The 12th day of parliament
[1640/6/44]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament, convened by his majesty's special authority, remembering the thankful and painstaking service done by General Sir Alexander Leslie in the discharge of his duty and charge as general of the Scots forces, horses and foot, in 1639, by virtue of a commission granted to him by the estates of this kingdom convened in May 1639, therefore they ratify and approve all his proceedings and acts done by him and all those under his command in discharge of their said duty in the said charge, acknowledging that his singular care, vigilance, pains and good government merits a greater reward than this, which is only in their power to confer, that in testimony of their thankfulness the same may be recorded in their public register to remain there as an evident of their obligation to posterity.
[1640/6/45]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament, presently convened by his majesty's special authority, considering that forasmuch as the estates of this kingdom convened at Edinburgh, 17 April last, for weighty and important reasons, nominated and elected General Sir Alexander Leslie of Balgonie, knight, to be general of all the Scots forces serving for the common cause, as well horse as foot, which election and commission granted to him of the date foresaid they acknowledge to be done for the well of this kingdom and for his eminent worth deservedly conferred upon him; therefore they, all in one voice, ratify and approve the said election and commission in the whole heads, tenor and contents thereof, with this addition: that the said commission shall be extended to make him general as well by sea as land, with power to him to do everything fitting, according to the tenor of the said commission therein, declaring always, likewise it is hereby declared, that the articles of military discipline mentioned in the said commission are understood to be such as shall be agreed by the whole estates or by the committee from the estates, with consent of the said general, and that the said general shall not engage in war or make capitulation of peace without consent of the said committee of estate, at the least of both the quorums thereof. And the estates, knowing the worth and abilities of Master Robert Meldrum, ordain and appoint the said Master Robert to attend the said lord general to be his secretary.
[1640/6/46]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, for the explanation of the 18th act of the late parliament, held at Edinburgh in the month of June 1633, entitled 'Regarding the exchequer', find, declare, statute and ordain that the validity or invalidity of infeftments of his highness's property or of any other infeftments may not be discussed nor decided in exchequer, neither by way of action, exception or reply, but that the discussing and decision thereof is only proper to the lords of session; it is added that the exchequer are only judges to matters concerning the managing of the king's rents and casualties.
[1640/6/47]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament, presently convened by his majesty's special authority, ratify and approve the commission of the date the [...] day of [...], granted by the estates of this kingdom then convened in favour of Colonel Alexander Hamilton to be general of the artillery of this kingdom, in the whole heads, articles and clauses of the same commission, and hold this ratification as sufficient as if the commission were inserted herein; and recommend and remit to the committee of estates to take the said Colonel Hamilton's loss sustained in the common cause to their consideration, and grant him recompense for the same and his worthy service.
[1640/6/48]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament, presently convened by his majesty's special authority, ratify and approve the commission dated the [...] day of [...], granted by the estates of this kingdom then convened in favour of Colonel William Baillie to be general major of this kingdom and armies thereof, in the whole heads and articles of the same commission, holding this ratification as sufficient as if the same whole commission were inserted herein.
[1640/6/49]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament, presently convened by his majesty's special authority, considering that forasmuch as the committee of the estates of this kingdom residing at Edinburgh 15 May 1640, for weighty and important reasons, nominated and elected Master Alexander Gibson of Durie to be commissary-general of the whole kingdom of Scotland and of all the forces, armies, regiments and companies thereof, wherever the same shall happen to be for the time, as the commission granted to him relating thereto bearing date at Edinburgh, 15 May 1640 more fully purports, which election and commission the estates acknowledge to be done for the well of the kingdom and deservedly conferred upon the said Master Alexander Gibson; therefore they, all in one voice, ratify and approve the said election and commission in the whole heads, tenor and contents thereof, with this addition: that the said Master Alexander Gibson, commissary-general foresaid, shall have sole power by himself of electing and making of subcommissions under him in all the parts and places of this kingdom necessary as he shall find expedient and useful for the provision of the armies and camp, and for his help and ease in the discharge of the said office.
