[A1641/8/123]*[print] [email] [cite] [preceding] [following]
Regarding [Charles Louis], Prince Elector Palatine†
11 November 1641
The king being present.
The king's majesty desired the parliament to take to their consideration the condition of the Prince Palatine and what course is fitting for testifying their respect and affection to the said prince. The parliament think fit to appoint a committee to consider thereupon, and for that effect nominate [Alexander Leslie, earl of Leven], general, [Alexander Montgomery, earl of] Eglinton, [John Campbell, lord] Loudoun and [James Livingstone], lord Almond for the nobility; [Sir David Home], laird of Wedderburn, [Sir Alexander Erskine of] Dun, [Sir John Moncreiffe of] Moncreiffe and [Sir Alexander Abercrombie of] Birkenbog† for the barons; [James Cochrane], commissioner for Edinburgh, Richard Maxwell, [James Fletcher, commissioner for] Dundee, [Thomas Bruce of Weltoun, commissioner for] Stirling and [James Glen, commissioner for] Linlithgow for the burghs.
11 November 1641, after noon
The committee, having taken to their consideration the manifest made by his majesty and estates of parliament in favour of the Prince Elector and his royal care, that the condition of his nephew may be taken into consideration before the dissolving of this present parliament, it is their humble opinion that there may be 10,000 Scots levied, armed, victualled and transported to what rendezvous in Germany shall be thought expedient for the Prince Elector's service upon the charges of this kingdom, and this upon the terms of particular instructions to be given in this purpose to our commissioners who are to be appointed to go into England to treat with the parliament of England regarding the remainder of the treaty.
12 November 1641
Read by the nobility.
12 November 1641
Read, voted and passed in parliament, as it is seen in manner above-written.
[John Elphinstone, lord] Balmerino, in presence of the lords of parliament
[A1641/8/124]*[print] [email] [cite] [preceding] [following]
Supplication of James Brown and James Hill to his majesty and estates 1641†
To his sacred majesty and honourable estates of parliament presently convened, humbly supplicates we, your majesty's humble servants, James Brown, skipper of Kirkcaldy and sometime master of the good ship called the James of Kirkcaldy, and James Hill, skipper of Queensferry and sometime master of the good ship called the James of Queensferry, that where in the time of the late troubles the said ship called the James of Kirkcaldy pertaining to me, the said James Brown, was in the month of May 1641 taken in his homeward voyage from Spain to Scotland by the king's majesty's ships, with his whole cargo of salt with some gold and silver therein, and carried by the captain to the Holy Island, where the common people spoiled her of her cargo and the captain carried her six guns to the walls of Berwick and as yet kept and detained from me; the price of the which ship and goods is as follows: in the first the ship, itself being of the burden of 70 tons of dead weight, with their apparelling and ammunition, estimated to 20,000 merks Scots. Item, there was in the said ship the time of the taking thereof 1,100 bolls of Spanish salt, each boll estimated to £9 Scots, is in the whole £9,900. Item, more within the said ship the time of the taking thereof 155 double pistols of gold, each pistol £8 15s, is in all £1,356 5s. Item, more of Portuguese testans†, 570, each testan estimated to 16s Scots, is in the whole £436. Item, more 18 French crowns, a Portuguese ducat, 13 pope's pistols, all estimated to £265. Item, of other commodities in the said ship such as green ginger, pieces of linen cloth, a silver goblet, commodities for the master and companies' bodies, with 12 muskets, powder, ball and haes picks, all estimated to 2,000 merks, so that the whole losses sustained by me at that time is esteemed to £26,637 18s 4d. And this in addition to the loss of my time and calling since which has tended to the ruin of me, my wife and children. And since the pacification, I having gone to London by the advice of my owners and by assurance of your majesty's royal favour of restitution, and there demanded of Captain Snadlye, taker of my said ship, for restitution of the same ship and commodities which was then therein, the ship and whole commodities being all spoiled, wrecked and gone, I only received from him the number of 100 pistols, 18 crowns and 40 testans extending to [...], so there rests to me (this being allowed) the sum of [...]. As likewise I, the said James Hill, master of the good ship called the James of Queensferry, having my said ship of the burden of 150 tons being adorned with six guns and two sling pieces lying in the month of [...] 