In plain parliament
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According to the which ordinance above-mentioned, compeared John [Erskine], earl of Mar, John [Fleming], earl of Wigtown, John [Lyon], earl of Kinghorn, George [MacKenzie], earl of Seaforth and David [Carnegie], earl of Southesk as cautioners for the said James [Graham], earl of Montrose, Archibald [Napier], lord Napier and Sir George Stirling of Keir; and also compeared Sir Ludovic Houston of that Ilk as cautioner for the said Sir Archibald Stewart, Sir John Spottiswood [of Dairsie], cautioner for the said Sir Robert Spottiswood [of Dunipace], Master William Hay, cautioner for the said Sir John Hay [of Bara], and Gabriel Cunningham as cautioner for the said Lieutenant Colonel [Walter] Stewart; and the said cautioners above-named became judicially acted and obliged as cautioners for the persons above-named for whom they are cautioners respectively as said is, and that as cautioners for the said supplicants to the effect, for the cause and with certification respectively above-mentioned contained in the said act and according thereto, and during the time above-written specified therein. It is thus subscribed: [John Erskine, earl of] Mar, [John Fleming, earl of] Wigtown, [John Lyon, earl of] Kinghorn, [George MacKenzie, earl of] Seaforth, [David Carnegie, earl of] Southesk, S[ir] L[udovic] Houston, John Spottiswood [of Dairsie], Master William Hay, Gabriel Cunningham.
[1641/8/227]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament by Master Alexander Colville of Blair, his majesty's justice depute, desiring the king's majesty and estates of parliament to give present order for payment to the supplicant of his bygone fees for his service in the foresaid office as justice depute since the year of God 1630, and for his assurance to get better payment in time coming, as the supplication more fully purports. Which supplication being moved to the king's majesty and estates of parliament, his majesty and estates foresaid remit the foresaid supplication and desire thereof to the exchequer to be considered by them.
[1641/8/228]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament by Master James Roberton, justice depute, desiring his majesty and estates of parliament to give order that the supplicant may be paid of his fee of £1,200 due to him for his service in the said office according to his gift, and that yearly for the space of four years and a half bygone, and to take a settled course for his payment in time coming, as the supplication at more length purports. Which supplication being moved to the king's majesty and estates of parliament, his majesty and estates foresaid remit the foresaid supplication and desire thereof to the exchequer to be considered by them.
[1641/8/229]*[print] [email] [cite] [preceding] [following]
The which day, regarding the supplication given in to the parliament by Alexander Cunningham, merchant burgess of Crail, making mention of the detriment sustained by him in England for refusing to give oaths prejudicial to the covenant, being kept 18 months in prison in the fleet at London and losing the benefit of his trade to the worth of £100 sterling, with £90 sterling of charges and £200 as the loss of his calling and £40 to the officers of the jail, which is in all £430 sterling, and therefore desiring the parliament so to take the same to consideration, as the supplicant may have reparation. Which supplication being upon 14 August last read in audience of the parliament, they found the desire thereof just and reasonable, and declared they would take the same in due time to consideration and provide course for the supplicant's reparation, according to the desire of the petition. Likewise thereafter the foresaid supplication being again motioned in parliament on 5 November instant, the same was then appointed to be given to the king's advocate to be delivered by him to the secretary to be presented to his majesty. Likewise upon 8 November, his majesty, being acquainted with the foresaid petition, was graciously pleased to refer the consideration thereof to the parliament, whereupon the parliament upon 11 November instant referred the consideration thereof to the committee underwritten, namely: [William Cunningham], earl of Glencairn and [John Lindsay], lord Lindsay† for the nobility; the lairds [Sir David Crichton] of Lugton and [Sir Thomas Myreton of] Cambo for the barons, and [James Sword], the commissioner of St Andrews and [John Semple of Stainflett, commissioner for] Dumbarton for the burghs, who upon 15 November instant found the desire of the petition very reasonable and thought it expedient that a warrant be granted to the commissioners for satisfying the supplicant of the sum of £430 sterling. And the foresaid supplication being of new again this day moved to the king's majesty and estates of parliament, and the same with the several reports and deliverances respectively before rehearsed being taken to consideration, the king's majesty and estates of parliament decree and ordain the foresaid sum of £430 sterling to be paid to the said Alexander Cunningham, supplicant, by the commissioners out of the first and readiest monies in their hands for the cause contained in the foresaid supplication.
[1641/8/230]*[print] [email] [cite] [preceding] [following]
The which day the supplication of Ludovic, earl of Crawford, craving to be liberated of his restraint, being moved to the king and parliament, [James Hamilton], marquis of Hamilton, [Archibald Campbell], earl of Argyll and [William Hamilton, earl of] Lanark earnestly entreated the king's majesty to liberate the supplicant and all others who were restrained upon occasion of the late incident, whereupon the king's majesty and estates of parliament ordain the said Earl of Crawford to be put to freedom and liberated from the said restraint
[1641/8/231]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty and estates of parliament, having read and considered the desire of the supplication given in to them by Lieutenant Colonel John Munro desiring to be put to liberty out of the castle of Edinburgh where he remains prisoner upon occasion of the French letter, as his supplication purports, his majesty and estates foresaid ordain the said Lieutenant Colonel John Munro to be put to liberty out of the said castle of Edinburgh where he is detained as prisoner.
[1641/8/232]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty and estates of parliament, having heard the petition given in by Captain William Stewart, son to Harry Stewart of Cougan, esquire, in Ireland, purporting that he is to petition the parliament of England for the reparations of the great losses and sufferings sustained by his said father upon occasion of his constant adhering to the National Covenant of the subjects of this kingdom, and in regard the petitioner himself has been also a sufferer for that same cause and was forced to retire himself to this his native country where he did serve as a captain faithfully the time of the late troubles and since has carried himself worthily as a good patriot in particulars of great concernment, therefore desiring his majesty and the estates to recommend the petitioner's and his father's condition and cause to the parliament of England, as the petition more fully purports. Wherewith his majesty and estates, being well advised and knowing perfectly the generous and loyal carriage of the said Captain William, whereof they do by this act give true and faithful testimony; they do therefore recommend him, his father and their cause to the favourable hearing of his majesty and the parliament of England that they may find that measure of their favour and benignity in upsetting their loss as may oblige the estates of this kingdom to the like retribution as occasion shall offer.
[1641/8/233]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the king's majesty and parliament by Robert, earl of Nithsdale, desiring the king and parliament to appoint a committee to hear him and such as he does complain upon and to decide therein as they shall think agreeable to equity, as the supplication more fully purports, being read in audience of the king's majesty and parliament, his majesty and estates of parliament have remitted and remit the foresaid supplication to the lords of his highness's secret council.
[1641/8/234]*[print] [email] [cite] [preceding] [following]
The which day, regarding the supplication given in to the king's majesty and estates of parliament by Sir James Ramsay, colonel of horses, bearing that it was not unknown to [Alexander Leslie, earl of Leven], lord general, and others of the supplicant's honourable and profitable employment in the French wars, and that for the respect he carried to his native country he did quit his place and charge there with his bygone arrears, amounting to £1,900 sterling, in addition to the hopes of the French king's gratuity, and that the supplicant did embrace the service of this his native country as a colonel of a regiment of horse, through which he has been put to great charges, and therefore desiring the king and parliament to take the premises to consideration and to cause give order for reparation of the supplicant's losses in such a way and measure as shall be thought expedient, as the supplication at more length bears. Which supplication being this day read in audience of the king's majesty and estates of parliament, his majesty and estates foresaid have remitted and remit the same supplication to the commission appointed by the king and the estates for the common burdens of this kingdom to be considered by them.
[1641/8/235]*[print] [email] [cite] [preceding] [following]
The which day, regarding the supplication given in to the king's majesty and estates of parliament by John, lord Sinclair, bearing that in the beginning of these troubles he was employed toward the northern parts of this kingdom for giving information to them of the reasons and grounds of the proceeding in reformation and advancing of the good cause, and bringing a regiment if it were possible from thence hither, which voyage the supplicant undertook and by God's assistance overcame the difficulties and passed through the most part of that division committed to his charge with such train and expense as was necessary for the public end and his security, and not only by true information brought the people to that conformity which has ever since continued them in quietness, but did levy and bring from thence a complete regiment, which yet does continue in the north for good use and has thereby relieved the public of the greater expense of a greater regiment formerly employed in these places. And seeing all these bygone troubles are happily quieted, the supplicant represents these to the king and parliament, desiring to take the premises and his supplication given in thereupon to consideration that he may have exoneration and approbation of his service and that such course may be taken thereupon as shall seem expedient, as the foresaid supplication in the self at more length purports. Which supplication being this day read in audience of the king's majesty and estates of parliament, his majesty and estates foresaid remit the same and desire of the supplicant therein to the committee appointed by the king's majesty and estates of parliament for the common burdens of this kingdom to be considered by them.
[1641/8/236]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the king and parliament by Sir John Stewart of Coldingham against Sir Robert Douglas of Coldingham, craving account and reckoning of the intromission with the said Sir John Stewart's estate and means, as the supplication in the self more fully purports, being this day moved to the king's majesty and estates of parliament, his majesty and estates foresaid have remitted and remit the foresaid supplication and desire thereof to the lords of his highness's secret council.
[1641/8/237]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament by William Dick of Braid, desiring the king and parliament to take to consideration the real advancement made by the supplicant to his highness's treasurer of his whole tack duty of the customs of the years of God 1637, 1638 and 1638†, with the supplicant's prejudice by the merchants' refusal of payment of the customs due for the ammunition imported by them these years and by the act made in June exempting ammunition imported from payment of custom, and therefore craving to grant either real and personal execution to the supplicant against the merchants and others that imported any ammunition the foresaid years for payment to him of their due customs, or else to allow retention to the supplicant of as much impost and other customs intromitted with and to be intromitted with by him as may be equivalent to his prejudice and loss foresaid, as the said supplication more fully purports; being this day read in audience of the king's majesty and estates of parliament, his majesty and estates foresaid have remitted and referred, and hereby remit and refer, the foresaid supplication to the lords and others of his highness's exchequer.
[1641/8/238]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament by William Dick of Braid, James Farquhar and certain others, craving recommendation from the king and parliament to the parliament of England for the supplicants' reparation for a ship and load thereof, taken from them by the English, being this day moved in parliament to his majesty and estates of parliament, his majesty and estates foresaid have remitted and remit the same to his highness's secret council.
[1641/8/239]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament by the poor widow Hunter and her children against James Crichton, son lawful to [William Crichton], earl of Dumfries, craving to be repossessed to their lands taken from them by the said James Crichton and to have the evidents thereof delivered to them, being this day moved in plain parliament to the king's majesty and estates of parliament, his majesty and estates foresaid remit the same supplication to his highness's secret council.
[1641/8/240]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament by Anna Inglis, lady Aiket, against William Cunningham of Aiket, her husband, regarding the wrongs therein mentioned done to her by her said husband, craving redress thereof and a modification for her maintenance, together with the citations used thereupon against the said William Cunningham before the parliament and what has past therein before the said parliament, being this day moved in parliament in audience of his majesty and estates of parliament, his majesty and estates foresaid have remitted and remit the foresaid supplication, with the citations and all that has followed thereupon or is done therein before the parliament in the state in which it now is, to his highness's secret council.
[1641/8/241]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament by [David] Curror against the Laird of Philorth and certain others, craving restitution of some corns and goods taken by them from the supplicant and that the parties may be punished, being this day moved to his majesty and estates of parliament, his majesty and estates foresaid remit the same to his highness's secret council.
[1641/8/242]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty and estates of parliament have remitted and remit the supplication given in to them by Jean Auchmuty against the parson of Benholm, her father-in-law, craving modification for her maintenance, to the lords and others of his highness's secret council to be considered by them.
[1641/8/243]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty and estates of parliament have remitted and remit the supplication given in to the parliament by James Sinclair of Scalloway and John Edmonston, minister at Yell, against Master James Mowat [of Ollaberry] and Ninian Niven [of Windhouse] and certain others, complaining upon the insolencies and wrongs committed by them in Shetland and craving redress thereof, as the supplication more fully purports, to the lords and others of his highness's secret council in the state in which it now is before the parliament. Wherein Master James Baird, advocate for the supplicants, protested for the expense of the witnesses and parties in respect of their long attendance here in town, and Master Roger Mowat and Adam Hepburn, procurators for the parties complained upon, protested in the contrary, and that their defences may be reserved and they heard before any witness be received.
[1641/8/244]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty and estates of parliament have remitted and remit the supplication given in to the parliament by [...] MacLeod against the Earl of Seaforth, craving repossession of his lands mentioned in the supplication in manner and for the reasons specified therein, to the lords and others of his highness's secret council.
[1641/8/245]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty has remitted and remits the supplication given to the parliament by Sir Patrick Hepburn of Waughton against Master James Raith of Edmonston, desiring liberty to lead his own teinds upon caution for payment according to the valuation, as the supplication purports, to the lords and others of his highness's secret council.
The last day of parliament
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The parliament of our most excellent prince Charles, by the grace of God, king of Scotland, England, France and Ireland and defender of the faith, held and concluded at Edinburgh on 17 November 1641 by the lord king himself and all the estates of the realm, along with the following officers of parliament, with [Gilbert Hay], earl of Erroll, constable, [William Keith], earl Marischal, marischal, and John White, dempster.
