The 65th day of this session of parliament
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Prayer said and rolls called.
The king being present.
Forasmuch as his majesty and the estates of this present parliament have resolved to ride and conclude the said parliament on 17 November, therefore his majesty and estates foresaid command and ordain the whole members of this present high court of parliament, as well the noblemen as the commissioners of shires and burghs, to be in readiness with their robes, horses, foot-mantles and other equipment at his highness's palace of Holyroodhouse the day foresaid at 9 o'clock before noon, to convoy his majesty from the said palace of Holyroodhouse to the parliament house of Edinburgh and from thence back to the said palace, and ordain public proclamation to be made hereof by the lyon or his brethren, the heralds, at the market cross of Edinburgh by sound of trumpets; concerning which, this ordinance to be a sufficient warrant. Subscribed by [John Elphinstone, lord Balmerino], president of parliament, at command of the king and parliament.
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It being questioned whether any lord of parliament should give place to others that are not lords of parliament at public or private meetings, it was found by his majesty and estates of parliament, after voicing, that this question could not be determined until the parties having interest should be first cited.
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The which day the said noblemen and others above-named protested that the clause underwritten contained in the act of commission regarding the provision of kirks and this day agreed to in parliament, namely: likewise it is hereby declared that the teinds and teind duties which belonged to chapters, deaneries, sub-deaneries and other dignities of their chapters shall be liable to the provision of the kirks which are annexed thereto, according to the proportion of eight chalders of victual or 800 merks out of the teinds of the own parish only, according to the act of parliament, be not prejudicial to their rights of teinds or teind duties belonging to chapters, deaneries, sub-deaneries and other dignities, and thereupon asked instruments.
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Our sovereign lord and estates of parliament, considering notwithstanding the acts of the general assembly ratified in this present parliament, June 1640, against the profaning of the Lord's day by going of salt-pans, salmon fishing, kilns, mills and hiring of servants on the said day, yet the said abuses are not less often but rather increased, therefore our sovereign lord and estates foresaid, for the better restraint of the said abuses and profanations, do again inhibit and discharge all going of salt-pans or mills and all working of works therein upon the Lord's day, and all hiring and conditioning of shearers on the said day, and that under the pains and penalties following to be paid to the particular sessions of every parish wherein the abuses before specified are committed, to be employed to pious uses, namely: the sum of £20 for each day foresaid working in manner foresaid of each salt-pan, of each day fishing of salmon and of each mill, to be paid by the heritors and possessors thereof for the time and the masters to be answerable for their servants, and the sum of £10 for each shearer and fisher of salmon on the Lord's day, the one half to be paid by the hirers and conducers, the other half by the persons hired on every occasion; and ordain the magistrates of the town to keep the transgressors in ward until they pay the said penalties for the which the magistrates shall be answerable to their sessions. And further, our said sovereign lord and estates do hereby inhibit and discharge all markets, using of merchandise, carrying of loads upon the Lord's day, and all other profanations or abuses thereof whatsoever, and that under the same pain of £10 to be paid by every transgressor to their sessions respectively for the uses foresaid on every occasion. And ordain the said penalties respectively above-specified to be exacted in addition to the confiscation of the salt, corn, merchandise, loads and other goods whatsoever employed, used, gained or made and wrought in the profaning and abusing of the said Lord's day, which pain is also hereby ordained. If the transgressors be not able to pay the penalties foresaid, ordain them to be punished exemplary in their bodies according to the merit of their fault on every occasion.
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Forasmuch as his majesty, with the advice and approbation of the estates of parliament, has now nominated and elected the fifteen ordinary and four extraordinary lords of the session and senate of the college of justice, for administration of justice to all his majesty's lieges of this his majesty's ancient and native kingdom according to the foundation and erection of that sovereign judicatory, therefore his majesty and estates of parliament command and ordain the said lords, ordinary and extraordinary, of the said session and senate of the college of justice now nominated and elected as said is, with the whole officers and members of that judicatory, to convene and sit down in session at Edinburgh on 4 January next for administration of justice to all the lieges at the times and according to accustomed order of that judicatory. And for the better notification hereof to the said lords and members of the college of justice and all others of his highness's lieges whom it concerns, ordain public proclamation to be made hereof by the lyon or his brethren, the heralds, at the market cross of Edinburgh by sound of trumpets; concerning which, this act, subscribed by [John Elphinstone, lord Balmerino], president of the parliament, at command of the king and parliament, shall be a sufficient warrant.
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The which day the king's majesty and estates of parliament ratify and approve the act of the committee of estates of parliament, granted by the committee upon 27 May 1641, with consent of the nobility and commissioners of shires and burghs then convened, in favour of the burghs regarding their release of the payment of 120,000 gilders undertaken by the burghs to be paid and advanced by them to the factors at Campvere, in the which it is declared that in case they be not repaid of the foresaid sum by the means and courses prescribed by the said committee, that in that case they shall be repaid thereof by a part of the £300,000 sterling of the brotherly assistance from England, as the said act of committee of the date foresaid more fully purports, in the whole heads, articles, clauses and conditions of the same act, and declare this present general ratification thereof to be as valid and sufficient as if the said act were at length inserted herein; concerning which, his majesty and estates dispense for ever.
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Our sovereign lord and estates of parliament, considering that during the time of the late troubles of this kingdom there were many great sums and burdens contracted, undertaken and advanced for the equipping and maintenance of the armies and for other public affairs, as likewise considering that the accounts of the common burdens of the kingdom and the accounts of the tenth penny and of the other debts resting due and payable to the public, together with the accounts and intromissions of all commissioners, collectors and other persons who have had any charge or intromission with anything pertaining to the public, as well in the country as at the army and other parts abroad, are not yet fully closed, cleared, counted for, paid nor reduced in order, and seeing it is absolutely necessary that all the debts contracted and advanced for the public use, either within the kingdom or without the same, be known, satisfied, paid and relieved, as also that everything resting to the public be counted for, paid and brought in for relief of the common burdens, and that the whole accounts of the armies and other accounts within and without the kingdom, together with the accounts of the monthly maintenance of the army and brotherly assistance granted by the parliament of England for relief of the common burdens of this kingdom, at least so much thereof as is already paid, be all cleared, fitted and closed, and that the rest and surplus of the said brotherly assistance yet resting may be craved, uplifted and received for the public use; and it being likewise necessary that all and every person who have had any trust and intromission with anything pertaining to the public, either within the country or at the army or any other place, be called to an account for their intromission, and that the general, officers and others who have served in the public be satisfied and recompensed for their service according to their demerits, as also that the loss sustained by the particular persons whose ships and goods were taken at sea either in England or Ireland be taken into consideration to the effect that the whole burdens and debts outstanding by the public being known, and all that is due to the public being counted for, paid and brought in for relief of the common burdens, the estate and condition of the public affairs may be the better known, and accordingly such course taken relating thereto as may best conduce for the good and well of the country; and seeing the clearing and settling of the premises will necessarily draw to such a length of time as his majesty and the estates of parliament cannot in this present parliament receive, call for nor examine the said accounts and common burdens of the kingdom and settle and order everything concerning the same, in respect whereof, our said sovereign lord and estates of parliament have found it necessary and expedient that a select number of the several estates of the kingdom be nominated, authorised and appointed for clearing and settling of the whole