20 August 1641

[Petition of the eldest sons and heirs of the nobility, desiring liberty to have access to the chamber to hear the debates]

To the king his most excellent majesty and the honourable estates of parliament,

Humbly means and shows we, for ourselves and in name and on behalf of all others of our quality, the eldest sons and apparent heirs of the peers and lords of parliament, that whereas it is incumbent to those who are called to the lowest places of judicatory to resent the weight of that charge and fit themselves accordingly for it, and much more to us who are called by our birth and knows not how soon we may be brought to sit in that eminent judicatory as peers of the country to judge and voice in matters of greatest consequence. And seeing we are born to have right of place and voice in that high court, but not with that knowledge and those abilities which are required in those who should voice there, and cannot be attained but through experience and by those who are conversant with the ways and managing of business, we have thought ourselves bound in duty to your majesty and our country, in regard of the hereditary trust and confidence reposed in us and our families, to petition your majesty and the estates of parliament that we be not debarred from the occasions of enabling ourselves to serve your majesty and the public in that weighty charge when any of us may be called to it. And therefore we humbly beseech that what is known to have been allowed to those of our quality in the best governed estates for the reason foresaid may be permitted to us upon our earnest suit, and for the public interest that we may have access to the parliament house to know and hear the procedure, debates and conclusions of parliament.

20 August 1641

Petition of the noblemen's eldest sons being publicly read in parliament, whereupon [Sir Thomas Hope of Craighall], king's advocate, at his majesty's command, asked instruments.

  1. NAS, PA6/4, 'August 20 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. NAS, PA6/4, 'August 20 1641'. Back
  4. This clause is written on the rear of the document. Back
  5. This clause is written on the rear of the document. Back
  6. NAS, PA6/4, 'August 20 1641'. Back
  7. This is followed in PA6/4 by a duplicate document entitled 'Overtures for furthering such articles given in to the parliament by the commissioners of the general assembly as are neither passed in act nor referred to the commission'. Back
  8. NAS, PA6/4, 'August 20 1641'. Back
  9. NAS, PA6/4, 'August 20 1641'. Back
  10. NAS, PA6/4, 'August 20 1641'. Back
  11. This clause is written on the rear of the document. Back
  12. This clause is written on the rear of the document. Back
[Petition of Sir John Hay for his liberty within Edinburgh Castle]

Petition by Sir John Hay [of Bara] for liberty of the castle

To your most excellent majesty and your lordships and other commissioners of this high court of parliament, humbly means and shows your lords' servant, Sir John Hay, knight, that where your lords by your deliverance to my former supplication did suspend my imprisonment until this day, wherein I humbly acknowledge your lords' honourable favour, and willed me this day to present a certificate from the doctors of my weakness, which is better known to myself than can appear to them, I have resolved without any more trouble to your lords to obey your lords' proclamation. And therefore humbly entreat your lords to grant me your lords' warrant for my reception within the castle of Edinburgh and moreover that your lords would be pleased to allow me the freedom of the precincts within the castle gates to walk and refresh myself during my being there. And your lords' answer humbly I entreat.

J. Hay

20 August 1641

Read in parliament and granted.

  1. NAS, PA6/4, 'August 20 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. NAS, PA6/4, 'August 20 1641'. Back
  4. This clause is written on the rear of the document. Back
  5. This clause is written on the rear of the document. Back
  6. NAS, PA6/4, 'August 20 1641'. Back
  7. This is followed in PA6/4 by a duplicate document entitled 'Overtures for furthering such articles given in to the parliament by the commissioners of the general assembly as are neither passed in act nor referred to the commission'. Back
  8. NAS, PA6/4, 'August 20 1641'. Back
  9. NAS, PA6/4, 'August 20 1641'. Back
  10. NAS, PA6/4, 'August 20 1641'. Back
  11. This clause is written on the rear of the document. Back
  12. This clause is written on the rear of the document. Back
[Articles given in to parliament by the commissioners of the general assembly]

Articles and desires given in by the commissioners of the kirk to the estates of parliament

1. They humbly petition that the parliament would be pleased to appoint some good course whereby marriages made out of the kingdoms or by deprived ministers or seminary priests and marriages made without the consent of parents or those who are under parental guardianship may be restrained.

2. They petition the parliament that they would be pleased to set down some solid course that ministers may get timeous payment of their stipends both for bygones and to come. And that they be not withdrawn from their charges by unjust suspensions, nor long detained in discussing the same.

3. They petition the parliament to grant this common benefit to the ministers regarding the taxation that shall happen to be imposed upon them as beneficed men: that the report of horning against them in due time that are obliged for their relief be received for freeing of them. As also that the vicarages which ministers have for their stipend may be free of all taxation.

4. They petition that the parliament will be pleased to determine what shall be the measure and quantity of pasturage, winter grazing, fail and divot that every minister shall have for his accommodation.

