[1661/1/31]*[print] [email] [cite] [preceding] [following]
The estates of parliament considering the necessity that sumons be presentlie dispatched against such who are to be ceited to the parliament doe therfor, inregaird of the present want of the use of the signet, appoint that it may be supplied be Mr William Sharpe his markeing of the summons with the date of the presenting of the same, which the saids estates of parliament declares is and shall be sufficient in this cace to supplie the want of the signet.
The king's majestie and estates of parliament appoints and declares that all summons of treason may be direct and used upon tuentie one dayes, notwithstanding of any law acts or custome to the contrarie.
The lord commissioner's grace in presence of the parliament did, with his majesties' royall scepter, tutch the publict acts formerly past in this parliament, as a testimony of his majesties' royall assent therto.
[1661/1/32]*[print] [email] [cite] [preceding] [following]
Forasmuch as the power of calling of parliaments or conventions of the estats of this kingdome hath alwayes been and is ane undoubted priveledge of the croun and doth sollie reside in the king's majestie, and that notwithstanding therof (among the many other invasiones which dureing these late times have been made vpon the royall prerogative) a pretendit meiting and convention of the estates wes called and keept at Edinburgh in June 1643, without any warrand or authoritie from the king's majestie, and the estates of parliament, now conveened by his majesties' speciall authority, haveing taken into their consideration the indiction, reasons and grunds of the calling of the said convention, doe find that the said pretendit convention of estates, notwithstanding of all the specious pretexts made for the same, did meit and conveen without any lawfull warrand or authority† and therfor the king's majestie, with advice and consent of his estates of parliament, doth declare the same with all that wes done therin voyd and null and rescinds and annuls all acts or deids whatsomever ratifieing or approveing the same.
[1661/1/33]*[print] [email] [cite] [preceding] [following]
Forasmuch as be severall lawes and acts of parliament, especially be the 131 act of the 8 parliament of King James the sext (and renewed and ratified be his majestie with advice of his estates of parliament presently conveened[)] it is statute and ordained that none of his heighnes['s] subjects of whatsoever qualitie, state or function conveen or assemble themselffs for holding councills, conventions or assemblies (except in the ordinary judgements) without his majesties' warrand or expresse licence had and obtained therto, under the paines made against such as unlawfullie convocat the king's leidges and that, notwithstanding thair of, there be diverse persones under the name of quaikers, anabaptists and fyft monarchie men, avowed enemies to all lawfull authority and government, who upon specious and religious pretences at unlawfull times and places keep frequent meitings and conventicles together, and the estates of parliament considering what hath been the cruell tenets and bloodie practises of such in former tymes, and what insurrections and murthers have been committed be them in the kingdome of England within these few dayes, and of what bad consequence their meitings may prove at this tyme, therfor the king's majestie, with advice and consent of his estates of parliament, doth heirby discharge all meitings and conventions of the persones aforsaid upon whatsoever culour or pretext the same may be, under the paines contained in the acts of parliament made against unlawfull convocation of the king's leidges. And for the better preventing of such unlawfull meitings and of any prejudices [that] may ensue therby, his majestie doth heirby command all magistrats of burghs, shirreffs, constables, justices of peace and other publict ministers to make exact search from tyme to tyme in all places wher any such meitings have been, shall or may be suspected, and to apprehend every such persone who shall keep or frequent those meitings, and to commit them to the next prisson, therin to remaine till further order be taken with them be such as shall have authority for that effect, and ordaines publication to be made heirof be open proclamation at the mercat croces of the royall burrowes wherthrow none pretend ignorance therof.