premises, and for directing, settling and ordering of everything which may concern the same, or which may offer and come in consideration relating thereto. Therefore his majesty and estates of parliament presently convened do, by virtue of this commission, elect, nominate, choose, authorise and appoint the persons after-specified, namely: John [Campbell], earl of Loudoun, high chancellor of Scotland, Archibald [Campbell], marquis of Argyll, Alexander [Montgomery], earl of Eglinton, John [Kennedy], earl of Cassilis, William [Cunningham], earl of Glencairn, John [Maitland], earl of Lauderdale, William [Kerr], earl of Lothian, John [Lindsay], earl of Lindsay, David [Carnegie], earl of Southesk, James [Ogilvie], earl of Findlater, John [Sinclair], lord Sinclair, John [Elphinstone], lord Balmerino, Robert [Balfour], lord [Balfour of] Burleigh, George [Forrester], lord Forrester, Sir Charles Erskine of Bandeath, [Alva and Cambuskenneth], Sir David Home of Wedderburn, Sir Robert Innes of that Ilk, Sir George Dundas of that Ilk, Sir William Cunningham of Caprington, Sir John Wauchope of Niddrie, Sir Alexander Erskine of Dun, Sir Gilbert Ramsay of Balmain, Sir Duncan Campbell of Auchinbreck, Sir William Forbes of Craigievar, Sir Robert Grierson of Lag, Master John† Douglas of Bonjedburgh, William Rigg of Aithernie, Alexander Gordon of Earlston, John Binney, burgess of Edinburgh, Thomas Durham, burgess of Perth, Patrick Leslie, burgess of Aberdeen, George Bell, burgess of Linlithgow, Patrick Bell, burgess of Glasgow, James Sword, burgess of St Andrews, John Kennedy, burgess of Ayr, John Semple [of Stainflett], burgess of Dumbarton, William Glendinning [of Gelston], burgess of Kirkcudbright, James Scott [of Logie], burgess of Montrose, Master Robert Barclay, burgess of Irvine, James Anderson, burgess of Cupar, George Gardyne, burgess of Burntisland and Master Alexander Douglas [of Downies], burgess of Banff, together with Alexander [Leslie], earl of Leven, and Sir Adam Hepburn of Humbie, one of the senators of the college of justice, whom his majesty and estates of parliament add to the foresaid number as ordinary members, with the rest to be commissioners from his majesty and the parliament to the effect specified above and below; of the which persons, any 12 of them shall be a quorum, there being always three of them of each estate to whom our said sovereign lord and estates and whole body of the present parliament gives, grants and commits full power, warrant, commission to meet and convene within the burgh of Edinburgh and such other places as they shall think expedient between now and [...] the day of [...] next at farthest, and there to call for, examine, consider, clear, fit, allow and account the whole debts and burdens contracted and undertaken, advanced, furnished and applied for the public use and likewise with power to them to reduce the whole debts, accounts and burdens resting by the public either within the kingdom or without the same to (be) a full and complete order; and for that effect, to call all persons interested and concerned therein before them for the better trying, clearing and expediting of the same or of any difficulty which may offer or occur in the settling and clearing of the said common burdens and debts. And with power to the said commissioners or quorum foresaid of them to fit, examine, close, settle, control and allow the whole accounts and intromissions of all commissaries, collectors and their deputes and substitutes, and of all other persons who have had any charge, trust, intromission or meddling with anything pertaining to the public or in any public trust and charge, either within the kingdom or without the same, not already approved and allowed by the late committees of estate or either of them; and for that effect, our said sovereign lord and estates of parliament grant full power to the commissioners foresaid to call before them or their quorum foresaid all commissaries, collectors and others who have had any trust, intromission or meddling, or who are resting anything due and pertaining to the public, at such diets and times and at such times and in such a manner as they shall prescribe and find expedient, and to call for, examine, control and allow the whole regiment accounts and other accounts of the army, within and without the country, with the accounts of all victual, money, goods or other commodities and equipment furnished, received, expended and given out for making up, equipping and maintenance of the armies and of all other public expeditions and employments, and to allow and disallow of the same as they shall find them to be just and reasonable. And with power to the said commissioners and their quorum foresaid to nominate and appoint collectors, commissaries and all other public servants necessary for clearing, collecting and recovering of the public dues, debts and rests due and payable to the public, and to prescribe orders to them and to call all others either authorised already or to be appointed by them, and to prescribe, direct and give forth such orders, letters, execution and other dispatches for clearing of the whole promise and for recovery of the debts and burdens resting to the public as they shall think expedient. And with power to the said commissioners, or such as shall be authorised or warranted by them, or their quorum foresaid, to crave, receive, uplift and intromit with the sum of £220,000 sterling yet resting unpaid by the parliament of England of the foresaid brotherly assistance promised and obliged to be paid by the kingdom of England for relief and defrayment of the said common burdens of this kingdom, and to grant discharges upon the receipt thereof in whole, or in part, which shall be as sufficient as if the same were granted by his majesty and the whole body of the parliament of this kingdom. And with power to them to settle, accord and agree upon ways and means how the said brotherly assistance may be most timeously and commodiously paid and advanced for defrayment and relief of the said common burdens either by exchange, advancement or any other manner of way which may be most conducible for the relief and good of the public. And with power to the said commissioners or their quorum foresaid to take an exact count of the whole ammunition, artillery, arms and other equipment, either brought home, made or brought within this kingdom for the use and upon the common expense of the public, and for the kitting out of the armies and regiments of foot and horse, and to take course and prescribe orders for keeping and preserving thereof for the use and defence of the kingdom; and to appoint and constitute such persons of trust and best experience for keeping and preserving of the same as they shall think expedient, and to appoint and allow to them convenient fees and maintenance for the same. As also with power to them to take consideration and course regarding the said losses sustained by particular persons in their ships and goods taken at sea, either in England or Ireland, with power also to them to consider every man's losses that they sustained for the public and accordingly give them such satisfaction as they shall find just and reasonable that they have sustained in spuilzies, robbery and hardships by the enemies of the country and as monies and other commodities due to the public can be got in; with power to them to give orders for distributing thereof for defraying of the said common burdens. And where monies cannot be got in timeously for relief and payment foresaid, with power to the said commissioners or their quorum to borrow and lift monies wherever the same can be had for relief and payment of such urgent debts and creditors of the public as cannot suffer delay, which sums so to be lifted and employed for the use and effect foresaid, his majesty and estates of parliament declare hereby to be the public debts of the country and bind and oblige the estate and whole body of this kingdom to pay and defray the same and to relieve the said commissioners or any other persons who shall give bonds or securities for the same of the foresaid sums and bonds and of all peril and danger that may follow thereupon. And also with power to the said commissioners and their quorum foresaid to give orders for valuing of the presbyteries, parishes, lands and other rents and trade not already valued, according to the preceding statutes, acts and orders made relating thereto, to the effect that the tenth penny thereof may be known and payment may be exacted accordingly. Likewise his majesty and estates declare that such persons, presbyteries, burghs and others who are yet resting their said tenth penny are, and shall be, liable in payment of annualrents for the same from the term of Whitsunday [24 May] 1640 and in time coming, until the complete payment of the same. And in respect there was diverse and sundry commissions, letters and other execution and warrants directed and given forth by the late committees of estates residing at Edinburgh and by the principal commissioner and collector general and others having power and warrant for that effect to collectors, commissaries and other public servants for collection and recovering payment of the debts and rests payable to the public, which letters and warrants are not yet fully executed, neither yet is there complete payment recovered according thereto, therefore, our said sovereign lord and estates foresaid ordain the same commissions, letters and other warrants emitted and given forth relating thereto to stand in full force and the persons entrusted with managing and executing thereof to do their exact and best diligence relating thereto until their warrants be recalled and discharged by the said commissioners or their quorum foresaid. It is hereby declared that amongst the [rest of the common and]† public dues and debts due to the public that the whole rents of all bishops and other beneficed persons, whether deposed fugitives or opposites to the common cause, for the full crops and years of God 1639 