The 66th day of this session of parliament
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Prayer said and rolls called.
The king being present.
The which day the supplication given in to the parliament by Master John Guthrie, late pretended bishop of Moray, desiring to be put to liberty out of the tolbooth of Edinburgh where he remains incarcerated, being read in audience of his majesty and estates of parliament, his majesty and estates foresaid ordain the said Master John Guthrie, supplicant, to be put to liberty out of the said tolbooth of Edinburgh where he presently remains, and for this effect give warrant to the provost and bailies of Edinburgh for putting of the supplicant to liberty out of their said wardhouse, with provision he do not return to the diocese of Moray.
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Our sovereign lord, considering that by the late articles of the treaty concluded between the commissioners of his majesty's kingdom of Scotland and England, ratified by parliaments of both kingdoms, it is thought fit and necessary, for observing the said articles of treaty made for establishing a firm and constant peace, that power and commission be granted from his majesty, by advice of the estates of parliament of both kingdoms, to the effect contained in the said articles of treaty. For performance whereof, upon the part of his majesty's said kingdom of Scotland, his majesty, with consent of the estates of the said kingdom, by this act, gives and grants power and commission to the persons after-specified, namely: John [Campbell], lord Loudoun, chancellor, James [Stewart], duke of Lennox, James [Hamilton], marquis of Hamilton, Archibald [Campbell], earl of Argyll, William [Douglas], earl of Morton, Alexander [Montgomery], earl of Eglinton, William [Cunningham], earl of Glencairn, Charles [Seton], earl of Dunfermline, Robert [Ker], earl of Roxburghe, William [Kerr], earl of Lothian, John [Maitland], earl of Lauderdale, George [Hay], earl of Kinnoull, William [Hamilton], earl of Lanark, Alexander [Leslie], earl of Leven, John [Lindsay], lord Lindsay†, John [Elphinstone], lord Balmerino, James [Livingstone], lord Almond, Sir Patrick Hepburn of Waughton, Sir George Dundas of that Ilk, Sir Thomas Myreton of Cambo, Sir Patrick Hamilton [of Little Preston], Sir Thomas Hope of Kerse, Sir Robert Innes of that Ilk, Sir Archibald Johnston [of Wariston], Sir Alexander Erskine of Dun, Sir David Home of Wedderburn, Sir Robert Grierson of Lag, Sir William Scott of Harden, Sir John Charteris of Amisfield. [Sir Thomas] Ruthven of Freeland, [Hugh] Campbell of Cessnock, Sir David Graham of Morphie, Sir Harry Montgomery of Giffen, Sir William Forbes of Craigievar, Sir William Douglas of Cavers, Edward Edgar, Patrick Bell, William Glendinning [of Gelstoun], John Smith [of Grotehill], Master Robert Barclay, Thomas Durham, James Fletcher, Patrick Leslie, Thomas Bruce, George Bell, James Sword, John Rutherford, Master John Corser, Hugh Kennedy, John Semple [of Stainflett], Master Robert Cunningham, Master Alexander Douglas, Richard Maxwell, or any twelve of them, with power to them or any twelve of them as said is, there being at least two of every estate at any time or times in the interim between the sitting of the parliaments, to convene amongst themselves or with the commissioners chosen or to be chosen to the same effect by his majesty, with consent of the parliament of England, within which is included the kingdom of Ireland, at whatsoever times and places convenient to be accorded to amongst themselves, and to be careful that the peace now happily concluded may be continued and to endeavour by all lawful means for preserving and keeping the said articles of peace concluded in the foresaid treaty only, and therewith to use all their care to prevent all trouble and division which may arise by the breaking and violating of any of the said articles concluded in the said treaty as said is. And if any debate or difference shall happen to arise to the disturbance of the said common peace, that they labour to remove or compose the same according to their power granted to them in manner foresaid and no otherwise, it being always provided that for all their proceedings in this kind they shall be answerable for the lawfulness thereof to the king's majesty and the parliament respectively. And if anything fall out beyond their power and which cannot be remedied by them, that they inform themselves of the particulars thereof and represent the same to his majesty and to the ensuing parliaments respectively that by his majesty's and their wisdom and authority, all occasions and causes of troubles being removed, the peace of the kingdom may be perpetual to all posterity. And it is declared that the power of this commission shall be restricted to the articles of peace concluded in the said treaty as said is, and shall endure for the interim between parliaments only, and shall expire at the next ensuing parliament, at the which the said commissioners shall be held to give an account of their diligence and proceeding in the premises.
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Our sovereign lord, with consent of the estates of parliament, considering that there are sundry heads of the articles of the treaty of peace between his majesty and his subjects and between his majesty's kingdoms of Scotland and England which are referred to be taken in consideration by the commissioners to be appointed by his majesty, with consent of both parliaments, who shall have power to advise and treat thereupon and to report their proceedings therein to his majesty and to the parliament of both kingdoms respectively, and specially the articles after-specified; and his majesty, with consent foresaid, being willing that a commission be completed on their part for advising and treating upon the said articles with the commissioners chosen or to be chosen by his majesty, with consent of the parliament of England, within which is included the kingdom of Ireland, therefore, his majesty, with consent and advice of the estates, gives and grants full power and commission to the persons after-specified: William [Kerr], earl of Lothian, John [Lindsay], earl of Lindsay, John [Elphinstone], lord Balmerino, Sir Thomas Myreton of Cambo, Sir Thomas Hope of Kerse, Sir Archibald Johnston of Wariston, Sir John Smith of Grotehill, burgess of Edinburgh, Patrick Bell, merchant burgess of Glasgow, and Master Robert Barclay, burgess of Irvine, as also to John [Campbell], earl of Loudoun, chancellor of Scotland, and Archibald [Campbell], marquis of Argyll, earl of Kintyre, lord Lorne, or any of them two who be at court, to be of the commission with the other commissioners above-named. With power to the said whole commissioners above-named (or any five of them, there being one at least of every estate) to convene with the commissioners chosen or to be chosen by his majesty, with consent of the parliament of England (within which is included the parliament of Ireland as said is) at whatsoever times and places convenient to be accorded on amongst them, and there to consult, advise, treat and agree upon the special heads and articles following, namely: regarding the demand concerning the making war with foreigners and regarding leagues and confederations to be made with foreign princes and estates; and concerning mutual supply in case of foreign invasion; and also concerning mutual trade and commerce between the kingdoms of Scotland, England and Ireland, and regarding the pressing of ships or men by sea or land; and also regarding naturalisation and mutual capacity of the subjects of both kingdoms who either of them respectively of all dignities, liberties, privileges and other benefits, ecclesiastical or civil, and others of that nature; and concerning the lawfulness and solemnity of the extracts of bonds or decreets in either of the said kingdoms; and also concerning the manner of safe conduct for transporting from England to Scotland by sea or land in such a way as may be most secure and least chargeable to the estate of Scotland of the money given and promised by way of brotherly supply and assistance to the estate and kingdom of Scotland by the parliament of England; and concerning what assistance Scotland shall give to England for the suppressing of the rebellion in Ireland or to [Charles Louis], Prince Elector according to the instructions given or to be given to them for that effect by the lords of secret council, to whom his majesty and estates of parliament remit the same; and what the said commissioners there treating with the said commissioners of England and Ireland resolve and conclude upon, that they may make timeous and due report thereof to his majesty and the estates of this kingdom.