The suits having been called and the court fenced at last.
The same day, the king's majesty and whole estates of parliament, having ridden in honour and state of parliament with their parliamentary robes and other accustomed solemnities from his highness's palace of Holyroodhouse to the parliament house in Edinburgh, were this day convened in parliament for concluding thereof as follows:
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[1641/8/248]*[print] [email] [cite] [preceding] [following]
The king's majesty and whole estates of parliament being convened in parliament as is before mentioned.
The Lord Borthwick protested that the reading and calling of the rolls as they stand read and called this day, nor his riding and sitting in this parliament, does in no way prejudice him of that place and precedency due to him according to his birth rights and infeftments, but that it shall be lawful to him, according to his birth rights and infeftments, to claim place and precedency in parliament and all other private and public meetings according to the law; and hereupon asked instruments.
[Sir Thomas Myreton], laird of Cambo, for the sheriffdom of Fife, protested that the reading and calling of the rolls as the same stands this day called and the riding of the commissioners of shires in this present parliament should in no way be prejudicial to the place and rank due to the said sheriffdom of Fife and commissioners thereof in parliament.
[Sir David Home], laird of Wedderburn, for the sheriffdom of Berwick, protested that the reading and calling of the rolls and riding, sitting and voicing of the commissioners of shires in this present parliament should in no way be prejudicial to the sheriffdom of Berwick and commissioners thereof regarding their rank and place in former parliaments and in parliaments hereafter.
[Hugh Campbell], laird of Cessnock, in name of the whole barons, protested that the reading and calling of the rolls, the riding, sitting and voicing of the commissioners this day in this present parliament should in no way be prejudicial to any of the shires of this kingdom and their commissioners regarding the places and ranks due to the said whole shires and their commissioners in any parliaments hereafter.
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The which day, in presence of the king's majesty and estates of parliament convened in parliament, Alexander, earl of Galloway gave in a list of those to whom he was content to submit all controversies between him and the town of Wigtown and all others who had given in supplications against him before the parliament, namely: [John Erskine], earl of Mar, [Alexander Montgomery, earl of] Eglinton, [George MacKenzie, earl of] Seaforth, [John Maitland, earl of] Lauderdale and [David Carnegie, earl of] Southesk and [Sir Robert Grierson], laird of Lag. As also the town of Wigtown gave in their list, namely: [Archibald Campbell], marquis of Argyll, [William Cunningham], earl of Glencairn, Sir Thomas Hope of Kerse, William Rigg of Aithernie, James Cochrane, commissioner for Edinburgh, and John Semple [of Stainflett], commissioner for Dumbarton. And either of them nominate [John Campbell, lord Loudoun], lord chancellor, and [John Elphinstone], lord Balmerino, president of the parliament, or any of them being present, or to four for each party nominated as said is, with the arbitrator to decide in all controversies between the said parties, between now and 15 January next, with power to the said judges and arbitrator to prorogate etc.; and ordains the same submission to be recorded in the books of parliament.
[1641/8/250]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that the prices of all merchandise does daily rise to exceedingly great dearths, which is alleged to be occasioned through extraordinary customs and impositions, for remedy whereof, his majesty, with advice and consent of the said estates, does discharge all and sundry whatsoever customs and impositions exacted by the customs officers which are not allowed and approved by the acts of parliament, and especially the late custom of two and a half per cent and late new imposition of £4 upon the tun of wine, and all raising of his majesty's customs directly or indirectly without consent of parliament. And because that the too much troubling of the merchant estate and drawing of masters and mariners from their ordinary charges does much impede the trade, therefore his majesty, with advice and consent foresaid, discharges the taking of merchants', masters' and mariners' oaths in the matter of customs. And to the end that the subject of trade may not be restrained with unnecessary customs, therefore his majesty, with consent foresaid, declares that all goods and merchandise imported from foreign places to this kingdom and out paying inward custom shall be free of all outward custom, accordingly as is used in England and Ireland. Likewise his majesty declares that he consented to the act above-written upon this condition: that commission and warrant be granted to the exchequer to establish the book of rates, accordingly as the prices of merchandise now rule; and his majesty permitted the option to the burghs, whereupon the burghs, having advised, they made choice to be ruled by the book of rates regarding the customs and consented that commission should be granted to the exchequer to establish the book of rates, accordingly as the prices of merchandise now rule. In respect whereof, our sovereign lord and estates of parliament ordain a commission to be drawn up to the exchequer to the effect foresaid, and extracted thereupon for establishing the book of rates according as the prices of merchandise now rule. And therefore our said sovereign lord and estates of parliament ordain the act above-mentioned to stand as a law in manner and to the effect before rehearsed.
[1641/8/251]*[print] [email] [cite] [preceding] [following]
The which day, the act drawn up and set down regarding the prices to be taken by all writers, keepers of seals and registers and clerks within this kingdom being this day read in audience of his majesty and estates of parliament, his majesty and estates foresaid remit the same to his highness's secret council, with power to them to do to this effect therein as the king and parliament might have done; and ordains and declares that the sentence and determination of the council to be set down by them regarding this shall have the authority, force and effect of an act of parliament for this purpose.
[1641/8/252]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that his majesty was lately pleased to condescend to the humble desire of his majesty's estates of parliament to nominate by their advice and approbation his officers of state, of whom his majesty's high treasurer is one, and that his majesty for the present is not resolved upon the nomination of any particular person to enjoy the said place but has, with advice of the said estates, taken present course to supply the want of a principal treasurer by a committee; therefore his majesty, with consent of the said estates, makes, nominates and constitutes John [Campbell], earl of Loudoun, high chancellor of this kingdom, Archibald [Campbell], earl of Argyll, lord Campbell and Lorne, William [Cunningham], earl of Glencairn, lord Kilmaurs, John [Lindsay], lord Lindsay of Struther†, and Sir James Carmichael of that Ilk, knight, treasurer depute, his majesty's commissioners to the effect underwritten, and gives and grants to them, or any three of them, the full place and power of his majesty's high treasurer, comptroller, collector and treasurer of his majesty's new augmentations, [with all liberties, privileges, immunities, benefits and emoluments whatsoever pertaining to the said place of high treasurer, comptroller, collector and treasurer of his majesty's new augmentations]†, and that in as ample manner and quality as the same was in the persons of any of his majesty's high treasurers in any time of before. With power to them, or any three of them, to uplift, gather and intromit with all and sundry his majesty's rents, revenues, customs, imposts, casualties, commodities, duties and others whatsoever in any way belonging to his majesty within this kingdom or to his majesty's dearest son, the prince, and that of all years and terms bygone and yearly in time coming. And with power to them, or any three of them, with advice of the other commissioners of exchequer contained in his majesty's commission under the great seal, and according to the tenor thereof, to pass, compose and subscribe signatures, gifts, confirmations, escheats, liferents, remissions, tutories, gifts by forfeiture, recognition, wards, marriages, relief, non-entries, legitimations, presentations, tacks, rentals, licences, dispensations and other dispositions, writs and securities whatsoever pertaining to the said offices or any of them or to the power and privileges thereof, without prejudice always to the said Sir James Carmichael, treasurer depute, of his gifts of the office of treasurer depute, whole liberties, power and privileges contained therein, which are held as expressed herein, without adding or pairing to him in the point of receiving and without derogation in any sort to this present act and commission. And it is declared that the yearly fees and other casualties due to his majesty's principal treasurer, and especially the sum of £4,000 Scots money, shall be divided equally amongst the said first four of the said commissioners by the said treasurer depute who has right to his own fee and casualties by virtue of his gifts granted to him thereupon. And his majesty, with consent foresaid, ordains the lords of his majesty's privy council, session or exchequer to grant and direct letters at the instance of the said commissioners for answering and obeying them, their chamberlains, under-receivers and officers of all and sundry of his majesty's rents, casualties, customs, imposts and duties belonging to the said office, and that enduring the time of this present commission, which shall endure to the next parliament.
[1641/8/253]*[print] [email] [cite] [preceding] [following]
The which day, the king's majesty and estates of parliament ordain John [Campbell], lord Loudoun, chancellor, to receive the lords and others of his highness's privy council and the senators, ordinary and extraordinary, of the college of justice respectively, and take their oaths in their said admission thereto, according to the acts of this present parliament made regarding the nomination and election of the said councillors and sessioners to their said places respectively, and according to the commission granted by the king and parliament to the secret council.
[1641/8/254]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament desiring the king and parliament to remonstrate to the parliament of England the pitiful estate of the British in Ireland by the insolent rebellion and cruel outrages of the Irish there, that speedy course may be taken for their help, and in the meantime all volunteers permitted to go in that service, and arms furnished to them and some arms lent upon loan for the unarmed British in Ireland, as the supplication more fully bears, being publicly read in parliament in audience of his majesty and estates of parliament, the estates of parliament foresaid recommend and remit the foresaid supplication to his majesty's gracious consideration.
The which day the act presented in parliament ordaining that all poor people to be incarcerated hereafter shall be maintained upon the expenses of those who incarcerate them, being read in audience of the parliament, his majesty and estates of parliament remit the same and consideration thereof to the lords of his highness's secret council.
[1641/8/255]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of parliament, ratifies and approves the act of parliament made in August 1621, chapter 6, in so as the same concerns minors, and declares that the true meaning thereof was, and is, that minors having right to the legal reversion should be no further obliged than during their minority of 21 years of age but only for the annualrent of the sums contained in the comprisings, and that they lose not the right of the surplus of the mails and duties of the lands so far as the same exceeds the said annualrents during their said minority.
[1641/8/256]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament by Robert Pringle of Stichill concerning the payment to him of certain bygone customs of the Middle Marches, whereof he was tacksman, being read in audience of the king and parliament, his majesty and estates of parliament remit the same to his highness's exchequer to be considered by them.
[1641/8/257]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that diverse soldiers, as well foot as horse, who were employed, equipped and sent out with the armies and regiments levied during the time of the late troubles, having at their going forth and equipping received troop horses, arms, ammunition horses and baggage horses from the heritors of lands and others who did equip and send them forth, and that the said soldiers keep up and withhold or have put away the said horses and arms entrusted to them from the owners thereof; therefore our said sovereign lord and estates of parliament do hereby grant full power and warrant to the committee appointed from the parliament for regulating and settling of the common burdens and debts of the kingdom, and to all other judges ordinary, as well in burgh as countryside, within this kingdom within whose bounds any such persons dwell or can be found who have kept or detained either horses or arms, that the said judges do forthwith upon complaint of the party, owners of the said horses and arms, call before them the receivers, detainers or issuers of them, and to decree and ordain them to deliver the said horses and arms to the said owners or the prices of the same, their receipt of them being lawfully proven, and with power to the said judges to do everything as lawful and necessary regarding the premises agreeable to justice and the laws of the country.
[1641/8/258]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty, in presence of the estates of parliament, superscribed and signed the act of reprisal granted in favour of the Earl of Rothes and other owners of Captain [David] Robertson's ship.
[1641/8/259]*[print] [email] [cite] [preceding] [following]
The which day the supplication given in to the parliament by Master Alexander Pitcairn, minister at Tannadice, desiring a recommendation to the committee appointed for the common burdens for satisfying the supplicant's losses, and trying and punishing the committers thereof, being read in audience of the king's majesty and estates of parliament, his majesty and estates foresaid remit and recommend the same to the committee nominated and appointed for the common burdens of this kingdom.
[1641/8/260]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty and estates of parliament, having taken to their consideration the desire of a noble and potent earl, Alexander, earl of Leven, lord Balgonie, making mention of the great charge and trust put upon him by the estates and parliament of this kingdom whereby he was made general of their whole forces and armies by sea or land in their late troubles, which now being brought to a happy conclusion by the blessing of God, he therefore craves that the king's majesty and estates of parliament would receive an account of his actions and deportment in the said employment and disburden him of the same. And his majesty and estates of parliament, finding the said desire most reasonable, and having examined the said noble earl, his whole actions and carriage in the exercising of the said place and trust, and having compared the same with his commission, do find and declare that the said noble earl, Alexander, earl of Leven, designed in his commission Sir Alexander Leslie of Balgonie, has worthily acquitted himself of that great place and trust put upon him to be general of their armies, and has so nobly behaved himself in all the parts of his charge as he justly deserves their true testimony of his approved fidelity, worth and ability; and therefore his majesty and estates of parliament do not only liberate and exonerate him of all questions or challenge which can be made to him for his carriage in the said place in times bygone, but also, for the full demonstration of their due acknowledgment of his worthy carriage, do give him this well deserved testimony and approbation, to be recorded for posterity: that he has deserved nobly of the kingdom and in all his actions has expressed piety, valour, wisdom and good government.
