[A1641/8/159]*[print] [email] [cite] [preceding] [following]
Act regarding the prices of writs, seals and registers, remitted to the council†
Our sovereign lord and estates of parliament, considering the great extortion whereby the lieges are abused by the keepers of the signet, privy seal, great seal, director of the chancellery and writers thereto and all others clerks and keepers of registers within this realm, notwithstanding that there are particular rates and prices set down for all keepers of seals, registers and clerks in the parliament held by his highness's dearest father of blessed memory in the year 1621, therefore statute and ordain that all writers, keepers of seals and registers and clerks within this kingdom shall conform themselves and be ruled by the prices specially set down in the said parliament held in the year 1621, and shall conform themselves to the prices set down by [John Maitland], earl of Lauderdale, [David Carnegie, earl of] Southesk and Sir Andrew Fletcher of Innerpeffer, knight, one of the senators of the college of justice, respectively in the year 1639 under all highest pains contained in the acts of parliament.
17 November 1641
Read in audience of his majesty and estates of parliament, who remit the same to the council, with power to them to do to this effect as the king and parliament might, so that the sentence and determination of the council shall have the authority, force and effect of an act of parliament for this purpose.
[John Elphinstone, lord] Balmerino, in presence of the lords of parliament
[A1641/8/160]*[print] [email] [cite] [preceding] [following]
Supplication for the British subjects, remitted to the king's majesty†
To the king's most excellent majesty and most honourable estates of parliament, the humble petition of diverse of your majesty's British subjects having estates in Ireland, for themselves and in name of their distressed countrymen and friends there.
Humbly showing,
That the insolent rebellion and cruel outrages of the Irish rebels is now come to that height as they have wasted and overrun the most part of the province of Ulster, comprehending nine counties, most part thereof being planted with British subjects, of whom they have killed many, taken others prisoner, robbed and spoiled the goods of many hundreds, stripped and sent away numbers of them naked, burnt diverse towns and corns there, so as all these counties are wasted and depopulated except some few parts about the sea near the strengths of Derry and Carrickfergus, as the letters directed to us from your majesty's said British subjects there do most pitifully express; which miseries do the more increase that your majesty's said subjects have neither arms nor leaders to direct and help them in the necessary defence of their lives and estates, so as they are in daily hazard to be killed or put to flight and to be a burden to your majesty's other kingdoms if they shall happen to escape. For remedy whereof,
May it please your majesty, with advice of this supreme court, to remonstrate to the parliament of England the pitiful and lamentable estate of the said British in Ulster, that the same may be taken to their serious consideration and that such speedy course may be taken as may best conduce for their present help and relief. And we humbly entreat that in the meantime such as are willing to go as volunteers in that service may be permitted and arms furnished to them, and that some convenient proportion of arms may be granted upon loan for the unarmed British until the same may be repaid out of England.
17 November 1641
Read and remitted to the king's majesty.
[John Elphinstone, lord] Balmerino, in presence of the lords of parliament
[A1641/8/161]*[print] [email] [cite] [preceding] [following]
Act regarding the incarceration of poor people†
Our sovereign lord and estates of parliament, understanding that there are diverse poor persons taken and apprehended by virtue of letters of caption and for riots, thefts and other wrongs committed by them and put in prison within his majesty's jails and prison houses, and oftentimes upon the malice of the debtors and others to whom they have done wrong for not having means to maintain themselves, are forced either to perish through famine or lie a burden to those to whom the said jails and prison houses do appertain. For preventing of which uncharitable and rigorous dealing, our said sovereign lord, with advice and consent of the said estates, statutes and ordains that all poor persons taken and incarcerated within any of his majesty's jails and prison houses shall be maintained upon the expenses of the installers in allowing to them 3s Scots money daily. For payment whereof, ordains the said persons, installers, to find caution at their committing to prison the said poor persons to the keepers of the said jails and prison houses, and in case of refusal or non-payment of the said sum, our said sovereign lord, with advice and consent foresaid, declares that it shall be lawful to the said keepers of the said jails and prison houses to refuse the said prisoners or to set them at liberty, for the which the said committers shall have no action against the keepers of the said prison houses, which his majesty, with advice and consent foresaid, discharges in all time coming.
