[1672/6/51]*[print] [email] [cite] [preceding] [following]
Forasmuch as the act past by his majestie and estates of parliament, upon the 13 of August 1670, against conventicles, and the other act past in the same parliament, upon the 20 day of the said moneth of August 1670, against separation and withdrawing from the publict meitings of divine worshipe, wer appointed to endure onlie for the space of thrie yeirs, unles his majestie should think fitt to continow them longer; and his majestie, considering that these acts have not hitherto received that obedience which was due unto them, and that the execution therof hath not bein soe duelie prosecute, as by the tennor of the same is prescribed, and that therfore, the continowance therof will be necessary for some longer time, doeth, with advice and consent of his estates of parliament, statute and ordaine that the two acts of parliament abovementioned, against conventicles and withdrawing from publict meitings of divine worshipe, are and shall endure and continow acts of parliament and publict lawes of the kingdome for the space of thrie yeares aftir the expireing of these thrie yeirs abovementioned, and longer as his majestie shall be pleased to appoint. Likeas his majestie, considering that by the said act against conventicles it is statute that noe outted minister not licensed by his majesties' councill, nor other persone not authorized nor tollerat by the bishop of the diocess, presume to preach, expound scripture or pray in any meiting, except in their owne housses, and to these of their owne familie, and since ther may be some questions and doubts concerning the meaning and extent of that word pray, his majestie doeth, with advice forsaid, declaire, that it is not to be understood as if therby prayer in families wer discharged by the persones of the family, and such as shall be present, not exceiding the number of four persones, besides these of the familie, it is allwayes declaired that this act doeth not give allowance to any outted minister to pray in anie families, except in the paroches where they be allowed to preach. And farder, his majestie, with advice forsaid, doeth heirby also authorize the magistrats of the royall burrowghs to call befor them all such of their burgessis as shall be guilty of keiping conventicles, and to proceed against them by fineing and otherwayes, as is at lenth exprest in the said act, and that they make account and report of the fines to the commissioners of his majesties' thesaurary, and of their diligence to his majesties' councill. And his majestie, considering the slow progress hath bein maid in puting these acts in execution for the time bygone, doeth therfore, with advice forsaid, statute and command that all sheriffs, stewarts, lords of regalities and their deputes and magistrats of burrowghs within their respective jurisdictions, shall from henceforth be carefull in puting these acts to due execution, against keipers of conventicles and withdrawers from publict worshipe, conforme to the power and trust committed to them therby, and that they returne ane account of their proceiding to his majesties' councill yeirlie, on the first Thursday of July, undir the pain of fyve hundred merks, to be payed by each shirref, stewart, bailliff and magistrats of burgh, for each yeir's failyie in not giving ane account of their diligence, as said is.
[1672/6/52]*[print] [email] [cite] [preceding] [following]
The king's majestie, considering the many good lawes and statuts maid by himselfe and his royall predicessors for suppressing of vagabonds, beggars and idle persones, who are a great burding and reproach to the kingdome, and for the most pairt live without all law or rule, sacred or civil, and that a numerous brood of such persones are daylie increasing who, if they wer sett to work, and bred to trades and callings, the people might not onlie be disburdened of them, but they might in a shorte time, and upon fare less expence, become usefull and profitable for the whole kingdome; and withall considering that the effect of all these good lawes hath bein frustrate because ther hath bein noe place provided wherin such poore people might be sett to worke, nor persones appointed to have the charge and oversight of them. For remeid wherof, his majestie, with advice and consent of his estates of parliament, statutes and ordaines that the magistrats of the burghs following, betuixt and the terme of Whitsunday nixt 1673, provyde correction-houses for receaving and intertaining of the beggars, vagabonds and idle persones within their burghs, and such as shall be sent to them out of the shires and bounds aftirspecified; and that they appoint masters and overseers of the same, who may sett these poor persones to worke: viz, one correction-house at the burgh of Edinburgh, for these of the toune and shire of Edinburgh; one at the burgh of Hadingtoune, for these of the shire of Haddingtoun; one at Dunse for the shire of Berwick; one at Jedburgh for the shire of Roxburgh; one at the burgh of Selkirk, for the shire of Selkirk; one at the burgh of Peibles, for the shire of Peibles; one at Glasgow, for the shire of Lanerk; one at the burgh of Dumfreis, for the shire of Dumfreis; one at the burgh of Wigtoune, for the shire of Wigtoune, one at the burgh of Kirkcudbright, for the stewartry of Kirkcudbright; one at the burgh of Aire, for the shire of Aire; one at the burgh of Dumbartoun, for the shire of Dumbartoun; one at the burgh of Rothesay, for the shire of Bute; one at Paisley, for the shire of Renfrew; one at Stirling, for the shires of Stirling and Clackmannan; one at Linlithgow, for the shire of Linlithgow; one at Culross, for these tuelve paroches in the shire of Perth belonging to the presbytrie of Dumblane; one at the burgh of Perth, for the rest of the shire of Perth; one at Montrose, for the shire of