[1641/8/147]*[print] [email] [cite] [preceding] [following]
Prayer said and rolls called.
The king being present.
The which day the king's majesty and estates of parliament nominate and appoint [David Carnegie], earl of Southesk and [Alexander Elphinstone], lord Elphinstone for the nobility; the lairds [William Forbes] of Craigievar and [Sir Robert Graham of] Morphie for the barons; and [David Anderson], commissioner of the burgh of Cupar and [Master Alexander Douglas of Downies, commissioner for] Banff for the burghs, to review, consider and peruse all the ratifications produced to the parliament and to be passed therein, that a catalogue may be made thereof to be read and passed publicly in parliament.
[1641/8/148]*[print] [email] [cite] [preceding] [following]
The which day, regarding the supplication given in to the king's majesty and honourable house of parliament by Colonel Alexander Hamilton, general of the artillery, making mention that it is not unknown to his majesty and many of the honourable house of parliament that the supplicant's whole study has been in the art of military discipline, especially regarding artillery, wherein, he being employed in Germany, upon honourable and good conditions he was recalled therefrom to England, where his majesty was graciously pleased to grant him pensions and allowances of £800 sterling by year, whereof he has been now by the iniquity of times frustrated near the space of four years bygone. And seeing he has given proof of his love, fidelity and ability to serve his native country in the charge of general of the artillery or master of the ordinance and is yet willing and ready, either in peace or war, to discharge that duty which is incumbent to the same, and which will require nearly as great attendance, diligence and care in peace as in war, for preservation and right ordering of the artillery, ammunition and arms already within this kingdom, and therefore desiring his majesty and parliament to take the premises to their consideration and to prescribe such ways as the supplicant may be paid of his bygone arrears and secured for payment thereof in time coming during his lifetime, as the supplication in itself purports. Which supplication being read in audience of his majesty and estates of parliament, his majesty and estates foresaid remit and refer the foresaid supplication, as well regarding the ordering and directing of the artillery pertaining to the public as regarding the said pensions, bygone arrears and allowance in time coming, to the committee nominated for the burdens of the country, and give them warrant to proceed and determine therein as a matter reasonable and expedient for the good of the country and public. And the estates earnestly recommend to the king's majesty what may concern his majesty's part regarding the office of general of the artillery and yearly payment thereof.
[1641/8/149]*[print] [email] [cite] [preceding] [following]
The which day, regarding the supplication given to the parliament by James, earl of Home, making mention of the great loss sustained by him by the lamentable accident that fell out at his house at Dunglass, and that the committee of estates thereupon gave warrant to certain persons to appraise his loss, who accordingly having taken trial of the particulars of the said earl's loss in so far as concerned his house of Dunglass, yards, dykes and planting thereof, they concluded that the reparation thereof would amount to the sum of £40,133 according to the report of the said commissioners, and therefore desiring the king and parliament to take the said report to consideration and to appoint course for reparation or payment of the said loss after consideration of the whole particulars mentioned in the report and of the condition of the house before the ruining thereof, which appraising cannot but be found far within the worth valued, seeing it was esteemed by some workmen who were builders of the house that the reparation thereof would amount to the sum of 130,000 merks. Which supplication being read in audience of the king's majesty and estates of parliament, his majesty and estates foresaid remit and refer the foresaid supplication given in and produced by the said James, earl of Home and desire thereof foresaid, with the commission and warrants granted by the committee of estates and reports produced, used and made upon the earl's supplication given in to the said committee of estates, to the committee appointed by the king and parliament for settling of the common burdens of this kingdom. Likewise his majesty and estates of parliament recommend the foresaid business above-mentioned to the consideration of the said committee for the common burdens as a matter deserving to be taken by them to consideration.