and 1640 are, and shall be, due to the public, together with all rests of the said rents preceding the said two crops not truly paid nor discharged where there are not true creditors to the said preceding rests, which creditors shall have preference from the said rests of the crop 1638 and precedings only. And farther, if there be any part of the said rents uplifted by public order of the crop 1641, his majesty and estates foresaid hereby dispense therewith in favour of the public. And generally our sovereign lord and estates of parliament do hereby grant full power, warrant and commission to the said commissioners and their quorum foresaid to do, exact, prescribe, exercise, prosecute and follow forth all and every thing necessary and requisite as well for clearing, allowing, fitting and closing of the whole common burdens and debts due by the country and contracted and advanced for the public use foresaid, and for reducing them in order, and for relief, payment and defrayment of the same, and for clearing the accounts of all others who have had intromission or public charge either within or without the country, and for calling of them and all others due to the public in any sums, goods, victual or other commodities whatsoever to a full account, and to do, exact and prescribe all other courses, orders and waives necessary concerning the whole premises or concerning anything which may come in consideration relating thereto or which may fall under the counts of the same. And whatever debts and burdens shall be approved and allowed by the said commissioners or per quorum, his majesty and estates find and declare the same to be lawful debts and burdens to affect and burden the estates of this kingdom, and oblige the said estates and whole body thereof to pay, relieve and defray the same. Likewise whatsoever counts shall be approved and allowed or disallowed by them, the same shall be sufficient for the exoneration and clearing of the persons, counters and others contained therein; and whatever discharges be granted by them or any other collectors, commissaries and others to be substituted, authorised and warranted by them shall be sufficient exonerations and securities to the receivers of the same. It is hereby declared that such accounts as are already approved and allowed by the late committees of estate or either of them shall stand good and valid and shall not be quarrelled by the said commissioners without prejudice to them to call for and peruse the same accounts, for the better ordering and clearing of the common accounts and burdens of the kingdom. And with power likewise to the forenamed commissioners and their quorum foresaid to prescribe ways and rules to the particular shires, presbyteries and divisions for relief, stenting and payment amongst themselves of all public disbursements, advancements and engagements contracted, undertaken, furnished or disbursed by the said shires, presbyteries and divisions or by their committees of war or any particular persons amongst them for the common use and benefit of the said shires, divisions and presbyteries either for arms, the twentieth penny, forty days and officers' pay, or for any public use within the said shires or divisions to the effect that all the heritors and inhabitants within the same may be equally stented and burdened with the common burdens of their own shire and division where they dwell, and to cause put the said orders for the said common relief to due execution. And our sovereign lord and estates of parliament, finding it just and equitable that the said commissioners, their charges and expense in their attending and exercising the foresaid trust and commission put upon them, should be paid and defrayed by the public, therefore our said sovereign lord and estates foresaid do hereby modify and allow to the said commissioners and each one of them in their several degrees, according to the time and space of their attendance respectively, the like fees and allowance as were formerly allowed by the estates convened in January last to the members of the late committee of estates, according to an act made relating thereto of the date the day of the said month of January last, which fees and allowances shall be paid to them and every one of them according to the time and space of their exact attendance, to be cleared by the sederunt book of the diets of their meetings testified or subscribed by the clerk of the said committee or his deputes under their hands, testifying the time and space of each person, their attendance, which shall be a sufficient warrant to the commissaries or collectors of the public dues to pay the same allowance to the said commissioners, each one of them for their own parts and shall be allowed to the said commissaries, collectors or their deputes in their accounts. And it being necessary that there be an able and qualified and trusty clerk nominated and appointed for the foresaid committee and for keeping of all the papers, warrants, records and registers concerning the whole premises, and his majesty and estates foresaid, having the proof and experience of the trust and ability of Robert Hepburn, advocate, for discharging of the foresaid office and place as clerk to the said committee, therefore our said sovereign lord and estates foresaid do hereby nominate and constitute the said Robert Hepburn to be clerk to the said committee, and ordains the former fee and allowance appointed for the said Robert as clerk to the said late committee of estates residing at Edinburgh to continue and be paid to him during his service in the foresaid office, and with power to him to appoint substitutes and deputes for whom he shall be answerable for serving in the foresaid place, granting to him and them all privileges, liberties, fees and immunities belonging to the foresaid office; which clerk and his foresaids shall have the charge, trust, keeping and ordering of all the papers, warrants, records and others which concern the premises, and the acts, extracts, records and warrants to be subscribed by the said clerk and his substitutes shall bear as full faith as the acts or extracts of any other clerks within this kingdom. And in like manner, with power to the said commissioners or their quorum to appoint, allow and modify competent fees, allowance and recompenses to the general officers and all other persons who have been employed in the public service, and whose fees and recompenses are not already allowed and appointed, and also with power to them to allow and appoint such fees and recompenses to all others who shall necessarily be employed and entrusted by them as they shall find reasonable. And in case any of the above-named commissioners shall happen to depart this life during the endurance thereof, it shall be permissible to the rest of the said commissioners of that estate, or most part thereof, to elect, nominate and appoint others in the place of those who shall happen to decease, each estate choosing commissioners in place of those who shall happen to decease of their own estate. Likewise our said sovereign lord and estates of parliament do hereby require and command all and every person within this kingdom and all others whom the same may concern as they will answer at their highest peril, that they give exact and ready obedience to such orders, warrants, letters and directions as shall be given forth, ordered and directed by the said commissioners or their quorum foresaid regarding the whole premises, requiring also all sheriffs of shires, magistrates of burghs, stewarts of stewartries, bailies of regalities, provost and bailies of burghs and all other persons whatsoever upon their highest peril as they shall be required to assist and concur to the executing and obeying of such orders, warrants and other despatches as shall be directed and given forth by the said commissioners to the effect above-specified. With power likewise to the said commissioners and their quorum to call for the assistance, advice and information of any persons within this kingdom of whatsoever quality for clearing of whatsoever questions, doubts or scruples which may arise and occur in any particular concerning the premises as occasion shall offer, who are hereby required to assist the said commissioners by their presence, counsel, information and advice as they shall be desired for that effect. And it is ordained that horning, caption and poinding and all other manner of execution, personal and real, shall be directed upon all warrants, acts and orders of the said commissioners and their quorum for the better obeying and executing of the same, and for the more ready and timeous payment of the said public dues, which commissioners above-named are and shall be liable and accountable to his majesty and the parliament for their exact diligence and constant attendance, and for their carriage in the right discharging of this present commission entrusted to them and every part and particular thereof. Likewise they shall be obliged to report and represent to the next parliament a full account of their proceedings and deportments regarding the premises, together with the true estate and condition of the burdens and affairs of the public to the effect that his majesty and the parliament, after consideration of the premises and of their proceedings and carriage therein, may take such further course relating thereto as shall be found expedient. And it is also hereby declared that the nomination made by his majesty and the parliament of a clerk to this commission is and shall be without prejudice of the clerk register's right to depute clerks to all other commissions from the parliament, seeing [Sir Alexander Gibson of Durie], the present clerk register, consented to the parliament's choosing of a clerk to this commission in respect the present clerk register, being commissary-general to the late army, is a principal party to account to this commission for his charge and discharge, and so could not depute a clerk to this judicatory where he is to make his own accounts.
