Forasmuch as the pride and insolence of excommunicated persons does exceedingly increase and that dreadful censure of excommunication is much slighted and brought into contempt, whereby not only the offenders are stubbornly hardened in their obstinate impenitence but God is much dishonoured by their contempt of his ordinance. For remedy whereof, the estates of parliament ratify and approve all preceding acts and ordinances of parliament against excommunicated persons, ordaining the same to be put in due execution; and, in respect of the impenitence of excommunicated persons and their disobedience to and contempt of all ecclesiastic discipline, do further statute and ordain that (40 days being past after the sentence of excommunication) letters be directed for denouncing all excommunicated persons his majesty's rebels and putting them to the horn at the instance of the king's advocate, the procurator for the kirk, the presbytery or other superior kirk judicatory interested, or either of them, and that by warrant of any of the lords of privy council or session, which letters shall be executed at the market cross of Edinburgh and pier of Leith and the denunciation used by virtue thereof in these places shall be sufficient against them. Ordaining also letters of intercommuning and letters of caption to be directed upon their denunciation, and that in the execution of caption all the lieges concur and be assisting. Discharging hereby all suspensions, relaxations and warrants whatsoever for liberty to excommunicated persons unless they certify by writ that they have given full obedience and satisfaction to the kirk and made real payment of the penalties they incur by the 13th act of the parliament in the year 1641 made against excommunicated persons. And the estates of parliament ratify and approve all acts of convention and secret council made against Jesuits, papists, priests and excommunicated persons, and especially the acts of secret council made against them upon 5 July 1642†, printed the same year, namely: concerning the incapacity of professed papists refusing to communicate to have place in public judicatories or to hold any office in the kingdom or to have access to the court; concerning the debarring of excommunicated papists from processes and offering a roll of their names for that purpose; concerning the directing of letters of treason and intercommuning against excommunicated papists, denounced rebels; recommendation to the lyon for discharging messengers suspect of popery and refusing the covenant; recommendation to the lords of exchequer for the escheats and liferents of excommunicated papists and for observing duly the 13th act of the parliament 1641; and an ordinance that husbands shall be accountable that their wives shall not harbour, supply nor intercommune with Jesuits nor priests, and that he nor she shall not be served by papists, and that none shall be admitted to their service but such as shall have a testimonial of the soundness of their religion from the minister where they dwelt under the pains contained in the acts of parliament made against harbourers of Jesuits, seminary and mass priests, and especially under the pains contained in the said 13th act of the parliament 1641. Which ordinance concerning the receipt of Jesuits and priests, together with the other acts concerning professed and excommunicated papists, are hereby extended to all excommunicated persons whatsoever respectively, ordaining the said acts and ordinances of council to be put to due execution accordingly.
[1646/11/399]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering that the observing of Yule day and other superstitious days is much occasioned by miners and salters removing and entering at Yule, therefore they ordain that the terms of removal and entry of all miners and salters shall hereafter be upon 1 December yearly, discharging any entry or removal to be at Yule hereafter. Inhibiting also all and every one to observe the said superstitious time of Yule or any other superstitious days in any manner of way, and that under the pains contained in the acts of parliament made against profanation of the Sabbath. And recommend to all whom it concerns to see this act observed and the contraveners punished in their persons and goods as appropriate.
[1646/11/400]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into consideration the petition of Mr James Robertson, justice depute, showing that he was ordained to attend the committee of processes all the time of the parliament in 1644 and 1645, and has constantly attended all references from this and preceding parliaments to the justice court, and that the parliament has nominated him to meet with the committee for acts and overtures at all convenient occasions albeit he has had never any satisfaction for his bygone pains nor encouragement for time to come, and therefore desiring that the parliament would recommend him and his service to be taken into consideration by the committee for monies, as the supplication bears. And herewith also considering the worth and deservings of the said Mr James Robertson for his pains aforesaid, the said estates ordain and appoint the sum of £100 sterling to be given and paid to the said Mr James Robertson for his pains aforesaid and do hereby seriously recommend him to the committee of estates to take some effectual course for his real payment of the same sum, for the which this act shall be a sufficient warrant.
