[1663/6/64]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, upon consideration of the great blessings this kingdome enjoyeth under the protection of his majesties' authority and the administrations of his royall government, being therby not only delyvered from their former troubles and all the evells which attend such usurpations, but being fully restored to and possest of all the liberties and priveledges of a free people, have by their severall addresses to his sacred majestie made offer of their lives and fortunes, and all that is dearest to them for the advancement of his royall honour, authority and greatnesse; and this kingdome, being still more and more sensible of this their happiness by the often and renewed expressions of his majesties' grace and favour, and of his tenderness and care of their preservation in the peaceable and secure enjoyment of their religion, lawes, liberties and properties, doe find themselffs the more obleidged to renew the expressions of their duety and loyaltie to his majestie; and therfor, the estates of parliament of this his majesties' antient kingdome of Scotland doe, in name and behalff of all his majesties' good subjects within the same, by these presents renew the duetifull tender of their lives and fortunes for the promoveing of his majesties' service and the advancement of his royall authority, and as they doe cheirfully recognise his majesties' royall prerogative and undoubted right of the sole power of the raiseing, armeing and commanding of his subjects so, in a further acknowledgement of their duety, they doe make humble and hearty offer to his majestie of tuenty thousand footmen and tuo thousand horsemen, sufficiently armed and furnished with fourty dayes provision, to be raised from the severall shires of the kingdom according to the proportions following viz, from the shires of Roxburgh and Selkirk, one thousand, three hundreth [and] threttie-three foot and one hundreth [and] fourty-eight horse; from the shire of Berwick, eight hundreth foot and seventy-four horse; from the shire of Edinburgh, eight hundreth foot and seventy-four horse; from the shire of Hadingtoun, eight hundreth foot and seventy-four horse; from the shire of Peibles, tuo hundreth [and] sextie-sex foot and tuenty-nyne horse; from the shire of Linlithgow, three hundreth [and] threttie-three foot and fourty-tuo horse; from the burgh of Edinburgh, Leith and Cannowgate, eight hundreth foot; from the shire of Dumfreis, eight hundreth foot and eighty-eight horse; from the shire of Wigtoun, eight hundreth foot and eighty-eight horse; from the shires of Air and Renfrew, one thousand, three hundreth [and] threttie-three foot and one hundreth [and] seventie-sex horse; from the shire of Lanerick, one thousand foot and one hundreth [and] fourty-eight horse; from the shires of Stirling and Clakmanan, sex hundreth [and] sextie-sex foot and eighty-eight horse; from the shires of Fiffe and Kinrosse, one thousand, sex hundreth foote and one hundreth [and] seventie-sex horse; from the shire of Pearth, one thousand, sex hundreth foot and one hundreth [and] seventie-sex horse; from the shire of Forfar, one thousand foote and one hundreth and three horse; from the shire of Kincarden and Marishalls parte of Aberdein, eight hundreth foote and seventie-four horse; from the rest of Aberdein and shire of Bamff, one thousand [and] sextie sex foot and one hundreth [and] seventy-sex horse; from the shires of Elgin, Nairne and this side of Ness, one thousand foot and eighty-eight horse; from the earle of Seaforth and Lord Lovat their division of Innerness, sex hundreth [and] sextie-sex foot and eighty-eight horse; from the shires of Sutherland and Caithnes and the rest of Innerness, one thousand [and] sextie-sex foot and eighty-eight horse; from the shires of Argyll, Dumbartan and Bute, eight hundreth foote; [and] from the shire of Orknay, sex hundreth [and] sextie-sex foot. Which forces are to be in readinesse, as they shall be called for by his majestie, to march to any parte of his dominions of Scotland, England or Ireland for suppressing of any forraigne invasion, intestine trouble or insurrection, or for any other service whairin his majesties' honour, authority or greatness may be concerned. And for the better prosecution heirof, the estates of parliament doe humbly entreat his majestie may be graciously pleased to give commissions to such persons to be generall officers, collonells, leiutennent collonells, majors and rutemasters as his majestie in his royall judgement shall think fitt, and for the other officers, or any other thing fitting to be done for perfecting of the leveyes and carieing on of this bussiness, they doe humbly recommend to his majestie to give his direction therin to his privy councill, who are heirby impowered with commission and authority for the ordering, disposeing and sole manageing of this affair in such a way as this duetifull offer of the parliament to his majestie may be made most effectuall and according to the instructions and commands they shall receave from his majestie. And the estates of parliament doe declare that if his majestie shall have further use of their service this kingdome will be readie, every man betuixt sextie and sextein, to joyne and hazard their lives and fortunes as they shall be called for by his majestie for the safety and preservation of his sacred person, authority and government.
