[1644/1/17]*[print] [email] [cite] [preceding] [following]
Sederunt
[1644/1/18]*[print] [email] [cite] [preceding] [following]
The convention of the estates having taken into their consideration the procedure of the committee of the said convention, with the several acts and orders made by them for allowing, authorising, swearing and subscribing the Solemn League and Covenant of the three kingdoms, for raising of an army to go into England and appointing a committee to go along forthwith, for publishing of declarations and informations concerning the same, for allowing and signing treaties between the kingdom and the kingdom of England, in pursuance of the end contained in the covenant, and for settling and securing of the town of Berwick, for engaging the public faith of this kingdom with the public faith of the kingdom of England for £200,000 sterling, together with several acts, orders, precepts, decreets, sentences and others passed and completed by them and contained in their public register, do find that the said committee of estates have faithfully discharged that trust committed to them and do therefore approve of their proceedings as conducive to the good of religion, his majesty's honour and peace of this kingdom, and interpose their authority to all and every one of the said acts, decreets, sentences and orders and ordain them to stand and have execution, according to the tenor thereof. And this approbation and ratification to be as valid as if the whole acts of the committee were particularly herein inserted.
Likewise the estates ratify and approve the commission granted to the committee of estates, colonels and committees of war, and ordain the same to stand and have execution, according to the tenor thereof.
[1644/1/19]*[print] [email] [cite] [preceding] [following]
The convention of estates, taking into their consideration the prejudice that may come to those subjects who hold their lands ward of the king's majesty or of any other superior whatsoever and shall happen to die in the defence and maintenance of the religion and of the laws and liberties of the kingdom during the time of the present troubles thereof, have statute and ordained and hereby statute and ordain and declare that the profit and benefit of the ward, marriage, non-entry and relief failing by the death of any of those who shall happen to die in manner and for the cause aforesaid, with the whole commodity that can follow upon the same, shall only pertain and freely be given and conveyed to the heirs, widow and bairns of those who shall happen to die as follows, namely: where the widow and other bairns (by the heir) shall be found provided by the deceased, then and in that case the whole benefit of the ward, marriage, non-entry and relief shall solely belong to the heir; but where the widow and other bairns (by the heir) be not provided, in that case the benefit of the marriage shall only pertain to the heir and the profit, benefit and commodity of the ward, non-entry and relief shall be employed and used for the subsistence and maintenance of the widow and bairns unprovided, and also for the maintenance of the heir if he has no other means for maintenance; and what is surplus by the widow and bairns' maintenance aforesaid, ordain the same surplus to be employed for the provision of the said other bairns by the heir unprovided as said is, providing always that the said heirs and other persons aforesaid to whom the benefit of the said ward, marriage, non-entry and relief is provided to pertain in manner respectively before rehearsed be not found to have stood against the maintenance of religion, laws and liberties of kirk and kingdom, contrary to the late covenant ratified in this present convention. As also the said estates find and declare that the king's majesty and all other superiors whatsoever of the said ward holdings shall be altogether secluded from the benefit of the aforesaid ward, marriage, non-entry and relief failing by the death of their vassals in manner and for the cause before rehearsed.
[1644/1/20]*[print] [email] [cite] [preceding] [following]
The convention remits to the committee of estates to consider their act of 9 October anent the colonels of Stirlingshire and to take such course in that particular matter as they shall think fit for the good of the service, notwithstanding of the general act of the estates approving all the acts of the committee.
[1644/1/21]*[print] [email] [cite] [preceding] [following]
The convention of estates recommend and thereupon give full power and commission to the committee of estates to take such course as they shall think fit for the sitting or raising of the session.
[1644/1/22]*[print] [email] [cite] [preceding] [following]
The estates declare that if any gentlemen or any others will willingly go on in this expedition and either make up a troop or troops of horse themselves, or else join with other troops and be ready for service as they shall be commanded, they shall have pay according to the rest of the army.