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The which day the king's majesty and estates of parliament, having taken to their consideration the desire of the five general officers above-named, namely: the general of the artillery, General Major Baillie, General Major Munro, General Major Leslie and the general quarter-master, making mention of their several charges foresaid put upon them by the estates in the armies of this kingdom during the late troubles thereof, which are now brought to an happy conclusion, and therefore desiring that the king's majesty and estates of parliament would receive an account of their proceedings and deportment in their several employments and charges respectively foresaid, and disburden them thereof. And his majesty and estates of parliament, finding the foresaid desires most reasonable, and having examined the said general officers above-designed, their whole carriages in the exercising of their several charges respectively foresaid, and having compared the same with their commissions, do find and declare that they and every one of them has faithfully, diligently and carefully acquitted themselves of the foresaid several places and trust put upon them; and therefore his majesty and estates of parliament do not only liberate and exonerate them and every one of them of all questions or challenge which can be made to them for their carriages in the said places in times bygone, but also give them this approbation: that they have deserved well in the discharge of their said charges as loyal subjects to the king and true patriots to the country.
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The which day the king's majesty and estates of parliament give and grant full power, commission and warrant to Alexander [Leslie], earl of Leven, lord general.
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Our sovereign lord, with advice and consent of the estates of parliament, considering that by the 20th act of his majesty's dearest father, King James VI, his 10th parliament, for avoiding the prejudice that did then arise by the subscribing of sundry signatures and letters at the importunate suit and desire of sundry persons, his highness not being informed or timely warned to the effect and contents thereof, therefore his majesty, with the advice of the estates convened in parliament, did statute and ordain that no signature nor letter whatsoever shall be presented to his majesty in time coming except by his ordinary officers to whom the same properly belongs or who have power of docketing or presenting by their patents, as the act at more length bears. And his majesty, with advice and consent foresaid, also considering how prejudicial it is to his majesty's honour and the peace and good of his majesty's subjects that signatures of one and the same thing without his majesty's certain knowledge shall pass his majesty's hands in favour of several persons or that letters of contrary tenors shall be signed by his majesty and directed to officers and judges within this kingdom, the only occasion thereof is that others than the said officers or their deputes or others foresaid to whom the same may belong take upon them to present signatures and letters to his majesty for their friends and acquaintances, either not knowing the former signature or letters of contrary strain, or of set knowledge to reverse what has been done before, without giving of true reasons or information to move his majesty to sign these signatures or wrest contrary letters. For remedy whereof, his majesty, with advice and consent foresaid, ratifies and appoints the foresaid act in all the points thereof, and declares that it shall not be lawful or permissible to any person or persons whatsoever to present any signature, writ, letter or warrant to be signed by his majesty except by the said ordinary officers to whose office the same properly belongs, and by others foresaid having power and warrant as said is. And that his majesty may the better know what passes his highness's hand, and upon what grounds and reasons he signs the same, it is expedient that any of the said officers that shall present any signature, writ, letter or warrant to be signed by his majesty shall cause register the docket of the same in a register, and send the just and authentic duplicate thereof subscribed with their hand to his majesty's secretary, who shall be obliged to give his majesty notice and timeous warning of any prior deed different or contrary to the posterior, that his majesty may either refuse the same or specify his majesty's certain knowledge for passing and signing thereof.
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The which day the supplication given in to the king and parliament by George Foulis, craving approbation of his service as general of the mint-house of this kingdom and receipt of the fees thereof and a gift and continuation of the said office in time coming, being read in audience of the king's majesty and estates of parliament, his majesty and estates foresaid remit and refer the foresaid supplication and desire thereof to the lords and others of his highness's exchequer.
The which day the supplication given in to the king and parliament by Alexander, lord Forbes, craving that the king and parliament would recommend to the committee appointed for the common burdens of this kingdom and lords of his highness's secret council the consideration of the reparation of the supplicant's losses sustained by him in his service and engagement abroad for the Palatinate, and at home in the late troubles of this kingdom, being read in audience of the parliament, his majesty and estates of parliament remit the foresaid supplication to the committee appointed for the common burdens of this kingdom.
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The which day the king's majesty and estates of parliament, considering that his majesty consented to the act for discharging the custom of two and a half per cent, and the impost of £4 on the tun upon this condition: that warrant be granted to the exchequer to establish the book of rates, accordingly as the prices of merchandise now rule; likewise his majesty, having permitted the option to the burghs either to continue in the payment of the foresaid custom discharged or to be ruled by the book of rates to be set down by the exchequer, accordingly as the prices of merchandise now rule, the said burghs made choice to be ruled by the book of rates and consented to the foresaid commission. Therefore his majesty and estates of parliament have given and granted, and by the tenor hereof give and grant, full power and commission to the lords and others of his highness's exchequer of this kingdom to establish the book of rates regarding the payment of his majesty's customs, and for regulating thereof accordingly as the prices of merchandise now rule, and ordain the said lords and others of his highness's exchequer to regulate and set down the said customs accordingly as the prices of merchandise now rule as said is, concerning which his majesty and estates of parliament declare this commission to be a sufficient warrant.
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Our sovereign lord and the estates of parliament, taking to consideration the great and acceptable service done to this kingdom by Alexander, earl of Leven, general of the whole forces thereof during the late troubles, and being most willing to give him some token and testimony of their thankful remembrance of the same, have given and granted, and by the tenor hereof give and grant, to the said Alexander, earl of Leven all and whole the sum of 100,000 merks Scots money, to be paid to him, his heirs and assignees out of the first and readiest of the monies pertaining to the public at the feast and term of Lammas [1 August] next, in the year of God 1642. Likewise they do hereby will, command and require the commissioners for the public burdens to cause good and thankful payment of the said sum be made to the said Alexander, earl of Leven and his foresaids between now and the said term of Lammas next, and to pay the ordinary annualrent of the said sum in case of non-payment thereof at the term foresaid until the same be duly and thankfully paid, and declare that this present act shall be a full and perfect security for the payment thereof to the said earl and his foresaids in manner above-written.
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The which day our sovereign lord and estates of parliament, taking to consideration the service done to this kingdom by James, lord Almond, lieutenant general of the whole forces thereof during the late troubles, his majesty and estates foresaid acknowledge that the said James, lord Almond deserves a recompense for his carriage in that great charge as lieutenant general foresaid; and, being willing to give him some testimony and token of their remembrance of the same, his majesty and estates of parliament have remitted, and hereby remit, the quantity and manner of payment of the foresaid recompense to the committee appointed by the king and parliament for the common burdens of this kingdom.
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The which day the king's majesty, with advice and approbation of the estates of parliament, nominated and elected Alexander [Leslie], earl of Leven, lord general, to be captain and keeper of the castle of Edinburgh, to whom his majesty, with advice and approbation foresaid, commits the custody and keeping of the said castle and gives and conveys to him, as captain and keeper thereof, the whole rents, duties, liberties and privileges belonging and appertaining thereto to be possessed and intromitted with by him in time coming for the keeping of the said castle; which castle his majesty, with advice and approbation of the said estates of parliament, ordains to be put and kept in the condition the same was before the late troubles, and therefore ordains the said castle to be delivered to the said Alexander, earl of Leven and he put in possession thereof.
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The which day the king's majesty and estates of parliament, considering that Archibald [Campbell], now marquis and then earl of Argyll, in the month of August 1640, by the commission from the estates of parliament for the time, after some parley and articles of capitulation passed between him and Sir John Henderson, then captain of the castle of Dumbarton, did obtain the said castle and ammunition that was therein to be rendered to him in name of the said estates. Likewise the said committee of estates entrusted the said marquis with the keeping of the said castle in their name for the use of the public, which he has faithfully done. And therefore his majesty and estates ratify and approve the said marquis's proceeding and carriage in the receiving and keeping of the said castle, and hold the same as good service done by him to the country, and ordain him now to render the said castle of Dumbarton and whole cannon, ammunition and other moveables that are therein to the Duke of Lennox, to whom the same pertained and still pertains, or to any having his warrant, which is hereby declared to be a sufficient exoneration to the said Marquis of Argyll and his depute keepers of the said castle for the rendering thereof to the Duke of Lennox or any having his warrant as said is. And further, for removing of all jealousy or fear that may be conceived by keeping any garrisons or ammunition in the said castle, his majesty and estates of parliament statute and ordain that the whole soldiers, ammunition and cannon of the said castle of Dumbarton be presently transported forth thereof, and that none be put nor kept therein hereafter, and that the walls of the said castle be never repaired in all time coming. Likewise his majesty and estates foresaid declare that it shall not be permissible to the Duke of Lennox nor any in his name or having right from him to crave the rents of the said castle for the crop and year of God 1640 or any other year preceding that intromitted with by the said Marquis of Argyll as having warrant from the said committee of estates, but that the said marquis shall be only liable to account therefore to the committee appointed for the common burdens of this kingdom for the bygone charges of the said castle and the use of the public, without prejudice of the duke's right and re-entry to the castle rents of Dumbarton for the whole crop and year of God 1641 and in time coming, according to his right to be intromitted with by him or any other having his power and warrant, to the which whole premises above-mentioned the said Duke of Lennox and Marquis of Argyll, personally present in parliament, willingly consented.
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The which day the king's majesty and estates of parliament, considering that there is a commission granted in this present parliament to the persons nominated and appointed by the act of commission granted relating thereto, to convene with the commissioners chosen or to be chosen by his majesty, with consent of the parliament of England, and to consult, advise, treat and agree upon the special heads and articles mentioned in the said commission, and that there are not instructions set down by the parliament to the said commissioners, therefore his majesty and estates of parliament have given and granted, and give and grant, power and warrant to the lords and others of his highness's secret council for drawing up instructions to be given to the said commissioners regarding their proceeding in the foresaid treaty with the English commissioners, according to the foresaid commission granted to them relating thereto.†
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Our sovereign lord and estates of parliament ratify and approve a dissolution made by the provost and first prebendary of the college kirk of Corstorphine, with advice and consent of George [Forrester], lord Forrester of Corstorphine, undoubted patron of the said provostry, and of the other prebendaries of the said provostry, to and in favour of the late Laurence Scott of Harperrig, advocate, and Master William Scott, one of the clerks of session, his eldest lawful son, their heirs and successors, dissolving the kirk of Clerkington, fruits, rents and emoluments thereof from the said provostry and college kirk, to which the same was annexed before, to the effect the same may remain as a separate kirk and benefice dismembered therefrom in time coming, dated 17 May 1634; with a tack set by the foresaid persons to the said late Laurence Scott and the said Master William Scott, his son, and their foresaids, of the teinds, parsonage and vicarage, of the parish kirk and parish of Clerkington for all the days, space, years and terms contained therein, for payment yearly of the sum of £20 to the minister serving the cure at the said kirk, dated 4 June 1634, registered in the books of council upon the 20 June 1634; together also with a charter granted under the great seal by the king's majesty, with advice and consent of his highness's treasurer and other lords of exchequer for the time, to the said late Laurence Scott in liferent, and to the said Master William Scott, his son, his heirs and assignees in fee heritably, of all and whole the lands of Clerkington, with the pertinents and that part thereof called Braidwood, with mill, mill lands, multures and pertinents thereof, lying within the sheriffdom of Edinburgh, and of all and whole the lands of Friarton and pertinents thereof, with the privilege of a free regality within the bounds of the same, lying within the barony and regality of Broughton and sheriffdom foresaid, to be held of his majesty and his successors in feu in manner specified in the said charter, dated 10 July 1634, in all and sundry heads, articles and conditions thereof. And our sovereign lord and estates foresaid decree this present ratification to be as valid, effectual and sufficient to the said Master William Scott, now of Clerkington, and his foresaids as if the said writs and every one of them were word for word inserted herein; concerning which, and with all other defects, our sovereign lord and estates foresaid dispense, and that the said ratification be further extended with all clauses necessary.
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Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves a charter and infeftment granted by the late King James IV of worthy memory in the year 1496, to and in favour of the said burgh of Forres, burgesses and community thereof, of the lands called Greifeshipe, with the pertinents, Baillie Land, Meikle Boige, with the meadow called King's Meadow, Loureistoun with Cartheis and Ramflat, with the pertinents, with common pasture within the forest of Drumine, and Tulloch, with muirs, mosses etc. and free access and entry to and from the said forest and pasturage by the muir called Pilmuir, together with all liberties and privileges used and wont, and also of the water and fishing of Findhorn, from Dunduff to the bank of Findhorn, as well in the fresh water as salt thereof, with the whole other privileges, liberties and power of the same fishing contained in the same charter; and also making and constituting the aldermen, provost and bailies of the said burgh who should be for the time sheriffs within the same burgh, bounds and liberties thereof, with the power of the office of sheriffship in all things thereto belonging, in the same way as any burgh in such like office has within the kingdom, discharging the sheriff of Elgin and Forres then present or to come, and their deputes, of all exercising of their said office of sheriffship within the said burgh of Forres, bounds and liberties thereof forever, together with the whole other liberties and privileges contained in the said charter and infeftment, as the same of the date 23 June the year of God above-written in the self more fully purports, in the whole heads, articles, clauses, conditions, liberties and privileges mentioned in the said charter and infeftment, and specially, without prejudice of the generality foresaid, the said office of sheriffship within the said burgh of Forres and whole bounds and liberties thereof; together likewise with the precept and sasine following upon the foresaid charter, with all other infeftments, charters, sasines, rights and securities whatsoever made and granted by his majesty or any of his most noble progenitors in favour of the provost, bailies, council or community of the said burgh of Forres, of all and whole the same burgh and whole lands, fishings, pasturage, liberties, privileges and others pertaining and belonging thereto in the whole heads, clauses and conditions of the same, precept, sasine and other writs, rights and titles foresaid, saving and reserving always to our said sovereign lord and his successors the service, feu duties and other duties due and customary to his highness and his predecessors of the said burgh, lands, fishings, office of sheriffship, privileges and liberties thereof and others foresaid before this present ratification. Moreover, our sovereign lord and estates foresaid decree and ordain that the foresaid charter and infeftment, precept and sasine following thereupon and other rights foresaid with this present ratification thereof are and shall be good, valid and sufficient rights to the said provost, council and community of the said burgh of Forres and their successors for possessing and enjoying of the same burgh, whole lands, casualties, fishings, pasturages, office of sheriffship and whole other liberties and privileges belonging to the said burgh in all time coming without stop or impediment. And that this present ratification and generality foresaid shall be as valid and effectual as if the foresaid charter, infeftment and other rights foresaid were inserted at length herein, concerning which, and with all other objections or imperfections that can be alleged against the same charter, infeftment and other rights foresaid, or this present ratification thereof, our said sovereign lord and estates foresaid have dispensed and dispense by this ratification.