[1663/6/65]*[print] [email] [cite] [preceding] [following]
Our soverane lord, considering that ther is much occasion given for profanation of the Lord's day in the royall burghs by keeping thair weekly mercats on Monday and Satterday, and that the same may be als conveniently keept on other dayes of the week; doth therfor, with advice and consent of his estates in parliament, inhibite and discharge all the royall burghs from keeping any mercats in timecomeing upon the Monday or Saturday, under the paine of one hundreth merks to be payed by each of the royall burghs for everie contravention respective, and allowes them to change and keep their mercats on other dayes of the week as they have done formerly since the yeer 1644, and that they make timeous intimation of the change to the next adjacent burghs, it being alwayes declared that this act is not to be extendit against fleshers in royall burghs, who may keep mercats of fleshes in their respective burghs upon those dayes, this act notwithstanding.
[1663/6/66]*[print] [email] [cite] [preceding] [following]
Anent a supplication presented to the estates of parliament be Dame Cristiane Levingstoun, viscountess of Oxnfoord, mentioning that the petitioner, haveing only alive, of many childreen borne to her husband the late viscount of Oxenfoord, tuo sons and tuo daughters, who are her only stay and comfort, and they being very weak and tender, it wes by all the tutors (except Smeitoun Ritchardson, who is tutor sine quo non) thought best and safest for the childreen, that not only the care of interteanment and furnishing her three youngest, who are at present with her selff, bot likewise the furnishing and interteaning of her eldest son Robert, now viscount of Oxenfoord, who is at the age of tuelve yeers, should be committed to her whose tender care of them cannot but be presumed to be far above that of any stranger; yet notwithstanding, the laird of Smeitoun doeth not only very unnaturally deteane and withhold her eldest son from any converse with her, bot likewise threatnes to take from the petitioner her second sone who is of the age of eight yeers; humbly therfor, desireing ane order and warrand to the petitioner to have the interteaning and burdeing of her eldest son and the other three childreen in any toun or place the tutors shall think fittest for their education. And anent the warrand issued therupon and summons given to the said Sir James Ritchardson to have compeired befor the lords of the articles, to heare and sie the desire of the bill granted or els to show a reasonable cause in the contrare, which being called befor the lords of the articles, and the said petitioner compeiring personally with Mr Robert Sinclair and Mr Johne Coninghame, her procurators, and the said laird of Smeitoun compeiring also personally with Sir George Lockhart and Mr George Mckenzie, his procurators, the reasons and allegations of both parties being at lenth heard be the lords of the articles and they haveing this day reported thair opinion of the same to the parliament and they, being well advised therwith, the king's majestie, with advice and consent of his estates of parliament, have remitted and remits to the lords of session to consider the petition abovewritten and to appoint wher the petitioner's eldest son Robert, viscount of Oxnfoord, shall be educat, and what shall be modified for his aliament and education untill he have choisen his curators, and in the mean tyme decernes and ordeans the said Sir James Ritchardson to delyver to the petitioner her said eldest son Robert, viscount of Oxnfurd, to be educat with her selff until the saids lords of session shall consider and determine in maner abovewritten. And ordaines letters, if neid bies, to be direct heirupon in forme as effeirs.