[1641/8/171]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that of the brotherly assistance promised and obliged to be paid by the parliament and kingdom of England to this kingdom of Scotland, for relief and defrayment of the common burdens and losses of the same, there is yet resting the sum of £220,000 sterling according to the articles of the late treaty and an act of public faith granted by the parliament of England for payment thereof at the terms therein contained, therefore our said sovereign lord and estates of parliament do hereby grant full power, warrant and commission and appoint, nominate and authorise the persons particularly after-mentioned, namely: John [Campbell], earl of Loudoun, chancellor of Scotland, Archibald [Campbell], marquis of Argyll, Alexander [Montgomery], earl of Eglinton, John [Kennedy], earl of Cassilis, William [Cunningham], earl of Glencairn, John [Maitland], earl of Lauderdale, William [Kerr], earl of Lothian, John [Lindsay], earl of Lindsay, David [Carnegie], earl of Southesk, James [Ogilvie], earl of Findlater, John [Sinclair], lord Sinclair, John [Elphinstone], lord Balmerino, Robert [Balfour], lord [Balfour of] Burleigh, George [Forrester], lord Forrester, Sir Charles Erskine of Bandeath, [Alva and Cambuskenneth], Sir David Home of Wedderburn, Sir Robert Innes of that Ilk, Sir George Dundas of that Ilk, Sir William Cunningham of Caprington, Sir John Wauchope of Niddrie, Sir Alexander Erskine of Dun, Sir Gilbert Ramsay of Balmain, Sir Duncan Campbell of Auchinbreck, Sir William Forbes of Craigievar, Sir Robert Grierson of Lag, Master George Douglas of Bonjedburgh, William Rigg of Aithernie, Alexander Gordon of Earlston, John Binney, burgess of Edinburgh, Thomas Durham, burgess of Perth, Patrick Leslie, burgess of Aberdeen, George Bell, burgess of Linlithgow, Patrick Bell, burgess of Glasgow, James Sword, burgess of St Andrews, John Kennedy, burgess of Ayr, John Semple [of Stainflett], burgess of Dumbarton, William Glendinning [of Gelstoun], burgess of Kirkcudbright, James Scott [of Logie], burgess of Montrose, Master Robert Barclay, burgess of Irvine, James Anderson, burgess of Cupar, George Gardyne, burgess of Burntisland and Master Alexander Douglas [of Downies], burgess of Banff, together with Alexander [Leslie], earl of Leven and Sir Adam Hepburn of Humbie, one of the senators of the college of justice, whom his majesty and estates of parliament add to the foresaid number as ordinary members, with the rest to be commissioners from his majesty and the parliament to the effect after-specified, granting and committing, likewise his majesty and estates foresaid do, by virtue of this commission, grant full power, warrant and commission to the forenamed persons, or to any 12 of them, who shall be a quorum, there being always three of them of each estate, either by themselves or by such other persons as shall be entrusted and authorised by them, or their quorum foresaid for that effect, to crave, receive, uplift and intromit with the foresaid sum of £220,000 sterling foresaid yet resting unpaid of the said brotherly assistance promised and obliged to be paid by the said parliament of England in manner foresaid; and with power to the said commissioners, or such as shall be appointed by them as said is, to give and grant discharges upon the receipt of the said sum in whole or in part, which shall be as valid and sufficient as if the same were granted by the king's majesty and whole body of this present parliament; and with power to them to settle, accord and agree upon the best ways and courses how the said brotherly assistance may be most timeously and conveniently paid at the terms of payment appointed for that effect, or otherwise how the same may be advanced, either by exchange or other ways for defrayment and relief of the said common burdens, as may be most conducible for the good and relief of the public; and whatsoever acquittances or discharges the forenamed persons or such other persons as shall be authorised by them shall grant and subscribe upon the receipt of the said sum or any part thereof, or whatsoever other course they shall accord or agree upon concerning the same, his majesty and estates of parliament do by this commission approve and authorise the same and, if need be, shall ratify the same in the next ensuing parliament. And generally our said sovereign lord aids, grants and commits full power and commission to the forenamed persons and their quorum foresaid, and to those who shall be authorised by them as said is, to do, exercise, accord and agree upon all and every thing necessary regarding the payment and recovery of the foresaid sums and everything else which may concern the same in all respects needful and expedient; concerning which our said sovereign lord and estates of parliament declare that this commission shall be a good and sufficient warrant for them and all others whom the same may concern, the forenamed commissioners and those to be authorised and appointed by them for the effect above-specified being always accountable and answerable for their carriage and proceedings in the premises.
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The which day, regarding the supplication given in to the parliament by John Drymmie, brother to the late Isobel, spouse to Robert Walker in Charleton within the parish of Montrose, making mention that upon the [...] day of May last the said John† Walker strangled and killed the said Isobel Drymmie, his spouse, and thereafter carried her to the cruives of Morphie in manner contained in the supplication, and therefore desiring the king and parliament to grant commission for apprehending of the said Robert Walker and David Graham and Margaret Graham, his sister, to be examined and tortured regarding the said murder, and being found guilty to put them to death, as the supplication more fully purports. Which supplication, being read in audience of the king's majesty and parliament and the desire thereof taken to consideration by them, his majesty and estates of parliament grant commission to the provost and bailies of Montrose for trying of the murder of the said late Isobel Drymmie, and for the apprehending of the said Robert Walker, her husband, and of the said David Graham and Margaret Graham, his sister, and for trying and examining of the said three persons regarding the foresaid murder. And thereafter ordain the provost and bailies of Montrose to report to the secret council the trial to be taken by them in the said matter, that the council may take such course relating thereto as appertains.