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Our sovereign lord, with advice and consent of the estates of parliament, considering that his majesty being now actually present in his royal person in this his native and ancient kingdom, and willing before his return to England (where his majesty's more ordinary residence has been heretofore and will apparently be in time coming) to leave behind him such a pledge and testimony of his tender respect, royal care and fatherly affection for establishing the good and happy government of this his majesty's ancient kingdom, as in some measure may supply the want of his royal presence amongst them, has to this effect, out of his native goodness, agreed to an act made in this present session of parliament, with consent of the estates, whereby his majesty, for himself and his successors, has willed and enacted and ordained that now, and in all time coming, the officers of state, lords of secret council and lords of session on whose care, wisdom and fidelity in their several judicatories (which next to the supreme court of parliament are the chief and principal judicatories) depends the well and happiness of the government shall be chosen now and in all time coming by his majesty and his successors, with advice and approbation of the estates of parliament when they are sitting, and for the interim, with advice of the lords of secret council and session respectively, as in the said act of parliament at more length is contained. Therefore his majesty has, with special advice and approbation of the said estates, nominated, elected and chosen the persons after-following: [John Campbell], lord Loudoun, chancellor, [James Stewart], duke of Lennox, [James Hamilton], marquis of Hamilton, [Archibald Campbell], earl of Argyll, [William Keith], earl Marischal, [John Gordon], earl of Sutherland, [John Erskine], earl of Mar, [William Douglas], earl of Morton, [Alexander Montgomery], earl of Eglinton, [John Kennedy], earl of Cassilis, [William Cunningham], earl of Glencairn, [James Stewart], earl of Moray, [John Drummond], earl of Perth, [Charles Seton], earl of Dunfermline, [John Fleming], earl of Wigtown, [John Lyon], earl of Kinghorn, [Robert Ker], earl of Roxburghe, [George MacKenzie], earl of Seaforth, [John Maitland], earl of Lauderdale, [William Kerr], earl of Lothian, [George Hay], earl of Kinnoull, [David Carnegie], earl of Southesk, [John Wemyss], earl of Wemyss, [William Ramsay], earl of Dalhousie, [James Ogilvie], earl of Findlater, [William Hamilton], earl of Lanark, [Alexander Leslie], earl of Leven, [Archibald Douglas], lord Angus, [John Lindsay], lord Lindsay†, [John Hay], lord Yester, [John Sinclair], lord Sinclair, [Alexander Elphinstone], lord Elphinstone, [John Elphinstone], lord Balmerino, [Robert Balfour], lord [Balfour of] Burleigh, [James Livingstone], lord Almond, [David Lindsay], lord Balcarres, [Sir Alexander Gibson of Durie], clerk register, [Sir Thomas Hope of Craighall], advocate, [Sir John Hamilton of Orbiston], justice clerk, [Sir James Carmichael], treasurer depute, [Sir James Galloway], master of requests, Sir Robert Gordon, Sir William Douglas [of Cavers], Sir Patrick Hepburn [of Waughton], [Sir George Dundas], laird of Dundas, [Sir David Graham], laird of Fintry, [Sir Thomas Myreton], laird of Cambo, [Sir Alexander Erskine], laird of Dun, [Sir Robert Innes], laird of Innes, [Sir Robert Graham], laird of Morphie, the provost of Edinburgh for the time being and these supernumerary English councillors, namely: [Thomas Howard], earl of Arundel, [Philip Herbert], earl of Pembroke, [William Cecil], earl of Salisbury, [Henry Rich], earl of Holland, to whom, or any nine of them by these supernumerary above-named, his majesty, with advice and consent of the said estates, has committed and commits the administration and government of this his majesty's native kingdom in all affairs concerning the peace, good and happiness thereof, which by the laws and custom of this kingdom pertains to the judgment, cognition and determination of his majesty's privy council. With power to them, or any nine of them as said is, to meet and convene at the place appointed for the ordinary residence of his majesty's privy council within the burgh of Edinburgh, or at any other place or places which by common consent in case of any necessity or urgent occasion thereof shall be found most fit and convenient, and there to advise, consult, deliberate, conclude, decide and determine upon all and sundry affairs, purposes and actions which may concern the good and peace of the kingdom, according to the laws and acts of parliament established or to be established within the same, and to hear, decide and determine upon all causes and actions between subject and subject proper to be decided by the lords of his majesty's privy council, and that none be present at their inciting but such as are of the privy council, with the clerk of the privy council, whom his majesty, with advice foresaid, continues in his place as of before. His majesty, with advice and consent foresaid, has likewise given and granted, and by the tenor hereof gives and grants, full power and commission to the said council and every one of them upon any intervening occasion of disorder or trouble in such parts of the country where they shall remain for the time to command or charge the person or persons, committers of such disorders, to observe and keep his majesty's peace, and to charge the contraveners thereof to enter their persons in ward in such part or places, or within such a short space as the said councillor shall think fit, there to remain until order be taken by a full number of the council in the matter wherein they have offended, providing always he be accountable to his majesty and the rest of the council, and that no just cause of complaint be heard against him. And if the person or persons so charged to ward shall happen to disobey and condemn the charge, his majesty, with advice and consent of the said estates, declares that upon report thereof to the council a pecuniary sum shall be imposed upon the offender, according to the quality of his person and nature of his offence; and the council is to cause apprehend the offenders and commit them to ward. With power likewise to the said council to make and set down acts and ordinances for government of the kingdom and suppressing of disorders within the same. With power likewise to the said council to give and appoint assizers to the justice general and his deputes in case of necessity, and to give warrant to the said justice, his deputes and assizers for continuing execution after conviction or for mitigating the punishment of the law in criminal causes if the nature and quality of the crimes shall require, and to grant commissions of justiciary in matters criminal and other commissions in matters concerning the well of the kingdom. And also with power to them to give warrant to the said justice general, his deputes and other commissioners foresaid for imposing of fines or pecuniary sums upon the crimes of adultery, bearing and wearing of hackbuts and pistols, usury and such other transgressors of the acts of parliament where the punishment by law is inflicted upon body or goods or left to the arbitrament of the judge. And likewise with power to them to grant exemptions from hosts, rides, assizes and licences for departing out of the kingdom according to the conditions contained in the act of parliament, and also with power to the said council, in case an open and avowed rebellion shall happen to be raised within the said kingdom which cannot be suppressed but by force, to give commission of lieutenantry and justiciary for repressing of the said rebellion, and to direct charges to such parts of the country as they shall think fit for concurrence to be given in execution of the said commission, and to give order and direction to furnish and advance the sums of money that shall be requisite in such expeditions. With power likewise to the said council to raise the session upon any intervening occasion or necessity and to appoint times and places of their down-sitting†. And generally, with power to the said council to do, use and exercise all and every thing which the council of the said kingdom did or might have done the time of his majesty's late father, providing always, likewise his majesty expressly provides with advice and consent foresaid, that this commission shall in no way be prejudicial to the commission of exchequer. And it is declared that any nine of the said council shall be a sufficient number and make a session, providing the lord chancellor be one of the nine, and in case of the absence of the lord chancellor, it is declared that it shall be lawful to any nine or more of the council convened in the ordinary place and at the indicted time of meeting to choose one of the number convened who shall preside at the meeting as often as the lord chancellor shall be absent. And his majesty and estates, considering that the often absence of the most part of the council and their non-attendance upon the charge and trust entrusted to them will be a great impediment and hindrance to his majesty's service, therefore his majesty, with advice foresaid, declares that it is his special pleasure and command that the lord chancellor or president of the council to be elected as said is do see and provide that the council be frequent, specially in great and weighty matters of estate, and if upon occasion that requires the number of the council to be more full than the said quorum, the lord chancellor or president to be elected in manner foresaid shall write to such others of the council as they think fit to be present and give their attendance, and if any disobey without licence from his majesty or the quorum of the council or without some reasonable cause (either of which shall excuse their absence) then, and in that case, his majesty, with advice foresaid, wills that the absent shall be censured by the said council as a neglecter of his majesty's service and that his majesty be advertised thereof. And it is declared that if any of the said councillors' places become vacant by decease, demission or deprivation, that his majesty in the interim shall nominate another of the same degree and quality in the vacant place with advice of the most part of the lords of privy council, they being all present at the said election, at the least lawfully warned to that effect upon 15 days' warning according to the act of parliament made relating thereto, which election made in the interim as said is shall be allowed or disallowed by his majesty with consent of the estates in the next ensuing parliament as they shall think expedient. And also his majesty, with consent of the said estates, gives power to the said lords of secret council, or any nine of them as said is, to set down such rules and orders for their meetings and attendance, and times and spaces thereof, as they shall resolve, appoint and ordain amongst themselves, and wills and declares that the said lords of secret council now nominated as said is, and those who shall be surrogate in their places in the interim in manner foresaid, shall have, possess and enjoy their places for life without offence and shall be liable to the censure of his majesty and estates of parliament regarding their proceedings therein, firm and stable holding whatever by the said lords, or any nine of them as said is, shall be lawfully done in the premises, and decrees and ordains all his majesty's lieges and subjects to revere, acknowledge and obey the said lords of his majesty's council in all things concerning the charge and trust committed to them as said is under all highest pain and charge which after may follow, and this commission to endure to the next parliament and longer until the same be expressly discharged.
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The estates of parliament, considering that whereas there are diverse and sundry persons indicted and accused before this parliament as guilty of certain crimes committed by them against the state and to the prejudice of the peace of this kingdom, nevertheless the said estates of parliament, considering that by God's mercy and providence and by his majesty's great wisdom all our tempests are turned into the calm of a happy peace, and that trial is taken regarding the pursuits and process for which the said persons are cited to the parliament, do hereby, out of a respect to his majesty, to whom they know the same will be acceptable, declare that they have acquitted and discharged, and hereby acquit and discharge, all other persons cited and called to appear before them to answer for whatsoever crime or misdemeanour committed during the late troubles. And declare the act of pacification and oblivion and benefit thereof to be extended to them as if they had not been cited before this present parliament and without prejudice always of the restitution to private parties, according to the said act of pacification contained in the treaty, and of all lawful sentences recovered against any of the said persons before the committee of estates. And declare that this act does not extend to the incendiaries or plotters but only to such others who are cited to the parliament as enemies.