[1663/6/67]*[print] [email] [cite] [preceding] [following]
The king's majestie and estates of parliament, haveing heard a supplication presented unto them be Johne Halyburtoun of Garvockwood, shewing that, at the time of the intakeing of Dundie, the petitioner's charter kist wes seazed on and miscaried by the English, so that the whole evidents of his lands of Garvockwood and teinds thairof conquest by him from the Lord Naper, with other securities being therin, whairof a considerable parte wer taken away and lost, and he haveing at the makeing of the disposition to him of the forsaids lands and teinds receaved ane inventar of the writs of and belonging to the saids lands and teinds, [and] for cleiring the writs that are wanting, hes made up the most parte of them by extracts except a few; humbly therfor, craveing that some effectuall way might be taken for supplieing and makeing up of the saids writs and securitys, as the said supplication bears. Upon consideration whairof, commission wes granted to the Lord Duffus, [the] lord justice clerk, Sir James Lockhart of Lee, Sir Peter Wedderburne, Sir Robert Murray and John Bell, or any four of them, to meit and consider the desire of the supplication, and to tak tryell thairof, and to consider the best course how the supplicant's writs may be made up and to report the samen with their opinion theranent. Who in obedience of the said order and commission, haveing severall tymes met together, and the said Johne Halyburtoun compeiring personally befor them and haveing adduced severall famous witnesses, who deponed that the said John Halyburtoun had his charter kist in Dundie, and that the samen wes taken away be the English the tyme of the intakeing of the toun, and the saids commissioners, haveing seriously considered the said supplication and desire thairof, and adminicles produced for makeing up the writs loast, and finding the severall writs and evidents underwritten wanting, they gave in their report to the lord commissionor and estates of parliament as followes. The first peice of wreit that is wanting is a charter of confirmation granted be King Charles the first in favours of Mr Thomas Melvill of a charter of alienation made be George Melvill to the said Mr Thomas of the lands, teinds and mansion of Garvackwood, dated at Holyrudehouse the last of Junij 1632; for makeing up of this confirmation that is wanting, these adminicles are produced viz, the charter granted be George Melvill to Mr Thomas Melvill to be holden of the superior, daited the eighteinth of March 1623, with the sasine following on the charter, the sasine is dated 18 March 1623, together with the charter of confirmation extracted out of the privy seall under the subscription of the present clerk of register, of the date the last of Junij 1632. The second and thrid peice of writ that are wanting are tuo charters of alienation made be Mr Thomas Melvill in favours of my Lord Naper, the ane thairof de me and the other a me both of the date the second of November 1639; ther are adduced as adminicles for makeing up of these tuo charters, the disposition granted be the said Mr Thomas in favors of my Lord Naper mentioning the holding to be of him or his superior, and is dated at Edinburgh, the last of October 1639, and the extract of my Lord Naper's sasine under the present clerk register's hand, and the date, writter and witnesses of the said charter doeth appeare by the precept ingrossed in the said extract of the sasine, whilk is dated the 18 November 1639 and registrat at Edinburgh, the 18† December 1639. The fourt peice of writ that is wanting is a disposition granted be my Lord Naper in favors of John Halyburtoun of the saids lands, teinds and mansion of Garvockwood, dated 26 October 1643; for proveing the tenor of this disposition these adminicles and writs are produced viz, ane instrument of possession be the Lord Naper in favours of Johne Halyburtoun, wherby Johne wes put in possession of the lands, houses and others contained in the disposition, under the signe and subscription of James Halyburtoun, notter, dated 21 November 1643, as also ane instrument of resignation of the lands of Garvock be Mr Thomas Melvill in favours of Johne Halyburtoun, as assignay, be my Lord Naper to the said Mr Thomas, his resignation, dated 28 December 1643, under the signe and subscription of James Halyburtoun, notter. This resignation and disposition made be my Lord Naper to Johne Halyburtoun is furder instructed be the extract of the charter granted be the earle of Dumfermling, as commissioner appointed be his majestie for receaveing of resignations from vassalls, makand mention of the said Mr Thomas his resignation in favors of John Halyburtoun, as assignay, be the Lord Naper, under the subscription of Walter Dalgleish, clerk of the said regality, of the date the first day of February 1644, with Johne Halyburtoun his sasine of the saids lands following upon the charter, the sasine is dated the thretteinth of Aprile 1644, under the subscription of Walter Dalgleish, notter therto, and registrat at Edinburgh, the penult of Aprile 1644, together with a ratifitation and renunciation be George Melvill in favours of my Lord Naper, mentioning the lord's compriseing deduced against the said George, the charter upon the said compriseing under the great seale in favors of my Lord Naper, with the sasine following therupon and a disposition made be Mr Thomas Melvill to the said Lord Naper. This ratification and renunciation is dated at Holyrudehous, the tuenty thrid of February 1642, and registrat in the books of councill and session at Edinburgh, 29 January 1655. Wpon consideration whairof and that the said Johne Halyburtoun his continewed possession these tuenty yeers bygone, they doe humbly conceave that these abovementioned writts that wer lost at Dundie are to be made up be the adminicles produced and be ane act of parliament, as the report subscryved be all the saids commissioners bears.