[1644/1/23]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament convened in June 1640, considering the privilege and exemption enjoyed by the nobility and barons of the kingdom whereby they are exempt of all custom of goods imported to their own use, and that the same might more specially be enjoyed for the arms brought home for defence of the kingdom in the time of the late troubles, did therefore ordain that all ammunition and arms brought home since 1637 should be free of custom; and the estates now convened, finding the necessity of having arms brought home at this time in respect of the present expedition and posture of the kingdom, do therefore, according to the act, ordain that all arms and ammunition to be brought home this year shall be free of custom, and inhibit and discharge all customs officers or receivers of exacting any custom or imposition for any kind of arms or ammunition to be imported during the time aforesaid, and of arresting and detaining the said arms and ammunition or any goods belonging to the merchants, importers thereof, for any custom acclaimed for the same, which the estates find not reasonable to be granted at this time.
[1644/1/24]*[print] [email] [cite] [preceding] [following]
Forasmuch as the commissioners of the common burdens by their act of 19 August 1642, after account and reckoning, found the sum of £33,144 Scots money to be due by the estates of this kingdom to Colonel Alexander Hamilton, general of the artillery, and accordingly by their act of 31 March 1643 ordained William Thomson or any other receiver for the public to pay and deliver to the said general of artillery or any having his order the said sum of £33,144 Scots money, and likewise to make payment to him of the total annualrents of the said sum which shall be due therefore at the payment of the same; and the said general of artillery having now received the principal sum above-written, together also with the sum of £3,314 7s 11d aforesaid as a year and a quarter's annualrent of the said sum, from the term of Lammas [1 August] 1642 to the term of Martinmas [11 November] last in this year of God 1643, and accordingly has given a discharge thereof to the said William Thomson in name of the said estates of this kingdom; and whereas the said general of the artillery, out of his affection to the good of the cause now in hand and advancement of this expedition now intended by this kingdom for the prosecution of the ends expressed in the covenant, has at the earnest desire of the convention of estates of this kingdom lent at the feast and term of Martinmas last the sum of 50,000 merks good and usual money of this realm of Scotland of the sums above-written, to be employed and made use of by the said committee of estates to the use of the public for the ends above-written, therefore we, the convention of estates under-subscribing, do hereby grant the receipt of the said sum of 50,000 merks from the said general of artillery, and declare the same to be a public debt due by the estates of this kingdom; and accordingly do bind and oblige us and our successors, the estates of this realm present and to come, to thankfully satisfy and pay the said Colonel Alexander Hamilton, general of the artillery, his heirs, executors or assignees the said sum of 50,000 merks money aforesaid between the date hereof and the feast and term of Whitsunday [9 June] 1644, together with the sum of 2,000 merks money aforesaid as for the annualrent of the said sum from the said term of Martinmas last that the same was borrowed to the said term of Whitsunday next to come, that the same should be paid without longer delay; together also with the ordinary annualrent of the said principal sum yearly, termly and continually thereafter, always and so long as the same shall remain unpaid after the said term, as well, by virtue of this present act, they not being infeft and seised as infeft and seised in the said annualrent and not entered as entered thereto; without prejudice always of such action and execution as may follow hereon for payment of the said principal sum and annualrent thereof aforesaid at any time after the said term of payment be passed, without premonition or requisition notwithstanding of the aforesaid clause and condition of annual paying.
[1644/1/25]*[print] [email] [cite] [preceding] [following]
Forasmuch as Archibald, marquis of Argyll is appointed to go along with the army as president of the committee of estates that goes forthwith, and whereas it is fitting that there should be some companies of horse ready to attend the committee and his lordship, and that a complete allowance be appointed to them, therefore the convention do declare that whatever gentlemen or any others will willingly furnish and provide themselves with horse and arms and attend the service aforesaid, they shall have pay according to the rest of the horsemen in the army, and their foot men, having snap guns and swords, shall have the pay of foot soldiers.
[1644/1/26]*[print] [email] [cite] [preceding] [following]
Forasmuch as the convention of estates of this kingdom considering how necessary it is that all means be used for providing victual for maintenance of the armies in England or Ireland and provision of the kingdom within, and the prejudice likely to ensue through the avaricious disposition of some private persons, who, for their own advantage, do daily transport all manner of victual out of this kingdom, if the same be not prevented by a general restraint, they do therefore ordain heralds and messengers of arms to pass to the market cross of Edinburgh and other places needful, and there, by open proclamation, to command, charge and inhibit all his majesty's subjects of whatsoever rank and quality that none of them presume nor take upon hand after the date hereof to transport out of the kingdom any manner of victual, wheat, barley, oats, meal or rye without special licence from the committee of estates, under the pain of confiscation of the said victual and ships carrying the same, if they can be had; and failing thereof, under the pain of confiscation of the moveable of the transporters and masters or owners of the ships transporting the same, and such further punishment as the committee shall think fit. Commanding hereby all magistrates to burgh and land and all searchers to make diligent trial and to lay on an embargo of all ships, barks or boats transporting any victual embarked or to be embarked without licence as said is, as they will be answerable upon the duty of their lives.