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Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the infeftment made and granted by his highness, as prince and stewart of this realm of Scotland for the time, after his perfect age of twenty one years complete, with advice and consent of the lords and others of the council of the said kingdom of Scotland nominated and appointed for administration of his highness's affairs within the said kingdom, under the great seal to the late John Crawford of Kilbirnie in liferent for all the days of his lifetime, and to John Crawford, now of Kilbirnie, his eldest lawful son, and to the male heirs to be procreated of his body, which failing, to the said John Crawford of Kilbirnie and his nearest and lawful male heirs and assignees whatsoever heritably under the reversions, conditions and restrictions mentioned therein, of all and sundry the lands underwritten, namely: all and whole the lands and barony of Kilbirnie in property and tenancy, with the fishings in the loch thereof and their pertinents, lying in the bailiary of Cunninghame and sheriffdom of Ayr; as also of all and whole the lands of Easter Greenock, lying within the barony of Renfrew and sheriffdom thereof, with all and sundry their towers, fortalices, manor places, yards, orchards, mills, multures, woods, fishings, dovecots, coals, coal pits, annexes, connexes, outsets, tenants, tenancies, service of free tenants, advocation, donation and right of patronage of kirks, benefices and chaplainries, parts, pendicles, and pertinents thereof whatsoever, all united and erected of before in a whole and free barony called the barony of Kilbirnie. And in like manner of all and whole the ten merk land of Fairliecrevoch, with tower, fortalice, manor place, houses, buildings, yards, orchards, corn and waulk mills thereof, mill lands, multures and sequels of the same, annexes, connexes, parts, pendicles and pertinents of the same whatsoever lying within the bailiary of Cunninghame and sheriffdom foresaid of Ayr, to be held of our said sovereign lord as then prince and stewart of Scotland and his highness's successors, princes and stewarts of the said kingdom of Scotland ward in manner specified therein, which infeftment is of the date at Edinburgh, 2 March 1624. And also the infeftment made and granted by our said sovereign lord as father, tutor, guider and lawful administrator to his highness's dearest son Charles, prince and stewart of Scotland, with advice and consent of his highness's treasurers, principal and depute, and other lords of his highness's exchequer of the foresaid kingdom of Scotland to and in favour of the said John Crawford, now of Kilbirnie, his male heirs and assignees whatsoever, of the superiority of all and whole the lands of Minokes† and Gill, with tenants, tenancies and service of free tenants thereof, lying within the barony of Stevenston, bailiary of Cunninghame and sheriffdom of Ayr foresaid, to be held likewise ward of our said sovereign lord's said dearest son and his highness's successors, princes and stewarts of Scotland in manner mentioned therein, and which charter is granted under his majesty's great seal of the date the [...] day of [...], 1637, together with the precepts and instruments of sasine respectively following upon the said two infeftments in all and sundry heads, articles, clauses and conditions contained therein, after the forms and tenors of the same; and wills and declares this present ratification to be as valid, effectual and sufficient in all respects as if the infeftments respectively above-written, precepts and instruments of sasine following thereupon were at length, word by word inserted herein; concerning which, his majesty, with advice and consent of the estates foresaid, dispenses for ever.
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Our sovereign lord and estates of this present parliament has ratified and approved and, by this legislation, ratifies and approves the charter granted by his majesty, with consent of his highness's treasurer, treasurer depute and other lords of his majesty's exchequer of this kingdom, under his highness's great seal, to his majesty's beloved James Melville of Halhill, his male heirs and assignees, of all and sundry the lands of Nether Grange of Kinghorn Wester, called The Mains, with the teind sheaves thereof included, and their pertinents, with the manor place, tower, fortalice or castle of Burntisland, commonly called the Castle of Burntisland, and with the mills of Burntisland, commonly called the Sea Mills of Burntisland, with the multures of the town of Burntisland, called Wester Kinghorn, with the astricted multures of all and sundry corns growing upon the ground and lands of the said town of Burntisland and of all other kinds of corns brought in within the said town, and steeping and kilning therein, with the knaveship and other duties and services whatsoever pertaining to the said mills called the Sea Mills, and of all and whole the east quarter of the said lands of Wester Kinghorn, with houses, buildings, yards, tofts and pertinents thereof lying within the regality of Dunfermline and sheriffdom of Fife, all erected in a free barony called the barony of Burntisland, to be held of his majesty and his highness's successors in feu ferm and heritage, as the said charter of the date 26 January 1638 at length bears. And also ratify and approve another charter granted by his majesty, with consent foresaid, under his highness's great seal, to the said James Melville, his heirs and assignees, of the lands of Easter Collessie, called Halhill, with tower, fortalice, orchards, yards, mills, mill lands, multures and sequels thereof, and also of the lands of Muirfield, with houses, buildings, tofts, crofts, parts, pendicles and pertinents, of all and sundry the said lands of Easter Collessie, called Halhill, mill thereof, and of the said lands of Muirfield with their foresaids, lying within the stewartry and sheriffdom of Fife, and of the teind sheaves and parsonage teinds of the said lands of Collessie, called Halhill, parts, pendicles and pertinents thereof, lying within the parish of Collessie and sheriffdom foresaid, to be held of his majesty and his highness's successors, as in the said charter made thereupon of the date 3 November 1625 at more length is contained; together with the precepts and instruments of sasine following upon the said charters, together with all and sundry other infeftments, sasines, confirmations and other evidents, rights and securities made to the said James Melville of Halhill, his authors or predecessors of and concerning the lands, mills, multures, teinds and others above-specified, of whatsoever dates, tenors or contents the same be of, in all and sundry heads, clauses, articles and conditions contained therein, after the forms and tenors of the same in all points. And his majesty and estates of the said parliament will and grant that this present ratification shall be as good, valid and sufficient as if the said charters, infeftments and others specially and generally above-mentioned were herein specially engrossed and inserted, concerning which, our said sovereign lord and estates foresaid have dispensed and dispense by this ratification.
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Our sovereign lord and estates of parliament ratify and approve the letters of gift granted by his highness's late dearest father of worthy memory to the late Master John Preston of Penicuik, collector general and treasurer of his highness's new augmentations and president of the college of justice of this kingdom of Scotland for the time, during all the days of his lifetime, and after his decease to the said Sir John Preston now of Penicuik, his son, there styled Master John Preston, likewise for all the days of the said Sir John's lifetime, of all and whole the feu mails, feu ferms and other duties of the lands after-mentioned, which pertained of before to the benefice underwritten as a part of the temporality of the same, and now pertaining to our sovereign lord by the act of annexation of all kirk lands to the crown and by other laws, acts and constitutions of the realm of Scotland, and that in name of pension to them during the said space, namely: all and whole the feu mails and feu ferm duties of all and sundry lands, mills, mill lands and other kirk lands whatsoever which pertained of before to the monastery and abbacy of Jedburgh as a part of the patrimony of the same, extending yearly to £380 usual money of this realm of Scotland; and also all and whole the feu mails and feu ferm duties of the lands of Provend pertaining to the prebendary of Ballanrikee, extending yearly to £107 10s money foresaid, together with the sum of £110 money and 24 bolls meal to be paid yearly out of the first and readiest feu ferm duties of the lands pertaining to Holywood and abbacy thereof by the late John [Maxwell], lord Maxwell and the rest of the feuars, possessors and occupiers of the temporal lands of the said abbacy of Holywood, together with the sum of £130 money foresaid to be paid yearly out of the first and readiest of the blench duties pertaining to the abbacy of North Berwick, and erected by his highness's said late dearest father in a free barony to the late Alexander Home of North Berwick, his heirs and assignees, as the said letters of gift of pension granted by our said late sovereign lord to the said late Master John Preston and Master John, now Sir John Preston, his son, the longest liver of the two, under his highness's privy seal, of the date at Whitehall, 10 April 1606 at more length bears. As also the letters of ratification granted thereupon by our sovereign lord king's majesty, with advice and consent of the late John [Erskine], earl of Mar, lord Erskine and Garioch, his highness's great treasurer, comptroller and collector or treasurer of his highness's new augmentations within the said kingdom of Scotland, and of Archibald [Napier], lord Napier of Merchiston, then his highness's depute in the said offices, and other lords, his highness's commissioners, of the said kingdom of Scotland, in favour of the said Sir John Preston, under his highness's privy seal, of the date at Whitehall, 20 June 1628, in all and sundry the heads, points, clauses, articles and conditions contained in the said principal letters of gift of pension and ratification thereof, and after the forms and tenors thereof in all points; and will, declare, decree and ordain the said letters of gift and ratification and confirmation thereof above-mentioned to be sufficient, lawful and effectual rights to the said Sir John Preston for possessing, enjoying, uplifting and receiving of the said yearly pension of the said sums of money and victual respectively out of the said benefices respectively, as well of all years bygone resting owed unpaid as yearly in time coming during his lifetime without any objection or impediment of law to be made in the contrary, after the form and tenor of the said letters of gift and former ratification made thereof in all points.
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Our sovereign lord and estates of parliament ratify and approve the signature superscribed by his majesty to and in favour of John, lord Lindsay† and his male heirs and assignees, therein dated at Holyroodhouse, 13 November instant, with the charter, precept and instrument of sasine to follow thereupon, of the lands and barony of Auchterutherstruther, with the pertinents, comprehending the particular lands, baronies, tenancies, rights and offices respectively, particularly and generally mentioned in the said signature held of old of the late archbishop of St Andrews and his predecessors and now held of the king's majesty, in respect of the abolishing of episcopacy and benefices thereof by the laws and acts of parliament of this kingdom; containing also a new gift of all the foresaid lands, baronies, tenancies, rights, offices, privileges and others foresaid, with a dissolution of all from the crown and patrimony thereof and from the archbishopric of St Andrews and all other benefices whatsoever to which they pertained or were annexed to of before, and erecting all in a whole and free barony to be called the barony of Auchterstruther, to be held of the king's majesty and successors for payment of the duties contained in the former and last infeftment thereof made by the late archbishop of St Andrews to the said John, lord Lindsay thereupon, in manner specified in the said signature, in all and sundry heads, points, articles, clauses and circumstances thereof; and will and grant and, for his majesty and his successors, with consent of the estates of parliament, decree and ordain that this present confirmation is and shall be of as great value, force, strength and effect to the said John, lord Lindsay and his foresaids, as if the foresaid signature were word by word expressed herein and also as if the charter, precept and instrument of sasine to follow upon the same were also inserted herein, concerning which, and with all that may follow thereupon, his majesty and estates of parliament have dispensed and by this ratification dispense for ever. And further, have dissolved and by this ratification dissolve the foresaid lands, barony, offices and others respectively contained in the said signature from his majesty's crown and patrimony thereof and from the said late archbishopric of St Andrews and from all other benefices whatsoever to which the same pertained or was annexed to of before, to the effect the foresaid lands, barony, offices and others respectively above-specified contained in the foresaid signature and infeftment to follow thereupon may remain with the said John, lord Lindsay and his foresaids, heritably and irredeemably held of his majesty and his successors, for payment of the duties contained in the said signature in all time coming.
