The estaits of parliament ordanis that the 17 that wer formerlie upon the conferance anent the valuatiouns meit for prosecuting the articls presentlie agried upon, and for condiscending upon ane commissioun, rules and instructiouns for rectifieing the valuatiouns in tyme coming and for prosecuting the articls following, that they call for buiks and records and tak pairties oathis conform to the articls eftirspeit: First, that quhair the valuatiounes 1643 are givine in, the same be the reule for the mantinance, except whair they are beneath 1639; and in that caice the 1639 to be the rule. 3†, and quher they have bein givin in and takin up or returned againe, that the clerks records be the reule of the totall of that shyrs, the clerk making faith thairupon. Thridlie, whair they are not givin in nor recordit, that the commissiouners or some gentillmen of knowledge and knowin integritie of the shyr heir present in the toune mak faith what is the totall conform to which they have payit thair mantinance; and if they cannot mak faith upon the totall, that they mak faith what they pay out of the hundreth pund of valued rent whairby the totall may be knowine; and if the totall be under the valuatioun 1639, in that caice 1639 to be the reule. Fourtlie, and whair be non of the former means the valuatioun can be cleired, the 1639 wher it is highest be the rule.
[1649/5/271]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking to thair consideratioun that they be thair former act and gift of the dait at Edinbrugh, the fyftine day of Mairch last have givine and grantit to Johne, erle of Cassills, lord Kennedie etc. the office and place of justice generall, with all honors, dignities, fies, cassualties and uthers belonging thairto, of the quhilk act the tennor followis: Att Edinburgh, the fyftine day of Mairch 1649 yeirs. The estaits of parliament, taking into thair consideratioun that the place of his maties justice generall is now vaccand throw the sentance and deprivatioun laitlie pronuncit against Williame, erle of Glencairne, late justice generall, and for the bettir administratioun of justice it is requisit and necessar that the said place be fillit and dischairgit [be some persone] of honor and knowine abilities [fitt] for the dischairge thairof, tharfoir the saidis estaits of parliament hes nominat and appointit and be thir presentis nominats and appoints Johne, erle of Cassills, lord Kennedie etc. to be his majesties justice generall, with all honors, dignities, liberties and casualities and uthers belonging thairto als frielie in all respects as the said Williame, erle of Glencairne or any uthers hes bruikit and possessed the samyne in any tyme befoir and may now stand with the lawis of this kingdome, and ordanis ane gift to be past to him of the said office under the great seale, quhilk act and gift they doe heirby ratifie and approve in all the heids, articles and clauses thairof. And further, inrespect of the foirsaid act and gift is not so amplie extendit as is requisit, thairfoir the saids estaits of parliament constituts, nominats and appoints the said Johne, erle of Cassills justice generall during all the dayis of his lyftyme and givs and grants to the said noble erle the said office with all acknowledgment, jurisdictoun, honors, privilledgis, emoluments, commodities and casualities belonging thairto, with powar to him to affix and hold justice courts at Edinburgh or any other place or places convenient for administratioun of justice be himselff or his deputs to be appointit be him, with advyse of parliament during the tyms of parliament, and in the intervall of parliament, with advyse of counsall, and that in all causes criminall and civill belonging to the jurisdictioun of his majesties justice generall be the lawis and practice of the kingdome. And sicklyk to affix and hold justice airs conforme to the act of parliament in anno 1587 and other acts maid thairanent, and to that effect to direct letteres or precepts necessar, and use and exerce all powar and jurisdictioun competent to his majesties justice generall be the lawis and practice of the kingdome of Scotland. With command heirin to all his majesties subjects that they obey and reverence the said erle of Cassills as his majesties justice generall of the said kingdome, and that they ryse, assist and concur with him in all things that may tend to the promoting and administratioun of justice and executioun thairof and his majesties lawis and actis of parliament. And the saids estaits declaires the foirsaid gift of justiciarie shall nawayis be prejudiciall to the heritable ryght of justiciarie perteining to the duk of Hamiltoun or to Archibald, merqueis of Argyll within the samyne boundis respective conteinit in thair infeftments grantit to them thairupon and ratified in parliament, with reservatioun lykwayis of the gifts of deputatioun alreadie grantit to his majesties justice deputs quhilks are heirby excepted and reserved to his said majesties justice deputs, conform to the tennors thairof, uprejudgit heirby. And the estaits of parliament ordanis thir presents to be ane sufficient warrand to the director of our soverane lords chancellarie to writt the samyne to his majesties great seale and to the keipar thairof for sealeing of the samen without passing any uther seale or register.