[1640/6/50]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament, presently convened by his majesty's special authority, ratify and approve the commission dated the [...] day of [...], granted by the estates of this kingdom then convened in favour of Colonel [...] Munro to be general major of this kingdom and armies thereof, in the whole heads, articles and clauses thereof, and holds this ratification as sufficient as if the commission were at length inserted herein.
[1640/6/51]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering the honour, dignity and authority of the supreme court of parliament over the council and session, and over all other civil judicatories of this kingdom, which have their original power and authority from the king's majesty and the estates of parliament, are subordinate thereto and ought to be accountable and censurable by them for their abusing of their power to the prejudice of the country for the well thereof they were established, according to the 12th act of the second parliament of King James IV, wherein the king's council was sworn in presence of the three estates to give his highness a true and sincere counsel in matters concerning his majesty and his realm, and to be responsible and accusable to the king and his estates of their counsel; considering also that during his majesty's absence out of this kingdom it is most necessary for the public peace of this kingdom and his majesty's honour that all misinformers, raisers and entertainers of jealousies, suspicions and divisions between the king, this kirk and kingdom should be severely punished, and especially all bad counsellors who instead of giving his majesty a true and sincere counsel have given or will give information and counsel to the evident prejudice and ruin of the liberties of this kirk and kingdom, should be exemplarily judged and censured by the king's majesty and the estates of parliament; therefore they renew and revive all acts of parliament made against leasing makers, raisers and entertainers of jealousies, contentions and divisions between the king's majesty and this kirk and kingdom, and declare that no dignity, quality, place or office whatsoever shall exempt those or any person whatsoever from the censure of the said acts.
[1640/6/52]*[print] [email] [cite] [preceding] [following]
The estates of parliament, convened by his majesty's special authority, considering the necessity of reviving and putting into execution the 53rd act of the third parliament of King James VI regarding letters of horning and caption to follow upon excommunication of the kirk after 40 days, renew and revive the said act of parliament, and ordain the lords of session to grant letters and other executorials against the excommunicated prelates and all other excommunicated persons.
[1640/6/53]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, taking to their consideration the prejudice that may come to those subjects who hold their lands ward of the king's majesty or of any other superior whatsoever, and shall happen to be killed in the defence and maintenance of the religion and of the laws and liberties of this kingdom during the time of the present troubles thereof, have statute and ordained, and hereby statute, ordain and declare that the profit and benefit of the ward, marriage, non-entry and relief, falling by the decease of any of those who shall happen to be killed in manner and for the cause foresaid, with the whole commodity that can follow upon the same, shall only pertain and freely be given and conveyed to the heirs, widow and bairns of those who shall happen so to be killed as follows, namely: where the widow and other bairns (by the heir) shall be found provided by the deceased, then in that case the whole benefit of the ward, marriage, non-entry and relief shall solely belong to the heir; but where the widow and other bairns (by the heir) be not found provided, in that case the benefit of the marriage shall only pertain to the heir, and the profit, commodity and benefit of the ward, non-entry and relief shall be employed and used for the subsistence and maintenance of the widow and bairns unprovided, and also for the subsistence of the heir if he have no other means for maintenance; and what is surplus by the widow and bairns their subsistence foresaid, ordain the same surplus to be employed for the provision of the said other bairns by the heir unprovided as said is, providing always that the said heirs and other persons foresaid to whom the benefit of the said ward, marriage, non-entry and relief is appointed to pertain in manner respectively before rehearsed be found not to have stood against the maintenance of religion, laws and liberties of kirk and kingdom, contrary to the late covenant ratified in this present parliament. And also the said estates find and declare that the king's majesty and all other superiors whatsoever of the said ward holdings shall be altogether secluded from the benefit of the foresaid ward, marriage, non-entry and relief falling by decease of their vassals in manner and for the cause before rehearsed.