[1661/1/34]*[print] [email] [cite] [preceding] [following]
The estates of parliament now presently conveened by his majesties' speciall warrand and authority, haveing at length heard, seen and considered ane supplication presented unto them by William, earle of Dalhousie, George, lord Ramesay, Sir James Dundasse of Arnestoun, [...] Prestoun of Craigmiller, [and] [...] Hamiltoun of Litle Prestoun, executer to the deceast Sir Patrick Hamiltoun, his father, and Alexander Nisbet of Dean, executer confirmed to the deceast Sir William Nisbet of Dean, his father, shewing that whairas be the 19 act of the parliament holden in the yeer 1648, dated the eight of Junij, ther are tuo moneths' mantenance for the moneths of August and September imposed upon the whole kingdome for bringing of meale to the army, and the commissers of shires and noblemen within the same are by the same act ordained to undertake for the present advancement thereof to the generall commissary and to have repayment from him furth of the tuo moneths' mantenance, and wheras the said earle of Dalhoussie, Lord Ramesay, Sir James Dundasse of Arnestoun, [...] Prestoun of Craigmiller, the deceast Sir Patrick Hamiltoun of Litle Prestoun, father to the said [...] Hamiltoun now of Litle Prestoun, and the deceast Sir William Nisbet of Dean, father to the said Alexander Nisbet now of Dean, supplicants did in obedience of the forsaid act of parliament, and for the furtherance of his majesties' service by their oune and some well affected persones within the shire their credite, raise and make payment of the sume of eight thousand pund Scots to Sir Johne Weymes of Bogie, generall comissary, and obtained his discharge thervpon, together with full power and warrand to ingather and uplift the saids tuo moneths mantenance for their repayment, as the discharge and warrand forsaid taken in Mr Robert Hodge's name to their behove at more lenth beares; and wheras the said Mr Robert Hodge hath truelie uplifted the same bot hath nather made compt, reckoning nor payment to the supplicants, therfor, desyreing it might please the honorable court of parliament to authorize a committie to call the said Mr Robert Hodge to ane accompt of his intromission with the said tuo moneths' mantenance and, if they find it just, to decerne him to mak payment to the supplicants of the said principall summe of eight thousand punds with interest since the advancement therof and, incaice they should not obtaine payment that way, to find out some other way for satisfaction to the supplicants according to justice, together with ane report made and given in be the commissioners appointed for trade and bills, to whom the estates of parliament referred the consideration of the forsaid supplication and instructions thairof. Which report beares that the saids commissioners, haveing conveened the said Mr Robert Hodge who alledged that he had payed the said eight thousand punds to Sir James Stewart as commisser generall, to the which it wes answered that the alledgeance ought to be repelled because the said Mr Robert shew no distresse wherby he wes compelled to pay the same, neither produced any discharge be Sir James Stewart relateing particularly to the saids tuo moneths' assesment, but only a generall discharge of all that he could crave of the said Mr Robert Hodge as comissar generall and, haveing seen the forsaid trust put vpon the said Mr Robert instructed by a declaration written and subscryved with his oun hand declareing the supplicants to have payed the forsaid same of eight thousand punds and that the said Mr Robert Hodge's name wes only borrowed to the warrand granted for their releiff be the commissary generall, they did humbly conceave that the said Mr Robert Hodge should yet make payment to the saids supplicants of their severall proportiones of the forsaid summe of eight thousand punds conforme to his ticket and declaration produced be the supplicants and acknowledged be himselff, as the said report in it selff more fully containes. And therwith, being weell and ryplie advised, the estates of parliament aforsaid have heirby approven and approve the same report made to them be the saids commissioners for trade and bills in the matter abovespecified, and therfor ordaines the above designed Mr Robert Hodge to mak payment to the supplicants above named of their severall proportions of the forsaid principall summe of eight thousand punds in maner following viz. To the said William, earle of Dalhoussie, the sume of four hundreth, fourscore [and] fourtein punds, seventein shilling[s] [and] ten pennies Scots money principall; to the said George, lord Ramesay, the summe of eight hundreth, fourscore [and] eight punds, seventein shilling[s] [and] ten pennies principall; to the said Alexander Nisbet of Dean, the lyk sume of eight hundreth, fourscore [and] eight punds, seventein shillings [and] ten pennies principall; to the said Sir James Dundasse of Arnestoun, the summe of one thousand, seven hundreth [and] seventy seven punds, fiftein shillings [and] sex pennies principall; to the said [...] Prestoun of Craigmiller, the lyk summe of one thousand, seven hundreth [and] seventie seven punds, fiftein shillings [and] 6d principall and to the said [...] Hamiltoun of Litleprestoun, the lyk summe of one thousand, seven hundreth [and] seventie seven punds, fiftein shill[ings] [and] sex pennies money forsaid principall. And siclyk the saids estates of parliament ordaines the said Mr Robert Hodge to mak payment to the saids supplicants of the ordinar annualrent of thair saids summs respective above mentioned since the terme of Candlemesse 1649 yeers and in tyme comeing dureing the not payment thereof, and ordaines letters etc.
The lord commissioner prorogats the parliament till Frydday at tuo hours and continewes all summons ut supra.
