[A1641/8/105]*[print] [email] [cite] [preceding] [following]
Supplication by [Ludovic Lindsay], earl of Crawford, remitted to the committee for the accommodation†
To the king's majesty and honourable estates of parliament, the humble petition of Ludovic, earl of Crawford, is showing that I have been in prison now these 20 days bygone and more and since I was examined these 10 days, and seeing that I have declared the verity according to my knowledge in that matter which I conceive to be the occasion of my imprisonment, my humble petition is that I may be put to liberty upon caution to appear before the king's majesty and parliament when I shall be commanded, or that some further legal course may be taken for my trial and for the clearing of my innocency or for my punishment in case I be found guilty. And your majesty's and parliament's answer I humbly entreat and shall still pray for your majesty's happy and long reign and for the prosperous flourishing of the honourable house of parliament.
Your majesty's humble petitioner, Crawford
5 November 1641
Read in audience of his majesty and estates of parliament, who remit the supplication and desire thereof to the consideration of the committee appointed for accommodation.
[A1641/8/106]*[print] [email] [cite] [preceding] [following]
Report regarding the bridge of Perth†
3 November 1641
Sederunt of the committee appointed by the parliament for considering the supplication given in for re-edifying of the bridge of Tay: present, [John Drummond], earl of Perth and [George Hay, earl of] Kinnoull, [Sir Thomas Myreton], laird of Cambo and [Sir Gilbert Ramsay of] Balmain, with [Patrick Leslie], commissioner of Aberdeen, [James Sword, commissioner for] St Andrews and [James Glen, commissioner for] Linlithgow.
The foresaid committee, having considered the supplication given in for re-edifying of the bridge of Tay, find the same a work so necessary for the good accommodation and service of the whole kingdom, being the prime passage between the north and south parts of the kingdom, as the same does concern his majesty and the parliament to take to their consideration for the good of the country. And for advancing and effectuating of this work, the committee foresaid thought it expedient to represent to the consideration of the king's majesty and parliament the overtures following namely:
1. The said committee think that £100,000 Scots may be a competent sum to be put in fund for advancing of this work.
2. Seeing his majesty has been pleased graciously out of his royal bounty and pious charity for so good a work to promise the sum of 50,000 merks for advancing thereof, the committee foresaid think it expedient that his majesty may be supplicated to give order regarding the payment of the said sum in such manner and way as his majesty in his princely wisdom shall think expedient.
3. And as for the other 100,000 merks, the committee think expedient to represent to his majesty and the parliament that a full year's crop and rent of the whole bishoprics of Scotland may be allowed and dispensed with by his majesty and the parliament for advancing of this work, wherein there can be no great damage to those who are to have the benefit of the said bishop's rents, seeing they will fall in to the universities and other pious uses for which they are to be destined after the expiring of this present year's crop and before the said universities etc. can be visited and put in right order.
4. The committee thought it likewise expedient to represent to the consideration of his majesty and the parliament if the quots of testaments and annuities of teinds for so many years bygone and to come as shall be thought fit for making up the said sum may be allotted for advancing so good and necessary a work.
5. It is also thought fitting to be represented to his majesty's and the parliament's consideration if a part of the bygone taxations resting unpaid may be assigned and allotted for helping to make up the foresaid sum for so pious a work.
6. It is likewise thought expedient by the committee that it be represented to his majesty's and the parliament's consideration if a taxation may be equally imposed upon the whole kingdom of 20 shillings upon each pound land for the space of a year, or of 10 shillings upon each pound land for the space of two years. Which sum (as is thought) may make up the foresaid sum of 100,000 merks in the surest and most equal way.
7. For the place and manner of building the said bridge, the committee think it fit that the same be left to the consideration of workmen and artificers of best judgment and understanding by the advice of the committee that shall be appointed by the king and the parliament for having care of the said work.
These overtures above-written are only humbly represented to the consideration of his majesty and the parliament to be considered as they find fitting, that his majesty and the parliament may make choice of which of these overtures they think most expedient without prejudice of any other or better overture for effectuating of the said so necessary, so pious and so charitable a work.