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The which day the king's majesty, with advice and approbation of the estates of parliament, nominated and elected Sir James Galloway to be master of requests of this his highness's ancient and native kingdom of Scotland and that for life without offence, according to the act of this present parliament made regarding the officers of state, councillors and sessioners upon 16 September last. Likewise his majesty, with advice and approbation foresaid, gives and conveys to the said Sir James Galloway, for life without offence as said is, the foresaid office to be master of requests of this his majesty's kingdom, with all honours, dignities, profits, casualties and liberties pertaining to the same office which have been possessed and held by any preceding master of requests, and which may be now possessed by the laws of this kingdom. And ordains a gift to be passed and completed under his highness's great seal to the said Sir James Galloway of the foresaid office, with all honours, dignities, profits, casualties, liberties and privileges pertaining and belonging thereto as said is.
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Our sovereign lord and estates of parliament, having taken to consideration that in the session of parliament convened by his majesty's authority upon 11 June 1640 full power and warrant was given to the president and quorum of the committee of estates therein appointed for directing, in the king's majesty's name and in name of the estates of parliament, summons and precepts to the lyon king at arms and his brethren heralds, pursuivants and macers to warn and charge the persons underwritten, namely: John [Stewart], earl of Traquair, Sir Robert Spottiswood of Dunipace, knight, Sir John Hay of Landis, late clerk register, Doctor Walter Balcanquall and Master John Maxwell, sometime pretended bishop of Ross, to compear personally before the parliament at certain days and diets bygone; and that according to the said warrant of parliament summons were raised and intended at the instance of Sir Thomas Hope of Craighall, knight baronet, and at the instance of Sir Thomas Nicolson of Carnock, knight baronet, Masters Roger Mowat, Alexander Pearson, James Baird and Thomas Nicolson, procurators of the estate, to compear before the king's majesty and estates of parliament at certain days and diets now bygone to answer for the crimes of treason and other crimes contained in the said summons and precepts of the date the [...] day of [...] years. And also our sovereign lord and estates of parliament, considering that summons and actions are depending before our said sovereign lord and the estates of this present parliament against James [Graham], earl of Montrose, Archibald [Napier], lord Napier, Sir George Stirling of Keir, knight, and Sir Archibald Stewart of Blackhall as having been plotters, devisers and machinators of courses against the public well, and as having been the committers of other several crimes and forfeitures particularly specified and contained in the said summons raised and depending against the said Earl of Montrose, Lord Napier, lairds of Keir and Blackhall before the king's majesty and the estates of this present parliament of the date the [...] day of [...] 1641, as the same at more length bears, therefore our sovereign lord and the estates of this present parliament, for the further examination and trial of the persons above-specified, their guiltiness of the points and crimes above-written contained in the summons particularly and respectively above-named, give and grant by this commission full power, authority and commission to the persons after-mentioned, namely: John [Campbell], lord Loudoun, chancellor, John [Maitland], earl of Lauderdale, [John Wemyss], earl of Wemyss, Robert [Balfour], lord [Balfour of] Burleigh, James [Elphinstone], lord Coupar, George [Forrester], lord Forrester, Sir John Hamilton of Preston, Sir William Cockburn of Langton, [Sir] Harry Montgomery of Giffen, Sir George Dundas of that Ilk, Sir John Wauchope of Niddrie, William Rigg [of Aithernie], for the town of Linlithgow, George Bell, Thomas Bruce for Stirling, Master George Gray for Haddington, George Gardyne for Burntisland and Robert Cunningham for the town of Kinghorn, James Sword for St Andrews, and Sir Alexander Gibson of Durie and Sir Adam Hepburn of Humbie, two of the ordinary senators of the college of justice, or to any quorum of the said number of the said persons being present for the time (which quorum shall consist of nine, two being of each estate, by the said two judges above-named) to proceed in all further examination of the points of the said crimes consisting in fact and that by examination of witnesses and by writ or other probation competent of the law against so many of the persons foresaid as are not compearing without all further citation in respect of their absence and contumacy; and also to call and convene before them the foresaid persons above-rehearsed in the said summons, particularly and respectively above-written, so many of them as are incarcerated before them at such days and diets as they most conveniently shall appoint at Edinburgh, 4 January next, which is appointed to be the first day of their meeting; and ordains those who are incarcerated to be cited personally and those who are out of the country at the market cross of Edinburgh and pier and shore of Leith, to answer before the said commissioners appointed by this act for the crimes particularly and respectively contained in the said summons above-written, to the effect they may be further examined by them and may object against such witnesses as shall be cited to compear to testify in the said matter. With full power and commission to the said persons or quorum foresaid to proceed in the cognition of the crimes particularly and respectively above-written, to the discussing of the relevancy of the summons particularly and respectively above-written, and to the receiving of all lawful probation in the said crimes above-written against the said persons particularly summoned as is above-written; and to that effect, to direct their precepts and summons for summoning of witnesses in the particular crimes respectively above-specified, under the pain of horning, and generally all and sundry other things to do for the exact trial of the said persons, providing always that the said commissioners as are above-specified, appointed by this commission, shall not proceed, likewise our sovereign lord and estates of parliament presently convened by this commission discharge the said commissioners and quorum foresaid to proceed to any decision in the said points or crimes or to pronounce any sentence convictive against the said persons particularly above-written summoned to this present parliament, particularly and respectively as said is, but only that the commissioners foresaid shall do their diligence in the points particularly above-specified committed to them in discussing the relevancy of the said summons, particularly and respectively above-written, and in receiving all legal probation thereupon. And the commissioners or quorum foresaid to proceed with all diligence and make their report concerning the relevancy and how far they shall find the same proved or not without pronouncing any further sentence against them or any of them, and that they finish the process and trial before 1 March next.
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The estates of parliament, considering that whereas albeit John [Stewart], earl of Traquair, Sir Robert Spottiswood of Dunipace, knight, Sir John Hay of Bara, knight, late clerk register, Doctor Walter Balcanquall and Master John Maxwell, sometime pretended bishop of Ross, are cited before them and accused as guilty of diverse heinous and treasonable crimes perpetrated and committed by them against the commonwealth, contained in their several ditties, which they have just reason to prosecute, nevertheless the said estates of parliament, taking into their consideration his majesty's gracious goodness towards this his native kingdom and his fatherly care and wisdom in composing of all past differences and providing for the future, to the great joy and happiness of his subjects, do in retribution thereof, with one unanimous consent, to testify their high respect and thankfulness to his majesty and that his majesty may joyfully return a contented prince from a contented people to the settling of his royal affairs in his other dominions, believing that the same will be acceptable to his majesty and conducible to the good and peace of the kingdom, declare that for acquitting themselves of their oath they will only proceed to the exact trial of the said parties by a committee to be appointed and authorised by the king and parliament, in respect of the present necessity of their other affairs. And after trial shall be taken of the said persons and of the crimes whereof they are accused, the parliament declares that they will not proceed to a final sentence, nor insist upon the punishment of those persons, but that they do for the reasons foresaid freely remit them to his majesty. The estates of parliament, considering that whereas albeit James [Graham], earl of Montrose, Archibald [Napier], lord Napier, Sir George Stirling of Keir, knight, and Sir Archibald Stewart of Blackhall are cited before them and accused as guilty of diverse crimes and misdemeanours committed by them to the just offence of the estates of parliament and derogatory to the great trust and confidence had of them, and albeit the parliament has just reason to prosecute their process, yet nevertheless the said estates of parliament, taking into their consideration his majesty's gracious goodness towards this his native kingdom and fatherly care and wisdom in composing all past differences and providing for the future, to the great joy and happiness of his subjects, do, in retribution thereof, with one unanimous consent, to testify their high respect and thankfulness to his majesty, and that his majesty may joyfully return a contented prince from a contented people to the settling of his royal affairs in his other dominions, believing that the same will be acceptable to his majesty and conducible to the peace and good of the kingdom, declare that for acquitting themselves of their oath they will only proceed to the exact trial of the said parties by a committee to be appointed and authorised by the king and parliament, in respect of the present necessity of their other affairs, and after trial shall be taken of the said persons and of the crimes whereof they are accused, the parliament declares that they will not proceed to a final sentence nor insist upon the punishment of the said persons, but that they do for the reasons foresaid freely remit them to his majesty.
At Edinburgh, 16 November 1641, the parliament having expressed their respect and thankfulness to his majesty by remitting to him those that are cited as incendiaries and others according to their declaration above-written, he was graciously pleased (the better to testify his princely care and to prevent any fears that may be conceived from the meddling of those persons in the affairs of state or court) to make this declaration following:
I, taking in good part the respect and thankfulness of this parliament in remitting to me those who are cited as incendiaries and others according to their declarations, do declare that I will not employ any of those persons in offices or places of court or state without consent of parliament, nor grant them access to my person, whereby they may interrupt or disturb the firm peace which is now so happily concluded.