[1644/1/27]*[print] [email] [cite] [preceding] [following]
The convention of estates having this day received an act of the commissioners of the general assembly for planting of kirks of his majesty's patronage during the time of these troubles, presented to them by Mr Robert Douglas, moderator, and Mr Andrew Ramsay, and having considered the same and the recommendation contained for providing some way by authority of this convention for settling and possessing the entrants in the stipends and benefices belonging to these kirks, and finding no way so fit for that end and for preserving the right and possession of the patronages to his majesty than that in this time of trouble presentations pass his majesty's cachet and privy seal, which is similar to and is hereby declared to be of as great force and authority as if the same had passed his majesty's royal hands; therefore give hereby warrant and command to the commissioners of the treasury, or any one of them, to receive presentations from presbyteries to all kirks of his majesty's patronages becoming vacant or which hereafter shall become vacant during these troubles and to sign the same. And ordain the same so signed to pass his majesty's cachet and thereafter the privy seal, and that all letters and executorials necessary be directed thereupon. And recommend to the commissioners of the kirk to intimate this to presbyteries, that they choosing fit and well qualified men with consent of parishes, the presentations to the vacant kirks of his majesty's patronage during these troubles may be passed in the manner aforesaid, whereupon the entrants may obtain all letters and executorials necessary. Which way the estates think agreeable to the desire and intention of the commissioners of the assembly.
[1644/1/28]*[print] [email] [cite] [preceding] [following]
The declaration of the kingdom of Scotland and England, joined in arms for the vindication and defence of their religion, liberties and laws against the popish, prelatical and malignant party, by the honourable convention of estates of the kingdom of Scotland and the honourable houses of the parliament of England etc. in the year 1644.
If either Christian duty, which, by reason of the light of the Gospel so clearly shining amongst us, might have been expected from the professors of religion, or if natural affection, which even in the heathen and infidels ignorant of Christ has abounded toward their native country, or sincere respect to his majesty's honour and happiness could have been found in the ways or hearts of our common enemies of truth and peace; if they had either feared God or regarded men or yielded to our importunities, we had not, after so many petitions, declarations and remonstrances as have filled all men's ears and hands, been put to this necessity of a new declaration, which therefore must be more pathetic and pressing than any of the former. Nor after so many troubles and sufferings of the kingdom of Scotland, after the desolation of the kingdom of Ireland and after so much blood and so many unnatural tragedies in the kingdom of England had we been reduced to this present condition and joint posture of arms, the Lord, whose counsels are a great depth and who is righteous in all his ways and holy in all his works, has just cause of controversy against us and this whole island. But who would have believed that our religion, liberties and laws which for so long a time have endured opposition and assaults of foreign power envying our happiness would have been opposed, oppressed and trod under foot by the craft and cruelty of our own natives and countrymen?
In this our extremity, first of all we declare that we place not our confidence in our own counsels and strength, but our confidence is in God Almighty, the Lord of hosts who will not leave nor forsake his people. It is his own truth and cause that we maintain with all the reformed churches and which has been witnessed and sealed by the testimonies, sufferings and blood of so many confessors and martyrs against the heresy, superstition and tyranny of Anti-Christ, the glory of his own name, the exaltation of the kingdom of his son, and the preservation of his church and of this whole island from utter ruin and devastation is our aim and the end which we have before our eyes. His covenant we have in both nations solemnly sworn and subscribed, which he would not have put in our hearts to do if he had been pleased to destroy us. The many prayers and supplications which these many years past, but especially of late, have been offered up with fasting and humiliation and with strong crying and tears to him that is able to deliver and save us are a seed which promises to us a plentiful harvest of comfort and happiness; and the apostasy, atheism, idolatry, blasphemy, profaneness, cruelty, excess and open mocking of all godliness and honesty have filled the cup of our adversaries to the brim and threatens their speedy and fearful destruction unless it be prevented by such extraordinary repentance as seems not yet to have entered into their hearts. Upon these and similar grounds and considerations, being confident that this war in which both nations now firmly united are so deeply engaged is of God, we resolve with courage and constancy to the end to do our part, and the Lord who has stirred up our spirits, displayed his banner before us and given the alarm, to do that which seems to him good.