Which supplication and report abovewritten, being taken into consideration be the lord commissioner his grace and estates of parliament, and they finding, by the depositions of the witnesses adduced that the said John Halyburtoun, his charter kist wes lost at the intakeing of Dundie thairfor, and inregaird of the said Johne Halyburtoun his uninterrupted possession of the forsaids lands, teinds, mansion and pertinents thairof be the space of tuenty yeers bygone, and for supplieing of the saids writs that are not extant; our soverane lord, with advice and consent of his estates of parliament, hes enacted and ordained and, be thir presents, enacts and ordaines that by and attour the adminicles forsaids this present act of parliament is and shall be ane valeid approbation, confirmation and ratification of the saids haill writs sua made up in favours of the said Johne Halyburtoun, his airs and successours whatsomever, in all time comeing. And farder, ordaines ane signatour to be past in favours of the said Johne Halyburtoun gratis containeing ane novo damus of all and haill the forsaids lands of Garvockwood, teinds and haill pertinents of the samen abovewritten, which are holden of the king's majestie conforme to his former holding thairof, and that the samen lands, teinds and others forsaids be holden still in the same maner, and for the same reddendo and in the samen condition as he and his predicessors held the samen of before. And siclyk his majestie, with advice forsaid, enacts, statuts and ordaines that the extract of any contract, disposition, charter, precepts and instruments of sasine, resignations or other writs whatsumever which he hes extracted out of or shall extract from any publict register within this realme of and concerning the lands, teinds and others abovewritten, shall be als valeid and sufficient in timecomeing to the said Johne Halyburtoun and his airs, successors and assignayes, in all persutes and to all intents and purposes, as if the samen wer the principall and originall writs themselffs, notwithstanding they be bot extracts from the registers, as said is.
[1663/6/68]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing heard a supplication presented to them be the magistrats and councill of the burgh of Pittenweym, shewing that be their common charter granted to them be King James the fyft, of worthy memorie, in the yeer 1542 ther are tuo weekly mercats appointed to be holden within the said burgh perpetually therafter, on upon the Sabboth day and the other upon the Monday, and these dayes being very unfit for holding of publict mercats; hmbly therfor, desireing that in place of these saids tuo former dayes Tuisday may be appointed for the weekly mercat day within the said burgh. Which being taken into consideration, the king's majestie, with advice and consent of his estates of parliament, appoints the saids tuo former weekly mercat dayes to be changed from Sunday and Monday to Tuisday, and ordaines the said weekly mercat to be keept on Tuisday within the said burgh of Pittenweym in all time comeing.
[1663/6/69]*[print] [email] [cite] [preceding] [following]
The estates of parliament, being informed that the toun of Monkegie belonging to Sir John Keith of Caskieben, knight marishall, lyes in a very populous parte of the cuntrie and is a place most fit wherat ane yeerly fair may be keept and holden for ease of his majesties' leidges who are adjacent therto, and can be most commodiously served with all sorts of commodities if ther wer ane yeerlie fair appointed to be keept therat; therfor, the king's majestie, with advice and consent of his estates of parliament, doth heirby give unto the said Sir John Keith, his airs and successors, ane yeerly free fair to be holden and keept in all timecomeing at the toun of Monkegie and mayns of Caskieben next adjacent therunto, upon the thrid Tuisday of Junij yeerly, to continew and endure untill the Setterday therafter with power to the said Sir John Keith and his forsaids, or such as they shall appoint, to cause ryd and proclame the said fair and to uplift, collect and intromet with the customes and other dueties belonging therto as is usuall to be collected and uplifted in lyk caces within any other toun, wher any frie fair is keept in any place of this realme, and recommends to the lords of his majesties' exchequer to passe ane signatour heirupon if neid bies in sic due and compitent forme as effeirs.
[1663/6/70]*[print] [email] [cite] [preceding] [following]
Our soveran lord, understanding that be vertew of ane act of the pretendit parliament 1649, John Dumbar of Hemprigs, the deceast Mr James Durhame of Pitkerro, the deceast Alexander, earle of Balcarres, then designed lord Balcarres, Hew Hamiltoun, merchant in Edinburgh, the deceast William Shaw, merchant ther, James Cuthbert of Brechlie, James Cuthbert of Dreks and Mr Alexander Milne, minister at Longforgun, and now at Dundie, caused denunce the deceast earle of Seaforth's lands and estate at Braan or Chanrie to be apprised at thair instance, as the forsaid act of parliament dispenseing with the ordinary consuetude in that behalff for the reasons thairincontained at mair lenth declares, and notwithstanding that the acts of the forsaid parliament are rescindit and declared null, yet seing that be the act rescissorie thairof it is declared that the rights of privat persons should not be therby taken away, his majestie, with consent of the estates of this present parliament, doth ratifie and approve the compriseings of the said deceast earle of Seaforth's estate at the instance of the persons abovenominat, in so far as they are led and deduced be vertew of the act aboverehearsed, and declares the nullity of the forsaid pretendit parliament to be nowayes prejuditiall to the persons abovenominat their privat rights, bot allowes the samen with all that hes followed or may follow therupon and as if that act had been statute by a lawfull and just authority, declareing also that this present generall ratification shall be als sufficient as if the same wer more spetiall and particular; wheranent his majestie, with consent forsaid, be thir presents, dispenses for ever. And statuts and ordaines the forme and maner of the executeing of the letters of appriseing execute and used at the instance of the persons respective abovenominat, conforme to the act abovespecified, to be als valeid and sufficient as if the samen had been dewly execute at the said deceast earle of Seaforth his severall particular duelling houses, and upon the ground of everie ane of the particular lands and others exprest in the decreits and processes of appriseing led and deduced against him at the instance of his creditors abovenamed or any of them, notwithstanding of whatsomever act, law, statute or practick made or to be made in the contrary.