16 November 164
Read and taken to be advised until tomorrow.
17 November 1641
Read in audience of the king's majesty and estates of parliament, who remit the consideration hereof to the secret council.
[John Elphinstone, lord] Balmerino, in presence of the lords of parliament†
[A1641/8/162]*[print] [email] [cite] [preceding] [following]
Supplication of Master Alexander Pitcairn to the king's majesty and estates of parliament, remitted to the commission for the common burdens†
To the king's most excellent majesty, the supplication of Master Alexander Pitcairn, minister at Tannadice.
Humbly showing,
That whereas I have represented to your sacred majesty and estates of parliament the great oppression done to me by a great number of broken men who, under cloud of night in the time of the high court of parliament, broke up my house, threatened with drawn dirks to take my life and spuilzied me of my whole monies, goods, furnishings and plenishing and left me, my wife and children naked, together with my long and chargeable attendance these diverse years bygone in seeking redress thereof and have got no answer. Therefore I humbly beseech your majesty and lords of parliament to take some consideration of my distressed estate and to recommend me to the committee appointed for relief of the common burdens, that they may devise a way how I may be satisfied of my losses and these broken men may be tried and punished, that the crying sin may be removed from the land. And your majesty's and lordships' answer I humbly expect.
17 November 1641
Read in audience of his majesty and estates of parliament, who remitted the same to the committee nominated for the common burdens.
[John Elphinstone, lord] Balmerino, in presence of the lords of parliament
[A1641/8/163]*[print] [email] [cite] [preceding] [following]
Supplication of George Foulis, remitted to the exchequer†
To the king's most excellent majesty and honourable house of parliament, the humble petition of George Foulis of Ravelston.
Showing,
That whereas I was advanced in the public service and was most willing to have contributed my best endeavours in that charge committed to me when it pleased the committee of estates for the time to recall me by their warrant and to command me to discharge the place of general of his majesty's mint-house, which I have exercised faithfully and have uplifted the fees belonging thereto, wherefore I did expect not only with all integrity to have been approved for my discharge of the said place in time bygone, but likewise to have been continued and secured therein for time coming. But now since another (as I am informed) is to be placed in that charge, I think it incumbent to me for my security to crave an approbation for my service in the said charge with the receipt of the fees thereof in time bygone; as likewise (if it shall be thought fit) a gift and continuation therein in time coming.
Therefore I most humbly beseech your majesty and this honourable house to take consideration of the premises and to be pleased to grant to me an approbation of my service and receipt of the fees thereof in time bygone during the time of my trust and charge; as likewise a gift and continuation in the said office in time coming if your majesty and this honourable house shall think so fitting, for using and exercising whereof I am most willing to contribute my best, and I as in duty bound shall ever pray.
17 November 1641
This supplication being read in audience of his majesty and estates of parliament, who remitted and referred the same to the exchequer.
[John Elphinstone, lord] Balmerino, in presence of the lords of parliament
[A1641/8/164]*[print] [email] [cite] [preceding] [following]
Supplication of [Alexander Forbes], lord Forbes, remitted to the commission for the common burdens†
To the king's most excellent majesty and the honourable estates of parliament, the humble petition of Alexander, lord Forbes.
Whereas your majesty's petitioner, out of his earnest desire to do some acceptable service to your sacred majesty and your royal sister for the recovery of the Palatinate, did engage himself and his estate for the levying of two regiments under the late victorious [Gustav II Adolph], King of Sweden, whose untimely death, together with your petitioner's other misfortunes and long imprisonments for the said cause, has nearly ruined your petitioner's estate, which he was in a fair way to recover by his service abroad to foreign princes (as is well-known to your sacred majesty and diverse special members of this honourable house) until the late troubles of his native country occasioned his return, wherein he, his parents and special friends for his and their service and affection to the good cause have sustained many great and heavy losses at home by the loss of his fortune abroad, which would be too tedious in this strait of time to relate. May it therefore please your majesty and the estates of parliament to recommend your petitioner's case and the reparation of his losses to the commissioners for the common burdens and to the secret council, that when any good occasion offers they would further and befriend your petitioner. And your majesty's answer and the honourable estates of parliament your majesty's petitioner does humbly attend.