[1641/8/150]*[print] [email] [cite] [preceding] [following]
The which day, regarding the supplication given in to the king's majesty and parliament by Dame Mary, countess of Home, making mention of the great prejudice sustained by her by the lamentable accident that fell out at her house of Dunglass, whereof she was life-renter, by the overthrow of the house and whole household stuff, plenishing and hangings thereof, planting and yards of the same, and that upon the supplication made to the committee of estates by James [Home], earl of Home, heritor of the house, the reparation thereof, yards and planting of the same were by reputable persons estimated to £40,133, as the commission and report given in relating thereto bears, and in respect that the supplicant is life-renter of the house, yards and planting which is made unprofitable to her, it is necessary that the rest of the house which yet stands be repaired to her, and she considered for the loss of her plenishing and household stuff, and the monies appointed for repairing of the house employed for her liferent use thereof or given to her upon security for refunding thereof to the Earl of Home after her decease, and therefore desiring the king and parliament to take the premises to consideration and to appoint such course for reparation of the supplicant's loss as shall be found equitable, and that the little of the house not altogether ruined may be repaired and the supplicant satisfied for the loss of her plenishing and household stuff, and that the rest of the monies appointed to be paid may be employed for her liferent use or given her upon security of making the same forthcoming to the said Earl of Home after her decease, as the supplication purports. Which supplication being read in audience of the king and parliament, his majesty and estates of parliament remit and refer the foresaid supplication given in and produced by the said Dame Mary, countess of Home, and desire thereof foresaid, to the committee appointed by the king and parliament for settling of the common burdens of the kingdom. Likewise his majesty and estates of parliament recommend the foresaid business above-mentioned to the consideration of the said committee for the common burdens as a matter deserving to be taken by them to consideration.
[1641/8/151]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the acts made by his majesty's predecessors King James I of worthy memory in his 7th parliament and 101st act thereof, and the act made by his majesty's late dearest father of worthy memory in his 22nd parliament regarding the commissioners of small barons in parliament in the whole heads, clauses and articles thereof, and specially that article of the said last act bearing that all freeholders be taxed for the expenses of the commissioners of the shires passing to parliaments or general councils, and letters of horning and poinding to be directed for payment of the sums taxed for that effect upon a simple charge of six days only, with this addition: for clearing of the quantity and manner of the said taxation that there shall be allowed to every one of the said commissioners for their whole charges and expenses £5 every day for their expenses upon any parliaments or general councils, counting the first and last days from the down-sitting and rising of the said parliaments, with such other days allowed for the commissioners of every shire for their coming to the said parliaments or general councils and returning therefrom from time to time as they shall sit or be adjourned, namely: for the commissioners of the sheriffdom of Edinburgh, for their coming and going, one day; of Fife, two days; of Linlithgow, two days; of Lanark, four days; of Nithsdale, four days; of Dunbarton, four days; of Stirling, two days; of Haddington, one day; of Berwick, four days; of Clackmannan, two days; of Kinross-shire, two days†; of Perth, four days; of Kincardine, four days; of Ayr, four days; of Wigtown, six days; of Kirkcudbright, four days; of Roxburgh, four days; of Aberdeen, eight days; of Renfrew, four days; of Selkirk, two days; of Banff, eight days; of Elgin, ten days; of Nairn, ten days; of Argyll, eight days; of Inverness, twelve days; of Caithness, sixteen days; of Sutherland, fourteen days; of Orkney, thirty days. The which daily allowance after rising of the said parliaments or general councils shall be calculated and put in a sum by the clerk of parliament under his hand, to be divided and imposed proportionally upon the whole freeholders, heritors and life-renters holding of the king's majesty and the prince, according to the proportion of their lands and rents lying within the shire, excepting always out of this act all the lands belonging to the noblemen or their immediate vassals, and therefore declare that their lands held of his majesty or prince and their vassals to be free of the said tax, notwithstanding of this present act or any act preceding, and that letters be directed thereupon by the lords of session to charge the freeholders, heritors and life-renters holding of his majesty and the prince to convene at the head burgh of every shire upon one special day for dividing and setting down the proportion thereof in manner foresaid, with power also to stent the said freeholders, heritors and life-renters for the tenth penny more of the said whole so calculated for the expenses of the letters to be raised thereof, and other charges in the collection thereof, with certification that such as shall convene shall have power to proceed notwithstanding of the absence of the rest; and that letters of horning and poinding be directed thereupon at the instance of the said commissioners for payment thereof in manner above-written, and if payment be not made within the days contained in the charge, so that the commissioners be forced to poind thereof, then and in that case it shall be lawful to poind for the double of the sum charged, besides that charged by the sheriff, and no suspension pass thereupon but upon consignation only; and if the suspension discuss against the suspender, in that case the suspender shall be ordained to make payment to the commissioners of the double of the sum charged for, in addition to the commissioner's other charges and expenses in discussing the suspension. And this act to take effect for the commissioners of this present parliament and all parliaments hereafter.†