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Our sovereign lord and estates of parliament, considering that this long time bygone the registers and records of parliament have not been reviewed so that some of the ancient records might have been abstracted, vitiated or disordered, therefore our sovereign lord and estates foresaid give full power and commission to the persons following, namely: [John Campbell, lord Loudoun], lord chancellor, [Archibald Campbell], earl of Argyll, [John Maitland], earl of Lauderdale and [Sir Alexander Gibson of Durie], clerk register, to meet when the lord chancellor shall appoint, to take inspection and to revise and look over all the whole registers and records of parliament, as well those that are in the castle as those that are in other men's custody, and to call for the old inventories thereof and compare them with the registers, and to make two new authentic inventories thereof without copying the said registers and records, which inventories shall be subscribed by the most part of the visitors, the one whereof shall be delivered to the clerk register to be kept by him, the other inventory shall be laid up either with the honours or some other lockfast place whereof the lord chancellor for the time shall keep the key. And to cause make chests, boxes, receptacles or other necessaries fitting for keeping the said registers and records, and also to consider of the place and house where the said registers lie, and to advise and appoint the best ways and means for preserving and sure custody of the said registers and records. With power also to them to mark and observe any defects and wants in the said registers and records and the visitations thereof if any be, and also to mark, number and put in perfect order the said registers and records. With power also to make a perfect index of all the unprinted acts of parliament which do not concern particularly private persons, but such as import and concern only generally the whole lieges. And also give full power to the persons foresaid to lay up the principal late treaty amongst the said records and registers, and generally to do all and sundry other things whereby the said registers and records may be preserved and their perfections or imperfections may be notified, and ordain them to make report of their faithful and exact diligence herein at the next parliament. And our sovereign lord and estates foresaid declare this commission to be in no way prejudicial to the clerk register of receiving, keeping and using the said registers and keys thereof in the meantime, according to his right and place.
[1641/8/189]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, has given and granted, and by tenor hereof gives and grants, full power and commission to those persons who shall be nominated by the lords of secret council, to whom his majesty and estates of parliament remit and refer the nomination of the commissioners to the effect after-specified, or any five of the said commissioners to be nominated by the said lords of secret council as said is, for ordering the commissaries' jurisdiction and clearing the bounds and limits thereof, that there be no occasion of question between them and other inferior judges. With power to the said commissioners to regulate their judicatories and set down prices upon the seals, testaments, summons, acts, decreets and all other writes concerning that office, to be taken by commissaries, their clerk or procurator fiscal, all quots of testaments being specially discharged to be exacted in any time coming, and to settle and establish the fees of the commissaries of Edinburgh; and for that effect to meet and convene at Edinburgh the [...] day of [...], with power to them to appoint diets as often as they shall think fit until the said commission take effect regarding the particulars foresaid. And whatsoever the said commissioners or their quorum shall determine and conclude relating thereto, our sovereign lord, with advice foresaid, ratifies and approves and ordains the same to have the strength, force and authority of an act of parliament.
[1641/8/190]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, taking to consideration the great burden, hurt and prejudice his majesty's lieges have sustained these many years bygone by exacting of great quot the time of the confirmation of the deceased's testaments, to the wasting and consuming of the means and estates of minors in special and to the general grievance of persons of all sorts, therefore, our sovereign lord, with consent foresaid, out of his highness's gracious care and fatherly affection to the well and ease of all his majesty's subjects, statutes and ordains that no quot hereafter shall be paid by any of his majesty's subjects for any testament of whatsoever quality to be confirmed by them, and for that effect discharges all commissaries, commissary clerks, fiscals and others to whom it pertains not to exact nor uplift any quot for whatsoever testament to be confirmed hereafter, the party confirmer paying only the other ordinary dues as appertain.
[1641/8/191]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that Master Roger Mowat, Master Alexander Pearson, Master James Baird and Master Thomas Nicolson, advocates, were nominated and appointed by the committee of estates of parliament, upon good considerations, to be advocates for the estates for pursuit of all such actions as concerned the public and for consulting and advising of all such business as should be recommended or committed to them by the committee of parliament, and that the said Master Thomas Nicolson was not only appointed one of the advocates for the estates, but also was appointed to have the charge of all processes to have been intended before committee or parliament for the affairs of the public, and to attend continuously upon the said committee and manage the business of the public as he should receive order from the same committee. And also our sovereign lord and estates of parliament, having found that the said advocates of the estates have faithfully and diligently discharged their duty in their service to the public, both to the committee and this present parliament, in consulting, advising and in prosecuting and discharging all the points of their charge respectively above-written against all persons cited to this present parliament for the public interest, therefore our said sovereign lord and estates of parliament allow and approve the carriage of the said advocates for the estates in all things wherein they have been employed by the said committee and by the present parliament in consulting, advising and otherwise attending the affairs of the public at all occasions as they were required as good service done by them to the king's majesty and estates of this kingdom, and ordain the commissary-general to make payment to the said advocates of their bygone fees, according to an act of the foresaid committee made relating thereto, and remit the consideration of the recompense of their pains and travails taken and to be taken by them in their service for the public to the committee of the common burdens, recommending the same to the said committee to be considered by them accordingly as the said advocates shall be found to have deserved.
[1641/8/192]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering the great hurt and prejudice sustained by sundry of his majesty's lieges by the monopolies used and exacted within this kingdom and which have been conferred to the use of any particular person or persons, to the great hurt and prejudice of others of his majesty's lieges, and specially the gift for selling tobacco granted to Sir James Leslie and Thomas Dalmahoy, the patent of the leather granted to [John Erskine], earl of Mar, the patent of pearling granted to [James] Bannatyne, the patent of pearl granted to Robert Buchan and the patent of armory granted to William† Mauld, therefore our sovereign lord and estates of parliament by the tenor hereof, annul, rescind and simply discharge the particular gifts foresaid granted to the persons above-written, and all that may follow or has followed thereupon, and ordain the same and all other patents of that nature, purchased or to be purchased, for the benefit of particular persons in prejudice of the public to cease and be ineffectual in all time coming.
[1641/8/193]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty and estates of parliament, considering that by an act of this present parliament of the date hereof, entitled 'Act discharging monopolies', the patent granted to the Earl of Linlithgow for making powder and the patent of leather granted to the Earl of Mar are thereby discharged, and that the said earls have formerly bestowed charges upon the said works, therefore his majesty and estates of parliament remit to the council to take consideration of the said charges and expense bestowed by the said two earls, and each one of them, upon the foresaid works contained in their patent, and to grant recompense for the same.
[1641/8/194]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering how necessary, expedient and profitable the erecting and maintaining of manufactories will be for this kingdom, as well in keeping great quantities of money within the same, which is now daily exported for wrought commodities, as in setting poor ones on work, restraining of idle beggars, increase of virtue and bringing of monies into the country, and this being a matter of so great goodness wished by every man and ofttimes aimed at to be brought to some perfection, as witness many several acts of parliament, acts of convention and council, especially: King James VI, his 7th parliament, chapter 113; item, King James VI, his 15th parliament, chapters 250 and 252; item, the acts of council of May 1597, July 1600, November 1601, December 1601, May 1612, October 1614, August 1616, July 1620, February 1623†; item, the acts of convention of June 1605, November 1625 and August 1626, yet the same have not as yet made any considerable progress for want of cherishing, maintenance and right order for prosecution thereof. In consideration whereof, his majesty and estates of parliament being resolved to use all ordinary means for erecting, cherishing and maintaining of manufactories within this kingdom, and his majesty, with advice and consent foresaid, being graciously pleased to grant all liberties, privileges and immunities to the erectors thereof, therefore his majesty and estates foresaid give, grant and commit to those persons, or quorum thereof, who shall be nominated by the lords of secret council (to whom the king's majesty and parliament hereby give the nomination of the said commissioners and quorum thereof foresaid to the effect after-specified) full power, warrant and commission to meet and convene at Edinburgh, or any other place or places at such days and times they or the said quorum shall think fitting, and there to consult, advise and determine upon the best rules, overtures and propositions and ways for erecting and maintaining the said manufactories of all sorts, with power to them or the said quorum to call and convene before and with them any person or persons who can give them information or assistance in the said businesses. As also with power to them or their said quorum to appoint correction houses in such parts of the kingdom as they shall think most conducible for the good of the said manufactories and restraint of idle and masterless beggars. As also with power to them to prescribe rules and ways for assisting, supplying and maintaining of those who have already or shall during the time of this commission erect and maintain any of the said manufactories and to direct letters against masterless people and their receivers, as well to burgh as landward, commanding them to work at such reasonable rates as the said commissioners or quorum thereof shall appoint. With power likewise to them to make corporations and to grant them privileges according to the laws of the kingdom. And also his majesty, with advice foresaid, out of his gracious favour and bounty, does hereby for the better encouragement to all those who have undertaken or shall undertake the erecting and maintaining of the said manufactories, or any one thereof, give and grant to them the privileges and immunities following, namely: all Spanish and foreign fine wool for making of fine cloth shall be custom free; item, all dyed wares, oil and other necessaries for the use of the said works only shall be free of all customs and impost; item, all parcels of cloth, serge and others made by any who have erected or shall erect any of the said works shall be custom and impost free for the space of 15 years after the erecting thereof; item, the workers of the said works erected or to be erected shall be free of any taxation or imposition to be imposed on the kingdom for any occasion bygone or to come; item, it shall not be lawful to any in the kingdom to hire, reserve or maintain any of the servants of the said works without consent of the masters thereof.