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Our sovereign lord, with advice of the estates of this present parliament, considering the good, true and thankful service done to his majesty and his most noble progenitors by the provost, bailies, council and community of the burgh of Kirkcudbright and their predecessors in all time bygone, has ratified and approved and, by this legislation, ratifies and approves the charter and infeftment granted by his majesty to the said provosts, bailies, council and community of the said burgh of Kirkcudbright and their successors, containing therein not only a ratification of a charter and infeftment granted by the late King James II of worthy memory to the said burgh of Kirkcudbright, of the liberties and privileges thereof, with power to buy and sell lawn, skin, hides and all other kind of merchandise, and to have within the same all craftsmen belonging to a free burgh, with cross, tron, market and a market day weekly on the Sabbath day and public fairs yearly at the feast of Michaelmas [29 September] for ever, with certain lands, fishings, mills, multures, sequels, courts, fines, profits, duties, liberties, privileges and customs belonging to the said burgh as freely as the burgesses of the same burgh stood infeft by his majesty's predecessors therein and have been in use and possession thereof at any time bygone, which infeftment is dated at Perth, 26 October† 1466; together with a charter and infeftment of feu ferm granted by King James IV of worthy memory to the said provost, council, bailies and community of the said burgh of Kirkcudbright and their successors of all and whole the lands called the Castlemains of Kirkcudbright, extending to a forty shilling land, in manner specified in his majesty's rental thereof lying near the said burgh, within the stewartry of Kirkcudbright and sheriffdom of Dumfries, which charter is dated at Edinburgh, 26 February 1509 and of the king's reign the 22nd year, with the precept and instrument of sasine following thereupon, but also containing therein a new disposition to the said provost, bailies, council and community of the said burgh of Kirkcudbright and their successors of all and whole the same burgh of Kirkcudbright, ground and whole bounds within the bounds and marches thereof used and wont, and whereof they and their predecessors have been in possession at any time bygone, with cross, market, weekly market day, fairs and tron foresaid; and of all and whole the said lands called Castlemains of Kirkcudbright and their pertinents, with all and sundry customs and burghal ferms and duties of the said burgh and lands above-specified, and with all liberties, privileges, commodities, immunities, mills, multures, sequels, tolls, customs, possessions, courts, fines and others foresaid, with power to make and create burgesses within the said burgh, and with all other liberties and privileges contained in the said infeftment or whatsoever other infeftments made to them of before, which are held as expressed in the said charter, and also with power to them to keep a weekly market day either upon Friday or Saturday as they shall think expedient, with two free fairs in the year, one thereof at Michaelmas for the space of eight days, and the other fair on 1 May, called Beltane Fair, for the space of another eight days; with power likewise to them yearly at the feast of Michaelmas to elect and create a provost, two bailies, a treasurer, deacons of crafts, officers and other members necessary within the said burgh for governing of the same, and to keep and hold courts as any other burgh royal does, with all other privileges and liberties in manner specified in the said charter; and also containing a union and annexation therein of the said lands of Castlemains of Kirkcudbright with all other lands whereof they have been in possession, with the small customs, tolls and casualties of the said market fairs and tron to the said burgh liberties and incorporation thereof, with power to take sasine at the said market cross of Kirkcudbright for all, to be held of our sovereign lord and his successors in free burgh royal, feu ferm, fee and heritage forever, as in the said infeftment containing the said ratification, new disposition and union above-specified under his majesty's great seal of the date at Holyroodhouse, 20 July 1533 at more length is contained, together with the precept and instrument of sasine† following thereupon, and with all other infeftments, charters, sasines and other rights, titles, and securities whatsoever made and granted by his majesty or any of his majesty's most noble progenitors in favour of the said provost, bailies, council and community of the said burgh of Kirkcudbright, of all and whole the same burgh and whole lands thereof, foresaid liberties, privileges and casualties of the same, and others above-specified pertaining and belonging thereto in any time bygone preceding the date hereof, in the whole heads, articles, clauses, conditions and circumstances whatsoever specified and contained in the said charters, infeftments and sasines respectively above-specified, with all that has followed or may follow thereupon, saving and reserving always to our said sovereign lord and his successors rights, service and feu duties due and customary to his highness and his predecessors of the said burgh, lands, privileges and liberties thereof and to their foresaids before this present ratification. Moreover, his majesty and estates foresaid will and grant and for them and their successors decree and ordain that the foresaid charter and infeftment and sasine foresaid following thereupon, and other charters, sasines and rights respectively above-specified, with this present ratification thereof, are and shall be good, valid and sufficient rights and securities to the said provost, bailies, council and community of the said burgh of Kirkcudbright and their successors for possessing and enjoying the same burgh and whole lands, liberties, privileges and casualties thereof and others above-specified pertaining and belonging thereto in all time coming without stop or impediment, and also that this present ratification and generality thereof shall be as valid, effectual and sufficient to the said provost, bailies, council and community of the said burgh and their successors for that effect, as if the said charters, infeftments and sasine foresaid following thereupon, and all other charters, infeftments, sasines and rights respectively above-rehearsed were at length word by word inserted herein, regarding which and the generality thereof, and all inconveniences that may follow thereupon, as also with all other objections and imperfections (if any be) which may be opposed or alleged against the validity or invalidity of the same infeftments, sasines or other rights foresaid, or of this present ratification thereof, his majesty and estates foresaid have dispensed and dispense by this ratification.
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Our sovereign lord and estates of parliament ratify and approve to and in favour of James Sinclair of Scalloway, his heirs and assignees the charter made and granted by his highness's late dearest father of worthy memory to the late William Sinclair of Uyea, youngest of the three sons of the late Oliver Sinclair of Brew, his heirs and assignees heritably, of all and sundry the lands underwritten†, namely: the lands of Tagon, Kirkhouse, Grobsness, Clovagarth, Binstay, Wethersta, Husda, Burrafirth, Lunning, Grmiziefirth, Dury, Vidlin, Skerries, Neap, Sandsoull, Cloudoun, Sandwick, Westerhouse, Shawe, Symbister, Brutes, Busta, Whalsay, Aywick, Houlland, Papil, Gremista, Kirkabister, Gossabrough, Sandwick in West Yell, Bixter, Sellafirth, Guitshoir, Easter Garth, Rasfirrd, Skaw, Wtterskaw, Underhoull, Bound, Colvister, Sclaten, Ramnagoe, Ballista, Gunziasetter, Underhouse, Boddam, Dale, Sandwick, Crossbister, Underhoull, Wenstricke, Mulla, Scowlay, Still, Midgarth, Papil, Torvell, Garth, Cloudoun, Setter, Houstaine, Clovocasetter, Vezea, Balta, Southerhouse, Russetter, Houbie, Tostinstrand, Wadbister, Aith, Clate, Girlsta, Chaildernes, Dale, Houlland, Burraland, Easterhouse, Storniefirth, Haggersta, Northmuscoise, Southmuscoise, Tumblin, Sand, Olnafirth, Rerwick and others mentioned in the said charter, extending to the particular merk lands enumerated in the said charter, having the other special designations mentioned therein, with all and sundry their parts, pendicles and pertinents lying within the parishes of Delting, Nesting, Louhairsay, Yell, Unst, Fetlar, Whiteness, Weisdale, Aithsting, Sandsting and Dunrossness, within the sheriffdom of Orkney and foudery of Shetland, which lands pertained of before to the said late William Sinclair heritably by the rate and laudable use of the said country of Orkney and Shetland and of new conveyed to him by the said charter, as being in his majesty's hands as superior of the said country in manner specified in the said charter, which is of the date 5 March 1578. And also ratifying and approving the charter granted by our sovereign lord that now reigns, with advice and consent of his highness's treasurers, comptrollers and collectors principal and depute and other lords, his highness's commissioners, to the said James Sinclair of Scalloway, his heirs and assignees whatsoever heritably, of all and sundry the said lands and others contained in the said former charter, which pertained of before to the said William Sinclair of Uyea, and which were lawfully apprised at the instance of the said James Sinclair from Francis Sinclair of Uyea, as son and lawfully and specially charged to enter heir to the said late William Sinclair, his father, according to the act of parliament, in payment and satisfaction of certain sums of money due by the said Francis to him in manner specified in the apprising deduced thereupon and as is mentioned in the said charter, containing a union of the said lands and others contained therein in a whole and free tenancy called the tenancy of Uyea, in manner and to the effect mentioned in the said charter, which is under his highness's great seal of the date 6 March 1627. As also ratify and approve the letter of tack made by the late James Hay, vicar of Unst, with advice of the bishop of Orkney for the time, provost, canon and chapter of the said kirk to the late Arthur Sinclair of Aith and Margaret Colville, his spouse, parents of the said James, the longest liver of the two, and to their heirs mentioned therein during an heir's lifetime and for the space of nineteen years thereafter, of all and whole the vicarage of Unst and other teinds specified therein belonging to the said vicarage used and wont for the yearly payment of £120, with the exception and reservation contained in the said tack, which tack is of the date 3 and 30 April 1587; and the letters of disposition made by the said late Arthur Sinclair of Aith and Margaret Colville, his spouse, with consent of the late Laurence Sinclair, their eldest lawful son and apparent heir to the said James Sinclair of the said tack, of the date 14 August 1611 and 1 September 1612, with the decreet accordingly obtained thereupon. As also ratify and approve the charter of confirmation granted by his majesty's late father of worthy memory under the great seal of the date 17 October 1600, thereby ratifying and approving and for his highness's and his successors perpetually confirming the charter made and granted by the late Patrick Cheyne of Esslemont to the said late Arthur Sinclair of Aith, his heirs and assignees of certain lands contained therein, lying within the parish of Tingwall and lordship of Shetland, in the firm land as for the principal, and in special warrandice thereof, of all and whole two plough gates of land of the town and lands of Tarty, with the pertinents, lying within the parish of Logie Buchan and sheriffdom of Aberdeen, and the charter and disposition made by the said late Arthur Sinclair of Aith to the said James Sinclair, his heirs and assignees of the said lands above-written, principal and warrandice, conveyed to him by the said late Patrick Cheyne in manner specified in the said charter and disposition, which is of the date 11 August 1606, with the whole precepts and sasines following upon the said charters and each one of them. As also ratify and approve the other right and disposition made by the late Patrick [Stewart], earl of Orkney to the said late Arthur Sinclair, his heirs and assignees, of all and whole the lands of Flugarth, Sandavo, Seller, Burravoe and Scalloway, and their pertinents, lying within the parishes of Northmavine and Tingwall within the said country and foudery of Shetland and sheriffdom of Orkney and Shetland, for and in exchange of the lands and isle of Trondra pertaining of before to the said late Arthur Sinclair in udal, and conveyed by him to the said late Earl of Orkney, together with the right and disposition of the same made by the said late Arthur to the said James Sinclair and his heirs. And also ratify and approve all other infeftments, rights, titles and securities made and granted by whatsoever person or persons to the said James Sinclair and his foresaids of whatsoever lands and possessions lying within the parishes of Tingwall, Cunningsburgh, Whiteness, Weisdale, Aithsting, Sandsting, Northmavine, the isle and parish of Yell and isle and parish of Unst of whatsoever dates, tenor or contents the same be of in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points. And our said sovereign lord, with advice and consent foresaid, wills and grants and, for his highness and his successors, decrees and ordains that this present ratification of the said rights specially and generally above-written is and shall be as effectual and sufficient and of as great force, strength and effect to the said James Sinclair, his heirs and assignees for possessing of the foresaid lands, teinds and others above-written, according to the foresaid rights, as if the said whole writs were all at length and expressly word for word herein specially expressed, engrossed and inserted, notwithstanding that the same be not so done, concerning which, and with all other defects and imperfections which may be proposed or alleged against the said rights or any of them and validity of the same, or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever, and find and declare the said writs and evidents to be good rights whereby the said James and his foresaids may possess the said lands and vicarage teinds contained therein, according to the tenors of the said rights and to the laws of this realm in time coming.