[1661/1/35]*[print] [email] [cite] [preceding] [following]
The lord chancellour produced a patent under his majesties' great seall of the eight of September last createing the viscount of Dudhope to be earle of Dundie, viscount of Dudhope, lord Scrimgeour and Inverkething, which, being read and the estates of parliament acknouledgeing with all duetie his majesties' favour to the said earle, the lord commissioner his grace did deliver the same to the earle of Dalhoussie who, in name of the earle of Dundie, receaved it upon his knee.
[1661/1/36]*[print] [email] [cite] [preceding] [following]
Forasmuch as the power of armes, and entering into and makeing of leagues and bands, is ane undoubted priveledge of the croun, and a propper parte of the royall prerogative of the kings of this kingdome, and that in recognisance of his majesties' just right, the estates of parliament of this his most antient kingdome of Scotland have declared it heigh treason to the subjects therof of whatsoever number lesse or more, upon any pretext whatsoever, to rise or continew in armes, or to enter into leagues or bands with forraners or among themselffs with. out his majesties' speciall warrand and approbation had and obtained therto and have rescindit and annnulled all acts of parliament, conventions of estates or other deids whatsoever contrary to, or inconsistent with the same; and wheras dureing these troubles, ther have occurred diverse things in the makeing and pursueance of leagues and bands which may be occasion of jealousie in and betuixt his majesties' dominions of Scotland, England and Ireland, therfor and for preventing of all scruples, mistakes or jealousies that may hearafter arise upon these grounds, the king's majestie with advice and consent of his estates of parliament doth heirby declare that ther is no obligation upon this kingdome by covenant, treaties or otherwise to endeavour by armes a reformation of religion in the kingdome of England, or to medle with the publict government and administration of that kingdome, and the king's majestie, with advice and consent forsaid, doth heirby declare that the League and Covenant and all treaties following therupon, and acts or deids that doe or may relate therto, are not obligatorie, nor doe infer any obligation upon this kingdome or the subjects therof, to medle or interpose by armes or any seditious way in any thing concerning the religion and government of the churches of England and Ireland or in what may concerne the administration of his majesties' government ther; and further his majestie, with advice and consent of his estates, doth heirby discharge and inhibite all his majesties' subjects within this kingdome that non of them presume, upon any pretext of any authority whatsoever, to require the renewing or sweareing of the said League and Covenant, or of any other covenants or publict oaths concerning the government of the church or kingdome without his majesties' speciall warrand and approbation, and that none of his majesties' subjects offer to renew and sweare the same without his majesties' warrand as said is, as they will be answerable at their heighest perrill.†
[1661/1/37]*[print] [email] [cite] [preceding] [following]
Forasmuch as be diverse acts of parliament it is fund that stipends and benefices of vaikand kirks, or which therafter should vaik by decease, deposition, suspension, transportation of ministers, division of kirks or any other way, should dureing the vacancie therof be employed on pious uses, and the king's majestie considering that dureing these troubles many learned and religious persones in the ministerie and in universities, for their expressions of duety and loyaltie to his majestie, or not concurring in the confusions of the time, have been deposed or suspendit from their charge and ministerie, and have been otherwise put under great sufferings and they and their families redacted to extreame misery and want, and conceaveing it to be ane act of great pietie and justice to have regaird to the sufferings of those honest and faithfull ministers and others, and in some measure to provyd for them and repair thair losses, thairfor his majestie, with advice of his estates of parliament, ordeanes all stipends or benefices of kirks that are vacand, and not already disposed of, or which shall vaik by decease, deposition, suspension, transportation or any otherwise, to be imployed for the supplie and mantenance, and towards the reparation of the sufferings and losses of the persones aforsaids, and of the wives and bairnes of such of them as are dead, and that in such manner and wayes as after tryell of their merites and sufferings and the causes and grounds therof, shall be thought fitt by the lords of his majesties' privy councill, to whom his majestie, with advice and consent forsaid, committs the care of this bussines and doth heirby impower and require them to use all diligence that the favour and justice heirby intendit by his majestie, to these suffering persones and thair families, may be made effectuall, and that notwithstanding of any thing contained in any of the saids acts to the contrare. It is alwayes provydit that this act is without prejudice of any benefite which by the law and custome of this kingdome falls to the relict, bairnes or executers of a minister after his decease, and that this act is to endure for the space of seven yeers and longer as his majestie shall think fitt.