[1641/8/195]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently assembled, finding that linen cloth is become one of the prime commodities of this kingdom whereby many people are put to work and money is brought within the same, which partly through the deceit used by the bleachers in liming thereof, and partly by the uncertainty of the breadth, is likely to come in contempt abroad, to the great prejudice of this kingdom; therefore his majesty, with consent of the said estates, statutes and ordains that no makers of linen cloth nor no others whatsoever present to market or otherwise make or sell any linen cloth of the price of 10s the ell or above of less breadth then one ell, and all under the said price to be of no less breadth than three quarters of an ell, under the pain of confiscation of all such linen presented to the market or otherwise sold which shall be found not to be of the breadth above-named. And ordains the magistrates within whose bounds or jurisdictions the said linen cloth made contrary to this statute shall happen to come to confiscate and escheat the same, and for this effect to search all the markets within their bounds. As also discharges and inhibits all our sovereign lord's lieges and subjects that none of them presume nor take upon hand to bleach any cloth with lime under pain to be punished in their persons and goods at the will of the magistrate within whose bounds they dwell. And lastly it is statute and ordained that all linen cloth shall be taken up by the lengthwise edge and not by the narrow edge, and so to be presented to the market. And ordains the sheriff of the shires and magistrates within burgh to put this statute to execution within their several jurisdictions.
[1641/8/196]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, considering that the senators of the college of justice are sufficiently provided by his majesty and estates for serving their places without further burden to the lieges, therefore his majesty and estates foresaid discharge in all time coming all sentence silver, 12 pennies of the pound and other exactions imposed upon sentences or decreets to be pronounced by the said judges, and discharge all acts, statutes and ordinances made for payment thereof. With power always to the said judges to modify charges to the parties in whose favour the said decreets and sentences is pronounced, as in equity and conscience they shall find reasonable, and as the malicious and wilful players, pursuers or defenders, shall deserve.
[1641/8/197]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that the burgh of Glasgow did heretofore, in the election of their magistrates, demand the assent and approbation of the archbishop to the same, and during such time as episcopacy was not allowed of this church, of the late Ludovic [Stewart], duke of Lennox and Richmond, who was heritably infeft in the said archbishopric, with the privileges belonging thereto, and specially the nomination of the magistrates of the town of Glasgow, and now the said burgh, being one of the best peopled and prime burghs within the kingdom, it is most agreeable to reason that they should have free liberty to elect and choose such persons as should be most fit both to serve the prince and govern the burgh itself, as other burghs of this kingdom; therefore, our sovereign lord, with the advice of the estates, and of the special consent of James [Stewart], now duke of Lennox and Richmond (who has the like heritable right of the said archbishopric of Glasgow and privileges thereof granted to him as the said late Ludovic, duke of Lennox and Richmond, his uncle, had) statutes and ordains that the burgh of Glasgow, in all time coming, shall have as free liberty in the election and choosing of their magistrates yearly at the accustomed times as any other burgh within this kingdom of Scotland, with this special provision and condition: that the provost, bailies and council of the burgh and their successors shall present yearly in all time coming a candidate list of three persons to be provost of the said burgh to the said James, duke of Lennox and Richmond and his successors foresaid, of the which number the said James, duke of Lennox and his successors foresaid shall nominate one to be provost for the year following, whom they shall be obliged to receive and admit to be their provost the same year and authorise him with all commission necessary to that effect, providing the said Duke of Lennox and his foresaids, by themselves or their commissioner, be present yearly within the said burgh at the castle which belongs to the duke and his successors at the time of the election of their magistrates, and in case of their absence, in that case it shall be lawful to them to go on in the election of their provost for that year of their absence only.
[1641/8/198]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that his majesty has lately given and founded to the University of St Andrews and colleges thereof the feu mails, feu ferms, teinds, teind duties and rents which pertained of before to the late archbishop of St Andrews and prior of St Andrews annexed thereto, and that the said rents are by express condition of the said mortification appointed to be distributed among the several colleges of the said university, principals, professors, regents and other members thereof, at the sight of his majesty's commissioners appointed or to be appointed for visiting of the said university, and that now his majesty, with consent of the estates, is pleased to appoint commissioners for that effect and for setting down an order for ruling and governing of the said university and colleges thereof, therefore, his majesty and estates of parliament, by this commission, make, nominate and constitute the persons respectively after-following, namely: Archibald [Campbell], earl of Argyll, John [Kennedy], earl of Cassilis, John [Wemyss], earl of Wemyss, John [Maitland], earl of Lauderdale, David [Carnegie], earl of Southesk, John [Lindsay], lord Lindsay†, John [Elphinstone], lord Balmerino, Robert [Balfour], lord [Balfour of] Burleigh, Sir Thomas Hope of Craighall, his majesty's advocate, or Sir John Hope, fiar of Craighall, one of the senators of the college of justice, Sir John Leslie of Newton, Master James Reid of Pitlethie, James Sword, citizen in St Andrews, Master Alexander Henderson and Master Harry Rollock, two of the ordinary ministers of Edinburgh, Master Robert Blair, minister at St Andrews, Master David Munro, minister at Elie, Master Andrew Wood, minister at Monifieth, Master Patrick Scougall, minister at Dairsie, Master Andrew Auchinleck, minister at Largo, Master Walter Buchanan, minister at Ceres, Master James Simpson, minister at Bathgate, or any nine of them, five of them being ministers, as their commissioners in that part to the effect after-specified. With full power and commission to them to meet, convene and visit the said university and colleges thereof, upon the [...] day of [...] next, or at any other diet or time to be appointed by them as they shall think expedient, and to distribute amongst the principals, professors and other members of the said university and colleges thereof the particular localities of the said feu mails, teinds and others mentioned in the said mortification, according to the order and proportion agreed upon by the committee appointed by his majesty and allowed by his majesty at the giving in of the report, and that each one of the said three colleges shall have their own locality and be uplifted by their own administration and distributed among them accordingly in manner foresaid. With power also to the said commissioners to order the course of the studies of the youth and to rectify what is amiss for the better breeding of the students in religion and learning, and to do, use and exercise all other things necessary in the premises that to the office of commissioners in such cases of the law and customs of this realm are known to pertain, likewise and as freely in all respects as any other of his majesty's commissioners in such cases or affairs might have lawfully done at any time bygone, or may do in time coming. Which commissioners shall be held to report their proceedings in the said matter to his majesty and estates, or any whom they shall appoint for that effect between now and the [...] day of [...], and this present commission shall endure until the [...] day of [...]. Likewise his majesty and estates of parliament ordain a new commission for visitation of the said university to be granted at every parliament.
[1641/8/199]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, taking to consideration the bounty and benevolence of his majesty's most noble progenitors King James II and King James IV in giving their vassals liberty to set their ward lands in feu, and herewith also remembering that, by the 16th act of his majesty's first parliament in the year 1633, his majesty and the prince, his highness, their vassals of ward lands are altogether secluded from that benefit of his majesty's bounty and benevolence foresaid, which prejudice is by the 37th act of that session of this present parliament held in June 1640 recommended to be considered at the next meeting thereafter of the said parliament, and during that interim the force and execution of that act foresaid of 1633 is suspended and suppressed. And now his majesty, being graciously pleased of his royal favour and bounty that the vassals of ward lands held of his sacred majesty and of the prince, his highness, may enjoy their former liberty with the benefit of his majesty and his most noble progenitors, their bounty and benevolence foresaid unprejudiced or impaired by the foresaid act of 1633, therefore our said sovereign lord and estates of parliament rescind and annul the foresaid 16th act of his majesty's first parliament in the year 1633, entitled 'Regarding vassals holding ward', and declares the same act to be null, of no value, force, strength nor effect in all time coming, in so far as the same act is or may be extended to the lands held ward of the king or prince as said is, and declare the vassals of the ward lands foresaid and others of his majesty's lieges or subjects to be in that same estate and condition and have the same liberty concerning ward lands which they had before the making of the said act, and as if the same had never been made, which our sovereign lord and estates of parliament declare to be extinct and of no value, force nor effect in all time hereafter.
[1641/8/200]*[print] [email] [cite] [preceding] [following]
Whereas our sovereign lord and estates presently assembled, understanding that the plaiding of this kingdom is one of the most ancient and prime commodities thereof, which of late, through the inconstancy of the breadth, is likely to come of no estimation abroad, therefore our sovereign lord, with advice of the said estates, ordains the makers thereof to make the same of no less breadth than of three quarters of an ell under pain of confiscation of all that shall be found of a lesser breadth. And further, understanding that the lords of his majesty's council had, for eschewing the deceit in making thereof, ordained the same to be presented in folds and not in rolls to the market as it was used of before, therefore his majesty, with consent and advice foresaid, ratifies and approves the said act of council dated at Edinburgh, 24 March 1635, in all the heads, clauses and circumstances thereof and ordains the same to take full execution and to stand as a law in all time coming.