[1641/8/173]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, considering that forasmuch as the estates of parliament in June 1640, for the reasons and considerations moving them at that time, did nominate, elect, choose and appoint the late John [Leslie], earl of Rothes, John [Kennedy], earl of Cassilis, Charles [Seton], earl of Dunfermline, John [Fleming], earl of Wigtown, William [Kerr], earl of Lothian, John [Lindsay], lord Lindsay†, John [Elphinstone], lord Balmerino, Robert [Balfour], lord [Balfour of] Burleigh, James [Elphinstone], lord Coupar, John [Carnegie], lord Loure, Sir Alexander Gibson of Durie, Sir John Hope of Craighall, Sir John Scott of Scotstarvit, senators of the college of justice, Sir Patrick Hepburn of Waughton, Sir David Home of Wedderburn, Sir Patrick Murray of Elibank, Sir Patrick Hamilton of Little Preston, Sir William Cunningham of Caprington, Sir William Douglas of Cavers, Sir Thomas Nicolson of Carnock, James Chalmers of Gadgirth, Sir Thomas Hope of Kerse, [William] Drummond of Riccarton, John Forbes of Leslie, Master George Dundas of Manner, John Smith [of Grotehill], Edward Edgar, Thomas Paterson, Richard Maxwell, burgess of Edinburgh, Master Alexander Wedderburn, clerk of Dundee, Master Alexander Jaffray [of Kingswells], burgess of Aberdeen, or Master William More in his absence, William Hamilton, bailie of Linlithgow, James Sword, burgess of St Andrews, George Porterfield, bailie of Glasgow, Hugh Kennedy, bailie of Ayr, James Scott [of Logie], burgess of Montrose, and John Rutherford, provost of Jedburgh, and certain other persons to be commissioners from the said estates, to whom they gave and granted full power, warrant and commission to do, order, direct, act and put in execution everything necessary, expedient and incumbent as well for the preservation and maintenance of the armies, both horse and foot, by sea and land, as for the ordering of the country and whole body and inhabitants thereof, deciding of questions and debates which should happen to arise or fall out in any business which should occasion or offer within the kingdom concerning the peace and quiet thereof, without prejudice of the ordinary judicatories established within this kingdom by acts of parliament; and with power to them to borrow, uptake and levy monies for the use of the public and to give and prescribe orders for disbursing thereof, and generally did give them full power to do all and sundry other things requisite regarding the ordering, directing, managing, prosecuting and executing of all affairs and business of this kingdom which might or should conduce to the well of the same or any part thereof, and which might or could be needful to be done by them for maintenance and preservation of the true religion and liberties of this kingdom regarding the premises, as the said commission of 11 June 1640 in the same at more length bears. And also the said estates did nominate and constitute Master Adam Hepburn of Humbie to be clerk to the said commission, and gave him power to substitute deputes, one or more. And his majesty and the said estates now presently convened, having taken to consideration the pains taken by the said noblemen, barons, burgesses and others particularly above-rehearsed, as well those who remained at Edinburgh as those who went along with the army and resided at the camp or were sent as commissioners to Ripon and London, and of the said Master Adam Hepburn and Robert Hepburn, his colleague, who served as clerks in the said commission, they find that they have walked uprightly, faithfully, diligently and carefully in the discharge of the said commission, answerable to the trust imposed upon them, and therefore his majesty, with advice and consent of the said estates, has approved, and by this act approves, their proceedings and carriage therein and declares them and every one of them to have done good service to his majesty and this kingdom, and that they have behaved themselves as good Christians, loyal subjects and well deserving patriots.
[1641/8/174]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that the members of the late committees from the said estates of parliament, to whom the furnishing of the arms and all other necessary expense concerning the public was entrusted, according to the power and commission given to them, as likewise others who were not of the committee and also the commissary-general or his deputes, having borrowed and undertaken great sums of money for the necessary use and benefit of the public, for the which sums and debts contracted by the said committees they have given securities to the parties partly by public acts in name of the estates, and where many person were difficult and scrupulous to advance and lend monies and other necessaries upon the public security, those of the said committees and others foresaid have given their own particular bonds and have moved diverse other persons to give bond and security to the said lenders of the said sums bearing borrowed money without any relation to the public. Likewise diverse noblemen, barons and burghs and others, before the establishing of the said committees of estates, did willingly, for advancement of the public service, give their particular bonds for great sums of money for the public use, and which were given in to the commissaries and collectors and accounted for by them in their accounts, whereby the forenamed persons who have granted such bonds may be distressed for payment of the said sums at the instance of the persons to whom they are bound, so as for their furtherance and affection to the advancement of the public service their estates and credits may both be endangered unless remedy be provided. And his majesty and estates foresaid, being careful that neither the members of the said committees nor any other persons may suffer prejudice in their estates or credit by or through any bonds granted by them to any persons for lent money, silver plate or any other necessary commodity furnished and advanced for the public use, but that they and every one of them, their heirs and executors be freed and relieved by the said estates of the same, and of all damage, peril and danger which they may incur or sustain through this, it being made apparent that the sums of money or other commodities for the which they have given bond as said is are counted for or applied for the use of the public and approved by public act, order and warrant, therefore our said sovereign lord and estates of parliament, by virtue of this present act, do hereby bind and oblige the estates of this kingdom to warrant and relieve the said members of the said committee of estate and all other persons whatsoever who have given bond and security for any sums of money or other commodities for the public and whereof account and reckoning is or shall be made and approved, whereby it may appear that the same are employed for the use of the public by public warrant as said is. And for their better relief of the same, the said estates of parliament bind and oblige them and the whole body of this kingdom to make payment to the persons' creditors to whom the said bonds and securities are given of the same sums or other commodities or prices thereof, and that at the terms of payment appointed by the said bonds with the interest thereof, according thereto in all points, and to purchase and deliver to each person so bound as said is their said bonds given by them or sufficient discharges of the same with all convenient diligence, and in the meantime, to keep them harmless and unscathed of the same bonds and of all execution, peril and danger which may follow thereupon, so being that the sums and goods contained in the said bonds have been applied to the public use by public order and warrant as said is, and are or shall be counted for and approved in the accounts of the common burdens of this kingdom, which bonds so contracted and undertaken are hereby declared to be public debts upon the estates and shall affect and burden them, notwithstanding that the same be given by particular persons without relation to the public in manner foresaid.
[1641/8/175]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that there was a commission granted by the committee from the estates of parliament, with consent of the general, of the date at Edinburgh, 12 June 1640, making mention that forasmuch as it being then most necessary for the well of the religion and peace of the country that all the domestic enemies thereof with all expedition should be suppressed and taken order with that they should not trouble the peace of the country or harm the friends thereof, but that they might be brought to that duty which became Christians and countrymen, if it were possible, or otherwise to go against them to their utter rooting out in all hostile manner. And because then [John Murray], earl of Atholl, [James Ogilvie], lord Ogilvie and their accomplices and assistants, as well in Atholl as in the braes of Angus, the Farquharsons in Braemar and their accomplices, and others, the then enemies and opposites in Badenoch, Lochaber and Rannoch, had then not only proven enemies to religion but also had proven unnatural to their country in disjoining from those who stood for the maintenance of religion and the liberties of this kingdom, and had drawn themselves together in arms, had fortified their houses and awaited opportunity to fall on by themselves or to join with others, as well native as foreigners and strangers, to the overthrow of this kirk and kingdom, at the least in so far as then in them lies. For remedy whereof, the said committee from the estates of parliament, with consent of the general, by their said commission gave full power, warrant and commission to Archibald, earl of Argyll, lord Campbell and Lorne, to rise in arms against the said earl of Atholl and his accomplices and assistants in Atholl or elsewhere, and against the said Lord Ogilvie and his accomplices and assistants in the braes of Angus, and against the Farquharsons foresaid and others, the opposites in Braemar, Badenoch, Lochaber and Rannoch and to pursue them and every one of them in all hostile manner with fire and sword until he should either bring them to their bound duty and give assurance of the same he pledges, or otherwise or else to the utter subduing and rooting them out of the country; and for that effect to levy and draw together in one or more bodies as he should think fit such numbers of men within the sheriffdom of Argyll in arms as he should find sufficient for the said employment, and also with power to the said Earl of Argyll, or those having power and warrant from him, with consent of the commissary-general, to intromit with the rents and goods of the said persons opposite to the common cause, to be applied for the maintenance of the said earl's forces who were with him in