[1633/6/52]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh upon 28 June 1633, the which day regarding the petition presented to his majesty and estates of parliament by a noble lord John, lord of Torphichen, making mention that whereas by statute of this present parliament the superiorities of all erections are annexed to the crown, which will not only comprehend the superiorities of church lands erected in temporal lordships but also all superiorities of erections of whatsoever other nature, and in special these of the lordship of Torphichen which was anciently of the lordship of St John, and which never did belong to any prelate, bishop or churchman, as shall be made apparent to his majesty or to any whom his majesty should appoint for examining the business; and being tried and found that his particular case differs from the nature of these superiorities intended by his majesty to be reduced to the crown, and, therefore, most humbly beseeching his majesty that in the act of annexation it may be declared that the superiority of his lordship of Torphichen is in no way therein comprehended, or that the same be remitted to the council, as at more length is contained in the said petition. His majesty, with the advice of the estates of parliament, remits the said petition to the council, with power to them to try but not to determine until they acquaint his majesty with what they find and have his majesty's pleasure returned to them relating thereto.
[1633/6/53]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh, 28 June 1633, regarding the signature given in and presented to our sovereign lord and estates of parliament by his highness's trusty cousin Alexander, lord Spynie, of the which signature the tenor follows word for word: Our sovereign lord and estates of this present parliament ordain a ratification and act to be made therein to, and in favour of, his highness's trusty cousin Alexander, lord Spynie, ratifying, approving and, for his highness and his successors, perpetually confirming the letters patent and gift made and granted by his majesty to him under his highness's great seal of the date 2 June 1626, whereby, for the reasonable causes therein contained, our said sovereign lord made, constituted and ordained the said Alexander, lord Spynie, during all the days of his lifetime, general muster-master and colonel of all and sundry troops and trained bonds of the whole kingdom of Scotland and whole isles adjacent and pertaining thereto, with ample powers and privileges in manner contained therein, as the same letters of gift and patent of the date foresaid in themselves at more length bears in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, perpetually decree and ordain that the generality of this present ratification is, nor shall in any way be, hurtful nor prejudicial hereunto in any sort, but the same shall be as effectual and sufficient as if the whole tenor of the said letters patent and gift were all at length inserted in the said ratification, with the which our said sovereign lord and estates of parliament have dispensed and by this commission dispense for ever. And because his majesty and estates understand assuredly that the attendance and discharge of the said office and place will require great pains and charges, through which his majesty resolved to have gratified the said Alexander, lord Spynie with some rent answerable to his charges and expenses, and his majesty being uncertain by himself to modify any certain or proportional rent thereof at the present, not understanding the travails and expenses he may sustain in perfect discharging of the said office and place, therefore our said sovereign lord, with advice of the three estates of parliament, has found it expedient that the managing of the business and modification of the rent answerable to the charge shall be referred to the lords of his highness's secret council of Scotland, who by their care may better inform themselves of the estate of that matter than his majesty can do upon such sudden manner now at his being within this realm, having so many weighty concerns and so short time to abide here. In respect whereof, our said sovereign lord, with advice of the said estates of parliament, has committed and herby commits to the said lords of his majesty's said secret council of Scotland the ordering of that business, and gives and commits to them full power and commission to set down and modify such sums of money yearly to be paid to the said Alexander, lord Spynie during his lifetime as they shall think expedient, and to appoint and impose the same to be paid either out of his majesty's rents or by such persons as after trial they shall think expedient; and also with power to them to set down such articles and injunctions as they shall think expedient for advancement of that service and generally all and sundry other things in the premises to do that his majesty, with advice of the said estates of parliament, might presently do. And also, with power to the said lords of secret council to direct out warrants for compelling of the sheriffs of the shires, stewarts of the stewartries, bailies of the bailiaries and regalities, provost and bailies of burghs and all other judges and ministers of his highness's laws, as well to burgh as land, for performance of such articles as shall be set down by the said lords of secret council relating thereto, and for that effect to direct out letters of horning and others in the appropriate form, whereupon this commission and act to be made hereupon shall be as sufficient a warrant as if the same had been done and passed in this present parliament; and ordains the said ratification and act to be completed in the best form. Given at Holyroodhouse, the [...] day of June 1633. Our said sovereign lord and estates of parliament above-written having read, seen and considered the foresaid signature and commission contained therein and whole contents thereof, and the same being voted in parliament, have given and granted and, by the tenor hereof, give and grant full power and commission to the lords of his majesty's privy council, after consideration of the foresaid signature and whole contents thereof, to decree and determine relating thereto as they shall think fit and expedient, they always causing warn and call before them some commissioners for each estate to treat and reason in the particulars above-written contained in the said signature before they make any final determination or conclusion therein.