17 November 1641
This supplication being moved to the king's majesty and estates of parliament, they remit the same to the committee for the common burdens.
[John Elphinstone, lord] Balmerino, in presence of the lords of parliament
[A1641/8/165]*[print] [email] [cite] [preceding] [following]
Act in favour of the town of Jedburgh for two fairs†
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 other 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 likewise 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, for the which his majesty, with consent foresaid, has dispensed and by this act, with advice and consent foresaid, dispenses for ever.
12 September 1639
Read, voted and passed in articles, without prejudice of the sheriff's privileges in these new fairs as it has been in others.
17 November 1641
Read, voted and passed in parliament without reservation.
[A1641/8/166]*[print] [email] [cite] [preceding] [following]
I, Sir William Douglas of Cavers, knight, sheriff of Teviotdale, by this statement, consent for me and my successors that the act granted by the king and parliament in favour of the town of Jedburgh regarding their fairs be extracted to them without the exception and reservation set down in my favour therein. Which exception and reservation I am content and consent be deleted and held as not motioned at all therein by this statement, subscribed with my hand.
[A1641/8/167]*[print] [email] [cite] [preceding] [following]
Protestation of the burgh of Renfrew against [John Shaw], laird of Greenock
We, the provost, bailies, council and community of the burgh of Renfrew, understanding that John Shaw of Greenock is to obtain in this present parliament a ratification of his infeftment granted to him by his majesty of the lands of Greenock and erecting of a burgh and barony, liberties and privileges therein contained, whereby we may be prejudiced in our rights, privileges and liberties belonging to our said burgh of Renfrew, therefore we do protest that any ratification to be granted to the said John Shaw be in no way prejudicial to our said burgh, liberties and privileges thereof contained in our ancient infeftments according to the law. And hereupon I, John Spreull, commissioner for the said burgh of Renfrew to this present parliament, for myself as commissioner foresaid and in name and on behalf of the said provost, bailies, council and community of the said burgh, ask instruments.
[A1641/8/168]*[print] [email] [cite] [preceding] [following]
Protestation of Renfrew against Glasgow†
We, the provost, bailies, council and community of the burgh of Renfrew, understanding that the burgh of Glasgow is to obtain in this present parliament a ratification of their infeftments granted to them by his majesty and his predecessors of their burgh, liberties and privileges therein contained, whereby we may be prejudiced in our rights, liberties and privileges belonging to our said burgh of Renfrew, therefore we do protest that any ratification to be granted to the said burgh of Glasgow be declared to be in no way prejudicial to our said burgh, liberties and privileges thereof contained in our ancient infeftments according to the law. And hereupon I, John Spreull, commissioner of the said burgh of Renfrew to this present parliament and in name and on behalf of the provost, bailies, council and community of the same burgh, asks instruments.
[A1641/8/169]*[print] [email] [cite] [preceding] [following]
Provision and declaration to be inserted in the ratification of the late charter granted in favour of the burgh of Glasgow, in favour of Dumbarton
And it is hereby declared by our sovereign lord and estates foresaid that the infeftment above-mentioned granted to the burgh of Glasgow, nor this present ratification thereof, shall in no way be prejudicial to the burgh of Dumbarton, provost, bailies, council and community thereof and their successors, regarding their liberties, privileges, customs and duties whatsoever pertaining to them whereof they have right or possession, and especially regarding the liberties of the river and water of Clyde, fishings, customs, anchorages and other duties thereof competent to them which are hereby expressly reserved and without any derogation thereto in any sort, in the same way as if the foresaid charter, infeftment and this ratification had never been given and granted.
17 November 1641
Presented by Patrick Bell and consented to that the protestation against the ratification be admitted, which the estates admit.