4 November 1641
It is the opinion of the barons that all bygone taxations and annuities bygone and in time coming being discharged, the whole kingdom will voluntarily tax themselves for so much as will re-edify the bridge.
5 November 1641
Read in audience of his majesty and estates of parliament, who appoint a duplicate thereof to be given to every estate and also to [Sir Thomas Hope of Craighall], king's advocate.†
[A1641/8/107]*[print] [email] [cite] [preceding] [following]
To the most honourable lords and commissioners of parliament, the humble petition of Alexander Cunningham of Crail.
The generous and noble deportment of your honours in the matter of the covenant and this great work and particular passages thereof following thereupon as it is famous abroad, so is it gracious at home to those especially who have given proof of their sincerity in the business. All do know the violence used of late years in England and Ireland against our countrymen by pressing them to give oaths prejudicial to that great oath of the covenant, which made many to shrink. And few are ignorant of the danger and detriment which your petitioner has sustained by refusing of the said oaths and constant opposing to all temptations of that nature, in so far as for this cause I have been kept prisoner in the fleet at London under great misery and hazard, often assaulted with all possible temptations to quit my covenant, by the space of 18 months or thereby, during which time I have lost the benefit of my salt commodity (wherein I did trade the time of my imprisonment), extending to the worth of £100 sterling, with £90 sterling of necessary charges, and the loss of my calling during that space, amounting to £200 sterling, in addition to £40 sterling to the officers of the jail, which is in all £430 sterling, for which I will be troubled if ever hereafter they shall apprehend me at London. These losses do not so much grieve me as the gain of a good conscience does please me, yet understanding that your honours are very aware of the subjects' distresses of this kind and careful to remedy the same, and in regard these sufferings do much weaken if not threaten to ruin my mean estate,
May it therefore please your honours to take my estate and condition with the nature and circumstances thereof to your grave and serious consideration, and so to examine and determine therein as by reparation of my losses (in the way to be found by your honours) and such other testimony of your honourable estimation of my honest carriage in the matter foresaid I and all others may be encouraged ever hereafter to be constant in a good cause, as I shall ever endeavour to be faithful to the death in the points of my covenant, and herein do expect your honourable answer.
A. Cunningham
14 August 1641
Read in audience of the parliament, who declare that they find the desire thereof just and reasonable and will take the same to their consideration, that in due time they may provide a course to give the supplicant reparation according to the desire of the petition.
[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament
5 November 1641
Read in audience of his majesty and estates of parliament, who appoint the same to be given to [Sir Thomas Hope of Craighall], king's advocate, that he may deliver the same to [William Hamilton, earl of Lanark], secretary, to be presented to his majesty.†
Court at Holyroodhouse, 8 November 1641.
His majesty, being made acquainted with this petition, is graciously pleased to refer the consideration thereof to the high court of parliament of Scotland, who are to do therein for the relief of the petitioner as to their wisdom shall seem fit.†
11 November 1641
Read in audience of his majesty and estates of parliament, who refer the same and consideration thereof to the committee underwritten, namely: [William Cunningham], earl of Glencairn and [John Lindsay], lord Lindsay† for the nobility; [Sir David Crichton], laird of Lugton and [Sir Thomas Myreton of] Cambo for the barons; the commissioner of St Andrews† and [John Semple of Stainflett, commissioner for] Dumbarton for the burghs.
At Edinburgh, 15 November 1641
Those on the committee named within find the desire of the petitioner's supplication very reasonable, and think it most expedient that a warrant be granted to the commissaries for satisfying the supplicant of the sums of money specified within the supplication, and that of the first and readiest monies in the said commissaries' hands in respect of his necessity and long sufferings.
16 November 1641
This supplication, being moved to the king's majesty and estates of parliament, and the same being taken to consideration with the several reports and deliverance, the king and parliament orders the sum of £430 sterling to be paid to the supplicant for the said written within, according to the report.