[1633/6/54]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that the great and exorbitant interest accustomed formerly to be taken by merchants and factors of this his majesty's kingdom of Scotland from other of his majesty's subjects of the said kingdom for loan monies and monies advanced upon exchange in the city of London in his majesty's kingdom of England, has given occasion to the frequent and continual exportation of gold and money out of this kingdom, to the no small damage and prejudice of the same, and that the excessive proportion of the said interest does far exceed and surmount the rate and proportion of interest accustomed, usual and approved in other neighbouring and well governed kingdoms. For remedying and redressing whereof, his majesty and estates foresaid have given and granted full power, authority and commission to the lords of his majesty's privy council to set down, appoint and determine the due and just rate and proportion of interests that they shall find just, reasonable and expedient in all time coming, to be taken by merchants and factors of this kingdom and others exercising the said trade from any other of his majesty's lieges of the same kingdom for loan monies and monies to be advanced upon exchange in the city of London; with power likewise to the said lords to impose fines and penalties upon the breakers and contraveners of their ordinance to be made relating thereto, and to take such further course and order regarding the same as they shall think most expedient for the benefit of his majesty's lieges. And finds and declares that whatsoever the said lords of privy council shall find, determine and conclude regarding the premises, that the same shall have the full strength, force, power and effect of an act and decreet of parliament in all time thereafter.
[1633/6/55]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh, 28 June 1633, regarding the supplication and petition given in and presented to his majesty and estates of parliament by the justice deputes and [Sir George Elphinstone of Blythswood], justice clerk of the kingdom of Scotland, making mention that whereas King James, of blessed memory, being truly informed of the great decay of the most ancient criminal judicatory of this kingdom, and how by injury of time it had been dispossessed of many privileges and liberties only proper to it, and how the judges of the said court were altogether unprovided of convenient fees to maintain a dignity due to their place; in consideration whereof, his majesty was pleased, with advice of the estates of parliament, to grant a commission to a number of the honourable council who, by the advice of some lawyers, might meet and convene to consider every thing that should be thought expedient to restore and re-establish the said judicatory to the ancient dignity and integrity in all things, but that true it was that the said lords commissioners then appointed did never meet for the effect foresaid, so that nothing as yet was done as had been before resolved. In respect whereof, the said supplicants did humbly supplicate his majesty and the estates convened in this present parliament to grant a new commission to such persons as his majesty and estates foresaid should think fit to meet and convene for the causes foresaid, and to report their diligence to his majesty between now and some certain day thereafter, as the said supplication bears. Which being read in audience of his majesty and estates of parliament foresaid, and the same being heard and considered by them, our sovereign lord and estates foresaid remitted and referred, likewise by this commission they remit and refer to the lords of his majesty's most honourable privy council of the said kingdom of Scotland, to consult and consider of the said supplication and of the contents and desire thereof; and thereafter, with power to the said lords to give answer thereto or to determine therein as they should think fit and expedient.