[1641/8/201]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice and consent of the estates of this present parliament, understanding many pitiful effects daily found and increasing regarding the misery and poverty of orphans and fatherless children to have been occasioned in this manner: that many ignorant people the time of the acquiring to them of bonds, contracts and other securities for payment of sums of money take the same to them, their heirs, executors and assignees with clause and condition of annualrent thereof during the non-payment of the said principal sum, meaning thereby that the same should in no way remain unprofitable during the non-payment thereof, and in no way that the said clause or condition should make the same sum pertain to the heir in prejudice of their bairns and other nearest of kin by the heir, whereas by the contrary, by the interpretation now observed, all such sums and securities bearing annualrent or profit are exposed to be heritable after the term of payment and to pertain to the heir, so that thereby the rest of the children, nearest of kin and others having interest are altogether therefrom secluded and left pitifully unprovided of any means to live on, as also the said bonds and contracts are very often fraudulently concealed and abstracted and never known to the true owners thereof, that in due time they might make use of the same, which is against both equity and conscience, and the intention of the party acquirer of the said securities, whereby great number of orphans, fatherless children and others that are so prejudiced of that is due to them, either by their natural portion or otherwise due, are brought to great poverty and misery and forced to become beggars, which is often found by pitiful experience. For remedy, our said sovereign lord, with advice of the said estates, statutes and ordains that all contracts or bonds for sums of money payable to parties with condition of payment of annualrent or profit made at any time hereafter shall be held and estimated to pertain to the bairns and nearest of kin to the deceased, unless sasine follow thereupon in the lifetime of the creditor acquirer thereof, or that by the tenor of the bond or contract the same be conceived to be payable to the heirs and assignees secluding the executors, or otherwise that the said bond or contract bear expressly obligation to infeft; in either of the which excepted cases, ordains the said sums to be heritable and pertain to the heir, and outwith the said excepted cases, ordains the said sums to be confirmed by the executor without payment of any quot for the same, and that to the end the nearest of kin and others having interest as said is be in no way frustrated of what may be due to them, nor yet the said bonds or contracts fraudulently concealed or abstracted from them, every one of them for their own parts, providing always that by virtue of this present act the bonds or contracts hereby ordained to pertain to the nearest of kin to the deceased and to be confirmed shall not fall under the compass of escheat, nor yet any part thereof pertain to the widow by right of the widow, but shall remain in the own nature quoad fiscum et relictam as they were before the making of this act.
[1641/8/202]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the act of parliament made by King James VI, his majesty's father of eternal memory, parliament 1, chapter 12, regarding provostries, prebendaries, altarages, chaplainries and collegiate kirks pertaining to lay patrons, together with the act of parliament 12, chapter 158, ratifying the same, and ordain the said acts to have full force and effect in all time coming, with this declaration always: that in respect the vassals which held lands of the said provosts, prebendaries and others foresaid are put to a great uncertainty of their superiors, it not being known to them who are provided to the said provostries, prebendaries, chaplainries, altarages and others foresaid, by reason there is no public register to the which they may have recourse for knowledge and notice thereof, and that the farthest that they can know by any registers is the infeftments and sasines made to those who are lay patrons holding of his majesty, therefore, for securing of the vassals who hold lands, mills, fishings, tenements, annualrents and others whatsoever of the said provostries, prebendaries of collegiate kirks or of chaplainries, altarages and others of that nature at any time of before, it is statute and ordained that the entry of the said vassals by retour, precept of clare constat, resignation, comprising or otherwise whatsoever shall pertain to the lay patrons and their successors who stand infeft in the said lay patronages, holding immediately of his majesty, and that the entry of the vassals by them shall be as valid and sufficient to the said vassal, receivers thereof, as if they were entered by the titulars of the said provostries, prebendaries, altarages, chaplainries and others foresaid; and that the said lay patrons shall be in all time coming in their place as superior to the said vassals and to have the same power to give infeftments to his majesty's subjects upon retour or by precept of clare constat or by resignation, comprising or any other manner of way, with gifts of novodamus, and that without consent of persons provided or to be provided to the said provostries and prebendaries of collegiate kirks, altarages, chaplainries or other titulars of collegiate kirks, and also without consent of the chapter or convent of the said prebendaries thereof or most part of the same which before was in use and custom, concerning which, and regarding all acts in the contrary, his majesty, with consent foresaid, dispenses for now and ever, reserving always to the titulars of the said provostries, prebendaries, altarages, chaplainries and others foresaid the fruits, rents and emoluments of the said provostries, prebendaries and others foresaid which are in no way prejudiced by this present act. It is hereby further statute and ordained where there are any prebendaries, chaplainries, altarages or other foundations of that nature above-mentioned founded and situated within any burgh royal of this kingdom, that the provost, bailies and council of the said burgh where the same are founded are, and shall be in all time coming, only indebted superiors by whom and by no others the vassals and tenants enter in manner above-specified, the provost and bailies being always patrons.
[1641/8/203]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that the precise and rigorous exaction of the pain, arbitrary and pecuniary, added to penal statutes heretofore made would prove a burden to his majesty's lieges, heavy and insupportable if by his majesty's grace and favour they should not be eased and liberated of the same, in consideration whereof his majesty, being willing to give ease and relief to his subjects of the foresaid burden, has therefore been graciously pleased, with consent of the estates of parliament, to discharge freely, pardon and remit, and by this act discharges, freely pardons and remits all contraveners of the said penal statutes† in time bygone, except only the statutes concerning the unlawful taking of usury, transporting of money and gold, slaying of red and black fish, with the penalties incurred by the concealers of annualrents and wrongful submitters of the inventories of their money, which are in no way discharged by this present act, nor comprehended under the same.
[1641/8/204]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in by John Grant of Moyness, as commissioner for the sheriffdom of Nairn, craving that the Laird of Glengarry may find responsible caution under great sums that [Hugh Rose], laird of Kilravock and his friends and the rest of the lieges of the sheriffdom of Nairn may be harmless and unscathed of the Laird of Glengarry, his kinsmen, tenants and servants, being read in audience of the king's majesty and estates of parliament, his majesty and estates foresaid ordain the Laird of Glengarry to compear before the secret council the first ensuing council day to answer to the foresaid supplication, and in the meantime ordain the caution already found by him to stand until that day.
[1641/8/205]*[print] [email] [cite] [preceding] [following]
The which day the commission regarding the repressing of the broken men and for levying of a company of 120 men for keeping of the north peaceable and free of the broken Highlanders, being this day moved to his majesty and estates of parliament, his majesty and estates foresaid remit the same to the secret council to be considered and concluded by them, with this declaration: that whatsoever the council shall conclude and enact therein shall have the authority, force and validity of an act of parliament.
[1641/8/206]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that during the time of the late troubles of this kingdom there were some of his majesty's rents, customs and impost uplifted and intromitted with for serving of the present necessities of the public affairs of this kingdom by warrant of the late committee of estates and by other public orders, and that there were sundry bygone pensions and fees, due to diverse of his majesty's pensioners and servants, satisfied and paid to them, according to their rights and pensions by order of the late committee of estates residing at Edinburgh, and his majesty, being graciously pleased to approve and allow of the foresaid intromissions had and payment made in manner and for the causes above-written, therefore our said sovereign lord, with advice and consent of the said estates of parliament, ratifies, approves and dispenses with all such intromission with his majesty's rents, customs and impost as have been uplifted, paid and intromitted with preceding 29 June last for the uses and causes foresaid, together with the payment made of the same by public order as said is, and declares that the same payment made and intromission had by warrant from the said committee of estates or by other public orders preceding the said 29 June last are, and shall be, sufficient exoneration to the payers of the said rents, customs and impost and to the receivers of the same by virtue of the said public orders and to all others concerned therein. Likewise the discharges upon the payment thereof, by public order foresaid, shall be allowed to the payers of the same in the accounts of their intromission with his majesty's rents, customs and impost foresaid, to be made in his majesty's exchequer, concerning which this act shall be a sufficient warrant to all that are concerned therein and to the lords and commissioners of his majesty's exchequer to allow and defray the same in the said accounts to be made in exchequer by the chamberlains, intromitters with and receivers of his majesty's rents, customs and impost foresaid, and ordains account to be made of the said intromission in exchequer.
[1641/8/207]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently assembled, understanding how necessary and convenient it is that all yarn be bought and sold by weight, therefore our sovereign lord, with advice and consent of the said estates, ratifies and approves the acts of his majesty's council ordaining the same to be sold by weight in all the heads, clauses and articles thereof, dated at Holyroodhouse, 28 July 1631, and ordains the same to stand as a law and to take effect in all time coming.