[1640/6/54]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering that the offices of archbishops, bishops, archdeans, deans and others, the members of their chapters, are now abolished out of this kirk and kingdom, and herewith also taking to their consideration that there are sundry noblemen, gentlemen and others within this realm who held their lands of the said archbishops, bishops, archdeans, deans and other members of chapters (who are now abolished out of this kirk and kingdom as said is), for payment of certain yearly feu duties and fulfilling of certain clauses irritant and performing of other conditions contained in their infeftments, tacks and rights, and who, not knowing to whom they shall now pay their said duties and fulfil the other conditions of their infeftments and rights, may be prejudiced by incurring of the failure and danger of the clause irritant of their said rights for non-payment of their feu and other duties specified therein, and by the incurring of the certification contained in the acts of parliament set down regarding the payment by vassals of their feu duties to their superiors, the said estates, for remedy hereof and for eschewing the danger and prejudice that may come, hereby find and declare that those noblemen, gentlemen and others who by their infeftments, tacks and rights are indebted in payment of feu and tack duties or obliged in fulfilling of any other conditions to the said archbishops, bishops, archdeans, deans or other beneficed persons, members of their chapters now abolished as said is, are not and shall not be in delay for non-payment of their said duties and not fulfilling of the other conditions of their rights, and that the clause irritant of their infeftments, tacks and other rights shall not run against them, nor yet the certification of the said acts of parliament militate against them for non-payment of their said duties and not fulfilling of the other clause of the rights during the interval of time between 1 April 1638 and since and in time coming, while order be taken by the estates of parliament regarding the way and manner of payment of the foresaid feu and other duties for the said noblemen, gentlemen and others foresaid their security for the payment thereof, and until the same order so to be taken by the estates regarding this be publicly notified to all the lieges notwithstanding of any clause irritant contained in the foresaid infeftments and rights and notwithstanding of the certification of the acts of parliament set down against those who pay not their feu duties to their superiors.
[1640/6/55]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering that the commandment of the castle of Edinburgh, wherein the most part of the public registers and records and the honours of the kingdom are kept, and also the commandment of the castles of Stirling and Dumbarton, being a charge of great weight and importance, concerning as well the king's majesty's honour and safety as the security and safety of this whole kingdom, ought not to be committed but to such persons as are known and approved by the whole course of their life to be true and faithful subjects to his majesty and trusty and well affected countrymen, loving and tendering the peace, prosperity and good of this whole kingdom and the preservation and advancement of the true reformed religion now therein, by God's providence, established and professed, and maintaining of unity between the king and his good subjects, have therefore statute and ordained and hereby statute and ordain that the custody and keeping of the said castles shall be only entrusted to such persons as are natives born and bred within this kingdom, known and esteemed to be of the quality foresaid without exception, and who before their entry and admission to whatsoever charge, place or service within the said castles, or any of them, either as captains, constables, commanders, soldiers or servants within the same, shall be bound and obliged by a solemn oath to be given and made by them and every one of them to make faith that they shall faithfully employ whatsoever power, charge or service committed or that shall be committed to them within the said castles, or any of them, so far as they can or in them lies, to the king's majesty's honour and safety, to the peace, safety, good and prosperity of this kingdom and commonwealth and to the preservation and advancement of the true reformed religion therein presently established and professed, as they will answer to God. Likewise, in case it shall happen any of the persons foresaid to do or attempt anything contrary to the premises or any part thereof, it is statute and declared that they shall be punished with all rigour as traitors and common enemies to the king and country. And further, that the captains and commanders of the said castles shall be chosen by his majesty from time to time by advice of the estates of parliament, and that such as shall happen to be placed therein between parliaments shall be first tried and found by his majesty's council to be of the quality above-expressed, and shall have the charge thereof only to the next ensuing parliament, by the which they shall of new be tried and allowed, or otherwise his majesty shall place others therein by the advice of the estates as said is, always without prejudice of [John Erskine], earl of Mar's heritable right of the keeping of the castle of Stirling.
[1640/6/56]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament, presently convened by his majesty's special authority, ordain summons and charges to be directed in name of [Robert Balfour, lord Balfour of Burleigh], president of the parliament, and estates thereof for summoning and charging of the keepers of the castles of Dumbarton and Threave to deliver and surrender the same castles, and all that is therein, to the committee of estates appointed to reside at Edinburgh, within 15 days, after they shall be charged for that effect, or otherwise to compear personally before the said committee within the said 15 days and show a reasonable cause why they should not surrender the said castles, under the pain of treason. With certification, in case of failure, the said keepers shall be forfeited, likewise the estates of parliament grant hereby commission and power to the said committee for that effect in case of failure foresaid.