[A1641/8/170]*[print] [email] [cite] [preceding] [following]
Protestation of [James Livingstone], lord Almond regarding Denny†
We, James, lord Livingstone of Almond and Callander, in respect of a pretended reference from the late general assembly held at Edinburgh for disuniting of the chapel of Denny from Falkirk, as heritable and undoubted patron of Falkirk, Denny and Muiravonside, do protest in the contrary in respect that neither we as patron, neither as the titular of the foresaid mother kirk with the pendicles thereof were ever cited or admonished to compear either before the foresaid general assembly, either before this present honourable parliament, that we might have been heard to give in our reasonable exceptions in law against the said disunion as parties without whose consent or legally declared inexcusableness no such act can be granted in law. And further if it shall please (nevertheless of the former reason whereto still we adhere until in law it be discussed) this present parliament to proceed in disuniting the said pendicle and chapel of Denny from the foresaid mother kirk of Falkirk, we do protest that the foresaid deed tend not to the prejudice of our heritable right of patronage, neither to be extended in any sort to the burdening of us as patron and titular with any further impositions or exceptions for further augmentation of stipend upon tacks of teinds or feu duties of lands held of us lying within the said mother parish of Falkirk and chapel and pendicle of Denny etc.
[A1641/8/171]*[print] [email] [cite] [preceding] [following]
Ratification in favour of Craigievar†
Our sovereign lord and estates of parliament ordain an act to be made therein to and in favour of his highness's beloved Sir William Forbes of Craigievar, knight baronet, ratifying and approving the charter made and granted by our sovereign lord the king's majesty, with advice and consent of his highness's treasurers and comptrollers principal and depute and other lords of his highness's secret council of Scotland, his highness's commissioners for the time, to the late Master William Forbes of Craigievar in liferent and to the said William, now Sir William Forbes, his eldest son, his male heirs and of tailzie contained therein in fee heritably of all and sundry the towns and lands of Fintry and others contained therein and therein particularly nominated, all thereby and of before united, annexed and incorporated in a whole and free barony called the barony of Logie Fintry upon the said late Master William and Sir William Forbes their own resignation, and the new gift and disposition therein contained thereby granted by his majesty, with consent foresaid, to the said late Master William Forbes in liferent and to the said Sir William, his son, his male heirs and of tailzie therein contained heritably of all and sundry the particular towns, lands, crofts, mills, woods, fishings, kirks, patronages, teinds and others specially and particularly contained therein by virtue of the act of dissolution underwritten made for that effect in manner mentioned in the said charter and union thereof, in a whole and free barony called the barony of Logie Fintry, then as of before, and erection of the town and lands of Halton of Fintry in a free burgh of barony, for ever to be held of our sovereign lord and his highness's successors in fee, heritage, free barony and free burgh of barony and free blench ferm in manner specified in the said charter, which is under his majesty's great seal of the date at Edinburgh, 29 April 1625, with the procuratories and instruments of resignation whereby the said lands, barony and others foresaid were resigned by the said late Master William and William, now Sir William, Forbes, in the hands of his highness's late dearest father of worthy memory and his commissioners for the time in their own favour. And also the act of dissolution made in the parliament held at Edinburgh upon 4 August 1621, whereby his majesty, with consent of the estates of parliament, dissolved from the crown and patrimony thereof and from the first act of annexation of all kirklands and kirk rents within this realm to his highness's crown and from all other annexations both specially and generally made thereto of before all and sundry the said towns, lands, kirks, patronages, teinds and others contained in the said barony of Logie Fintry and charter thereof above-written pertaining of before to the abbacy and lordship of Lindores, to the effect it might be lawful to his highness and his successors to give and convey the same to the said late Master William Forbes in liferent and to the said Sir William, his son, and his male heirs and of tailzie contained therein in fee heritably, to be held of his majesty and his successor in free barony and free blench ferm in manner specified in the said act upon the which resignation and act of dissolution the said charter proceeded, with the precept and instrument of sasine following upon the said charter, of whatsoever dates, tenors or contents the said procuratory and instrument of resignation, precept and sasine be of or bears, 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 will, grant, decree and ordain that this present ratification is and shall be as effectual and sufficient and of as great force, strength and effect as if the said charter, procuratory and instrument of resignation and act of dissolution whereon the same proceeded, precept and sasine following thereupon were all at length word for word herein inserted and engrossed, notwithstanding the same be not so done. Concerning which, and with all other defects and imperfections that may be proposed against the same and validities thereof or this present ratification of the same, our said sovereign lord and estates of parliament has dispensed and by this ratification dispenses for ever. Given at [...].