[1633/6/56]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament have remitted and recommended, and remit and recommend, the article given in to the parliament desiring the kirks of Meikle and Little Daltons, lying within the diocese of Glasgow, to be disjoined from the kirk of Mouswald, and ordaining Meikle and Little Daltons to be a separate cure and parish kirk per se from Mouswald, as the article in the self more fully purports. Item, the article given in to the said parliament for erecting and planting and edifying of a new kirk upon the most commodious part of the parish of Beith lying nearest to the middle of the said parish, which is one of the kirks of the presbytery of Irvine, lying within the bailiary of Cunninghame, and for taking down and transporting of the old kirk of the same parish of Beith and whole materials thereof to the place where the new kirk is to be built for the better help to the edifying thereof; and desiring that the manse, glebe and glebe lands of the parish of Beith, presently possessed by the minister thereof, shall be applied to the use and utility of the builders and providers of the new manse and glebe, which shall be provided to the minister serving the cure at the new kirk of Beith to be erected and built in manner contained in the said article, as the same in the self at more length bears; to the lords commissioners and clergy of the high commission of the kingdom of Scotland to be considered, advised and determined by them, to whom our said sovereign lord and estates of parliament foresaid gives and grants by this commission full power and commission to decide and determine regarding the foresaid two particular articles above-written and each one of them, accordingly as the said lords and other commissioners of the said high commission, after consideration, trial and cognition had and taken by them regarding the foresaid two articles above-mentioned, shall find good for the ease, well and benefit of the lieges having interest therein; and ordains the decreet, sentence and determination to be made, given and pronounced by the said high commission regarding the foresaid two particulars above-specified to have the strength, force and effect of a sentence and act of parliament in all time coming.
[1633/6/57]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament have remitted and recommended, and remit and recommend, the article given in and produced in parliament for Robert Young, printer, citizen of London, and his partners, craving ratification of a gift granted to him and his foresaids to be sole and only printers to his majesty within the kingdom of Scotland for the space of 21 years after the date of the gift, which is dated 12 April 1632. Item, a petition given in by Janet Kene, widow of the late Andrew Hart, printer, burgess of Edinburgh, desiring that the foresaid gift may be recalled or at the least limited in manner contained in the said petition. Item, an article given in by Master Robert Craig as procurator for the kirk desiring that he might be paid of the £500 assigned to him yearly for that service as procurator for the kirk and ministry thereof out of the readiest of the annuity due to his majesty out of the teinds of the kingdom of Scotland, as the said article at more length purports. Item, another article regarding vassals of ward lands and regarding the entry of the mean vassals of kirklands. Item, an article given in in parliament desiring that the body of the cathedral kirk of Orkney be upheld and maintained by some competent means to be assigned out of the king's patrimony for that effect, seeing the same was upheld by the earl of Orkney of before, and that [George Graham], bishop of Orkney and his successors be ordained to uphold the choir of the said kirk, as the foresaid articles in themselves more at length bear; to the lords of his majesty's exchequer of the kingdom of Scotland to be advised, considered and determined by them, to whom our said sovereign lord and estates of parliament by this commission grant full power and commission to decide and determine regarding the foresaid particular articles and petition respectively above-written, and desire thereof accordingly as the said lords of exchequer, after trial and consideration had and taken by them relating thereto, shall find good and expedient; and ordains the determination, decreet, statute and ordinance to be made, given and pronounced by the said lords of exchequer regarding the particulars above-rehearsed to have the strength, force and effect of a sentence and act of parliament in all time coming.
[1633/6/58]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having considered these particular articles underwritten, given in and produced in parliament, namely: an article given in regarding the payment of the ministers' stipends within the burgh of Edinburgh, desiring that the sum of 12,000 merks may be uplifted yearly off the whole inhabitants and indwellers within the said burgh (the lords of his majesty's council and session being only excepted), and that according to the proportion of the mail they pay or the houses where they reside may pay for a maintenance and stipends to the ministers of the said burgh. Item, a petition by the gentlemen and inhabitants of the sheriffdoms of Elgin, Forres, Nairn and Inverness desiring that some solid order should be taken with the rebels of these bounds and that warrant be granted to [Sir Thomas Hope of Craighall], his highness's advocate, to pursue the said rebels before the justice, according to the said supplication. Item, an article desiring the charter of erection of the burgh of Stranraer, with the harbour thereof, in a free royal burgh, to be ratified in favour of the provost, bailies, council and community thereof and their successors. Item, the supplication, desire and reasons given in and produced to the parliament by the town of Wigtown against the foresaid ratification and desire