[1649/5/272]*[print] [email] [cite] [preceding] [following]
The estaits of parliament now conveined, taking into thair consideratioun the many grivances representit unto them in the behalf of the heritors and inhabitants of Perth, Stirling and Clakmanane tuching the insolencies, murthers, slaughters, robberies, depredatiouns, thifts and uther nefarious cryms committed by day and night upon them by theifes, robbers and uthers wicked and unlaufull men commounlie in and about [...] who convocat themselffis togidder, armed with hostile furnitur for the bettir inabling them to commit these villanies and disturb the peace of these boundis; and the estaits of parliament, being most willing that laufull means be usit for suppressing these insolencies, punishing the offenders and securing the quyet of the kingdome, and having good experience of the affectioun and abilities of [...]†, thairfoir the saids estaits of parliament doe heirby mak and constitute the foirnamed persouns commissiouners to the effect underwrittin within the boundis of the [...], with power to any of the said commissiouners or anie having warrand from them conjointlie and severallie to passe, follow, persew, tak and apprehend the said theiffs, robbers, thair associates and followers or any others committers or who are suspect to be committers of the cryms abonewrittin within the said boundis wherevir they be apprehendit within the saidis boundis, and to committ them to any jayles maid or to be maid within the said boundis or any uther jayle thairabout as they shall think expedient till they be brought to thair tryell; from which place, any ane of the saidis commissiouners, or any having power from them as said is, are authorized to cause bring the saidis persouns so wardit to the place of the courts to be haldin be the saidis commissiouners, or any fyve of them, for thair tryell and punishment within the boundis foirsaid. And if it shall happin any of them for eschewing apprehensioun flie to strenths or elsquher within this kingdome, with power to the saids commissiouners, or any ane of them and these that shall have warrand from them respectivelie conjointlie and severallie, to passe, follow and pursue them whair evir they shall flie within this kingdome, assige the saidis strenthis, houss and use† all kynds of force and warlik ingyns that be had for taking the saidis houssis and apprehending the persouns thairin. And incaice it shall happin them or any being in the saidis houses and assisting them to be hurt and woundit, mutilat or slaine, the saidis estaits doe heirby declair that the same shall not be imputed to the saidis commissiouners or any having warrand from them, nor to the persouns assisting them in execution heirof as cryme nor offence, and that they nevir shall be persewit civilie nor criminallie thairfoir in any maner of way in tyme coming, exeiming them thairof be thir presentis. Lykas the saidis estaits doe heirby give power to them for the bettir execution heirof to carry haggbutts and pistolls and other warlyk furnitur in dischairge of this commissioun, notwithstanding whatsumever lawis maid in the contrair, quhairanent and [with] all panis conteinit thairin the saidis estaits dispenss be thir presents. And if any of the saidis persounis sall be apprehendit, with power to the saidis commissiouners or any of them to fense and hold courts at such tyms and places as they shall think expedient within the bounds foirsaid, sutes to call, absents to amerciat and in the saidis courts the saidis theivs, robbers and uther associats and all uthers committers of the cryms abonewrittin or suspect guiltie thairof to call be dittay, to accuse and put them to the knowledge of ane assyse, and as they shall be fund guiltie or innocent, to cause justice to be administrat upon them conform to the lawis of this realme [and] assysis neidfull for this effect, ilk persoune undir the paine of fourtie pundis to summond, wairne, receive and cause be sworne; clerks, serjands, dempsters and uther members of court neidfull to mak, creat, substitut and ordaine, for whom the saidis commissioners sall be haldin to anser; the escheats, unlawis and forfaults of the said courts to thair owine behove for thair service and pains to apply; and als with powar to the saids commissiouners conjunctlie and severallie to direct thair awine precepts and conveine befoir them the saids theivs, robbers and uthers foirsaid to find catioun within sex dayis befoir the saidis commissioners or ane or uther of them to compeir befoir the saids commissiouners att the [...] day of [...] 1649 yeirs to undirlye the law for the cryme or cryms foirsaidis upon single chairge of fyftine dayis under the paine of horning; and incaice of thair not compeirance, to declair them fugitivs and ordaine them to be denuncit his majesties rebells and to unlaw thair cautioners. And it is heirby declairit that the denunciatioun of such persouns sall be at the mercat croces of the heid borrowis within the boundis foirsaid or any of them within the whilk the persouns declairit fugitivs duells or hath duelled. And generallie with power to the saids commissiouners to doe all and everie thing requisit for executioun heirof whilk may be done in justice court be any justice generall, commanding heirby all his majesties subjects within the said bounds to reverence, acknowledge, obey, ryse and concur with the saidis commissioners in thair best furnitur for persute and apprehensioun of the foirsaids persouns when evir they shall be requyrt be word, writt or message under the pains conteined in the acts of parliament, as also commanding the magistrats of the foirsaidis brughs to mak patent thair tolbuiths for receiving and bringing the delinquents to the judgment in the bounds afoirsaid as they will be anserable. This commissioun to endur [...] and the saids commissioners shall be comptable to the estaits of parliament, secreit counsell or committie of estaits for thair proceidings heirin.