the said expedition, and with command to the sub-commissioners and others entrusted in the common affairs to cause furnish them in manner specified in the said commission, as the said commission of the date foresaid at more length bears. By virtue of the which commission, and for the faithful discharge thereof, the said Archibald, earl of Argyll, after his acceptation of the same, did rise in arms and levy and draw out together the number of 4,000 men in arms, whose rendezvous were at Inveraray and Clachandysart in Glenorchy, 18 June 1640, and went therefrom to the fields through the bounds and parts of Atholl, braes of Angus, Braemar, Badenoch, Lochaber and Rannoch, and was abroad in the fields with the said army in arms in executing of the said commission from the said day of rendezvous above-written continually to 2 August next, thereafter that he returned home by the space of 44 days continually, during all that space doing his exact diligence to bring the foresaid persons and others within the bounds foresaid to their bound duty and conformity and to suppress them that they troubled not the peace of the country, and did diverse acts and facts for that effect, whereby the said earl of Atholl and the men of Atholl and diverse other great clans and other persons were brought to conformity and made to find caution and give bonds and pledges to keep peace and good order, and to compear and answer before the committee, and others who were disobedient and that would not so do were forced† gave out several warrants and commissions for taking order with some persons that fled away and came not in to give their obedience, and before he left the fields he left sundry garrisons both on the fields and in houses belonging to some of the said enemies for keeping of the peace of the country, who remained therein for the space of several weeks and months thereafter. Likewise there were diverse other deeds done by the said earl and his army during the said space for settling the disorders in these parts and bringing of the people thereof to conformity, in manner at length specially and particularly mentioned and set down in a particular report made by the said Archibald, earl of Argyll of his execution of the said commission, first given in by the said earl to the foresaid committee from the estates and to the general at the castle of Duns, 15 August 1640, and thereafter given in by him to the committee of estates at Edinburgh upon 25 August 1640, and duly ratified and approved by them the same day, as the said report or account made by the said earl, ratification and allowance thereof granted by the said committee of estates of the date foresaid at more length bears. Likewise the said Archibald, earl of Argyll has given a particular account of all the victual or goods either furnished to the army by the under-commissaries and others whatsoever or taken by the army for their maintenance or dealt or intromitted with by the said earl or by any of his lordship's commanders, or by the army, by his lordship's or their direction, of the goods and gear pertaining to those who were refractory and disobedient, as the particular account duly fitted by the auditors of the common burdens of this kingdom upon 3 April last, and ratified and approved by the said committee of estates resident at Edinburgh by their act of 8 April likewise at more length bear. Therefore our said sovereign lord and estates of parliament have ratified and approved and, by this act, ratifies and approves the said commission granted by the said committee from the estates of parliament, with consent of the general, to the said Archibald, earl of Argyll in manner, form and to the effect above-mentioned of the date foresaid, in the whole heads and articles of the same, and declare the same to be of as great force, strength and validity as if the same had been granted by the whole estates in open parliament. As also ratify and approve the said account and accounts, report and reports made by the said earl and given in by the said committee of estates of the dates above-written, and ratified and approved by them in manner foresaid, in the whole heads and points thereof respectively, as well concerning his lordship's diligence in executing the foresaid commission as regarding the victual and goods above-mentioned furnished, taken and intromitted with as said is; and will and ordain that this present general ratification of the premises is, and shall be, as effectual and sufficient to the said Earl of Argyll and his foresaids as if the said commission, accounts and reports foresaid and former ratification of the same hereby generally ratified as said is, and whole tenors and contents thereof, had been all at length contained herein and hereby specially ratified, notwithstanding that the same be not so specially done, with the which which our said sovereign lord and estates of parliament have dispensed and by this act dispense for ever; and find and declare that the said Archibald, earl of Argyll has faithfully executed the said commission granted and entrusted to him by the said committee of estates, and has done and performed all things in the executing thereof which was conducible and fit for the reducing of the disobedients to conformity and obedience, and for establishing of the peace, quiet and security of that part of this kingdom which was within the compass of the said commission, and that the said earl has done good, faithful and acceptable service to the whole estates of this kingdom in the premises. And further declares the said earl, his heirs and successors and all and sundry the commanders of the said army and the whole body and every member of the army and person thereof, their heirs and successors, to be free, liberated and exonerated of all and whatsoever action, claim, question and pursuit, criminal or civil, which may be intended, moved or pursued against the said earl, his commanders and army or any member, person or persons thereof and their foresaids, by whatsoever person or persons of whatsoever degree or quality for whatsoever goods, gear, corns, cattle, horses and other goods and gear whatsoever dealt with by them or any of them from the said 18 June 1640 to the said 2 August next thereafter, or for apprehending of whatsoever persons, putting or detaining them in ward, prison or captivity for whatsoever space or spaces, or for directing out of the warrants and commissions against any of the said enemies and opponents who fled or refused to come in and give their obedience, or for taking of whatsoever castles and houses and levying of garrisons therein or in the fields, or for taking of bonds or pledges of the persons contained in the said commission, or for demolishing or dismantling of whatsoever tower, fortalice or other houses whatsoever, or demolishing of the same to the ground or burning of the same or putting of fire therein, or otherwise sacking or destroying of the same howsoever, or for putting of whatsoever person or persons to torture or question or putting of any person or persons to death at any time between the said 18 June and the said 2 August next thereafter. And declare this act to be a sufficient warrant to all and whatsoever judges, civil or criminal, for exonerating and absolving the said Earl of Argyll and all and whatsoever his colonels, captains, commanders and whole body of the army and whole persons of the same, and to their servants, men, boys and followers in the said army during the space foresaid from all and whatsoever such pursuit, criminal or civil, and to be received and admitted by way of exception, reply or duply without any further process, and declare and determine this act to have the force of an act and statute of parliament from the date of the said commission to the date hereof and in all time coming.
[1641/8/176]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament by the officers of fortune who served within the country, craving that they may have full pay as the other reformeirs† of the army abroad did receive, and that some course may be taken for their payment, being read in audience of the king's majesty and estates of parliament, his majesty and estates foresaid ordain the said officers of fortune who served within the country to have full pay without any deduction, and as much as the like officers of the army received in England, notwithstanding of the act of the committee, and for their payment, his majesty and estates remit them to the committee appointed for the common burdens. Likewise his majesty and estates of parliament grant the like favour to [James Johnstone], lord Johnstone, his officers, upon a supplication presented to the parliament by the Lord Johnstone for that effect.
[1641/8/177]*[print] [email] [cite] [preceding] [following]
The which day, regarding the two supplications given in to the parliament by David Lindsay of Edzell, for himself and his tenants of his lands and baronies of Glenesk, Edzell and Newdosk, making mention of the hardships and oppressions done against him and his said tenants by great numbers of broken Highlanders carrying away of great quantities of horses, cattle, sheep and other plenishing from him and his said tenants in a barbarous and violent way, and wounding of sundry of the tenants, occasioned by his subscribing of the covenant, as the supplication at more length bears. Which supplication being this day moved in audience of the king's majesty and estates of parliament, and they now not having time to answer the same, his majesty and estates of parliament remit the consideration of the foresaid losses mentioned in the said supplications to the committee appointed for settling the common burdens of the kingdom, seeing that the said losses perchance will fall under the compass of the act of oblivion or the parties will be found not able to pay.
[1641/8/178]*[print] [email] [cite] [preceding] [following]
The which day, regarding the supplication given in to the parliament by Colonel James Wardlaw, rutmaster, John Brown of Fordell, Lieutenant Colonel Henry Sinclair, Lieutenant John Adinston, ensign, David Guthrie and Robert Finlayson, desiring reparation of their losses sustained by them through their being taken prisoners by the English ships and imprisoned in England at the time of their being on their journey coming home to Scotland to have served there in their late troubles, as the supplication at more length bears. Which supplication being this day moved in parliament in audience of the king's majesty and estates of parliament, his majesty and estates foresaid have remitted and remit the consideration of the foresaid supplication and desire thereof, and what course shall be taken for refunding of the supplicants, their losses, to the committee and commission appointed by the king's majesty and estates of parliament for the common burdens of this kingdom.