1641 years in the river of Chester in England, she was there arrested and stayed by his majesty's order, where she became altogether wrecked through long lying there, being three days sunk under water and her three anchors and cables lost and sunk there by reason of sinking sands. And I, understanding that his majesty was graciously well pleased to give order for restoring of the whole Scots ships stayed and apprehended to the owners thereof, with the whole losses and damage sustained thereby, I then repaired to the Scots commissioners at London for getting reparation and restitution of my said ship, which the time of her arresting with her apparelling was estimated to £1,000 sterling, they then ordained me to repair to Chester, there to sell the said ship and to understand what might be got for her as she was; which I then did and which, in respect she was wrecked as said is, was sold for £200 sterling, which became short of the price of the said ship that she was valued to before her arresting by the sum of £800 sterling, wherein I am damnified and lost; and that in addition to the losses of my time and calling tending to the ruin of myself, my wife and children. Therefore we most humbly beseech your sacred majesty and estates of parliament for the favour of God to pity our poor distressed estates, being headsmen and having our families now ruined through our losses, that it would please your majesty and estates to give order for payment to us and each one of us of our several losses and damages above-written and to have consideration of the great losses and damage we have sustained since the wanting of our ships and goods through the want of our calling and employment for maintenance of us and our poor families. And your majesty's gracious answer humbly we beseech.
12 November 1641
Read in audience of the nobility.
[A1641/8/125]*[print] [email] [cite] [preceding] [following]
Scroll of [Sir Alexander Shaw], laird of Sauchie's act†
Our sovereign lord and estates of parliament, considering that the making patent of all passages and highways to all harbours, ports, pows and other places wherein ships, barks and boats may arrive to be laden and to take in all sorts of commodities to be transported therefrom such as corns, victuals, fuels, coal, timber and other merchandise of all sorts, and the making patent of the said harbours, ports, pows and other places of that kind and shores thereof next adjacent thereto (whereupon the said commodities may be laid) to all his majesty's lieges for receiving of their said ships, barks and boats for ladening thereof and for taking in of the said commodities therein without stop or trouble to be made by any person or persons to the said lieges in the said highways or at the said harbours, ports, pows, shores and others parts adjacent thereto, whereupon the said commodities must necessarily be laid before the embarking thereof, is not only most just and lawful in itself and agreeable to the laws of this kingdom and to the laws of all nations for advancing of the trade of merchandise regarding buying and selling of the said commodities and others of that kind and transporting the same at the will and pleasure of the merchants, but also is a most certain, sure and ready way for augmenting of his majesty's customs very much and bringing of great quantities of bullion to the mint-house, therefore our said sovereign lord and estates of parliament have ratified and approved the particular acts of parliament respectively underwritten regarding streets and common passages, namely: the 54th act of the 6th parliament of regent Mary [of Guise] in the year 1555 and the 156th act of the 12th parliament of King James VI of blessed memory in the year 1592, together with the 8th article and instruction given to the justices of peace contained in the 8th act of the 22nd parliament of King James VI regarding mending of all highways and passages to or from any market town or sea port within the shire, as the said particular acts of parliament respectively in themselves at more length bear. And further have statute and ordained for explanation of the said acts and for the further ease and benefit of all the lieges that all the said passages and ways leading from any part of the country to any harbours, ports, pows, shores and landing parts thereof (whereupon the said particular commodities must necessarily be laid until they be embarked) shall be made patent to all his majesty's lieges for carrying and transporting of the said victual, fuels, timber, coal and all other commodities to the said harbours, ports, pows, shores and landing places thereof, and for laying down the same upon the ground of the said shores and landing parts until the same be embarked and the said ships and barks laden therewith without any stop, trouble or impediment to be made to his majesty's lieges relating thereto, under the pains and with certification specified and contained in the said acts of parliament or in any of them. And also statutes and ordains for the advancing of commerce and trade and for augmenting of the said customs and bullion that the said harbours, ports, pows and landing places shall be made patent for receiving of the said ships and barks, and that the said shores and grounds thereof next adjacent thereto (whereupon the said several commodities are in use to be laid down) shall also be made patent to the said lieges for laying down of their said commodities generally and particularly above-written, and all other merchandise and merchant wares upon the ground and shores besides the said harbours, pows and others parts and places for keeping and preserving of the said commodities and merchant goods until the embarking thereof. And that without any stop, trouble or impediment to be made thereto as said is, the said merchants, masters of the said ships and barks and other persons, owners of the said goods and commodities generally and specially above-mentioned, paying therefore to the persons and parties having right shore silvers, entrance fees and customs in use to be paid by the laws and custom of this kingdom.