5. That the parliament would be pleased to make choice of such men to be upon the commission who are best acquainted with the affairs of the kirk and may most conveniently attend, and that they appoint the diet for down-sitting of the commission to be as soon as may be.

6. They petition that commissioners be granted for visitation of all hospitals within this kingdoms which are pitifully dilapidated.

7. That they would be pleased (according to their promise in their letter to the general assembly) to set down a solid and present course for bearing of the charges of the commissioners to the last four general assemblies, and to grant power to the commission for prescribing the same for commissioners to subsequent assemblies.

8. That they would be pleased to take to their consideration the overtures herewith given in for universities and schools with the commission for plantation of kirks, and that these may be effectuated, since by God's providence the rents lately belonging to prelacies are now vacant and out of the possession of all men. That they would be pleased first and before all to provide the kirks, universities, colleges, schools and hospitals out of the same, and that there pass no act nor disposition thereof to any person until these be sufficiently provided, which is the earnest desire and confident expectation of the kirk from their piety and goodness.

9. They petition (for suppressing of popery for the present and preventing the increase thereof in time coming) that a way may be taken for breeding up the children of papists in the truth. And because there have been diverse papists and some presently are whose children, having a desire to join with us in the profession of the truth and resorting to the use of the public means of God's worship, who by their parents have been either violently kept back or otherwise have been threatened to be deprived of any benefit they could expect of them if they should join with us, remedy would be provided for preventing of those evils in time coming.

10. It is humbly desired that order may be taken with sturdy beggars, Egyptians and vagabonds, and a solid course be laid down for removing the horrible wickedness committed by such persons in all time coming.

11. They petition that the parliament would take order for demolishing of all monuments of superstition and idolatry.

12. They petition the parliament for appointing charges to the visitors appointed by the general assembly to visit Shetland, Orkney, Caithness, Sutherland and Ross.

13. They petition that the acts of parliament regarding charmers, sorcerers and consulters with witches be renewed, and a solid way taken how the same acts may be put to execution.

14. They petition the parliament, because the execution of the laws of the kingdom against papists, excommunicated persons etc. is eluded by giving the escheats of the parties excommunicated and denounced to the horn to themselves or their friends to their benefit, that the parliament may be pleased to give order relating thereto, lest they thereby be encouraged in their obstinacy.

  1. NAS, PA6/4, 'August 20 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. NAS, PA6/4, 'August 20 1641'. Back
  4. This clause is written on the rear of the document. Back
  5. This clause is written on the rear of the document. Back
  6. NAS, PA6/4, 'August 20 1641'. Back
  7. This is followed in PA6/4 by a duplicate document entitled 'Overtures for furthering such articles given in to the parliament by the commissioners of the general assembly as are neither passed in act nor referred to the commission'. Back
  8. NAS, PA6/4, 'August 20 1641'. Back
  9. NAS, PA6/4, 'August 20 1641'. Back
  10. NAS, PA6/4, 'August 20 1641'. Back
  11. This clause is written on the rear of the document. Back
  12. This clause is written on the rear of the document. Back
[Overtures from the general assembly for universities and colleges]

Overtures concerning the universities and colleges of this kingdom to be represented by the general assembly to the king's majesty and parliament

First, because the good estate both of the kirk and commonwealth depends mainly from the flourishing of universities and colleges as the seminaries of both, which cannot be expected unless the poor means which they have be helped and sufficient revenues be provided for them and the same well employed, therefore that out of the rents of prelacies, collegiate or chapter kirks or also a sufficient maintenance be provided for a competent number of professors, teachers and bursars in all faculties, especially in divinity, and for upholding, repairing and enlarging the fabric of the colleges, furnishing of libraries and also good uses in every university and college.

Next, for keeping of good order, preventing and removing of abuses and promoting of piety and learning, it is very needful and expedient that there be a communion and correspondence kept between all the universities and colleges. And therefore that it be ordained that there be a meeting once every year (at such times and places as shall be agreed upon) of commissioners from every university and college to consult and determine upon their common affairs. And whatsoever may concern them for the end above-specified and who also, or some of their number, may represent what shall be needful and expedient for the same effect to parliaments and general assemblies.

Item, that special care be had that the places of the professors, especially of professors of divinity, in every university and college be filled with the ablest men and best affected to the reformation and order of this kirk.