[1641/8/179]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering the humble supplication of the general assembly presented by the commissioners thereof for plantation of kirks, uniting or disuniting of parishes and for other pious and good works mentioned therein, for the which and other causes after-specified it is necessary that power and commission be given from his majesty and estates to the effect underwritten, and therefore his majesty and estates foresaid have granted and by this act grant full power and commission to the persons after-following, namely: John [Campbell], lord Loudoun, chancellor, Archibald [Campbell], earl of Argyll, Alexander [Montgomery], earl of Eglinton, John [Kennedy], earl of Cassilis, William [Cunningham], earl of Glencairn, John [Maitland], earl of Lauderdale, William [Kerr], earl of Lothian, David [Carnegie], earl of Southesk, James [Ogilvie], earl of Findlater, John [Lindsay], lord Lindsay†, John [Sinclair], lord Sinclair, John [Elphinstone], lord Balmerino, Robert [Balfour], lord [Balfour of] Burleigh, George [Forrester], lord Forrester, Sir George Dundas of that Ilk, Sir John Wauchope of Niddrie, Sir David Home of Wedderburn, Sir William Forbes of Craigievar, Sir Gilbert Ramsay of Balmain, Sir William Cunningham of Caprington, William Rigg of Aithernie, Sir Duncan Campbell of Auchinbreck, Sir Alexander Erskine of Dun, Sir Charles Erskine of Bandeath, [Alva and Cambuskenneth], Sir Robert Innes of that Ilk, Alexander Gordon of Earlston, Sir Robert Grierson of Lag, Master George Douglas of Bonjedburgh, John Binney for Edinburgh, Thomas Durham for Perth, Patrick Leslie for Aberdeen, George Bell for Linlithgow, James Sword for St Andrews, Patrick Bell for Glasgow, John Kennedy for Ayr, John Semple [of Stainflett] for Dumbarton, William Glendinning [of Gelstoun] for Kirkcudbright, James Scott [of Logie] for Montrose, Master Robert Barclay for Irvine, James Anderson for Cupar, George Gardyne for Burntisland, Master Alexander Douglas [of Downies] for Banff, Robert [Ker], earl of Roxburghe, lord privy seal, Sir Alexander Gibson, younger, of Durie, clerk register, Sir Thomas Hope of Craighall, advocate, Sir James Carmichael, treasurer depute, Sir John Hamilton [of Orbiston], justice clerk, and Sir Andrew Fletcher of Innerpeffer, Sir Thomas Hope of Kerse, Sir Adam Hepburn of Humbie, three of the senators of the college of justice, to meet and convene at Holyroodhouse or Edinburgh or such other places as shall be appointed by them at such times and diets as they shall appoint, and to value and cause value whatsoever teinds great or small, parsonage or vicarage, of whatsoever lands and others within this kingdom liable to the payment of teinds of whatsoever nature and quality the same be of which are yet unvalued, providing the ministers serving the cure who do lead tithes be secured of good and thankful payment of so much victual or money answerable to the worth of the said tithes as the tithes shall be valued to, and also to receive the reports from the sub-commissioners appointed within each presbytery of the valuations of whatsoever teinds of lands and others liable to teinds as said is, led and deduced before them according to the tenor of the sub-commissioners directed to that effect, and to allow or disallow the same accordingly as the same shall be found agreeable or disagreeable from the tenor of their sub-commissioners. And, for the better completing and advancing of the said valuations, with power to appoint committees or subcommittees of their own number to receive the reports of the said valuations made or to be made, and to receive, admit and examine witnesses, and to take the oaths of parties with their depositions where the same is referred to oath and to give such farther power to the said committees or subcommittees of their own number as they shall think fit for the good of the work and speedy finishing of the same. And also with power to them, if need be, to appoint sub-commissioners who are not of their own number within any parish or presbytery of the kingdom for leading and deducing of the said valuations and to receive the reports thereof, allow or disallow of the same, and generally with power to them to set down whatsoever other order or course which shall be thought fit and expedient for dispatch of the said valuations, rectifying thereof and for final closing of the same. And also with power to the said commissioners (or any fifteen of them, there being four thereof for every estate) after closing and allowance of the valuations of each kirk and parish, or at least the exact diligence of the ministers done to that effect, to appoint, modify and set down a constant and local stipend and maintenance to each minister (his present stipend being allowed in the first end thereof) to be paid out of the teinds thereof, and to grant augmentations to each minister of other kirks than bishops' kirks who got not the benefit of the former commission and have not the full quantity of eight chalders of victual or 800 merks according to the tenors of the acts of parliament in the year 1633, wherein that is found to be the lowest proportion for the maintenance of the ministers unless such particular kirks occur wherein there shall be just, reasonable and expedient causes to go beneath the said quantity, which is hereby also referred to the conscionable consideration of the commissioners before expressed; and to grant augmentations to ministers of kirks which were provided by the former commission but to a less quantity than eight chalders of victual or 800 merks in the cases after-following only, namely: where the teinds in whole or in part are feued with the lands, with the teinds included, whereby the ministers were debarred of the full quantity foresaid, or where the valuations already led the time of the provision of these kirks shall happen to be reduced as unjustly valued, or where it can be provided by writing or oath of party that the less quantity foresaid proceeded from agreements between the titular and the ministers or titular and parishioners in prejudice of the minister's successors, or where the honest incumbents for the time were impeded by the prelates for their never practicing conformity to obtain the full quantity in the former commission, albeit there was sufficiency of teinds within the parish, in the which cases or any of them, it is hereby declared that the ministers provided by the former commission shall be supplied to the full quantity foresaid. Hereby it is declared that all bishops' kirks, whether or not provided at all or provided by the former commission but beneath the quantity foresaid, shall be supplied to the full quantity of eight chalders of victual or 800 merks out of the tithes of their own parish; and where the same cannot be had, then out of the teinds of the other kirks of that bishopric; and that all kirks that had greater quantity of stipend before the restitution of bishops than they now have (unless they have been diminished by just valuations) shall be supplied and brought to the same quantity whereof they were in possession before the said restitution, to be paid out of there own parish; and where it is lacking to be paid out of the tithes of the bishops' kirks. For the which effect, the king's majesty and estates of parliament grant power to the commissioners foresaid, or any quorum of them, and also give power to the said commissioners to disjoin too large and spacious kirks and plant them separately, and to cause build and erect new kirks and appoint competent provisions for the ministers; to change kirks incommodiously situated to a more commodious part of the parish; to disjoin and dismember such parts and portions of the parishes lying contiguous, and whereof one part is far distant from the proper parish kirk and more near and adjacent to the next adjacent and contiguous parish kirk from their own proper parish kirk from the which the parts and portions are further distant and to unite and adjoin them to the other parish kirk to the which they are most adjacent; and also to unite kirks and parishes lying so near other and being so little bounds and small number of parishioners that the union of them shall be found more useful and conducible for the good and case of the parishioners of both the kirks and their edification, providing that the dividing of large parishes, the dismembering of one part of the said parishes in cases foresaid and the uniting of kirks and parishes of the quality above-specified be done upon the special recommendation of the presbytery, synod or general assembly given in in writing and after the commissioners have cited and heard the parishioners of both kirks relating thereto and no otherwise; and to set down a solid order and take course for furnishing the elements to the commission twice in the year or more often where they are not provided at all or not sufficiently provided, and also to take order for paying of the charges of the commissioners to the general assemblies without burdening the ministers' stipends therewith; and also with power to them to advise, take course and determine in all things referred to them by any particular act or reference from the general assembly to this parliament or from the parliament to them. And because the king's majesty, considering that the names and titles of bishops and bishoprics by the acts and statutes of kirk and kingdom are abolished and suppressed, and that thereby the tithes, parsonage and vicarage, and teind duties of whatsoever kirks or titles pertaining to the said bishoprics are become in his majesty's hands and at his majesty's disposing, and his majesty being graciously pleased out of his pious and royal affection to