12 November 1641
Read in audience of the nobility and delivered to [John Erskine], earl of Mar.
[A1641/8/126]*[print] [email] [cite] [preceding] [following]
Act against deprived messengers
Our sovereign lord, being perfectly informed of the great prejudice heretofore sustained by his majesty's lieges and the discredit redounding to the lyon king of arms by the miscarriage of deprived messengers in default of real and full execution of the said lyon, his decreets and sentences against them, therefore his majesty, with advice and consent of his estates of this present parliament, decrees and ordains likewise letters of horning upon 15 days and other execution needful to be directed and pass upon his acts and decreets, sentences, bonds and obligation in all time coming against messengers upon deprivation, suspension or malversation in their offices as are directed and passed upon the sentences of other inferior judges within this kingdom, and upon their sentences, bonds and obligations.
12 November 1641
Read in audience of the barons.
Read, voted and passed, 12 November 1641
[A1641/8/127]*[print] [email] [cite] [preceding] [following]
Petition Andrew Arnott, sometime of Barcaple, regarding the teinds of Tongland.
To the king's most excellent majesty, the humble petition of Andrew Arnott, sometime of Barcaple,
Humbly shows,
Whereas your majesty's petitioner and his predecessors by the space of 200 years or thereby, being kindly tacksmen and possessors of the vicarage teinds of the parish of Tongland for yearly payment to the bishops of Galloway of the sums of £40 Scots, as the tacks made thereupon purports; and your majesty's petitioner having by the space of eight years since or thereby agreed with the late Andrew [Lamb], bishop of Galloway for the time, for a new tack to have been granted by him to your majesty's said petitioner of the said vicarage teinds for the space of 19 years for yearly payment of the said sum of £40, and he, having caused his writer draw up the foresaid tack according to the foresaid agreement, and your majesty's petitioner being in the meantime unjustly incarcerated in ward within the tolbooth of Kirkcudbright by some malicious persons, true it is that Master James Scott, minister at Tongland, the time of your majesty petitioner's said imprisonment, purchased a tack of the said vicarage teinds from the said late bishop of Galloway, notwithstanding of the foresaid agreement passed between him and your majesty's said petitioner, whereby he was unjustly secluded and debarred from the right of the said teinds. Likewise thereafter by the space of [...], the said Master James Scott, being excommunicated by the kirk and having fled the country for not subscribing of the covenant, the said teinds have continually lain over since unpaid in the hands of the parishioners of Tongland. And your majesty's petitioner being now reduced to extreme necessity and poverty by the tyranny and oppression of diverse persons where he dwells and not able thereby to prosecute his just and lawful actions against his creditors and others by whom he is unjustly wronged and oppressed, and being of great age, will be utterly ruined and undone unless your majesty out of your royal bounty and favour be pleased to grant to him during his lifetime new tacks of the said vicarage teinds of the said parish of Tongland (which is no part of the minister's stipend at the said kirk nor never was) for payment of the old duty thereof above-specified, and to assign him to the arrears of the said teinds, having special consideration that he is unjustly secluded from the right and possession of the said teinds in manner foresaid.
May it therefore please your majesty to grant new tacks to your majesty's petitioner during his lifetime of the foresaid vicarage teinds of the said parish of Tongland for payment of the foresaid old duty thereof, and to assign him to the arrears of the said teinds, having special consideration that he is unjustly secluded from the right and possession of the said teinds in manner foresaid. And your majesty's petitioner shall ever as bound in duty pray for your majesty's happy and prosperous reign etc.
His sacred majesty is graciously pleased to remit this petitioner to be heard and considered in parliament.
James Galloway, at the court at Holyroodhouse, this 9 November 1641
12 November 1641
Read in audience of the nobility.†