[1663/6/71]*[print] [email] [cite] [preceding] [following]
Forasmuch as the heritors of the paroche of Kippen and Gorgonoch, within the shirreffdome of Stirling, haveing supplicat the lord commissioner and estates of parliament for reedifieing of the bridge situat upon the water of Buchan, which runs betuixt the saids tuo paroches and is now totallie demolished by great spaits and inundations of rains, and the king's majestie and estates of parliament, considering how necessar and usefull the said bridge will be, not only for the inhabitants of the forsaids paroches, bot also for all passengers resorteing from the westerne parte of this kingdome to and agane towards the city of Edinburgh, and it being a publict work which the inhabitants of the saids paroches will not reedifie upon their oune expences without some supplie and encouragement; therfor the king's majestie, with advice and consent of his estates of parliament, appoints and allowes that, for the space of threttein yeers after the date heirof, the imposition following shall be raised aff the commodities and others underwritten which shall passe the said bridge, to wit, of ilk horse load, four pennies Scots money; of ilk single horse, tuo pennies; of ilk nolt, tuo pennies; of ilk sume of sheip, four pennies; of ilk burden of goods or geir caryed be any persons, tuo pennies, with power to [...]† (who hath given security for reedifieing, upholding and leaveing the said bridge in good condition)† to collect, intromet with and uplift the impositions abovewritten in maner abovespecified, and to apply the samen for reedifieing and upholding of the said bridge. And the king's majestie, with advice forsaid, gives heirby power to the lords of his majesties' privy councill to recall and discharge the forsaid imposition at any tyme within the said space of threttein yeers, if they shall think fit and expedient so to doe.
[1663/6/72]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing heard a supplication presented unto them in name of the heritors and parichoners of the paroche of Kippen, shewing that they ly at a far distance from any mercat toun wherby they are much prejudged and put to great expences in goeing to fairs for buyeing of their necessaries, which otherwayes they would not be put to if ther wer fairs appointed to be holden at any place within the saids bounds; and therfor, humbly desireing tuo fairs yeerly might be allowed them to be keept at the said kirk of Kippen, as the supplication bears. Which being taken into consideration, the king's majestie, with advice and consent of his estates of parliament, doth heirby give and grant to the heritors and parichoners of Kippen tuo fairs yeerly to be keept and holden at the said kirk of Kippen, or wher the same shall be situat heirafter in any place of the said paroche, to wit, one fair upon the first [...] of May, and the other upon the first [...] of October yeerly, in all time comeing, each of the said fairs to endure for the space of [...] dayes, with all priveledges and liberties belonging therto, and recommends to the lords of his majesties' exchequer to passe ane signatour heirupon if neid bies.
[1663/6/73]*[print] [email] [cite] [preceding] [following]
Forasmuch as be ane act of the first session of this parliament, in consideration of the sufferings of Mr James Scot, minister at Tungland, for his loyaltie and affection to the king's majestie and his interest, the sume of one hundreth pund[s] sterline wes appointed to be payed him out of the first and readiest of the vacant stipends, and inregaird the forsaid sume is not as yet payed to him, he hath of new supplicat for ane warrand wherby effectuall payment may be made to him of the samen, with such addition as should be thought fit; and the king's majestie and estates of parliament, takeing to consideration that he hath been an extraordinary sufferer these tuenty-four yeers bygone, doe therfor, modifie the sume of fiftie pund[s] sterline of addition to the said Mr James [his] former allowance, makeing in the haill the sume of one hundreth and fiftie pund[s] sterline, and ordaines the samen to be payed to him out of the first and readiest of the vacand stipends within the dyocesses of Glasgow or Galloway, and recommends to the archbishop and bishop of the respective dyocesses forsaids, or either of them, to sie this act made effectuall, with power to them to grant the petitioner ane locality for that effect.
[1663/6/74]*[print] [email] [cite] [preceding] [following]
Ane personall protection granted to Johne, earle of Traquair against all debts for civill causes for the space of ane yeer after this day.
The lyk to Johne Grahame of Duchray dureing the same space.
The lord commissioner adjurnes the parliament till Frydday next at tuo hours in the afternoone.