[1640/6/57]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering the privilege and exemption possessed by the nobility and barons of this kingdom, whereby they have been exempt from payment of all custom for goods imported to this kingdom for their own use, and therewithal taking to their consideration that the said exemption ought more especially to to be enjoyed for the arms brought home at this time to the nobility, barons and gentry of this kingdom and all other his majesty's lieges whatsoever for their own use for defence of religion, liberties of this kirk and kingdom in these times of troubles since the year of God 1637, therefore statute and ordain that all sort of ammunition whatsoever brought into this kingdom since the year of God 1637, or to be brought in hereafter during the time of these troubles, shall be free of all customs and imposition whatsoever, and inhibit and discharge all customs officials or whatsoever receivers thereof of exacting any custom or imposition for any kind of arms or ammunition already imported or to be imported during the time foresaid, and of all arresting or detaining the said arms and ammunition or any goods belonging to the merchant importers thereof for any custom acclaimed for the same, which the estates find in no way due nor reasonable to be granted in the case foresaid.
[1640/6/58]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament, presently convened by his majesty's special authority, find and declare that all the warrants of acts of this present session of parliament being now subscribed in face of parliament by Robert [Balfour], lord [Balfour of] Burleigh, president nominated by the said estates in absence of his majesty's commissioner, shall be a sufficient warrant to the clerks of parliament to cause print, extract and give forth the same acts under their hands and subscriptions.
[1640/6/59]*[print] [email] [cite] [preceding] [following]
The estates of parliament, convened by his majesty's special authority, considering the present strait and exigency menacing the ruin of this kingdom and how necessary it is for preventing thereof that those who have been the authors or are the maintainers and assisters of those courses that are destructive to the liberties of this kirk and kingdom, and that either by their false suggestions and calumnious relations of the estates of this kingdom and their proceedings to his majesty, or by their coming in arms against this their mother country and contributing to further our adversaries in their intended and professed plots and violences for the subduing and destroying this kingdom, or by their rising in arms within the country, fortifying and keeping of castles and houses against the estates, who defend the country against all foreign invasions and subjection, or by deserting their native country in such an extreme necessity and withdrawing from them all the assistance they can, that all those and others in the like condition be distinguished and censured according to the several degrees of their transgression against the state and kingdom; therefore they grant full power and warrant to the committee which is to sit at Edinburgh for to direct in their name precepts to the lyon king of arms and his brethren heralds and messengers to pass, warn and charge in name of the said estates the persons underwritten and others whom the said committee, upon like probable grounds, can suspect to have been the leasing makers and tellers and false accusers of the estates of this kingdom and their proceedings to the king's majesty as seditious, rebellious and treasonable, to have been the instigators, framers and drafters of the strange proclamations and declarations made against his majesty's subjects and estates, as rebels and traitors, or to have risen or rise in arms and concur with the adversaries for subduing of this their native country, or to fortify, keep or detain strengths or castles against the estates of this kingdom who stand to their covenant for defence of their religion, crown and country, or wittingly and willingly to withdraw their assistance from their mother country in this extremity and contribute their help and countenance to the adversaries, and all others who are either authors, abaters, maintainers or suppliers or art and part, or have any hand in countenancing and concurring with our adversaries to the subduing and destroying of this kingdom, and especially those that have seemed to join with us and have subscribed the covenant, for to compear personally on [...] at Edinburgh before the parliament at the next session thereof, to answer to these and all other crimes of that kind which may be laid to their charge and that under the pain of treason and forfeiture for their contumacy in case of non-compearance. Likewise the estates declare that these precepts, being subscribed by [Robert Balfour, lord Balfour of Burleigh], president, and quorum of the committee foresaid, shall be as sufficient as if they were subscribed in parliament.
[1640/6/60]*[print] [email] [cite] [preceding] [following]
The which day the said estates of parliament, having read and considered the supplication given in by James Arnott, merchant, making mention of the satisfaction due to be given to him by the estates for his ship and ordinance thereof, and desiring them to take consideration of the great prejudice and loss sustained by him by the detaining of his ship and ordinance from her voyage, has remitted and recommended and hereby remit and recommend the foresaid supplication and desire thereof to the committee of estates appointed to reside at Edinburgh to be considered by them.