[1661/1/38]*[print] [email] [cite] [preceding] [following]
The estates of parliament presently conveened by his majesties' speciall authority haveing heard a petition presented unto them by William, earle of Mortoun, holding furth that one Mr Patrick Waterstoun, ane deposed minister, wes by his shirreff deput of Orknay in Agust last committed, and as yet continews prissoner in the toun of Kirkwall for treasonable speitches against the king's majestie and many of his royall progenitors, therfor, desyreing that ane commission might be granted for examination of the witnesses to some qualified persons ther, they being poore and not able to come this lenth, and that their depositions might be sealled up and sent to his majesties' advocat, and also to grant order that the said Mr Patrick may be sent for and brought hither from shirreff to shirreff till he come to Edinburgh to receave sentence as he deserves. Which petition, being taken into consideration be the saids estates of parliament, with the report of the commissioners appointed for complaints also given in be them in the said matter, the saids estates of parliament hes given and heirby gives power and commission to Patrick Blair of Litleblair, shirreffdeput of Orknay, Patrick Monteith of Eggilsbie, Mr Patrick Grahame of Rothesham [and] James Bakie of Tankernes, or any tuo of them, to examine such of the said witnesses as they shall find not able to travell to Edinburgh in presence of the partie, reserveing his objections against the same witnesses, which depositions shall be sealled and returned to his majesties' advocat, and recommends to the said William, earle of Mortoun that he take course for bringing the said Mr Patrick and the other witnesses to Edinburgh to attend his tryell their, and declares that the charges and expences of bringing the said partie and witnesses to this place shall be satisfied out of the first and readiest of the estate of the said Mr Patrick if after tryell he be fund guilty of the crymes layed to his charge.
[1661/1/39]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament be Hew Mcron, merchant burges of Edinburgh [and] prissoner, shewing that he hes lyen prissoner these seventein or eightein moneths within the tolbuith of Edinburgh in great miserie for ane alledged debt and, becaus of the want of lawfull judicatories, the maliciousnes of the partie hes augmented the supplicant's sad suffering, and haveing diverse tymes made application to the honorable lords and others of the committie of estates and they, being verie sensible of the sad and afflicted condition of the petitioner, had granted severall warrands ordaining the magistrats of Edinburgh to set the petitioner at libertie, one whairof is dated 24 September and ane other the 14 December 1660, as the saids warrands produced with the supplication more fully beares. Yet, nevertheles, the saids magistrats of Edinburgh refuises to give obedience, alledgeing themselffs not to be sufficiently secured by the saids warrands, so that the petitioner is closed up in darknes in the verie extremity of miserie and, therfor, beseitching the estates of parliament to have comiseration upon his sad condition and to call for the saids warrands and accordingly to grant warrand of new to the saids magistrats to set the petitioner at libertie so that his liffe may be preserved to labour for bread to his starveing familie. Which supplication, with the tuo acts and deliverances of the committie abovementioned, the first beareing that the supplicant hes consigned in the clerk of the committie's hands ane assignation of tuo tickets made to him be the persones therin mentioned, for the summs therin specified, to be made furthcumand to his creditors and thairfor ordeaneing him to be put to libertie, and the second ordaining the magistrats of Edinburgh to obay the former order and put the supplicant to libertie, together with the report of the commissioners of parliament appointed for bills, wherby they conceave it fit that the commissioner's grace and estats of parliament should give warrand to the saids magistrats of Edinburgh to the effect aforsaid inregaird of the saids tuo warrands, and that they wer sufficiently informed by some of their oun number, who wer members of the committie of estats, that the parties wer both heard befor them and that the partie creditor did assent to the enlargement of the petitioner, being all heard, sein and considered be the saids estates of parliament, they inrespect thairof ordeane the provest and baillies of Edinburgh to put the petitioner to libertie furth of the said tolbuith of Edinburgh that he may passe as his majesties' frie leidge for doeing of his lawfull affaires in all time comeing.
