The 40th day of this session of parliament
[1641/8/106]*[print] [email] [cite] [preceding] [following]
Prayer said and rolls called.
The king being present.
Our sovereign lord and estates of parliament ratify and approve the subscribed supplication lately given in to the presbytery of Irvine by the friends of the house of Boyd and the heritors and inhabitants of the parish of Kilmarnock, with consent of the late Master Michael Wallace, their then minister, craving that the said presbytery, in regard of the spaciousness of the said parish, would appoint certain of their number to go through the bounds thereof and design some commodious place for building of a new kirk, and design the lands for making up of a parish to the said new kirk, and declaring that the stipend for the minister serving the cure at the said new kirk shall be taken off the land designed for the said new parish, with the said presbytery of Irvine, their allowance of the foresaid supplication and ordinance given to Master William Russell, moderator, Master John Bell, Master William Lindsay, Master Hugh MacKaill, ministers, Robert Montgomery, laird of Hessilhead, William Dunlop, laird of Craigie, ruling elders of the said presbytery, for making of the foresaid designation of the said new parish, together with the designation and division made by them according thereto, of the date at Eldersfleete in Rosfinnicke, 13 July last, whereby they, after surveying the bounds of the said parish of Kilmarnock and taking of all other trial and information in the said matter, have with the advice of the special heritors, parishioners and others present designed the lands following, namely: the lands of Polkellie belonging to [Sir William Cunningham], laird of Cunninghamhead; the lands of Polruskane, the Well, Tannochecreighe†, Haghouse, Brierbus, Doun, Sternohall appertaining to [Sir William Muir], laird of Rowallan; the lands of Tipperhill, Aikenhead and Stoneypath pertaining to [John Crawford], laird of Craufurdland; the ten pound land of Raith belonging to [John Campbell], lord Loudoun and sewer therein; the twenty pound land of Hershewemure belonging to [James Boyd], lord Boyd, with the other whole lands lying above those before-named, which were formerly within the old parish of Kilmarnock, with the inhabitants of the same, to be the bounds and congregation of the said new kirk to be built in the upper part of the said parish of Kilmarnock; and also have designed that part of the Alderfleet of the lands of Rosfinnicke appertaining to the Laird of Lochridge, which they have particularly designed by setting up meiths, as the most commodious part where the said new kirk and kirkyard shall be situated and for the glebe and manse adjacent thereto in all and sundry heads, clauses, articles and conditions thereof, after the forms and tenors of the same in all points, and with the provisions, declarations and conditions respectively contained in the foresaid subscribed supplication, allowance and designation above-mentioned, declaring hereby that this present ratification shall be as valid and sufficient in all respects as if the foresaid supplication, allowance, ordination and designation foresaid following thereupon were specially and at length engrossed herein, whereupon his majesty and estates have dispensed, and by this act dispense for ever. And also our said sovereign lord and estates of parliament, in respect of the premises above-specified and of an act of the late general assembly at Edinburgh, 5 August last, recommending to this parliament the desire of the said supplicants for erecting the foresaid new kirk, have erected and erect the foresaid particular lands, rooms and others before rehearsed lying and pertaining respectively as is above-designed in a separate and distinct parish by itself, to be called the new kirk of Kilmarnock now and in all time coming, and the inhabitants, tenants and indwellers, as well heritors as other possessors of the said lands, to be the parishioners of the same new kirk and parish, and ordain them as parishioners thereof to resort and repair to the foresaid new kirk, to be built upon the place before designed, as to their own parish, kirk and as parishioners thereof. Which ratification and erection of the foresaid new kirk our sovereign lord and estates of parliament declare is and shall be always without prejudice to the Lord Boyd, his heirs and successors of the right of patronage of the foresaid whole kirk and parish of Kilmarnock, both old and new parishioners thereof, who and his successors are hereby declared as patrons of the whole old parish of Kilmarnock to have the only right of presentation of ministers both to the old kirk and parish of Kilmarnock and to the foresaid new erected kirk above-specified, as the same or any of them shall happen to become vacant, and that the present minister at the old kirk of Kilmarnock and his successors are and shall be only titulars of the whole teinds of the parish of Kilmarnock, as well old as new parishes thereof, and the minister at the said new kirk by his presentation and admission to the cure and function thereof shall only have right to the modified stipend to be provided to him and his successors for the service of the cure of the foresaid new kirk. Likewise also it is declared that the foresaid ratification and erection of the new kirk above-specified is and shall be likewise without prejudice to the said Lord Boyd of his tacks and rights of the teinds of the said parish of Kilmarnock and of the other tacks and rights flowing therefrom to the other heritors of the same parish for the teinds of their lands mentioned therein, or which are or have been set and granted to the Lord Boyd or other heritors foresaid by the present or preceding ministers of Kilmarnock of the teinds of the foresaid lands whereof the said new kirk and kirk and parish is now erected as said is; and that the grassums due to the Lord Boyd by his tacksmen shall in no way be affected by the provision of the new kirk except as by law; and ordains the same new kirk to be, and to be reputed and held in all time coming, a distinct and separate parish kirk and parish to be called the Newkirk and parish of Kilmarnock.