[John Elphinstone, lord] Balmerino, in presence of the lords of parliament†
[A1641/8/108]*[print] [email] [cite] [preceding] [following]
Commission regarding the kirks and teinds
5 November 1641
At the meeting of the committee regarding the commission for ministers' stipends, sederunt: [David Carnegie, earl of] Southesk, [John Elphinstone, lord Balmerino], president, [John Wemyss, earl of] Wemyss, [Robert Balfour, lord Balfour of] Burleigh, [Sir Patrick Hepburn of] Waughton, [Sir Gilbert Ramsay of] Balmain, [William Rigg of] Aithernie, [William Simpson], the commissioner for Dysart, [Master Alexander Douglas of Downies, commissioner for] Banff and [James Glen, commissioner for] Linlithgow, with [Sir Thomas Hope of Craighall], king's advocate.
Regarding the provision of kirks, which are not yet provided by the former commission:
1. It being proposed in this committee by way of opinion if those kirks not yet provided as said is should absolutely by this commission now to be granted have 8 chalders of victual or 800 merks where the teinds of the parish will extend to that quantity, or if the commissioners should have power by the commission to grant the quantity foresaid where it may be conveniently had and to go beneath that quantity upon just, reasonable and expedient causes according to the former commission.
This being put in voicing by way of opinion it was the opinion of five of this committee that the commissioners should have power to go beneath the quantity of 8 chalders of victual or 800 merks upon just, reasonable and expedient causes, according to the former commission, but the other four of the committee and the advocate were of the opinion that every minister should absolutely have the full quantity above-written where the teinds of the parish will extend to the same.
Regarding kirks which were provided by the former commission but did not get then the full quantity of 8 chalders of victual or 800 merks:
2. It is the opinion of the committee that those kirk cannot come in in this new commission to be further provided except only in these cases, namely: where the minister wants the full quantity by occasion of lands feued with the teinds included or where unjust valuations were led or collusion between the titulars and the minister in prejudice of the minister's successor, the same being tried and cleared before the commissioners by reduction of the unjust valuations and by probation of the collusion by writing or oath of parties, and where the impediment was in respect of included teinds, in that case the supply to come of the bishops' teinds of that diocese whereof these are kirks. And for the other two occasions of the want foresaid the supply to come of their own parishes.
Item, it is also the opinion of the committee that all bishops' kirks albeit already provided by the former commissions, but beneath the quantity foresaid, shall be supplied to the full quantity of 8 chalders of victual or 800 merks out of the teinds of their own parishes. And where the same cannot be had there, out of the teinds of the other kirks of that bishopric.
Item, the committee agrees that all bishops' kirks that had a greater quantity of stipend before the restitution of bishops than they now have shall be supplied and brought to that same quantity whereof they were in possession before the said restitution be paid out of their own parishes. And where that is lacking, to be paid out of the bishops' kirks as above.
Item, that the king's majesty be supplicated that the feu mail of bishops' kirks may be given to the ministers for supply of their stipends where the teinds is lacking.
Regarding the division of parishes:
The committee agree that division shall be made upon the presbyteries'† recommendation thereof to the commissioners and where the commissioners after citation and hearing of the parties shall find reasonable.
Regarding the dismembering and uniting of kirks:
The committee agree that the same be done upon the recommendation of the presbytery, synod or general assembly.
Regarding manses and glebes in parishes where there are no kirk lands:
It is the opinion of the committee that this be left out in the commission and that a several act of parliament be made for the same.
Regarding that article of the commission for ministers' charges to assemblies:
The committee think not this fit.
Item, the committee think it is just and reasonable that power be given to the commissioners to grant recompense to parties as well for the augmentation imposed by the former commission as to be imposed by this commission by granting prorogation of their tacks and rights etc.
Regarding schools:
It is the opinion of the committee that it be referred to the presbyteries to consider in what parishes of their presbyteries schools are expedient, and that with consent of the heritors and session of the kirk a stipend may be appointed for the school out of the surplus of the teinds by the ministers' stipend. And if it be not got that way, then the act of parliament of 1633 regarding schools to have place and the presbyteries to have the power that is given to the bishops by that act. And in case the heritors compear not, being warned, then the minister, presbytery and session to proceed.