[1661/1/40]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by Sir Allane Mclean of Dowart, knight barronet, shewing that he is now of the age of fourtein yeers compleat and his estate and fortune altogether mismanaged through the want of curators to administer for him therin dureing his minority, neither will his tennents nor debitors satisfie nor pay to him their rests untill such time as he be lawfullie authorized with curators fra whom they may receave sufficient discharges, to the petitioner's heavie prejudice unlesse remeid be provydit; and in regaird ther is now neither lords of session nor commissers to whom the petitioner may make application for election of his curators as is usuall and, tho they wer, yet they could not sit therin for administration of their offices inregaird of the present sitting of the parliament without warrand and dispensation for that effect, therfor, humbly beseitching the estats of parliament to grant warrand to messingers of armes for summoning the supplicant's nearest of kin on father side and motherside at the mercat croce of Edinburgh, and other places neidfull, to compeir befor the saids estates of parliament at ane certane day to hear and sie curators choisen and given to the petitioner for administration of his affaires and to take caution for that effect, and the saids curators their oaths de fideli administratione as accords, and to doe everie thing theranent as use is in the lyk caces, and that the saids estates will admit the same to be als valeid, lawfull and sufficient as if it wer done be the lords of session or commissers if they wer sitting, and as if the same wer not done in tyme of parliament, and that the saids estates would dispence theranent for ever. Which supplication, being fully heard, seen and considered by the commissioners appointed for bills and trade, they made their report theranent to the estates of parliament that they did humbly conceave that warrand should be granted be the lord commissioner his grace and estates of parliament to the magistrats of Edinburgh to the effect forsaid, and that dispensation should be granted as if the same wer not done in tyme of parliament. Which petition and report theranent abovewritten, being all heard, seen and considered be the saids estates of parliament, they have given and granted and heirby give and grant full power and warrand to the provost and baillies of Edinburgh to summon the petitioner, his nearest of kin on the father and mother side, to compeir befor them at such day or dayes as they shall think expedient and to emit edicts in their oune names to that effect to heir and sie curators choisen and given to the said petitioner to the effect abovewritten, and to take the curators to be choisen their oaths de fideli administratione as accords and als sufficient caution for that effect, and admits the same to be als valeid, lawfull and sufficient as if the same wer done by the lords of session or commissers if they wer sitting, and as if the same wer not done in tyme of parliament, wheranent the saids estates of parliament dispenses for ever.
[1661/1/41]*[print] [email] [cite] [preceding] [following]
The estates of parliament now presently conveened, be his majesties' speciall warrand and authoritie, haveing at lenth heard, seen and considered a supplication presented unto them be Adam Hepburne of Trabroun shewing that the deceast Sir Adam Hepburne of Humbie, father to the petitioner, having acquired the right of the greatest parte of his lands in favours of himselff and the aires maill gotten of his bodie, and befor his death did setle the same vpon umqhile Thomas Hepburne, his eldest sonne and the aires maill to be gotten of him, lykas the said Thomas, vpon the consideration aforsaid, be contract of mariage betuixt him and Elizabeth Johnstoun, daughter to Sir Archibald Johnstoun of Wariestoun, obleidged him to make resignation of the lands of Humbie, Crichtoun and others for ane new infeftment to be granted to his aires male whatsoever, and that albeit the said Adam Hepburne be air male to the said Thomas, yet Elizabeth Johnstoun, his relict, under pretext of being tutrix to her said daughter, ever since the death of her said husband, intrometted with the maills and dueties of the forsaids tailyed lands, to the great prejudice of the petitioner, if she shall happin to die, being only ane naked lyverentrix and never haveing given any caution for makeing her intromission furthcuming; and therfor, humbly craveing that the rents of the forsaid estate may be sequestrate in the hands of some responsall persone to be made furthcuming to any who shall be fund in law to have best right thereto. [This] together with a report made and given in to the saids estates of parliament be the comissioners appointed for heareing of bills and for treading, beareing that the saids commissioners, haveing heard ane bill tendered unto them be the fornamed petitioner, and haveing called both parties befor them and heard them upon the mater contained in the supplication, and haveing seen the contract of mariage abovewritten, did humbly conceave that the said relict should find sufficient caution for makeing of this yeere's rent and the rents of all yeers and tymes comeing, furthcuming to any who shall be fund to have best right dureing her intromission, and untill it should be decydit whither the said Adam as air of tailyie or the daughter as air of lyn had best right, as the report in it selff more fullie containes. And they therwith being well and ryplie advised, the estates of parliament aforsaid have approven and doe heirby approve the said report made to them be the forsaids commissioners for trade and bills in the mater abovespecified and thairfor ordeanes the said Elizabeth Johnstoun, relict, to find sufficient caution to the said Adam for makeing of the yeers rent 1660 and the rent of all yeers and termes comeing dureing her intromission furthcuming to the said Adam in caice it shall be fund he hes best right therto.
The lord commissioner prorogats the parliament till Frydday at tuo hours in the afternoone and continewes all summons ut supra etc.