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Our sovereign lord, with advice and consent of the estates of this present parliament, by this legislation, ratifies and approves the infeftment under the great seal made by his majesty's late dearest father, with advice and consent of his comptroller and general collector of his majesty's new augmentations for the time, nominated therein to his highness's beloved William Maxwell of Kirkhouse specified therein heritably, of all and whole the lands of Justenlees, with meadows, parts, pendicles and pertinents of the same, the kirk lands of Kirkpatrick-Fleming extending to ten acres of land, together with the advocation, donation and right of patronage of the kirk and whole vicarage of the parish kirk of Kirkbean, with the teinds, fruits, rents and emoluments whatsoever pertaining and belonging to the said vicarage, all lying within the stewartry of Kirkcudbright and sheriffdom of Dumfries, with the precept and instrument of sasine following thereupon, and the act of parliament made in the parliament held at Edinburgh, 4 August 1621, ratifying the said charter under the great seal in all points, articles and clauses contained therein, after the forms and tenors thereof, and declares, statutes and ordains that this present ratification of the charter, precept, instrument of sasine and act of parliament above-mentioned is and shall be as valid in all respects as if the same charter, precept, instrument of sasine and act of parliament above-specified were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof. And also his majesty, with advice and consent foresaid, finds, declares, statutes and ordains that the said charter, precept and instrument of sasine following thereupon, and the former ratification thereof in parliament, and this present new ratification of the same, are and shall be sufficient, valid and lawful rights and securities to the said William Maxwell and his foresaids for the peaceable possessing and enjoying in all time coming of the lands, teinds, patronages and others above-specified contained therein, according to the said charter and for payment of the duty contained therein, notwithstanding of his majesty's revocation, ratification thereof in this present parliament and all other laws, statutes and constitutions made or to be made in the contrary, concerning which his majesty, with advice and consent foresaid, dispenses in that part for ever.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies, approves and for his highness and his successors perpetually confirms the charter and infeftment made and granted by our said sovereign lord, for himself and as father and lawful tutor, administrator and governor of the law to his highness's dearest son Charles, Prince of Scotland and Wales, Duke of Rothesay, Albany, Cornwall and York, superior of the lands underwritten, to his highness's beloved John Shaw of Greenock and Helen Houston, his spouse, and longest liver of the two, in conjunct fee, and the male heirs lawfully procreated or to be procreated between them, which failing, to the said John Shaw, his male heirs and assignees whatsoever heritably, of all and whole the lands of Wester Greenock Shaw with the old castle site, castle, tower and fortalice and manor place, new built bounds, places, orchards and yards of the same, with the mill thereof and their pertinents whatsoever; and of all and whole an annualrent of 50s yearly to be uplifted and taken at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, out of all and whole the lands of Johnstone, with the pertinents, lying within the sheriffdom of Renfrew; and also of all and whole the lands of Drumelling and Spango Cunningham, with the woods of the same, and that part of the mill of Spango, mill lands, astricted multures and other multures thereof, with all and sundry the pertinents, except the three shilling, four penny land of the said lands lying on the east part of the lands and messuage sometimes occupied and possessed by John Ewing, all lying within the said sheriffdom of Renfrew, which infeftment is granted upon the said John Shaw's resignation; together likewise with the new gift and donation contained therein made and granted by our said sovereign lord, for himself and as father and administrator to his highness's said dearest son, the prince, with consent of his highness's principal treasurer and treasurer depute within this kingdom of Scotland for the time, to the said John Shaw, his spouse and their foresaids, of the lands and others particularly above-specified with the new erection contained in the said charter to the said John Shaw, his spouse and their foresaids of the town or village of Greenock in a free burgh of barony, to be called now and in all time coming the burgh of Greenock, with all privileges, liberties and immunities at length mentioned and contained in the said charter to be held of his highness's said dearest son Charles, prince and stewart of Scotland, and his successors, in fee and heritage and free barony for ever for service of ward and relief, as the said charter under his highness's great seal of the date at Greenwich, 5 June 1635 at more length bears; with the precept of sasine following upon the said charter under his highness's quarter seal of the date of the said charter, together also with the instrument of sasine following upon the said precept given to the said John Shaw and his spouse of the lands and others foresaid of the date 9 September 1635 under the note and subscription of Thomas Niven, notary public, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained in the said charter, precept of sasine following thereupon and sasine following upon the same, and after the forms and tenors thereof in all points, to have been from the beginning, to be now and in all time coming good, valid and sufficient evidents and securities, according to the tenors thereof, to the said John Shaw, his spouse and their foresaids for their heritable and peaceable holding, enjoying and possessing of the forenamed lands and others particularly above-specified, with the pertinents contained therein perpetually in all time coming, as their own proper heritage, according to their said rights thereof hereby ratified in all points in time coming as said is. And declares this present ratification to be as valid and effectual as if the foresaid charter, precept and instrument of sasine were word by word inserted herein, albeit the same be not so done, concerning which, our sovereign lord and estates of parliament have dispensed and hereby dispense for ever.
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Our sovereign lord, with advice and consent of the estates of parliament, considering that the burgh of Lauder is the special and head burgh within the bailiary of Lauderdale and sheriffdom of Berwick, and that there are great quantities of cattle, sheep, wool and other bestial to be sold within the said bailiary and sheriffdom, and that one of the days appointed for holding of one of their fairs is altogether unprofitable in respect of the shortness of the day, foulness of the weather that is usual at that time, deepness of the soil and greatness of the water of Leader running near the said burgh, which hinders both the bestial and goods then to be transported to and from the said burgh, and the lieges and people to come and go thereto (without great hazard), so that the inhabitants, not only of the said burgh, but also of the whole sheriffdom and bounds round about and others having business in the fairs thereof, greatly desire and have earnestly supplicated his majesty and his highness's commissioners and estates of parliament that there be a fair and market held and kept in the said burgh of Lauder upon 22 July, called St Magdalene's day, being in the midst of summer when the bestial, cattle, sheep, wool and other merchandise of that kind which are very plentiful and abounds in these parts are at their best, and may most commodiously be transported to and from the said burgh, and when the people may most conveniently and safely repair thereto to sell and buy, and without danger of the waters lying thereabouts, which his majesty and estates of parliament have thought reasonable and fit. Therefore his majesty and estates of parliament have given and by this ratification give and grant to the bailies, council, burgesses and inhabitants of the said burgh of Lauder and their successors a market and fair to be held and kept by them in the said burgh of Lauder upon 22 July, called St Magdalene's day, and to continue for eight days thereafter (as is usual) yearly and perpetually in all time coming; and therewith give and grant to them and their successors all tolls, customs, privileges, immunities and liberties pertaining to a free fair of a free burgh royal, to be possessed, enjoyed, held and used by the said bailies and community of the said burgh and their successors in the same way as any other burgh royal within this kingdom possesses, holds and uses the like fair and market and liberties thereof therein for ever. And our sovereign lord ordains an infeftment and gift (if need be) to be passed upon the foresaid fair or market yearly to be held as said is, and liberties thereof, tolls, customs, privileges and immunities thereof to and in favour of the said bailies, council and community of the said burgh of Lauder and their successors either (per se) or to be contained in any infeftment, gift or signature to be passed in their favour. And in the meantime ordains this present act to be a sufficient and lawful warrant to the said bailies, council, burgesses and community of the said burgh and their successors for possessing and holding of the said market and fair the time foresaid yearly, and that for taking up of the said customs, tolls and duties thereof, and for using all other liberties and privileges pertaining thereto in manner foresaid until the foresaid infeftment, gift or signature be passed or completed by his highness or his successors to them thereupon, under his highness's great seal in due form, notwithstanding that the same be not contained in any such gift or infeftment granted to them thereupon; concerning which his majesty and estates of parliament dispense by this ratification, and declare and ordain that this present market, fair, liberty and privilege thereof hereby granted shall be without prejudice to the said bailies, council and community of the said burgh and their successors regarding the holding and possessing of all former fairs and markets granted to them and their predecessors at any time bygone and whereof they are in possession. It being always declared that this ratification nor no clause thereof shall be prejudicial to the heritable right of bailiary of Lauderdale pertaining to [John Maitland], earl of Lauderdale, his heirs and successors, nor to any privileges, liberties or immunities pertaining to the said heritable bailiary within the said fair or any other fairs within the same.
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Our sovereign lord, with advice and consent of the estates of this present parliament, considering that the burgh of Jedburgh has only the privilege of one fair in the year, and that it is very necessary and will contribute and conduce much to the well and profit of the country and of his majesty's subjects in these parts about if the said burgh had the privilege of another two fairs yearly for the sale of their goods and cattle, in respect of the great multitude of goods and cattle in the borders and these parts of the country next adjacent to the said burgh, therefore our said sovereign lord and estates of parliament give, grant and convey to the provost and bailies, council and community of the said burgh of Jedburgh and their successors, provosts, bailies, council and community thereof all and whole the privilege and liberty of another two fairs yearly to be held at the said burgh of Jedburgh within the bounds of any part of the lands and liberties thereof where they shall think most expedient, the one thereof to be held upon 15 August, called the First Lady Day, and the other to he held upon 4 November, called St Leonard's Day. Likewise his majesty, with advice and consent foresaid, gives, grants and conveys to the said burgh, council and community thereof, and their successors, all privileges, customs, great and small, and other duties whatsoever pertaining to a free fair, with full power to them to uplift and receive the customs of the said fairs, and thereupon to convey at their pleasure and to do, exercise and enjoy all liberties and privileges in the said fairs in the same way and as freely in all respects as they have exercised or enjoyed in their former fairs, or as they or any other burgh of this kingdom having the power and privilege of free fairs has exercised or enjoyed, or may exercise or enjoy, the same in any time bygone or to come. And ordains this present act to be as valid to the said burgh of Jedburgh for their privilege of two fairs as if the same were passed his majesty's seals by way of signature, concerning which, his majesty, with consent foresaid, has dispensed and by this act, with advice and consent foresaid, dispenses for ever.
[1641/8/283]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the letter of rehabilitation made, given and granted by his highness, with advice and consent of his highness's trusty cousins and councillors, William [Douglas], earl of Morton, treasurer, comptroller, collector and treasurer of the new augmentations of his majesty's kingdom of Scotland for the time, and of John [Stewart], earl of Traquair, his highness's depute in the said offices for the time, and also of the other lords of his majesty's exchequer for the time, under the great seal to Margaret Stewart, daughter lawful to the late Hercules Stewart, brother to the late Francis [Stewart], sometime earl of Bothwell that last deceased, procreated between the said late Hercules and Mary Whitelaw, his spouse, whereby our said sovereign lord, with consent foresaid, of his highness's special grace and clemency, rehabilitated and reintegrated the said Margaret Stewart to her good fame, and to all whereof she was deprived and prejudiced by the process, sentence and doom of forfeiture led, deduced, given and pronounced against the said late Hercules, her said father, in a justice court held within the tolbooth of Edinburgh upon 25 July 1591, for certain crimes of treason and lese-majesty committed by him contained in the said process and sentence whereof he was convicted, and by diverse acts of parliament made thereafter and following thereupon his posterity were disqualified and made unable to possess and enjoy the lands, heritages, honours, dignities, privileges, rooms and possessions within the kingdom of Scotland. And also our said sovereign lord, with consent foresaid, accepted, received and restored the said Margaret in and to his highness's favour and grace against the said doom and sentence of forfeiture, whole accusations, crimes and contents of the same specified and contained therein and renounced, quitclaimed and discharged the same with all that had followed or might follow thereupon to and in favour of the said Margaret Stewart, her heirs and successors for ever. And likewise his majesty, with advice and consent foresaid, restored the said Margaret Stewart and her foresaids to all and sundry lands, heritages, tacks, steadings, rooms, possessions, actions, goods and gear whatsoever pertaining or which pertained or might pertain or in any way competent to her before the said forfeiture or since, to the effect that she, her heirs, successors or assignees might intromit therewith, call and pursue thereof according to the law, possess, enjoy, use and convey thereupon at their pleasure, with all profits of the same bygone and to come; and declared the said Margaret Stewart able, worthy and capable to pursue all actions competent to her in the same way and as freely in all respects and conditions as if the said sentence and doom of forfeiture had never been led nor pronounced against her said late father, and that notwithstanding the same forfeiture and whatsoever laws, civil or municipal, acts of parliament, secret council and other acts, laws or statutes of this realm made and set down or which might be extended or interpreted in the contrary hereof, regarding which our said sovereign lord, for his majesty and his successors, dispenses for now and ever; which letter of rehabilitation is of the date at Berwick, 27 July 1633, together with the said Margaret's service whereby she is served nearest and lawful heir to the said late Hercules Stewart, her said father, procreated between him and the said late Mary Whitelaw, her said mother, before the bailies of the Canongate upon 13 April 1636, together also with the retour following thereupon, in all and sundry heads, articles, clauses and conditions contained therein, after the form and tenor thereof in all points; and wills and declares that this present† ratification is and shall be as valid and effectual to the said Margaret Stewart and her foresaids as if the foresaid letter of rehabilitation, service and retour were inserted herein word by word, concerning which his majesty and estates foresaid dispense for ever.
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Our sovereign lord and estates of parliament ratify and approve the charter and infeftment granted by the king's majesty to Thomas Forbes of Waterton, his heirs and assignees contained therein, of all and whole the lands, fortalice and manor place of Abbotshall of Ellon, with the green yards and meadow thereof, the lands of Candiland with the mill, mill lands and pertinents thereof, and teind sheaves of the same, and also of all and sundry the teind sheaves of all and whole the lands of Waterton, Easter Ellon, Crawhead, with the mill lands thereof, Balmacassie, Colehill, Cassiegills, Pictillum, Smiddy Croft, Ruids of Ellon and Fuirdaill House, and of the 18 parts of the faulds of Carmuck, with the pertinents of the same, and also of the teinds of his salmon fishing upon the water of Ythan, as well by cobles† and nets as cruives, beginning at Netherfuird and ascending upward to Segefuird of Fyvie, all lying within the sheriffdom of Aberdeen, under his highness's great seal, of the date 29 March 1634, with the resignations thereof whereon the same proceeded and precept and sasine following thereupon; and also the infeftments, charters and rights made and granted by Charles [Seton], earl of Dunfermline and his predecessors to the said Thomas Forbes and Jean Ramsay, his spouse, the longest liver of the two, in conjunct fee, their heirs and assignees therein contained, or to any of the said Thomas's predecessors and authors, of all and whole the lands of Waterton, Easter Ellon and Crawhead†, with the corn and waulk mills thereof, mill lands, astricted multures, sucken and knaveships of the said lands, with all and sundry their houses, buildings, yards, tofts, crofts, outsets, insets, parts, pendicles and pertinents thereof lying as said is; and also the charters, infeftments and rights made and granted by the king's majesty and James [Ogilvie], then lord Deskford, now earl of Findlater, and their predecessors, to and in favour of the said Thomas Forbes and his authors, their heirs and assignees of the said salmon fishing upon the said water of Ythan, as well by cobles and nets as in the cruives thereof, beginning at the said Netherfoord and ascending upward to the said Segefurde of Fyvie; as likewise the charters, infeftments and rights made by the late pretended Archbishop of St Andrews and his predecessors to the said Thomas Forbes and his authors, their heirs and assignees of all and whole the said lands of Balmacassie, Colehill, Cassiegills, Pictillum, Smiddy Croft, Ruids of Ellon and Fuirdaill House and 18 parts of the said faulds of Carmuck and whole houses, buildings, yards and other pertinents of the same lying as said is, together with all precepts and sasines following thereupon and whole grounds whereon the same proceeds, of whatsoever dates, tenor and contents the same be of, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the forms and tenors thereof in all points, together with the said Thomas Forbes, his possession apprehended by him of the said lands, mills, teinds, fishings and others above-written with the pertinents by virtue of the said rights. And our said sovereign lord and estates of parliament will and grant, and for his highness and his successors decree and ordain that the generality of this present ratification is, nor shall in any way, be hurtful nor prejudicial thereto in any sort, but the same to be as effectual and sufficient and of as great force, strength and effect as if the said whole infeftments and rights specially and generally above-written hereby ratified were all at length word for word engrossed and contained in this present ratification; concerning which, and with all other defects, imperfections and objections which may be proposed or alleged in the contrary against the said rights or any of them and validity of the same, or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and, by this ratification, dispense for ever.