5 October 1639
Read, voted and passed in articles.
11 November 1641
Read and approved by the committee.
This is rejected.†
[A1641/8/172]*[print] [email] [cite] [preceding] [following]
Protestation of [John Maitland], lord Maitland against [James Home], earl of Home†
I protest that the ratification of the contract between the heirs of the late Earl of Home and this Earl of Home does not prejudice me because I have intended an action for reduction of it.
[A1641/8/173]*[print] [email] [cite] [preceding] [following]
17 November 1641
In parliament
[Archibald Campbell], marquis of Argyll protested that the ratification passed in favour of [George MacKenzie], earl of Seaforth of his infeftment, rights and securities of the barony of Lewis should in no way be hurtful nor prejudicial to the said marquis, his heirs and successors regarding their right to the heritable office of justiciary of the said lands and barony of Lewis and privileges, liberties, immunities and casualties belonging thereto.
[A1641/8/174]*[print] [email] [cite] [preceding] [following]
Act of ratification of the gift of the nomination of the clerk of bills before the lords of session in favour of Sir James Galloway, his majesty's secretary†
In the parliament held at Edinburgh, the [...] day of November 1641, our sovereign lord, with consent of the estate of parliament, ratifies and approves the signature passed by his majesty in favour of Sir James Galloway, his majesty's secretary and master of requests, containing a dissolution of the clerkship of the bills before the lords of session from [Sir Alexander Gibson of Durie], clerk register, his office, and the annexation of the same to the said Sir James, his office of master of requests. And with power to the said Sir James to nominate a qualified and sufficient man to be clerk of the said bills so often as the said place shall become vacant at any time hereafter during the said Sir James's lifetime, either as master of requests or otherwise, with the whole heads and articles thereof, as at length is contained in the said signature of the date 21 October last. And wills and declares that this present ratification shall be as valid and effectual as if the whole tenor thereof were inserted. Extracted.
22 of November 1641
Received by me George Abernethy, servant to Master James Galloway, his gift above-mentioned.
G. Abernethy
This is rejected.†
[A1641/8/175]*[print] [email] [cite] [preceding] [following]
Act of ratification of the gift of appointing commissary clerks and procurators fiscal with recommendation of the commissaries in favour of Sir James Galloway, his majesty's secretary†
In the parliament held at Edinburgh, the [...] day of November 1641, our sovereign lord, with consent of the estate of parliament, ratifies and approves the signature passed by his majesty in favour of Sir James Galloway, his majesty's secretary and master of requests, of the nomination and appointing of all commissary clerks and procurators fiscal, with the recommendation of the whole commissaries within this kingdom, when either of their places shall become vacant at any time hereafter during the said Sir James's lifetime, at least until it be expressly recalled by his highness, as at length is contained in the said signature of the date 21 October last, with the whole heads and articles thereof. And wills and declares that this present ratification shall be as valid and effectual as if the whole tenor thereof were inserted. Extracted.
22 November 1641
Received by me George Abernethy, servant to Master James Galloway, his gift above-mentioned.
G. Abernethy
This is rejected.†
[A1641/8/176]*[print] [email] [cite] [preceding] [following]
I, Sir Andrew Skene of Auchtertool, for myself and in name and on behalf of the poor parishioners of Auchtertool, do protest that the ratification granted by parliament in favour of the beadsmen of the Magdalene Chapel of the gift and mortification granted to them by the king's majesty of the rents, teinds and duties of the bishopric of Dunkeld therein mentioned be in no way prejudicial to a mortification granted by his majesty to a schoolmaster within the parish of Auchtertool of the sum of £92 which was formerly paid to the late bishops of Dunkeld and now due to his majesty out of the same parish for the feu duty of the lands within the same.