[1641/8/107]*[print] [email] [cite] [preceding] [following]
The which day, regarding the supplication given in to the parliament by Hector Bannatyne of Kames, making mention that he being appointed commissioner to this parliament for the sheriffdom of Bute, true it is that Ninian Stewart of Ascog intended actions against him before the commissioners of Edinburgh for reducing a decreet obtained by the said Hector against him before the commissioners of the isles, wherein the commissioners of Edinburgh have given decreet of reduction against the supplicant, and therefore desiring to be restored against that decreet of reduction and the same to be declared null, as the said supplication in itself purports. Which supplication being this day publicly read in open parliament in audience of the king's majesty and estates of parliament, and the desire thereof foresaid considered by them, his majesty and estates of parliament find the desire above-mentioned of the said supplication reasonable, and therefore find the decreet above-written null and restores the supplicant against the said decreet as if the same had never been given.
[1641/8/108]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty and estates of parliament grant dispensation to the justice and his deputes to sit and hold courts upon Arthur Campbell for the slaughter of the late Mungo Watson, whereupon his majesty and estates grant dispensation.
[1641/8/109]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty and estates of parliament grant commission to [John Lindsay], lord Lindsay†, [James Elphinstone, lord] Coupar and [George Forrester, lord] Forrester for the nobility; [Sir Robert Adair], laird of Kinhilt, [Hugh Campbell of] Cessnock and [Sir John Moncreiffe of] Moncreiffe for the barons; and [John Semple of Stainflett], commissioner for Dumbarton, [Master Alexander Douglas of Downies, commissioner for] Banff and [John Osborne, commissioner for] Ayr for the burghs, or any five of them, to examine the witness produced by William Cunningham of Polton against Alexander, earl of Galloway for proving of the complaint contained in the supplication given in by the said William Cunningham against the said earl.
[1641/8/110]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty and estates of parliament, having taken to their consideration the earnest and frequent petitions and desires made to his majesty and estates of parliament by Master Alexander Gibson of Durie, as commissary-general of the army, craving that auditors might be nominated and appointed for hearing, considering, fitting and concluding of his whole accounts as commissary-general of the said army, that he thereafter may be disburdened and exonerated of that charge, and for granting commission to the auditors to be nominated and appointed for hearing and fitting the foresaid accounts; and finding the foresaid desire to be just and equitable, his majesty, with advice of the estates of parliament, has given and granted, and gives and grants, full power and commission to Archibald [Douglas], lord Angus, Hugh [Montgomery], lord Montgomery, John [Fleming], lord Fleming, John [Maitland], lord Maitland, James [Carnegie], lord Carnegie and David [Wemyss], lord Elcho, and to Sir John Hamilton of Bargany, Mungo Campbell, fiar of Lawers, John Crawford of Kilbirnie, Sir William Muir of Rowallan, James Chalmers of Gadgirth and Master William Cochrane of Cowdoun, as also to George Suttie, Robert Fleming, James Roughead, John Binney and John Jossie, merchant burgesses of Edinburgh, and James Sword, merchant burgess of St Andrews, or to any nine of the persons above-named, which is the equal half of the whole number above-written, to receive, hear, consider, fit and conclude the said commissary-general's whole accounts, both charge and discharge thereof, at the least so much thereof as was not fitted at Newcastle by the commissioners appointed for that effect by the committee of estates; with power to the said whole auditors above-named, or any nine of them, to try and examine the same whole accounts, both charge and discharge thereof foresaid, and to allow or disallow the articles thereof as they shall find just and reasonable, and to do everything necessary and requisite which may conduce for the clearing of the same accounts and which may advance and further the exact trial, clearing and concluding thereof. And for this effect his majesty, with advice of the estates of parliament, ordains the foresaid persons, auditors respectively above-named, to meet and convene at all such convenient times and diets as may best further and advance the fitting and ending of the said commissary-general's said accounts, charge and discharge thereof, and that at any time or times between the date hereof and the [...] day of [...]; and after the hearing, trying, fitting and concluding of the said accounts, ordains the commissioners respectively above-named, or quorum thereof foresaid, to report the same accounts so fitted and what they find and conclude therein to the parliament or committee to be appointed by the parliament for hearing and clearing the common burdens of the kingdom to be considered by them, that thereafter the parliament or committee foresaid may take such course and order for the said commissary-general's exoneration as after consideration of the report of his accounts they shall find just and expedient; and declares that the said commissioners, their allowance or disallowance of the said accounts or any articles thereof, is or shall be always without prejudice to the estates of parliament or committee foresaid to control the same allowance or disallowance in whole or in part as they shall find just and expedient after report and consideration thereof.