[1646/11/401]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, now convened in this sixth session of the first triennial parliament, by Andrew, lord Fraser, showing his constant adherence and faithful endeavours for advancing this cause and covenant and preservation and safety of the kirk and kingdom against the rebels and enemies thereof and his great losses and sufferings in pursuance of these ends, and that the committee of processes and monies in the north had given decreet and sentence in the supplicant's favour at Aberdeen upon 21 October last against the laird of Drum, elder, and his lady, declaring the penalty of £50,000 Scots incurred by them for contravening the act of the committee of estates in their transportation southward to be incurred by them as said is, and ordaining the same to be paid to the petitioner; and therefore desiring the estates of parliament to take the supplicant's distressed condition with his sufferings and losses into consideration and to provide some remedy that he be not utterly ruined, as also to confirm to him the aforesaid decreet and sentence given in his favour against the laird of Drum and his lady, as the supplication in the self at more length bears. Which supplication, being upon 8 December last read in audience of the parliament, the same was then remitted, with the decreet and process whereupon it proceeded, with the supplication and reasons given in by the laird of Drum against the same, to the several bodies of the estates to have been considered by them at their meetings apart; and the aforesaid supplication, with the defences and reasons given in by the laird of Drum against and answers made thereto by the Lord Fraser, with the pass and assurance granted by Major General Middleton in favour of the laird of Drum of 24 July 1646 giving him full assurance of his life and fortune to be unquestioned in either of them for any deed done by him in the course he had formerly been on or in relation thereto, being all this day newly read in audience of the parliament, after that the said parties were called and the Lord Fraser, supplicant, compearing personally, and Sir Alexander Irvine of Drum compearing also personally, who was heard by word of mouth to propose what further he had to say anent the premises, which whole premises, being at length debated, heard, considered and advised by the estates of parliament, the said estates find and declare that the said Sir Alexander Irvine of Drum's not going to the bounds to which he was confined by the aforesaid committee of estates, according to their said act made relating thereto, and his contravention of the committee of estates' ordinance mentioned in the said act, is not an act done in the rebellion or in relation thereto and so falls not under the compass of Major General Middleton's pass and assurance aforesaid granted by him to the laird of Drum; and therefore the said estates of parliament, notwithstanding of the aforesaid pass and assurance and of the whole reasons and defences given in by the laird of Drum and proposed by him by word of mouth against the desires of the aforesaid supplication, find and declare that the said Sir Alexander Irvine, elder, of Drum has contravened the aforesaid act and decreet of the committee of estates and incurred the said pain of contravention expressed therein, and in respect thereof the said estates decree and ordain the said Sir Alexander Irvine of Drum to pay the aforesaid sum and contravention of £50,000 Scots contained in the aforesaid decreet given against him relating thereto by the said committee of processes and monies for the north and according to the same decreet, which decreet the estates hereby ratify and ordain and allow the sum of 10,000 merks Scots in the aforesaid first end of the said sum and contravention of £50,000 to be paid to the widow and bairns of the late Alexander Pearson, burgess of Montrose, according to an act of 5 March 1647 made by the parliament in their favour, modifying the said sum of 10,000 merks and allowing the same to them out of the first end of the £50,000 of contravention above-specified; and ordain letters to be directed hereupon (if need be) in the appropriate form.
[1646/11/402]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken the desires of the general of artillery for his payment of the principal sum of 50,000 merks owing to him by the public and given out by him for the use of the public and annualrents thereof, together with the deservings and condition of the general of artillery, they ordain him to have full and complete payment of the sums due to him and annualrents thereof to the payment, and that in the first place and out of the first monies which come from England towards the supply and maintenance of our army. And further, if this way shall not prove real and effectual payment to him, in that case the estates of parliament remit and hereby seriously recommend the general of artillery to the committee of estates for the time being, that they may give order to [Sir John Wemyss of Bogie], commissary-general, and his deputes for payment to the said general of artillery of the aforesaid principal sum and annualrents then resting unpaid out of the remainder and surplus of the maintenance, excise or any other public dues left over after payment of the present standing army, for the which this act shall be a sufficient warrant.