[1641/8/208]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having taken to their consideration that the registration of comprisings has put the lieges to great, needless and unnecessary charges and expense, and that the same does neither add to the validity of the comprisings nor to the benefit of the comprisers, and therefore have discharged, and by the tenor hereof discharge, all registration of comprisings, together with all gifts, acts of council and other warrants, practices or custom whatsoever granted or observed relating thereto, and declare that the same gifts, acts of council and other warrants, practices or custom to be null and of no value, force nor effect in all time coming. And also our sovereign lord and estates of parliament, considering that a short record of all comprisings of lands and annualrents, heritable bonds, contracts, reversions and others, and legals thereof, namely: of the comprisers' names and designations, the defenders' names, the debt for which the comprising is used, the lands and others comprised, the macers' and clerks' names, the times of the denunciations and executions and witnesses thereto, and date of the comprisings and of the superiors of the lands comprised, is very necessary for the lieges, their information, therefore statute and ordain that all comprisers shall be obliged to bring their comprisings to the clerk of the bills within 60 days after the date of the comprisings, to the effect that the same may be allowed by the lords of council and session; at the which time, ordain the said clerk to the bills to make a record of the said comprisings in a book wherein all comprisings shall be recorded in manner above-written, for the which allowance and recording of the said comprising in manner above-written the clerk shall have 40s for the whole record of each comprising and allowance, and also, for the extract of each record of the said comprisings that shall be extracted under the said clerk's hands, our sovereign lord and estates ordain the sum of 20s for every extract to be paid to the said clerk of the bills as due price competent to him, therefore which sum the said clerk shall not transcend under the pains contained in the acts of parliament.
[1641/8/209]*[print] [email] [cite] [preceding] [following]
The which day the act regarding the copper coin being moved to the king's majesty and estates of parliament, his majesty and estates foresaid remit the same to the council to set down a good and solid course and order relating thereto.
[1641/8/210]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and [estates presently]† assembled, understanding that the salmon fishings are one of the principal benefits whereby trade is maintained and money brought in the kingdom, and that through the evil ordering thereof, both in the insufficiency of the barrels and also in the disloyal packing of the same, not only is the merchant estate damnified thereby, but also the nation is dishonoured abroad and disappointed of what should return thereby, therefore our said sovereign lord, with advice and consent of the said estates, ordains an act to be made ratifying and approving all and sundry acts of parliament, laws and constitutions of this realm made regarding salmon fishing and the sufficiency of the barrels and loyal packing thereof, with this addition: that the whole coopers within this kingdom make the said salmon barrels of good and sufficient new knappel, wherefore he shall be answerable, without worm bolls, and white wood of sufficient tightness for containing the pickle and sufficient tightness for enduring all kind of stress in the handling, and that the barrels contain no less than ten gallons of the Stirling pint, according to an act of his majesty's council of the date at Holyroodhouse, 15 July 1619, which his majesty, with consent foresaid, ratifies and approves in all the heads, clauses and articles thereof, to be ratified in this present parliament under the pain of £5 to be paid by the cooper for each insufficient barrel and escheat of the same barrel; and that the same be well shrunk in the pickle before the packing thereof; and thereafter the said barrels to be well tightened and double girthed before the transporting thereof to foreign nations, and that no barrel be sooner made and blown but that the cooper's burn be set thereon on the stopper thereof in testimony of the sufficiency of the tree; and that every cooper be answerable and liable in payment of such losses as happen to be laid on the fish at the market if it be found to be in the default of the cooper by the insufficiency of the tree or packing or any other means in the cooper's fault, and that they keep right measure both in the length of the staves, the bilge girth, the wideness of the head and deepness of the chine, the barrel being made, marked and wrapped three times shall be marked with the marking iron under a very particular merchant's mark as use is. And that no burgh nor any other trading with salmon shall presume to counterfeit the mark or burn of Aberdeen, under the pain of confiscation of the salmon, in addition to the punishment of the counterfeiters at the pleasure of the judge ordinary, the one half of the said pain to pertain to his majesty and the other half to the burgh so wronged; and ordain the magistrates within burgh to put this act to execution.
[1641/8/211]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that his majesty's excise of all herrings slain within the Red Head and St Abb's Head is 1,000 herrings out of each boat, each haul that holds, and finding the collecting of these herring to be very hard and difficult, have thought expedient to modify the price of these herrings and convert the same 1,000 herrings into money. And therefore, our said sovereign lord, with the advice of the estates, modifies and converts the price of the said 1,000 herrings payable for assize to the sum of £6 money of this realm, and declares that to be the constant price thereof in time coming without respect of dear or cheap herrings. And because the fisheries resident in the east seas and who dwell within the said bounds on the north and south side of Forth and Tay, to the west of the Red Head and St Abb's Head, in respect of the great hazard and danger they are in in venturing to the North Isles with their ships and barks, wherein they transport two boats or yoles† as pendicles of the said ships and barks and vehicles for their use and the better accommodating of their voyage, were in use to pay only the sum of £5 in satisfaction of the assize herrings, each take that holds, for every ship or bark, without having respect to ships, boats or yoles which are only pendicles and vehicles of the said ships or barks, therefore his majesty, with advice of the said estates, being certainly persuaded that it is impossible to the said fishers to accomplish their voyages unless they have two ships, boats or yoles carried in the said ships or barks as pendicles and vehicles thereto, declares that the said fishers are and shall only be liable in payment of the said sum of £6 in full satisfaction of the assize in the North Isles for each ship or bark, each take that holds, not having regard of the said ships, boats or yoles, there being but two boats to each ship at the farthest which they do hereby liberate and exempt from all payment of any duty; and discharges all our sovereign lord's lieges exacting or uplifting any other assize from the said fishers than the particular duties above-specified, and ordains the collectors thereof to uplift the same legally after each haul and to desist from troubling the fishers during the time thereof.
[1641/8/212]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that there is diverse strong waters brought into this kingdom from foreign places which might be more conveniently made within the kingdom to the benefit of the natives thereof, therefore his majesty, with consent of the said estates, discharges all bringing in of aqua vitae or strong waters within this kingdom under the pain of escheat thereof.
[1641/8/213]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, for removing all doubts and questions that may arise regarding the superiorities of these lands, mills, fishings, heritable offices and others which were held of the late pretended bishops or of their chapters, by reason of the abolishing of bishops and chapters foresaid out of this kirk and kingdom, and to the effect the subjects and vassals of these holdings may be put in assurance hereafter thereupon, have statute and ordained and declared, and by this act statute, ordain and declare, that all these superiorities which formerly pertained to the said pretended bishops and their chapters now abolished as said is do now pertain and belong, and shall hereafter pertain to our sovereign lord and his highness's successors in all time coming; and that the vassals of these lands, mills, woods, fishings, heritable offices and others which were formerly held of the same bishops and their chapters do now, and shall in time coming, hold the same of our sovereign lord, the king's majesty, and his successors in the same form and manner of holding as they formerly held of the said bishops and their chapters, according to the said vassals, their infeftments and rights made and pertaining to them, which are hereby declared to be unprejudiced by the abolishing of the said bishops and their chapters, their former superiors. And also our said sovereign lord and estates of parliament declare that all those services of heirs to their deceased predecessors to any of the lands and others held of the said bishops (since the excommunication of bishops), whereby those heirs are served to the said lands to be held of the king's majesty, to be valid and lawful services led and done, and ordain all such services as are to be led and deduced hereafter for serving of the heirs of the vassals of the lands and others foresaid, as heirs in the same lands to be served heirs therein to be held of the king's majesty and his successors foresaid as their superiors of the same lands and others above-mentioned in all time coming, with this provision: that the feu duties of these lands held of the chapters now retained in title shall pertain and be paid them during the present titular's lifetimes. And it is declared that this present act shall not be prejudicial to the infeftments granted by his majesty to [James Stewart], duke of Lennox of the superiority of the whole lands and baronies which pertained to the temporality of the archbishopric of Glasgow, but that the said infeftment shall stand valid in the self and the vassals to hold their lands of the said Duke of Lennox and his successors as their superiors thereof in time coming. And also declares this legislation, neither act nor reservation foresaid, shall not be extended to the deanery or sub-deanery of Glasgow, nor nothing held of the dean or subdean, as also without prejudice to [John Maitland], earl of Lauderdale of his infeftment of Stobo and Eddleston which is in no way prejudiced by this act nor reservation foresaid, providing that this provision shall not better nor strengthen the Earl of Lauderdale's right and infeftment foresaid, but the same to be in the same condition as before the date of this act.
[1641/8/214]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the great hurt sustained by his majesty's lieges by the fraudulent dealing of pewterers in mixing the finer sort of tin brought from England, France, Flanders and other parts beyond sea with baser and courser metal of tin and lead, and their exacting greater prices between the new cast by them and the old which they receive from the lieges; for remedy whereof, it is statute and ordained that the pewterer or founder of tin shall put the mark of the thistle and his own name upon every piece of work that he happens to cast, and that the same shall be of the finest of the pewter marked with the rose in England; and in case the same be under the fineness of the said pewter of England, that the same shall be confiscated and be punished in his person at the discretion of the magistrates of the burgh where he dwells, and to that effect that there be a visitor appointed by the magistrates for trying of the same, as likewise that he shall take between the old pound of old tin and pewter marked with the rose foresaid which he receives from the lieges and the pound of new cast by him, 18d only under the pain foresaid.