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Our sovereign lord and estates of parliament have ratified and approved and, by this legislation, ratify and approve a contract and appointment of the date at Edinburgh, Holyroodhouse and Canongate, 15, 1 and 24 days of [...] and March, 1636 and 1638, made between James, earl of Home, lord Douglas on the one part, and Dame Margaret Home, lady Doune and Anna Home, lady Maitland, with consent of their spouses and certain persons contained in the contract, on the other part, by virtue whereof and for the causes therein contained the said Ladies Doune and Maitland have sold and conveyed to the said James, earl of Home, his heirs and assignees, all and whole the lands, living and estate of Home, comprehending the lands, baronies, mills, woods, fishings, offices, kirks, teinds and others at length specified and contained in the said contract, as the same in itself at more length purports, together with the infeftments following thereupon made by the foresaid persons, by resignation in the hands of his majesty's commissioners in favour of the said James, earl of Home; and decree and ordain the right of all and whole the said lands, living and estate of Home, comprehending the said lands, baronies, mills, woods, fishings, offices, kirks, teinds and others specified in the said contract, to appertain and belong to the said James, earl of Home and his heirs specified therein, by virtue of the rights, resignations and dispositions made by the forenamed persons to him, and that for onerous causes undergone and fulfilled by the said James, earl of Home for obedience of our sovereign lord's decreet arbitral, whereby his majesty did decree and ordain the said James, earl of Home to pay to the forenamed persons great sums of money, and declare the said right and disposition made by the forenamed persons to the said earl was, is and shall be in all time coming a good and undoubted right to the said earl, whereby he may hold and possess the said living, estate and others conveyed to him as his proper heritage. And further our said sovereign lord, with advice foresaid, ratifies and approves to the said James, earl of Home the dignity and title of the Earl of Home, with all precedence due thereto, the said James, earl of Home being nearest male heir, served and retoured to the late James [Home], earl of Home that last deceased and to the late Alexander [Home], earl of Home, his father, first Earl of Home.
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Our sovereign lord, with the advice and consent of the estates of this present parliament, has ratified and approved and, by this legislation, ratifies and approves the charter and infeftment made and granted by his majesty, with consent of his highness's treasurer, treasurer depute and other lords of his majesty's exchequer, under his highness's great seal, to his majesty's beloved Master Alexander Belsches of Tofts, advocate, his heirs and assignees whatsoever heritably, of all and whole the lands of Easter and Wester Plewlands, with houses, buildings, yards, tofts, crofts, parts, pendicles and pertinents thereof whatsoever, lying within the sheriffdom of Berwick, of the date 10 July 1637, with the precept and instrument of sasine following thereupon, together also with all and sundry other infeftments, evidents, rights and securities made and granted to the said Master Alexander Belsches, his predecessors and authors of and concerning the lands and others above-specified, with the pertinents, of whatsoever dates, tenors or contents the same be of, in all and sundry heads, clauses, articles and conditions contained therein after the form and tenor thereof in all points. Likewise our said sovereign lord and estates of parliament will and declare that this present ratification is and shall be as valid and effectual as if the foresaid charters, infeftments and other writs hereby ratified were inserted at length and word for word herein, concerning which our said sovereign lord and estates foresaid dispense for ever.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment made and granted by the late Alexander [Lindsay], sometime bishop of Dunkeld, to his highness's beloved Andrew Skene of Auchtertool, his heirs and assignees whatsoever heritably, of all and whole the lands and barony of Auchtertool, with the manor place of Hallyards, houses, buildings, yards, orchards, outsets, insets, annexes, connexes, dependencies, parts, pendicles and pertinents of the same, whatsoever specially and particularly at length mentioned and contained in the said charter and infeftment lying within the diocese of Dunkeld and sheriffdom of Fife, to be held of the said late Alexander, sometime bishop of Dunkeld and his successor bishops thereof in feu ferm and heritage, for yearly payment of the particular feu ferms and other duties at length mentioned and contained in the said charter, as the same of the date the [...] day of [...], the year of God [...] at more length bears, with the instrument of sasine following upon the said charter under the note and subscription of [...], notary public; together also with the infeftment and gift granted by our said sovereign lord under his highness's great seal to Sir William Forbes of Craigievar, knight baronet, of the advocation, donation and right of patronage of the parish and parish kirk of Auchtertool, parsonage and vicarage thereof, and of the whole teinds, lands and kirk lands of the same pertaining and belonging thereto, with all and sundry their privileges and pertinents, lying within the said sheriffdom of Fife, with the alienation, disposition and procuratory of resignation therein contained made by the said Sir William Forbes to the said Master Andrew Skene of the said right and patronage of the said kirk and parish of Auchtertool, parsonage and vicarage thereof, and of the said whole teinds, lands and kirk lands of the same, of whatsoever dates, tenor, contents respectively the same be of, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points, to have been from the beginning, to be now and in all time coming good, lawful, valid and sufficient evidents and securities to the said Master Andrew Skene and his foresaids for their peaceable and heritable possessing and enjoying of the said lands and barony of Auchtertool, with the said manor place of Hallyards and pertinents thereof foresaid, and right of patronage of the said kirk of Auchtertool and whole teinds, lands and kirk lands thereof, without contradiction, quarrel or question to be made in the contrary. Moreover our said sovereign lord, with consent foresaid, has determined and declared and, for his highness and his successors, perpetually statutes and ordains the said charter and infeftment, containing precept of sasine therein and instrument of sasine following thereupon, of the said lands and barony of Auchtertool, with the said manor place of Hallyards, and the said infeftment and gift of the said advocation, donation and right of patronage of the said parish and parish kirk of Auchtertool, parsonage and vicarage thereof, and whole teinds, lands and kirk lands of the same pertaining and belonging thereto, with the said alienation and disposition and procuratory of resignation contained therein made by the said Sir William Forbes in favour of the said Master Andrew Skene of the same, hereby ratified in manner foresaid, to be a valid, lawful, heritable and real right and security to the said Master Andrew Skene and his foresaids for their peaceable holding, enjoying and possessing of the said lands and barony of Auchtertool and manor place of Hallyards, houses, buildings, yards, orchards and pertinents of the same, and right of patronage of the said kirk of Auchtertool, parsonage and vicarage thereof, and whole teinds, lands and kirk lands of the same heritably and perpetually in all time coming as their own proper heritage, without any contradiction to be made in the contrary.
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Our sovereign lord and estates of parliament ordain an act to be made therein in favour of his highness's beloved Sir Thomas Nicolson of Carnock, knight baronet, advocate, ratifying and approving the two charters made and granted by our sovereign lord the king's majesty, with advice and consent of his highness's treasurers, comptrollers and collectors principal and deputes and other lords of his highness's exchequer of Scotland, his highness's commissioners, to the said Sir Thomas Nicolson, his heirs [...] assignees therein contained heritably; the one of the said charters of and upon all and whole the lands and barony of Carnock, comprehending the particular towns, lands and mills and others contained in the said charter upon the resignation of the late John Drummond of Carnock, under his highness's great seal, of the date 15 February 1634, and the other of the said charters of and upon all and whole the lands and barony of †Plane, comprehending the particular towns, lands, mills and others contained therein upon the resignation of the late James Somerville of Plane and others having right thereto, under his highness's great seal, of the date 28 June 1634, both the said lands and baronies, with their pertinents, lying within the sheriffdom of Stirling; and the new gifts and unions of the said lands and others contained in the said two charters in two baronies called the baronies of Carnock and Plane in manner contained in the said two charters, and either of them, as the same in themselves at more length bear, with the procuratories and instruments of resignation whereon the said charters and infeftments, and either of them, proceeded, and the precepts of sasine and instruments of sasine following upon the same two charters and infeftments, and either of them, and with all other infeftments, sasines and other rights granted by his highness to the said Sir Thomas and his authors and their predecessors of, upon and concerning the said lands, baronies and others above-written or of any of them of whatsoever dates, tenors or contents the same be of, in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament declare, decree and ordain that this present ratification of the said charters, infeftments and other rights specially and generally above-written hereby ratified as said is, is and shall be as effectual and sufficient and of as great force, strength and effect as if the same charters and rights were all at length and expressly word for word herein engrossed and inserted, notwithstanding the same be not so done, concerning which and with all other defects, imperfections or objections which may be proposed or alleged against the same rights or any of them, or this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever. And further, our said sovereign lord and estates of parliament decree and statute the said two charters and infeftments hereby ratified to be a valid and undoubted right to the said Sir Thomas Nicolson and his foresaids for possessing and enjoying the said lands and baronies respectively above-written and others contained therein, and whole parts, pendicles, liberties and pertinents thereto belonging as their own proper heritage in time coming, according to the tenors of the said two charters and infeftments above-mentioned in all points, notwithstanding of any objections may be made in the contrary, which his majesty and estates remit for ever.
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Our sovereign lord and estates of this present parliament have ratified, approved and confirmed and, by the tenor hereof, for his highness and his successors, ratify, approve and confirm the charter and infeftment granted by his majesty under his highness's great seal, of the date at Whitehall, 24 March 1630, to his highness's beloved Master John Skene, one of the ordinary clerks of the college of justice, his heirs and assignees whatsoever heritably and irredeemably, without any reversion, redemption or regress, of all and whole the lands and barony of Hallyards, comprehending therein all and sundry the lands of Hallyards with the principal messuage, manor place, houses, buildings, yards, orchards, meadows and all their pertinents, and also all and sundry the lands and mains of Hallbarns, with their pertinents, together with the teind sheaves and other teinds, rents, fruits and emoluments, as well parsonage as vicarage, of the said lands of Hallyards and Hallbarns respectively therein included, which were never separated from the stock and all their pertinents lying within the barony of Listoun and sheriffdom of Edinburgh as for the principal; and also of all and whole the lands and barony of Libberton, comprehending therein all and sundry the town and lands of Libberton and eight oxengate of land of Muirhouse, with the tower, fortalice, manor place, houses, buildings, yards, orchards and other parts and pendicles of the said lands of Libberton, mill thereof, mill lands, multures and sequels of the same, outsets, annexes, connexes, dependencies, tenants, tenancies, service of free tenants thereof, and all their pertinents, extending in the whole to a forty pound land of old extent; and also all and whole the town and lands of Quothquan and Cormiston, with the mill of Quothquan, mill lands, multures and sequels thereof, commonties, parts, pendicles and all their pertinents, all lying within the lordship and barony of Carnwath and sheriffdom of Lanark, and that in special clause of warrandice and security to the said Master John Skene and his foresaids of all and sundry the said lands of Hallyards and Hallbarns respectively, with the teinds, teind sheaves thereof and others respectively with their pertinents foresaid, under the conditions and provisions always in manner specified in the said infeftment, to be held of our sovereign lord and his highness's successors, namely: the said lands of Hallyards and Hallbarns, with the teinds included, conveyed as principal in feu ferm and free barony for ever, for payment of a yearly feu duty of 100 merks money of this realm, and the said lands of Libberton, Muirhouse, Quothquan and Cormiston, with their mills, conveyed in warrandice in a free barony, called the barony of Libberton, for payment of a yearly blench duty of a pair of red hose in manner contained in the said infeftments, with the precepts and instruments of sasine following thereupon, in the whole heads, clauses, articles and conditions thereof. And his majesty and estates will and declare that this ratification shall be as valid and effectual as if the said charter, precepts and instruments of sasine were inserted word by word, concerning which his majesty and estates by this ratification dispense. Moreover, our said sovereign lord and estates of this present parliament will and grant and, for his highness and his successors foresaid, declare, decree and ordain that the said charter, infeftment, precept of sasine, with the sasine following thereupon and this present ratification thereof, are and shall be sufficient rights and securities to the said Master John Skene, his heirs, successors and assignees for their peaceable possessing, holding and enjoying of the said lands and baronies, both principal and warrandice respectively above-specified, with the teind sheaves, as well parsonage as vicarage thereof, included, and others above-specified, with their pertinents, heritably in manner contained in the said infeftment at their pleasure in all time coming, and according to the foresaid charter and infeftment in all points, notwithstanding of whatsoever objections may be made in the contrary, which his majesty and estates renounce for ever.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, by the tenor hereof, ratify and approve, for his highness and his successors in all time coming, to and in favour of the present deacon, treasurer and other brethren freemen of the weavers and burgesses of Edinburgh and their successors, a seal of cause granted in their favour in the month of January 1475 by the provost, bailies and council of Edinburgh for the time; together with a posterior seal of cause granted by the said provost, bailies and council of Edinburgh for the time to and in favour of the said deacons, treasurer and other brethren of the said weaver trade for the time and their successors, dated in the month of November 1584; together also with a decreet of the lords of privy council, dated at Holyroodhouse, 13 January 1603, in favour of the said weavers and cloth waulkers within this realm, regarding the restraint by merchants and traffickers of any linen or wool yarn under the pain of confiscation of the same, with the proclamation made by sound of trumpets and displayed coats of arms at the market cross of Edinburgh on a market day, being 17 January 1603; together likewise with a decreet given and pronounced before the lords of council and session upon 11 January† 1614 with the parties appearing in the court of appeals to and favour of the deacon, quartermasters and other brethren of the weaver trade of the said burgh of Edinburgh for the time and their successors, against the weavers, unfreemen in the Canongate, Potterrow, West Port and other parts thereabouts, finding them to have done wrong in coming within the liberty of the burgh of Edinburgh and receiving of yarn or stuff from the inhabitants thereof, and therefore determining and ordaining them to desist and cease therefrom in time coming, in all and sundry heads, articles, clauses, conditions and circumstances thereof whatsoever, with all that has followed or may follow thereupon. And further, his majesty, with advice foresaid, wills and declares and, for his highness and his successors, perpetually decrees and ordains that this present ratification is, and in all time coming shall be, of as great force, strength and effect to the said deacon, quartermasters and other brethren of the weaver trade, freemen of Edinburgh present and to come, for their peaceable exercising and enjoying of their trade and calling of weaver craft, without interruption by any unfreemen in burgh or landward by taking away of linen or woollen yarn or yet by coming in within the liberty of Edinburgh or receiving of yarn or stuff from the inhabitants thereof as said is, in the same way as if the said two seals of causes, decreets before the lords of secret council and session of the dates, tenors and contents respectively above-written were at length and expressly inserted and engrossed herein, concerning which his majesty, with advice foresaid, for him and his successors, has dispensed and dispenses for now and ever by this ratification. Excepting out of this present ratification the restraint of the exportation of yarn, the discharge whereof the king and estates remit to the commission granted for manufactories to be considered and determined by that commission accordingly as the weavers shall qualify before that commission the expediency and necessity of the said restraint. Reserving likewise unprejudiced by this ratification the privilege granted to manufactories by the said commission appointed for establishing thereof, and ordains the said weavers in whose favour this ratification is granted to do their work as well, as cheap and as timeously as any others of their craft and trade at the sight of the magistrates and town council of Edinburgh. And ordains letters of publication to be directed hereupon by deliverance of the lords of council and session at the instance of the present deacon, quartermasters and brethren of the weavers, freemen burgesses of Edinburgh for themselves and in name and on behalf of their successors against all and sundry unfreemen and others whatsoever, in burgh or landward, for prohibition of them of taking away of linen or woollen yarn and coming within the liberty of Edinburgh, receiving of yarn or stuff from the inhabitants thereof, except as is before excepted, under the pain of confiscation of the same as said is, so that none of them pretend ignorance of the same in time coming.