  1. NAS, PA6/4, 'August 20 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. NAS, PA6/4, 'August 20 1641'. Back
  4. This clause is written on the rear of the document. Back
  5. This clause is written on the rear of the document. Back
  6. NAS, PA6/4, 'August 20 1641'. Back
  7. This is followed in PA6/4 by a duplicate document entitled 'Overtures for furthering such articles given in to the parliament by the commissioners of the general assembly as are neither passed in act nor referred to the commission'. Back
  8. NAS, PA6/4, 'August 20 1641'. Back
  9. NAS, PA6/4, 'August 20 1641'. Back
  10. NAS, PA6/4, 'August 20 1641'. Back
  11. This clause is written on the rear of the document. Back
  12. This clause is written on the rear of the document. Back
[Overtures from the general assembly for schools]

Overtures for schools

1. Every parish would have a reader and a school wherein children are to be bred in reading, writing and grounds of religion according to the laudable acts both of kirk and parliament made before. And where grammar schools may be had, as in burghs and in other considerable places (among which all presbyterial seats are to be reputed), that they may be erected and held hand to.

2. Regarding these schools, every minister with his elders shall give account to the presbyteries at the visitation of the kirk, the presbyteries are to make report to the synod and the synod to the general assembly that schools are planted as said above, and how they are provided both in men and means.

3. And because this has been most neglected in the highlands, islands and borders, therefore the minister of every parish is to instruct by their commissioners to the next general assembly that this course is begun between now and then, and they are further to certify from one general assembly to another whether this course is continued without omission or not.

4. And because the means hitherto named or appointed for schools of all sorts have been both little and ill paid, therefore beside former appointments (the execution whereof it is humbly desired and to be petitioned for at the hands of his majesty and the parliament), the assembly would further supplicate the parliament that they in their wisdom would find out how means shall be had for so good an use; especially the children of poor men (being very capable of learning and of good engines) may be trained up according as the exigence and necessity of every place shall require, and that the commissioners who shall be named by this assembly to wait upon the parliament may be appointed to represent this to his majesty and the parliament, seeing his sacred majesty by his gracious letter has put us in the hope hereof, wherewith we have been much refreshed.

5. The assembly would supplicate the parliament that for youths of the finest and best spirits of the highlands and borders, maintenance may be allowed as to bursars to be bred in universities.

6. For the time and manner of visitation of schools and contriving the best and most compendious and orderly course of teaching grammar, we humbly desire the assembly to appoint a committee for that effect who may report their diligence to the next general assembly.

  1. NAS, PA6/4, 'August 20 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. NAS, PA6/4, 'August 20 1641'. Back
  4. This clause is written on the rear of the document. Back
  5. This clause is written on the rear of the document. Back
  6. NAS, PA6/4, 'August 20 1641'. Back
  7. This is followed in PA6/4 by a duplicate document entitled 'Overtures for furthering such articles given in to the parliament by the commissioners of the general assembly as are neither passed in act nor referred to the commission'. Back
  8. NAS, PA6/4, 'August 20 1641'. Back
  9. NAS, PA6/4, 'August 20 1641'. Back
  10. NAS, PA6/4, 'August 20 1641'. Back
  11. This clause is written on the rear of the document. Back
  12. This clause is written on the rear of the document. Back
[Overtures for settling the differences between the lord constable and lord marischal]

Overtures for settling [Gilbert Hay, earl of Erroll], constable, and [William Keith, earl Marischal], marischal

At Edinburgh, 13 August 1641

The which day [Archibald Campbell], earl of Argyll, [John Erskine, earl of] Mar, [William Cunningham, earl of] Glencairn and [George MacKenzie, earl of] Seaforth, being appointed by the estates of parliament to compose the differences between the lords constable and marischal regarding the keeping and ordering of the house of parliament, declare their opinion as follows after, namely: that the lord constable has the charge of all the outer guards and the keys of all the utmost doors properly belonging to him, and is to have only six men within the house for opening and guarding of the great entry after the guards are set; and likewise the keys and charge of the whole house from the coming out of the parliament until the next day the guards be set and the parliament or committees enter into the house. After which time the lord marischal has the charge within the house for ordering and guarding of the same, and to this effect shall likewise have keys of all the inner rooms, which are only proper for him to make use of at his pleasure during the sitting of the parliament or committees within the house. And this we declare to be only our opinion for taking away differences without prejudice to either of the said parties to protest in case they shall find themselves not satisfied herewith.

20 August 1641

Read in audience of parliament.

  1. NAS, PA6/4, 'August 20 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. NAS, PA6/4, 'August 20 1641'. Back
  4. This clause is written on the rear of the document. Back
  5. This clause is written on the rear of the document. Back
  6. NAS, PA6/4, 'August 20 1641'. Back
  7. This is followed in PA6/4 by a duplicate document entitled 'Overtures for furthering such articles given in to the parliament by the commissioners of the general assembly as are neither passed in act nor referred to the commission'. Back
  8. NAS, PA6/4, 'August 20 1641'. Back
  9. NAS, PA6/4, 'August 20 1641'. Back
  10. NAS, PA6/4, 'August 20 1641'. Back
  11. This clause is written on the rear of the document. Back
  12. This clause is written on the rear of the document. Back