[1641/8/215]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering how necessary and expedient it is that in every parliament to be held within this kingdom there be a president of parliament chosen by his majesty or his commissioner and estates of parliament to preside in all matters to be discussed in parliament, therefore his majesty, with advice and consent foresaid, statutes and ordains that in all succeeding parliaments, after taking of the oath of parliament by all the members thereof, they shall make choice of the lord chancellor or any other the king or his commissioner and the estates shall appoint to be president of parliament, who shall remain and continue president as well in that parliament wherein he is chosen as in the next parliament subsequent until the said oath be taken and another chosen to be president in his place.
[1641/8/216]*[print] [email] [cite] [preceding] [following]
The which day the act given in in parliament regarding the taking order with rebels and other lawless and broken men being moved to the king's majesty and estates of parliament, his majesty and estates foresaid remit the same and consideration thereof and to take course therein to the lords of secret council.
[1641/8/217]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament, statutes and ordains that all cockets to be given forth within the regality of St Andrews, now held of the king's majesty through the abolition of bishops, be directed and granted by John [Lindsay], lord Lindsay†, and his deputes, cocket keepers within the regality foresaid, in all time coming in the king's majesty's name, whereas the same were before directed in name of the archbishop of St Andrews.
[1641/8/218]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify the 11th act of the 18th parliament of King James VI of worthy memory, made regarding coal miners and salters, with this addition: that because watermen who bale and draw water in the coal mine head in this kingdom and gatemen who work the ways and passages in the said mines are as necessary to the owners and masters of the said coal mines as the coal miners and bearers, it is therefore statute and ordained that no person shall hire or seduce any watermen and windsmen and gatemen without a testimonial of the master whom they serve, under the pains contained in the former acts in all points. And because it is found by experience that the giving of great fees has been a method and way to seduce and bring coal miners from their masters, it is therefore statute and ordained that it shall not be lawful to any coal masters in this kingdom to give any greater fee than the sum of 20 merks in fee or reward under any colour or pretext. And because the said coal miners and salters and other workmen in coal mines within this kingdom do lie from their work at Easter, Yule, Whitsunday [May/June] and certain other times in the year, which times they employ in drinking and debauchery to the great offence of God and prejudice of their master, it is therefore statute and ordained that the said coal miners and salters and other workmen of coal mines in this kingdom work all the six days of the week under the pains following, that is to say: that every coal miner or salter who lies idle shall pay 20s for every day, in addition to the prejudice sustained by their master and other punishment of their bodies.
[1641/8/219]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that when any thieves were taken and executed for theft or declared fugitives for not entering and underlying the law, therefore their whole escheat fell to the king's majesty and the goods stolen pertaining to the pursuer of the said thieves, and so the said party wronged was prejudiced of his own gear. Therefore and for remedy whereof, our said sovereign lord and estates of parliament statute and ordain that any person having any goods or gear stolen from them, and having pursued the stealer thereof, shall have their own goods again wherever the same goods can be apprehended although the thief, stealer thereof, suffer; and where the said stolen goods cannot be had, ordain the pursuers of the said thief to have the just value, price and worth of the goods and gear stolen from him out of the readiest of the thief's goods, together with the expense they shall disburse in the said pursuit, the pursuers always pursuing the thief as far as sentence, reserving to the taker and sheriff the expenses bestowed by them in the taking and execution of the thief.
[1641/8/220]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened, considering the manifold prejudices and trouble arising to diverse of his majesty's lieges in pursuing of matters of small importance by the too frequent granting of advocations from inferior judges, therefore our said sovereign lord, with advice and consent of the said estates, discharge the lords of session from giving and granting letters of advocation of any actions intended or to be intended before whatsoever inferior judicatories which may competently by the laws of the kingdom be decided by the said inferior judges before whom the said action is or shall be intended, for sums of money within £100 or for any other causes to which by the laws of the kingdom the said inferior judges are appointed judges.
[1641/8/221]*[print] [email] [cite] [preceding] [following]
The which day Sir Thomas Hope [of Craighall], in name and on behalf of the lords of session and other members of the college of justice, protested that the foresaid act regarding the discharging of advocations for £100 or within the same should be always without prejudice of the privileges and liberties of the college of justice granted thereto and to the senators and members thereof, or in any way pertaining to the same judicatory by the foundation thereof or by any laws or acts of parliament since made and set down in favour of the college of justice at any time hereafter, and hereupon asked instruments.
[1641/8/222]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened, understanding there are diverse abuses committed by the customs officers and receivers of entries of ships and by the keepers of the cocket in sometimes exacting from masters of ships greater sums of money than is due to them, and sometimes absenting themselves to the great prejudice of the merchants' estate and to the hazard of the loss of their voyage, therefore, our sovereign lord, with advice and consent of the said estates, ordains that there be no greater price exacted for entering their ships and goods than the sum of 23s 4d, and for the said cocket than the sum of 40s, and that the keepers of the said cocket attend by themselves or their servants diligently and readily to answer and give out cockets to all merchants and masters of ships under pain of losing their places whensoever they shall be found either to exact more than the said sum above-written or shall occasion to the said merchants or masters more delay than is needful for writing of the same.
[1641/8/223]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that parks and plantings are great ornamentation and much profitable to the kingdom, and that the demolishing and downcasting of the dykes of either and spoiling of the ground and planting enclosed within the same by those who are evil affected to policy is a great discouragement to many who are virtuously disposed to enclosing and planting, therefore, his majesty, with consent of the said estates, discharges all hawkers, hunters, travellers and other persons whatsoever to whom the same enclosing and planting do not belong from demolishing, downcasting, climbing or in any way wronging any of the dykes foresaid, parks and planting within the same under the pain of £5 on every occasion, which fine his majesty and estates foresaid declare to pertain to the owners of the said parks or plantings, they or their servants discovering the culprits. And if any other discover them, the one half to appertain to the discoverer and the other to the heritor, with power to the discoverer to pursue the contravener before the ordinary judge. And if it shall happen the heritor's own tenant to contravene the act foresaid, with power to the heritors to fine them at their own pleasure, the penalty and fine not exceeding the pain foresaid.
[1641/8/224]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament find that it is necessary and expedient for the good of the public that the transporting of eggs out of this kingdom be restrained, in respect it brings not any considerable monies into the country in no way comparable to the loss, considering that the diet of poor labouring people and servants, who eat only bread and drink water, if eggs were restrained, might be bettered by getting eggs to his meat at an easy rate, or of his own, the breed of chickens, hens and capons would be in far greater abundance, so that they might sell at two pence, a groat and sixpence where they are now two groats, twelve pennies and eighteen pence, and where the eggs sell now at forty pennies sometimes, a groat might be sold for twelve pennies or eighteen pence, and where they give 5s 6d where the salt is made, they might sell their dearest for a tuppence, therefore to grant a restraint under the pain of confiscation of the eggs and £100 on every occasion to be incurred by the party transporter to be proved by witness or oath of party.
[1641/8/225]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the king's majesty and estates of parliament by James, earl of Montrose, Archibald, lord Napier, Sir George Stirling of Keir and Sir Archibald Stewart of Blackhall, knights, craving enlargement and liberty out of the castle of Edinburgh, where they are committed by warrant from the committee of estates of parliament, with the other supplication likewise given in to the king and parliament by Sir Robert Spottiswood and Sir John Hay knights, desiring also their enlargement and liberty out of the said castle of Edinburgh, where they remain incarcerated by warrant from the estates of parliament, together also with the supplication of Lieutenant Colonel Stewart for his liberty out of the said castle where he is incarcerated by warrant from the said committee of estates, being read and taken to consideration by the king's majesty and estates of parliament, his majesty and estates of parliament foresaid ordain the said James, earl of Montrose, Archibald, lord Napier, the lairds of Keir and Blackhall, Sir Robert Spottiswood, Sir John Hay, Lieutenant Colonel Walter Stewart and every one of them to be put to liberty out of the said castle of Edinburgh, where they are committed and incarcerated by warrant respectively foresaid, they and every one of them finding sufficient caution to behave themselves in such a quiet manner as may conduce most for the well and peace of the kingdom and according to the acts of parliament, wherein if they fail, the favour granted to them by the king and parliament to be null. And also the said supplicants and each one of them finding likewise caution to appear before the commissioners appointed by the king and parliament for trying the incendiaries and plotters, or quorum of the said commissioners contained in the commission granted thereupon, whensoever and at such time or times as the supplicants above-named or any of them shall be required to appear before the said commissioners or quorum thereof. And as for those incendiaries who are cited to the parliament and are out of the country, in case any of them shall return to this kingdom, his majesty and estates of parliament declare that those that shall return shall be obliged to find the like caution with the like certification as the supplicants above-named are ordained to find, which caution so to be found be those persons returning his majesty and estates ordain to be received by the lords of his highness's privy council; and declare that upon the finding of the said caution, those persons shall have liberty of their persons, and declare that this act for the caution mentioned therein shall only stand obligatory against the cautioners during the time of the foresaid commission appointed for the foresaid trial, which endures only to 1 March next only.