Secondly, although every man is to hope for the principal reward of his service from God (who rewards every one according to his works), yet we find ourselves bound in conscience and equity to declare that beside those who have the public faith engaged to them for their security, such as since the beginning have done valiantly and dealt faithfully in this cause, and such as have chosen rather to suffer the spoiling of their goods than to assist the enemy or to take arms against their religion and country, and shall continue constant in the same course of suffering to the end, shall be according to their merit taken into public notice and consideration, their losses (so far as may be) repaired and themselves honoured and rewarded by such means and ways as we trust God in his providence shall afford and the parliaments or estates of the two kingdoms respectively shall in their wisdom, justice and thankfulness judge most convenient, so that no man who has been eminent in action or has suffered any notable loss for the public shall be neglected or slighted, but one way or another shall be thankfully remembered to his own honour and the good of his posterity.
Thirdly, although neutrality and indifference in the time of the danger of religion be a thing detestable to God (who wills all Christians earnestly to contend for the faith), and such as have been neutrals or indifferent in the time of civil divisions and danger of the commonwealth have been in all nations severely punished as pernicious and public enemies, yet that the conscience of all men may be the more convinced and all pretexts removed, we give now public warning to such persons to rest no longer upon their neutrality or to please themselves with the naughty and slothful pretence of indifference; but that they address themselves speedily to take the covenant and join with all their power in the defence of this cause against the common enemy, and by their zeal and forwardness hereafter to make up what has been wanting through their lukewarmness. This they will find to be their greatest wisdom and safety, otherwise we do declare them to be public enemies to the religion and country, and that they are to be censured and punished as professed adversaries and malignants.
Fourthly, because a great many of the multitude of the people, upon ignorant mistakes, false informations and threats or compulsion against their wills and inclinations, have been induced or constrained to join in arms with the enemy against their religion and native country, we do declare that all common soldiers who upon the humble acknowledgement of their former errors shall offer themselves willingly and speedily to take the covenant and shall join heartily and really in the defence of this cause, as becomes good Christians and lovers of their country, shall be freely accepted in the covenant and their former errors passed by. Otherwise, let them expect the punishment of wilful delinquents and malignants.
Fifthly, because some of the Scottish nation upon their own private respects or upon specious pretences and fair persuasions have joined themselves in arms with the popish, prelatical and malignant party against the parliament and kingdom of England, and not considering the nature of the cause in which they have been engaged nor the deep interest of the church and kingdom of Scotland upon which this war was to turn, in the end have been fighting against their own religion and native kingdom, we do therefore again warn all such of whatsoever quality and in whatsoever place speedily to withdraw themselves from that faction, to confess their mistakes and to join in the covenant and cause of God in both kingdoms before the [...] day of [...]. Otherwise, we declare on behalf of the kingdom of England that they are to expect no favour, but are to be used as desperate malignants. And we declare on behalf of the kingdom of Scotland, if they either continue in arms after the aforesaid [...] day of [...], or withhold their help and assistance from their native country in this time of trouble and danger, they are to be censured and punished as public enemies to their religion and country, perfidious transgressors of their National Covenant and their estates disposed upon for the use of the public.
Sixthly, because there be various noblemen, knights, gentlemen, citizens and others who, by forsaking or deserting the parliament of England and by joining themselves to the enemies of religion, his majesty's happiness and peace of the kingdoms, have made the division greater and the breaches wider between the king and his parliament, and thereby, contrary to the duty of their places and callings, have been the cause of the shedding of much innocent blood, of great losses and of many miseries and dangers to the public of both kingdoms and of the sufferings of private men in their estates and lives, and yet are not to be reckoned amongst the prime authors of this unnatural war nor amongst the malicious and desperate enemies of their religion and country, we do declare that all such forsaking their former opposition, returning to their duty and endeavouring the good of religion and the public peace shall as to their lives and liberties of their persons be secured and shall be received into favour. But to the end that a just difference may be made between such persons returning so late to their duty and those that never departed from it, they must expect that toward the payment of the public debts, relieving the common burdens of the kingdoms and repairing of particular loss (all which in great part have been contracted and sustained by their default or procurement) their estates in some proportion should be liable, and that as the wisdom and discretion of the parliament, or of such as shall be authorised by them (who will be as careful to prevent their ruin as to punish their delinquencies) shall find and judge to be necessary for that end, in which also the time of their delinquency, returning and offering themselves, the reality of their affections and intentions and readiness to join with the common cause and covenant will be taken into special consideration; and in case they persist in their opposition and shall not return before the [...] day of [...], they are not to expect favour, but shall be punished as public enemies to their religion and country.