[1646/11/403]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by Archibald [Campbell], marquis of Argyll, John [Lindsay], earl of Crawford [Lindsay], William [Keith], earl Marischal, John [Kennedy], earl of Cassilis, James [Murray], earl of Tullibardine, George [Seton], earl of Winton, James [Ogilvy], earl of Findlater, William [Hamilton], earl of Lanark, James [Livingstone], earl of Callander, John [Hay], lord Yester and [Andrew Fraser], lord Fraser, curators to a noble earl, Gilbert, earl of Erroll, showing that they, having considered the present estate and condition of the earl of Erroll's affairs, find him to be under such burdens that for his relief some part of his lands and estate be sold, and that they had done diligence to find out merchants for buying the lands of Urie and pertinents thereof and of the barony of Essilmont and such others of the earl's lands as are suitable to be sold for relief of his burdens; and accordingly have agreed with William, earl Marischal for the sale of the lands of Urie at the price of 2,000 merks for each chalder of victual and each 100 merks of silver rent overhead, all customs being converted in money and the money and victual rent being near equal in quantity, according to contract passed between the earl of Erroll and his curators on the one part and the Earl Marischal on the other part. As also that the supplicants intend so soon as merchants can be found to sell the said barony of Essilmont or such other of the earl of Erroll's lands as may most conveniently be sold, and therefore, and in respect that the aforesaid bargain is for sale of a minor's lands for defraying his debts, desiring the aforesaid sale and bargain of the lands of Urie at the price aforesaid agreed upon with the Earl Marischal to be declared by the parliament to be a profitable bargain for the good of the earl of Erroll, minor; as also to find and declare that it is and shall be lawful to the supplicants to convey the barony of Essilmont or such other lands pertaining to the earl of Erroll as most conveniently may be sold at such competent prices as the earl of Erroll or any five or six of his curators shall think fit until the earl of Erroll be relieved of his burdens, and to ordain the said earl (and failing of him by death, his nearest heir after their majorities) to ratify the said bargains with the contracts and securities to be passed thereupon, as the aforesaid supplication more fully bears. Which supplication being read in audience of the parliament and the same with the desire thereof heard, considered and advised by the estates of parliament, they find and declare that the aforesaid sale and bargain of the said lands of Urie at the price above-written agreed upon with the Earl Marischal is a profitable bargain tending to the good and relief of the earl of Erroll, minor, and they approve the same and hereby interpose the authority of parliament thereto, and ordain the said earl of Erroll (and failing of him by death, his nearest heir after their majorities) to ratify and approve the said bargain with the contract and other securities passed or to be passed with the said Earl Marischal relating thereto. And likewise find and declare that it is and shall be lawful to the supplicants to sell and convey the said barony of Essilmont or such other lands pertaining to the said earl of Erroll as most conveniently may be sold at such competent prices as the said earl of Erroll or any five or six of his curators shall think fit until the earl of Erroll be relieved of his burdens. And the estates ordain the said earl (and failing of him by death, his nearest heir) to ratify and approve the said bargains with the securities to be passed relating thereto after their majorities and perfect age of 21 years complete.
[1646/11/404]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the overture and information concerning the house of Delgatie and horrid crimes committed there, mentioned in the said information presented to the parliament from the commissioners of the general assembly, the estates of parliament do hereby recommend to the general officers of the army to reduce that house and to secure all the persons, men and women therein, that they may be forthcoming to underlie the law for the crimes and insolencies mentioned in the said information. As also to secure those goods in the house of Delgatie that belong to Mr Thomas Mitchell, minister, whose hard condition the estates likewise recommend to the general officers of the army.