The supplication presented by the Laird of Langton concerning his answers regarding the place of usher to the petition exhibited by [William Hamilton], earl of Lanark, in name of James Maxwell, being read, appoints a duplicate thereof to be given to the Earl of Lanark and another to [John Fleming], earl of Wigtown, that they may be advised therewith; and the said Sir William Cockburn of Langton asked instruments that he was debarred violently from the possession of his place of usher, and protested that the same might not be prejudicial to his right of the said place and office.
[1641/8/46]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent of the estates of parliament, understanding that the general assembly of the kirk has by their special act made on 30 July 1640, session 3, ordained all idolatrous images, crucifixes, pictures of Christ and all other idolatrous pictures to be demolished and removed forth and from all kirks, colleges, chapels and other public places, therefore ordain all presbyteries to take diligent trial of all idolatrous pictures and images being within kirks, colleges, chapels and other public places, and after trial intimate the same first to the owners and parties themselves that they may remove the same. And in case they do neither appeal presently from the presbytery in the ordinary way to the synod and general assembly nor remove them within the space of three months, then to intimate the same to all sheriffs, stewarts, bailies, magistrates of burghs and regalities within the which the same shall be found. And ordain them upon the requisition to be made to them by the said presbyteries, moderator or brethren thereof to raze, demolish, abolish, cast down or deface all these idolatrous images, pictures and other idolatrous monuments foresaid, accordingly as they shall be enjoined and directed from the foresaid presbytery from time to time, each one of them within their own bounds and jurisdiction respectively except in the case of appellation foresaid. And if the presbyteries be negligent, that they be censured by the synods and general assemblies and the sheriffs and other officers foresaid (in case of their negligence) to be censured by the secret council as they shall think reasonable, and prohibit and discharge all making of such images or idols and all construction of the same in all time coming under all highest pains to be inflicted upon the contraveners thereof.
[1641/8/47]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify the two acts of parliament regarding the escheats of excommunicated persons made by his majesty's father of blessed memory, one thereof parliament 14, chapter 197, and the other parliament 20, chapter 3, with the addition and declaration following: that no gift of escheat passed or to be passed upon excommunication or horning upon excommunication shall be valid, but the same is declared to have been and to be null in all time coming by way of exception or reply. And declare the said two acts ratified as said is, with the addition foresaid made thereto, to be extended to all excommunication pronounced or to be pronounced against whatsoever person or persons and for whatsoever causes. And further, his majesty and estates foresaid ratify and approve the act made by his majesty's father parliament 16, chapter 17 regarding non-communicants every year once, with this declaration and addition: that the penalties of the contraveners modified in the said act be payable in all time coming to the several presbyteries within the jurisdiction whereof the contraveners dwell to be applied by them to pious uses, and that the said presbyteries or any they appoint shall have power to crave, receive and pursue for the same. And further our sovereign lord and estates foresaid, for the greater terror and the more effectual reclaiming of all excommunicated persons, declare that all persons whatsoever, according to the degrees and qualities mentioned in the said act lying under the sentence of excommunication, shall be liable to the pains and penalties contained therein, and that yearly after the sentence of excommunication until they be relaxed therefrom and reconciled to the kirk. And also declare that the said yearly penalties against excommunicated persons shall pertain to every parish kirk and kirk session in burgh or countryside within their own bounds to be applied to pious uses, and that they or any person they appoint shall have power to crave, receive and pursue the same, to be applied to the pious uses of the several parish church sessions where the contraveners dwell, and in case of the parish church sessions their slackness the presbytery to exact after the expiration of a year and a day after the contravening. And further declare the donators to the excommunicated persons their simple escheat and liferent and all other intromitters with their goods and gear and livings shall be liable to the payment of the said pains and penalties in the same manner as the excommunicated persons are liable themselves. And because in the said act there is no particular penalty modified against burgesses, therefore his majesty and estates foresaid ordain every burgess that bears or has born office of magistracy so often as he shall contravene the said act to pay the sum of 200 merks, and every other burgess the sum of £40. And also ordains the said persons to be liable in the said penalties respectively not only for their own personal contravening of the said act but also so often as the same shall be contravened by their wives respectively, and also so often as the same shall be contravened by their children. Also they shall incur the first part of the said pains respectively for every bairn not forisfamiliate and of the age of 15 years complete, and that on every occasion they shall contravene the said act. And also that every servant so often as he shall contravene the said act shall pay one year's fee on every occasion, lawful requisition being always made to the said wives, children and servants by their pastor or presbytery to give obedience to the said act.
[1641/8/48]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that one of the chief ways for bringing in of money into this kingdom has been bullion, which now for lack of the true managing thereof is become unprofitable, therefore our said sovereign lord, with advice and consent of the said estates, statutes and ordains that in time coming all and every merchant passing out of this kingdom with any merchandise, or sending the same out of this country at the customing of the said goods, shall find security to the customs officers for importing and bringing in such quantity and proportion of bullion as by the laws of this kingdom is due for the said goods transported by them, and shall accordingly deliver the same and cause be delivered to the master of the mint-house, and shall receive back again his majesty's coin of this kingdom, and shall make faith that the same was brought by them from foreign parts or by others in their name. And discharges all payment of bullion beforehand and all agreements made regarding bullion one with another and paying of the same with his majesty's coin or with any silver that is within the country already, under the pain of doubling of the said bullion. As also, because the bullion is ordained to be paid to the master of his majesty's mint-house, who has his only residence in Edinburgh, and that thereby many merchants who dwell not within the said burgh will be put to great and unnecessary charges for a small matter of bullion, therefore it is statute and ordained and declared that it shall be lawful to the said merchants to send the same to the said master of the mint-house, providing he send therewith an attestation under his oath and hand if he can write, and under his mark if he cannot write, and both before two subscribing witness of magistrates or council of the burghs where they dwell, that the said bullion due by him was brought within this kingdom from foreign parts and that the same was not acquired nor bought by him within the same.
[1641/8/49]*[print] [email] [cite] [preceding] [following]
The which day the supplication and complaint given in by the town of Wigtown against [Alexander Stewart], earl of Galloway, being read in audience of his majesty and the parliament, together with the said earl's answers thereto and replies made by the town to these answers, the estates of parliament ordain letters to be directed at the instance of either party to summon witness to compear before the parliament to be examined upon what shall be admitted to either parties' probation, either of the petition or reply for the pursuer, or defence for the defender, and that upon their own peril without prejudice to both parties of their reasons why no witness can be examined upon these points or why they are not relevant, and also without prejudice of the objections against the witness, and assigns 23 September henceforth to the effect above-written.
[1641/8/50]*[print] [email] [cite] [preceding] [following]
The which day the two supplications given in to the parliament by John MacCulloch of Mertoun against Alexander [Stewart], earl of Galloway, together with the earl's answers produced against the same supplication, being read in audience of his majesty and parliament, his majesty and estates of parliament ordain witness to be examined henceforth, without prejudice and upon the conditions to either party as is set down in the ordinance between the town of Wigtown and the Earl of Galloway, and for this effect assigns 23 September instant.