[1641/8/152]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that by an act of the date of this act made regarding the expenses of commissioners of shires passing to parliaments or general councils allowance shall be given to the said commissioners for their whole charge and expenses in manner specified in the said act, and that the daily allowance appointed for each commissioner in manner mentioned and divided in the said act after the rising of the said parliaments or general councils shall be calculated and put in a sum by the clerks of parliament under their hand, to be divided and imposed proportionally upon the whole freeholders of the king's majesty and prince, according to the stent of their lands lying within the shire, and that letters be directed thereupon by the lords of session to charge the said freeholders of his majesty and prince to convene at the head burgh of every shire upon a special day for dividing and setting down the proportion thereof in manner foresaid, as the said act made in favour of the said whole commissioners of small barons and shires at more length bears. And his majesty and the said estates, considering that in the parliament in the year of God 1633 a particular act was made in favour of the free barons and other inhabitants within the sheriffdom of Sutherland, giving power to them to elect and choose their own commissioners for the said sheriffdom to compear at parliaments, meetings and general conventions within this kingdom at all occasions, and considering likewise that, by the said act made in favour of the said whole commissioners, the commissioner chosen and attending this present parliament for the sheriffdom of Sutherland, and the commissioners who shall be chosen and sent from the said sheriffdom of Sutherland to attend these parliaments, general councils and other general meetings and conventions of estates hereafter in all time coming, shall have no allowance of their expenses and charges to be disbursed by them in the said service, albeit the said shire be one of the remotest and farthest distance in the kingdom, because there are only two inhabitants within the said shire holding lands of the king's majesty, the whole other heritors being either vassals to [John Gordon], earl of Sutherland or holding their lands of some other superior, and so according to the said general act the allowance of the commissioner of that shire cannot be divided nor imposed for payment and satisfaction of his charges and expenses, except the same be extended against the heritors, feuars and freeholders within the said sheriffdom holding lands of other superiors in manner underwritten. Therefore his majesty and estates of parliament ordain the allowance appointed by the said general act in favour of the commissioners of the said sheriffdom of Sutherland to be extended, divided and imposed proportionally upon all and sundry heritors, feuars, life-renters and freeholders within the said shire, whether they be vassals to his majesty or holding their lands of any other superior whatsoever, according to the stent of the lands lying within the said shire, and that letters be directed thereupon by the lords of session to charge all and sundry the heritors, feuars, life-renters and freeholders within the said shire holding of any superior whatsoever to convene at Dornoch, being the head burgh of the said shire, upon a special day for dividing and setting down the proportion thereof in manner foresaid, with power also to stent all and sundry the foresaid heritors, feuars, life-renters and freeholders holding of whatsoever superior within the said shire, for the tenth penny more of the said whole sums so calculated for the expenses of the letters to be raised thereof and other charges in collecting thereof, with certification that such as shall convene shall have power to proceed notwithstanding of the absence of the rest; and that letters of horning and poinding be directed thereupon at the instances of the said commissioners for payment thereof in manner above-written, and if payment be not made within the days contained in the charge so that the said commissioners shall be forced to poind thereof, then and in that case it shall be lawful to poind for the double of the sum charged, besides that charged by the sheriff, and that no suspension pass thereupon but upon consignation only; and if the suspension shall discuss against the suspender, in that case the suspender shall be ordained to make payment to the commissioners of the double of the sum charged for, in addition to the commissioner's other charges and expenses in discussing of the suspension. And this act to take effect for the commissioners of this present parliament and all parliaments hereafter.