the maintenance of true religion and purity thereof presently established within this his majesty's ancient and native kingdom to take such a course with the teinds and teind duties pertaining to the said bishoprics and of all teinds and kirks annexed thereto that the same may be applied to the use and benefit of the ministers serving the cure of the said kirks and to the maintenance and supply of universities, colleges and schools; likewise his majesty, before his coming to this his ancient kingdom in his own royal person, sent and directed his letters to the general assembly of the kirk convened at Edinburgh in July last, whereby his majesty declared his constant purpose and resolution to employ the said teinds of the said bishoprics to the uses above-specified, and therefore his majesty, according to his royal promise and for performance thereof, has declared and by this act declares, by advice and consent of the estates, that the teinds and teind duties of all and whatsoever kirks, parsonage and vicarage thereof, and teinds of whatsoever nature pertaining to the said bishoprics shall be applied to the maintenance of the ministry and of the universities and colleges and other pious uses and to [no]† other use, and that accordingly as the same shall be particularly distributed by the commissioners foresaid, to whom his majesty and estates grants power for this effect. And declares all gifts granted or to be granted by his majesty to whatsoever person or persons of the foresaid teinds or teind duties or any part thereof, except to the uses foresaid, to be null in the self, excepting always all gifts already granted by his majesty to whatsoever person or persons of their own teinds and to the maintenance of universities and colleges, they and every one of them being always liable to the plantation of kirks to the full quantity contained in the acts made relating thereto. Likewise it is declared hereby that all teinds and teind duties which belonged to chapters, deans, subdeans and other dignities of the chapters shall be liable to the like provisions of the kirks which were annexed thereto, according to the proportion of eight chalders of victual or 800 merks out of the teinds of their own parishes only, according to the act of parliament. And also with power to the said commissioners as said is to take order that every heritor and life-renter of land having right thereto by infeftment of liferent, right of terce or by bond for infeftment of liferent shall have the leading of their own teinds, parsonage and vicarage thereof, they paying the price contained in the act above-specified, in case they be willing to buy the same from the titular having power to sell, or otherwise paying the rate of teind expressed in the acts made relating thereto. And to that effect, with power to the said commissioners to set down the price of sellable teinds, according to the worth thereof in each part of the country where the same grow and are bred, and also with power to them to set down such good and ample securities as may stand by law both for the buyers of the teinds, to the effect the titulars may be fully deprived in their favour, and also for security to the titulars and sellers of the price due to be paid to them for the said teinds, and also to set down the security in favour of the titulars and of the ministers so far as concerns the maintenance assigned to them for good, thankful and timeous payment of the rate of teinds where the same are not or cannot be sold. And also with power to the said commissioners to discuss and determine all questions which may arise between the titulars and heritors regarding the price of teinds, according to the nature and quality of the rights to be sold, whether the same be heritable or temporal, and to proportionate the price accordingly, and also to divide the price of teind between the heritors and life-renters thereof, and between titulars and tacksmen and others who have separate and distinct rights to the said teinds sellable according to the quality of the rights. And also with power to them to cause the titulars who sell their said teinds to exhibit their rights and titles to the effect they may be lawfully deprived thereof in favour of the said heritors and life-renters respectively, without prejudice always to his majesty's annuity to be paid out of the said teinds by the said titulars of teinds or heritors or life-renters of lands according to the tenor of the act of annuity. And generally with power to their said commissioners to decide and determine in all other points which may concern the leading and drawing of teinds, the selling and buying of the same or payment of the rates thereof contained in the acts of parliament made relating thereto. And whereas it may fall out that some of the commissioners now appointed by his majesty and estates may be unable to attend the service by sickness or some other notorious and known impediments, therefore his majesty and estates declare such other persons shall fill their places as his majesty shall think fit by advice of the other commissioners who must receive and admit them upon the said commission and take their oaths for faithful discharge of the same. And his majesty and estates ordain this present commission to endure to the [...] until the same be expressly by his majesty's warrant discharged with consent of the estates for that effect. And his majesty, with consent of the estates foresaid, finds, declares and ordains the acts, decreets and ordinances of the commissioners foresaid and of the other persons who shall be surrogate in their places by his majesty, in manner foresaid, in the whole particulars above-specified, and every one of them to have the force, strength and effect of a decreet, sentence and act of parliament, and ordains the lords of session to grant and direct letters of horning, poinding and others thereupon upon a simple charge of 10 days or otherwise as shall be found necessary. Moreover, for clearing of all doubts and difficulties which may arise regarding the rectifying of valuations or other particular heads following, his majesty and estates have declared and declare that where valuations are lawfully led against all parties having interest and allowed by the former commissioners, according to the order reserved by them, that the same shall not be drawn in question nor rectified upon pretence of severe harm at the instance of the minister not being titular or at the instance of his majesty's advocate for and in respect of his majesty's annuity, unless it be proved that collusion was used between the titular and heritor or between the procurator fiscal and heritors and titular, which collusion is declared to be where the valuations are led with diminution of the third of the just rent presently paid and which diminution shall be proved by the oaths of parties. It is always declared that the provisions of the former commission, so far as they are conceived in favour of the colleges, hospitals and ministers, are herein renewed, as also that ministers serving the cure who lead their teinds and that colleges, schools and hospitals be not constrained to sell, set nor convey their teinds in prejudice of their successors notwithstanding of the valuations thereof. Likewise the king's majesty and estates grant power to the said commissioners to do everything necessary for settling and establishing the right of any teinds of the prelacies appointed by them in favour of the said kirks, schools, universities and colleges according to their several divisions and also to set down rules and ways how the same shall not thereafter be dilapidated or made worse by the titulars for the time. And his majesty and estates declare that all his majesty's subjects who are willing to buy their teinds shall be obliged to pay the price thereof contained in the act made relating thereto within the space of two years after the same be valued and approved before the said commissioners, and that after the expiring of the said time, the titular shall not be compelled to sell the same unless they do it of their own good will, with this declaration always: that in case the impediment flow from the titular by reason of his minority or other inability during the space foresaid, in that case the heritor who offers himself ready to buy his own teind within the space foresaid shall have place so soon as the impediment is removed to buy his teinds, notwithstanding of the expiring of the years and space above-expressed. And it is declared if the heritors be minors and their tutors neglect the buying of his teinds within the space foresaid, the minor shall have action for two years after his minority to compel the titular for selling of the said teinds. Likewise his majesty and estates of parliament grant power to the said commissioners to give recompense to parties for the augmentation of stipends to be imposed by this present commission as was done in the same way by some former commissions, as 1617. Likewise it is hereby declared that where by mistaking and wrong accounting there was a greater quantity assigned to the minister out of many men's teinds than is due by proportion according to the valuation, that the commissioners may rectify the same without diminishing the minister's stipend or wronging his possession until it be given out of other teinds of the parish. Likewise it is declared that where the assignations are made wrong in the quality, that the same might be reduced to the just number of bolls of meal, barley and wheat answerable to the valuation. With power also to the said commissioners to assign the feu duties of the parts of land called parsons' and vicars' glebes to the ministers and others serving the cure.