thereof. Item, an article for the inhabitants of the west and north isles of Scotland desiring all charges and letters, either for civil or criminal causes, which shall be directed against the inhabitants thereof, to be ordained to be directed upon 60 days only. Item, an article for the inhabitants of Orkney and Shetland craving that the removable tenants thereof be free of payment of taxation. Item, it is craved that caution for lawborrows for the inhabitants of Orkney and Shetland be found within the country there and that the letters bear the same. Item, that it be ordained that all poindings used within Orkney and Shetland shall be lawful, being apprised and offered upon the ground to the party and the next Sabbath day at the parish kirk door without going to the cross of Kirkwall or Scalloway. Item, it is craved by the udalers of Orkney and Shetland who have these many ages, conforming to the dense law, possessed their land for payment of scat† and teind, that no man be interposed between his majesty and them to molest them, but that they remain his majesty's immediate vassals for payment of scat and other duties according to their rentals, until his majesty conforms their rights to the laws of this kingdom. Item, that it may be ordained that acts of warding upon sheriffs' decreets in default of moveable goods directly according to the order used within burghs, in respect that the sums being £10 or £12, and the debtor, having no moveable goods poindable, the party is not able to raise horning and caption thereupon. Item, an article given in by Sir John Scott [of Scotstarvit], director of the chancellery, desiring that the consideration of the article given in by him regarding the prices of the writs which pass his office may be remitted to such number of the lords of the articles of the three estates as our sovereign lord and the parliament shall think fit, and that the prices thereof may be established by their act according to the usual form. Item, a petition, with some articles given in by the doctors of physic within this kingdom, desiring our sovereign lord and estates of parliament take the articles and overtures given in by them (for incorporating of the doctors of physic within this kingdom in a college of physicians within the burgh of Edinburgh) into their consideration, and to allow all or such thereof as should be found expedient, as the said particular articles and petitions respectively above-specified bears. Our said sovereign lord and estates of parliament foresaid, being willing that the foresaid particulars above-written and every one of them, with the equity and justness of the desires of the same and expediency and conveniency thereof, be carefully and exactly considered, have therefore remitted and recommended, and remit and recommend, the foresaid particulars above-written and every one of them to the lords of his majesty's secret council of the kingdom of Scotland, to whom our sovereign lord and estates of parliament foresaid give and grant full power and commission to consider, advise and try the foresaid whole particular articles and petitions above-mentioned, and every one of them, with the equity, necessity and expediency thereof, and thereafter to decide, statute and determine regarding the foresaid particular articles and petitions and each one of them accordingly as the said lords of secret council shall think expedient for the good and well of all the lieges and according to the equity, necessity and expediency of the foresaid articles and petitions above-mentioned. Likewise our sovereign lord and estates of parliament foresaid ordain the decreets, statutes, ordinances and determinations to be made, given and pronounced by the said lords of secret council regarding the foresaid particular articles and petitions above-written, or any of them, to have the strength, force and effect of a sentence and act of parliament.
[1633/6/59]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh on 28 June 1633, the which day regarding the supplication given in and presented to his majesty and lords of parliament nominated and chosen for the articles by the parishioners of the parish kirk and parish of Nisbet, within the sheriffdom of Roxburgh, making mention that upon some information made to the estates of parliament in 1612, the kirk of Nisbet was united to the kirk of Crailing for hearing the divine service and participating of the sacraments; and seeing the parishioners in their resort there were forced either to adventure their lives oftentimes in crossing the rivers of Teviot and Oxnam, or to make a journey of at least four miles to cross the said waters at the bridge of Ancrum, though none of the said parish dwells half a mile from their ancient parish kirk, the kirk of Nisbet, and seeing also that the ministers' whole stipend is paid out of the parish of Nisbet and that the burial of the said parishioners did still remain at the said kirk of Nisbet, therefore beseeched the said lords of the articles to ordain that the ancient seat of the said kirk of Nisbet might be the only kirk for the said parishes of Nisbet and Crailing, and the present minister and his successors ordained thereafter to make their residence within the parish of Nisbet, and that the indwellers of Crailing should repair to the said kirk of Nisbet as their only parish kirk for exercise of divine service in all time thereafter, as the said supplication bears. Which supplication, being upon the 26 June read in audience of his majesty and the said lords of the articles, and they having had deliberate consideration thereof, after deliberation, they remitted and by this commission remit the foresaid supplication and whole contents thereof, and consideration of the same, to the decision and determination of the said lords commissioners of parliament appointed by his majesty and estates for surrenders and teinds, with power to them to determine therein as they shall think fit and expedient.