13 November 1641

[Act adding several parishes to the sheriffdom of Dunbarton]

Act in favour of Dunbartonshire†

Our sovereign lord and estates of parliament, understanding that the sheriffdom of Dunbarton has been ancient and of a large extent consisting of 14 parish kirks, which of late that seven kirks thereof, namely: Inchcailloch (now called Buchanan), Drymen, Balfron, Fintry, Killearn, Strathblane and Campsie are withdrawn therefrom and the inhabitants of the said parishes urged and compelled to answer in the sheriff courts and in the justice ayres of Stirling without just reason or lawful warrant thereof, to the great prejudice of the said inhabitants and of his majesty's service, in respect that many of them are distant 20 miles from Stirling and the furthest lies within six or eight miles or thereby from Dunbarton. And the six parishes whereof Dunbartonshire now consists (being for the most part vassals and tenants to [James Stewart], duke of Lennox and other noblemen) are not able to send out commissioners to parliament, conventions and other public meetings, there being only nine freeholders and vassals to the king's majesty therein, and all of them (except one) of small and mean estates, whereby they are forced to elect sheriffs that are not vassals to the king's majesty. Therefore our said sovereign lord and estates of this present parliament declare, statute and ordain that in all time coming the said seven parishes of Inchcailloch or Buchanan, Drymen, Balfron, Fintry, Killearn, Strathblane and Campsie and all from them west are and shall be of the sheriffdom of Dunbarton, both in sheriff courts, justice ayres and all other duties, and ordain all the heritors and inhabitants of the said seven kirks to come and answer in the sheriff courts and justice ayres of Dunbarton held in the burgh of Dumbarton as the head burgh thereof, discharging hereby the sheriff of Stirling and his deputes, clerks and officers of troubling, citing or calling of them or any of them to the courts of Stirlingshire hereafter under all highest pain. And ordain letters of publication and others needful to be directed hereupon in the appropriate form.

2 November 1641

Read in audience of the noblemen.

10 November 1641

Read in audience of the barons and allowed by them.

  1. NAS, PA6/5, 'November 13 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. NAS, PA6/5, 'November 13 1641'. This document is recorded on the inside page of the above act. Back
  4. This clause is written on the rear of the document. Back
  5. NAS, PA6/5, 'November 13 1641'. Back
  6. This clause is written on the rear of the document. Back
[Reasons submitted to parliament for reuniting seven parishes to Dunbartonshire]

Reasons for reuniting the seven kirks to Dunbartonshire as they were in former times

1. First they lie a great space nearer to Dunbarton than Stirling, the most part being within eight or nine miles from the same and distant 16 or 20 miles from Stirling through muirs and mountains and over sundry great waters.

2. Many of the heritors' infeftments bears to lie within Dunbartonshire, as [Archibald Napier], my lord Napier and others.

3. These kirks are by the 73rd act of King James IV's sixth parliament declared to be of the sheriffdom of Dunbarton.

4. By the said act it is declared that sundry lands then belonging to the sheriffdoms of Dunbarton, Edinburgh, Perth, Culross and Clackmannan were annexed to Stirlingshire, which all or most part thereof remains thereat to this day, and so they keep both.

5. The sheriffdom of Stirling is of a large and considerable bounds, besides the said seven kirks, consisting of 15 kirks and parishes, and Dunbartonshire has now only six parish kirks.

6. A great part of the most considerable heritors within the said seven kirks crave the same to be declared to be of the sheriffdom of Dunbarton as most for their ease and commodity.

7. The said seven kirks are and have ever been of the presbytery of Dunbarton.

8. Many of the heritors of the said seven kirks have lands held of the king and [James Stewart], duke of Lennox both, and so are subject to appear in Stirling to the sheriff courts and in Dunbarton to the courts of the regality of Lennox: therefore doubly troubled, and oftentimes both citations are to one and the same day of compearance.

9. It is to be considered that either these seven kirks must be declared to be of Dunbartonshire, or else that shire must be annexed to some other shire, and the nine freeholders of the king freed of that great burden of furnishing out commissioners to parliaments and conventions in all time coming.

13 November 1641

Read in audience of his majesty and estates of parliament, who continue to give answer thereto until the next parliament, that the same may be then determined. And in the meantime recommend to the council to prepare the same to the parliament.†

  1. NAS, PA6/5, 'November 13 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. NAS, PA6/5, 'November 13 1641'. This document is recorded on the inside page of the above act. Back
  4. This clause is written on the rear of the document. Back
  5. NAS, PA6/5, 'November 13 1641'. Back
  6. This clause is written on the rear of the document. Back
[Warrant in favour of Sir Richard Graham of Esk]

Warrant for Sir Richard Graham, received from Master John Oliphant, 1 October 1641†

Charles Rex

Our sovereign lord and estates of parliament ordain a special exemption, exception and reservation to be expressly contained in the act of pacification and general pardon concluded upon in this parliament in favour of his highness's servant, Sir Richard Graham of Esk, knight and baronet, and the other kin and friends of the late William Graham, brother to the said Sir Richard, against Thomas Irvine of Kirkpatrick and Richard Irvine of Rovgill, his brother, declaring that the benefit of the said act of pacification and general pardon therein contained shall no way be extended to the said Thomas nor Richard Irvine for the cruel and wilful murdering of the said late William Graham committed by them, nor shall in no way free nor liberate them nor either of them from the said cruel fact, nor such actions and executions of law and justice as have followed or may follow against them for the same, but that they and either of them shall be liable to the laws of this realm for the said fact and such punishment as be due thereof, notwithstanding of the said act of pacification and general pardon contained therein accordingly as they were debarred and exempt regarding the said fact in the act of pacification granted at his majesty's coronation. And ordain this warrant to be a sufficient warrant to [Sir Alexander Gibson of Durie], his highness's clerk register, and his deputes for inserting and containing of the said exception above-written expressly in the said act of pacification. Given at [...].

13 November 1641

Read in audience of the nobility.

  1. NAS, PA6/5, 'November 13 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. NAS, PA6/5, 'November 13 1641'. This document is recorded on the inside page of the above act. Back
  4. This clause is written on the rear of the document. Back
  5. NAS, PA6/5, 'November 13 1641'. Back
  6. This clause is written on the rear of the document. Back