Seventhly, because papists and popish recusants, according to the principals of their professions, have ever been plotting and contriving the change of religion in this island and the ruin of all the professors thereof; and after the frustration of their attempts, having waited for such a time as this, have alienated the heart of the king's majesty from his Protestant and loyal subjects, taken arms against the parliament and kingdom and by all their means and power have maintained a bloody and unnatural war, presuming in the end to have their execrable superstition and idolatry set up in place of the true reformed religion and the king and his kingdoms to be brought under the power and tyranny of the Pope, we do hereby declare that papists, who have been now or shall be actually in arms under the false pretence of defending of the king's person and authority, are to look for no favour, but to be punished as traitors and professed and intolerable enemies of religion and their native country. The same declaration we also make against all such Irish rebels, whether papists or others, who have come over from Ireland and assisted in this war against the parliament and kingdom of England.
And lastly, because there be some few wicked and devilish spirits of both kingdoms who have kindled and fomented the fire of division and war between the king and his parliament, or have misgoverned his majesty's counsels and courses to his own dishonour and to the destruction of his loving and dutiful subjects, or have infused malignancy in others or have been restless and active instruments of the troubles and miseries of his majesty's dominions,
We do declare, concerning those who are or shall be found by the supreme judicatories of the kingdoms respectively or their committees appointed for that effect to be such that as the conscience of their own bad deservings has made them to despair of favour and thereby unceasingly to work more and more mischief against their religion and native country, so are they to look for such execution of justice as is due to traitors and enemies of religion of the king and his kingdoms, for terror and example to others in all time to come.
And it is further now declared that the whole estates, real and personal, moveable and inheritance of those that shall not come in at the times before limited in the sixth article, and of the persons before excepted from pardon (as of papists in arms, Irish rebels and those who shall be found to come within the compass of the preceding article), shall be forfeited and employed for paying the public debts, relieving the common burdens of the kingdoms and repairing of particular losses.
And this declaration we make not from any presumption or vain glorying in the strength of our armies and forces, but from the sense of that duty which is required and expected from the high places and public relations in which we stand, and from the assurance we have of the assistance of God, by whose providence the trust and confidence of those kingdoms is put into our hands at this time; having after long and grave consultation resolved and decreed never to lay down arms until truth and peace by the blessing of God be settled in this island upon a firm foundation for the present and future generations, which shall be esteemed of us an abundant reward of all that we can do or suffer in this cause.
[1644/1/29]*[print] [email] [cite] [preceding] [following]
The convention of estates, having heard the petition given in to them by Adam White and Gavin Pitcairn, merchants in Glasgow, complaining that upon 27 November last Sir Henry Stradling, governor of Carlisle, William Aitchison, Major Edward Dick, sheriff, John Gibson and John Keaps, captains there, took from them as they were coming from England some great packs, two fardels with two horse, with £200 sterling and £20 sterling of money and left them nothing; and having heard the depositions of witnesses produced by the said plaintiffs, whereby they proved the taking of the supplicants and their said goods, and that the same are still kept by the said governor and others aforesaid, therefore the lords and commissioners of the said convention give warrant by this act to all judges and magistrates to burgh or land to cause arrest any goods being within this kingdom pertaining to the said governor of Carlisle, the said sheriff, major and captains aforesaid or any other inhabitant of Carlisle, to be made forthcoming and refunded under arrestment for satisfaction of the plaintiffs' goods and losses sustained as is aforesaid.
[1644/1/30]*[print] [email] [cite] [preceding] [following]
The convention of estates recommend to the commissioners of the treasury and lords of exchequer to give out commissions for uplifting the rents of such excommunicated persons as shall be given up to them by advocates or agents of the kirk.