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Our sovereign lord, with advice and consent of the estates of this present parliament, considering that there was an act of parliament formed and set down and presented and given in before his majesty and estates of the parliament held at Edinburgh in the month of July 1633 by the provost, bailies and council of Edinburgh for the sum of 12,000 merks money of this realm to be uplifted yearly of the whole inhabitants and indwellers within the said burgh, the lords of his majesty's council and session being only excepted, according to the quantity and proportion of the mail they pay or the houses where they reside, may pay to be applied only for the sustentation of the ministers within the said burgh of Edinburgh, which being duly considered by his majesty and estates of the said parliament held at Edinburgh in the said month of July 1633, his majesty, with the advice of the estates of the said parliament, was graciously pleased to remit and recommend the same to the lords of his majesty's privy council, to whom his majesty and estates foresaid gave full power and commission to consider, advise and try the same act with the equity, necessity and expediency thereof, and to decide, statute and determine therein as they shall think expedient for the good and well of his majesty's lieges, and ordained the decreet, statute, ordinance and determination to be made, given and pronounced by the said lords of privy council regarding the said act to have the strength, force and effect of a sentence and act of parliament in all time coming, as the said act and reference of the parliament made to his majesty's privy council at length bears. Likewise the said lords of secret council, by their decreet and act of the date 18 March 1634, found and declared that the course and order prescribed and set down in the act foresaid, given in by the said provost, bailies, council and community of Edinburgh to his majesty and late parliament foresaid, touching their ministers' stipends and settling thereof, is a very good and fair course tending to the well of the said burgh and settling the ministry thereof in their stipends, with this special provision and exception: that the lords of his majesty's secret council and the lords of the session shall in no way be subject to contribute to this imposition; and with certain other declarations mentioned in the said decreet or act of council, as in the same act or decreet of the said lords of secret council of the date above-written at more length bears. And also there was an act made by the said lords of secret council of the date 11 July 1637, finding that the members of the college of justice, the advocates, clerks and writers, are exempted from the said act of parliament, whereby all the inhabitants within the said burgh of Edinburgh (except the lords of secret council and session) are made liable to be taxed towards the payment of the said ministers' stipends, according to the proportion of the mail of the houses wherein they dwell, and declared them to be included in the foresaid exception made in favour of the said lords of council and session in regard of the said advocates, clerks and writers their voluntary offer to contribute a proportional tax towards the payment of the said ministers' stipends, as in the said act of secret council at more length is contained. Which act given in to his majesty† of the said late parliament of 1633, and the reference thereof foresaid to the said lords of privy council and their said act and decreet following thereupon, were ratified and approved by his majesty by his highness's letter of ratifications under his highness's great seal of the date at Whitehall, 19 January 1636, as the said ratification under the great seal of the date above-written at more length bears. And also there was an act made in the books of sederunt of the session of the date 28 July 1637, making mention of the offer made by the advocates, clerks, writers and other members of the college of justice for themselves and their successors in the said places and offices respectively to pay yearly in manner mentioned in the said decreet to the provost, bailies, council and community of the said burgh and their treasurers, collectors and others to be appointed by them present and to come, and that all to the benefit of the said ministers serving the cure within the said burgh, all and whole the sum of 11d money of this realm out of each 20s of mail, which shall be paid by the said members of the college of justice for their houses, chambers and booths occupied and possessed by them or otherwise according to the same proportion pertaining to the stent of the houses, chambers or booths possessed by them by heritage, liferent or favour, and that yearly and termly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, beginning the first term's payment thereof at the feast and term of Whitsunday [28 May] 1637 under the special reservation and condition made by the said advocates, clerks, writers and other members of the said college of justice that the said voluntary offer should in no way be prejudicial to them of all their privileges, liberties and immunities whatsoever, and that the said offer was accepted by the said provost and bailies of the said burgh of Edinburgh for themselves and in name of the council and community thereof, and their successor provost, bailies, council and community of the said burgh with the express provision, condition and reservation of the privileges foresaid, to the which voluntary offer and acceptation foresaid the said lords of council and session interposed their decreet and authority. Therefore our said sovereign lord and estates of this present parliament, finding the matter above-written to be reasonable and to tend to the advancement of religion and furtherance of the ministers serving the cure within the said burgh of Edinburgh to competent stipends have ratified and approved, and by this legislation ratify and approve the foresaid act which was given in to his majesty and estates of the said former late parliament, the reference thereof above-written to the said lords of privy council, the foresaid decreet or act following thereupon given and pronounced by the said lords of privy council, the foresaid letter or ratification of the same act, reference thereof and decreet of the said lords of privy council under the great seal, the foresaid other act of the said lords of privy council and the foresaid act made in the said books of sederunt of session of the dates respectively above-mentioned, in all points, heads, articles, clauses and conditions contained therein, after the forms and tenors thereof; and declare this present ratification of the same to be as valid, effectual and sufficient in all points and respects as if the same were at length and word by word inserted herein, dispensing by this ratification with the not inserting thereof; and ordain the first term's duties respectively above-specified contained in the said acts respectively to be and begin at the said feast and term of Whitsunday in the said year 1637, and so forth yearly and termly thereafter at the said two terms in the year, Whitsunday and Martinmas in winter, by equal portions perpetually in all time thereafter, and also ordain letters, executorials and execution to be directed, used and executed hereupon, and upon the said acts respectively above-specified in manner therein expressed, according to the tenor thereof.
[1641/8/292]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the 13th act of his majesty's late parliament held at Edinburgh in the month of July 1633, entitled, 'Regarding regalities of erections', contains in the end thereof that it was declared, determined and ordained that the lands and barony of Broughton, comprehending the towns, lands, burgh in barony, mills and others mentioned in the infeftments granted by his majesty under his highness's great seal to his highness's right trusty cousin and councillor Robert [Ker], earl of Roxburghe, of the date the [...] day of [...] 1630, shall not be comprehended in the said act, excluding the same all utterly therefrom to remain with the said Earl of Roxburghe, his heirs and successors after form and tenor of the infeftments made to him and his authors of the same. And also that there is another act made in the said parliament, being the 14th act thereof, being entitled 'Regarding superiorities of kirk lands', whereby the same are declared to appertain to his majesty and his successors in manner specified therein, likewise by contract passed between the said Earl of Roxburghe, with consent of our said sovereign lord, for his majesty's right and interest to the lands, barony and others specified therein. And also our said sovereign lord for himself, with consent of his majesty's treasurers, comptrollers, collectors and treasurers of his highness's new augmentations, principal and depute, nominated therein, and of the other lords of his highness's exchequer, his majesty's commissioners, and with consent of the said Earl of Roxburghe and Dame Elizabeth Kerr, Lady Broughton and them all with one consent and assent on the one part, and the provost, bailies, ministers and council of the city of Edinburgh as feoffors in trust and governors of Heriot's Hospital, and also the said provost, bailies and council of Edinburgh, for themselves and their successors, representing the body and community of the good town of Edinburgh to their own use respectively on the other part, of the date at Holyroodhouse and Whitehall, 19 and 11 November and December 1639 regarding the alienation and disposition made to the said provost, bailies and council of the said burgh of Edinburgh, for themselves and their successors, representing the whole body and community of the same burgh, heritably and irredeemably, of the burgh of regality called the Canongate and of sundry other proper lands, superiorities, privileges of regality and justiciary and others particularly mentioned in the said contract, and regarding the alienation and disposition made to the said provosts, bailies, ministers and council of the said burgh of Edinburgh, feoffors in trust above-designed to the use and benefit of the foresaid hospital, called Heriot's Hospital, heritably and irredeemably, of all and whole the town and lands of Broughton and certain other lands, mills, feu ferms, privileges of regalities and other privileges, liberties and others particularly mentioned in the said contract. Our said sovereign lord, with consent of the forenamed persons mentioned in the same contract, declared that the foresaid exception or declaration in favour of the said Earl of Roxburghe subjoined in the latter part of the said 13th act of the foresaid parliament held in July 1633 entitled, 'Regarding regalities of erections', was, is and shall be held in all time thereafter understood as inserted and repeated in the foresaid 14th act entitled, 'Act regarding superiorities of kirk lands', by the which contract also our said sovereign lord faithfully promised in the first word to ratify and approve the foresaid contract and appointment and infeftments appointed to follow thereupon in the next parliament to be held thereafter within the said kingdom of Scotland, and to dissolve the lands, mills, superiorities and others contained in the said contract conveyed in manner foresaid from the crown, and to make and grant new infeftments thereof to the said provosts, bailies, council and community for themselves for their own use, and to the said provost, bailies, ministers and council for the use foresaid in manner above-divided, as in the said contract of the date foresaid seen and considered by his majesty and estates of this present parliament at more length is contained. Therefore, and for implementing and fulfilling of his majesty's promise above-written regarding the making and granting of the ratification and dissolution respectively after-mentioned, our said sovereign lord, with advice and consent of the estates of this present parliament, by this legislation ratifies and approves the foresaid contract and appointment of the date above-written, together with charters, infeftments following and completed upon the said contract, dated [...], with the precepts and instruments of sasine following upon the said charters in all points, heads, articles and clauses contained therein after the form and tenor thereof, and declares this present ratification of the same to be as valid and effectual in all respects as if the same were at length and word by word inserted herein, dispensing by this ratification with the not inserting thereof. And also his majesty, with consent of the estates of this present parliament, dissolves the lands, mills, superiorities and others mentioned in the said contract and thereby conveyed in manner foresaid from his majesty's crown and patrimony thereof, to the effect the same may pertain and perpetually belong to the said provost, bailies, council and community of the said burgh of Edinburgh for their own use, and to the said provost, bailies, ministers and council of the said burgh for the use foresaid in manner above-divided, to be held of his majesty and his successors in manner and for payment of the duties at length set down in the foresaid contract according to the tenor of the same contract and of the foresaid charters and infeftments following thereupon in all points. And likewise his majesty, with consent of the estates of this present parliament, declares that the foresaid exception or declaration conceived in favour of the said Earl of Roxburghe subjoined to the latter part of the said 13th act of the foresaid parliament held in July 1633, entitled 'Regarding regalities of erections' was, is and shall be in all time coming understood as inserted and repeated in the foresaid subsequent act of the same parliament being the 14th act thereof entitled 'Regarding superiority of kirk lands'.