Kincarden; one at the burgh of Aberdein, for the shire therof; one at Innerness, for the shires of Innerness, Ross and Cromartie; one at the burgh of Elgin, for the shires of Elgin and Nairne; one at Inverary for the shire of Argyll; four in the shire of Fyffe, viz, one at St Andrews, one at Coupar, one at Kirkaldy and one at Dumfermling, for the four ordinary divisions of that shire; one at Dundee, for the shire of Forfar; one at the burgh of Bamffe, for the shire of Bamff; one at the burgh of Dornoch, for the shire of Sutherland; one at Week, for the shire of Caithnes; and one at the burgh of Kirkwall, for the shir of Orknay and Zetland; each of which houses shall have a large closs, sufficientlie inclosed for keiping in the said poor people, that they be not necessitat to be allwayes within doors, to the hurt or hazard of their health. And incaice the magistrats of the saids burghs, or any of them, shall not provide and have in reddines the saids correction housses, betuixt and the said terme of Whitsunday nixt, they shall incurr the pain and penaltie of fyve hundreth merks Scots money, and that quarterlie, untill the correction houses be provided, which penalties shall be payed to the comissioners of excise, in the respective shires or bounds, from which the saids poor persones shall be sent to the saids correction housses. And the saids commissioners are heirby warranted to raise letters of horneing, and use other execution at there instance against the magistrats of the saids burghs, for payment of the penalties that shall be incurred by them, in maner forsaid; which penalties shall be applyed by the saids commissioners for building or buying of houses to the effect forsaid. And in the mean time, untill the saids houses be provided, the magistrats of the saids burghs are required to dispose of these beggars and poor people, who wer either borne within their respective burghs or have hawnted therein the last thrie yeirs, in some convenient places, soe as they may not goe begging on the streits, or at houses within the toune. And for the bettir enabling of the saids burghs to beir the charges and expenssis of the saids correction-houses, his majestie, with consent of the saids estates of parliament, statutes and ordaines that the contributions and allowances for maintaining of the poor, appointed by the fifteinth act of the third session of his majesties' first parliament intituled, act concerning beggars and vagabonds, be applyed for the use of the saids correction-houses, wherby they shall have two shillings Scots for ilke poor persone per diem that shall be sent to them, and entertained and bred by them, for the first yeir; and tuelve pennies Scots per diem for the space of thrie yeirs therafter, dureing which they shall intertaine and educate them, togidder with the profeit ariseing from the labour and worke of the saids poor persones, for sevin yeirs theraftir; which contributions are to be payed by the paroches releived of the said poor, in maner contained in the said act. And to the effect it may be knowne what poor persones are to be sent to the said correction-houses, and who are to be keiped and entertained by the contributions at the paroch-kirks for the poor, the ministers of ilke paroche, with some of the elders, and in case of vacancie of the kirks, thrie or moe of the elders, are heirby ordered to take up ane exact list of all the poor persones within their paroches, by name and sir-name, condiscending upon their age and conditioun, if they be able or unable to worke, by reasoun of age, infirmity or disease, and where they wer borne, and in what paroches they have most hawnted dureing the last thrie yeires, preceiding the uptakeing of these lists; intimation being allwayes maid to the whole heritors of the paroche to be present, and to see the lists right taken up; and that the heritors who, and the possessors of their land, are to beir the burding of the maintainance of the poor persones of each paroch, or any of them who shall meit with the saids ministers and elders, shall condiscend upon such as throwgh age and infirmity are not able to worke, and appoint them places wherin to abide, that they may be supplied by the contributions at the paroche-kirk; and if the same be not sufficient, to entertaine them that they give them a badge or ticket to aske almes at the duelling houses of the inhabitants of their owne paroche onlie, without the bounds quhairof they are not to beg; and that they doe not at all resort to kirks, mercats or any other places where there are meitings at mariages, baptismes, burialls or upon any other publict occasion. And likwise, that such of the saids poor persones as are of age and capacity to worke, be first offered to the heritors or inhabitants of each paroche, that if they will accept any of them to become their apprentices or servants, they may receive them upon their obleidgment, to entertaine and sett to worke the saids poor persones, and to releiff the paroch of them, for which cause, they shall have the benefite of their worke untill they attain the age of thirty yeirs, conforme to the tenth act of the tuentie-two parliament of King James the sixth, and that the rest of the saids poor persones be sent to the correction-houses, for whose entertainment the saids heritors shall cause collect the saids contributions, and appoint a quarter's allowance to be sent alongs with them, with cloathes upon them to cover their nakedness, and the said allowance to be payed quarterlie theraftir by way of advance. [And] with power also to the saids commissioners of excise, in each shire quarterlie, to take ane account of the diligence of these of each paroch in performeing of the premisses, and in case of their neglect, to appoint other persones to make the saids lists, and collectors to uplift the saids allowances, and to bring them to correction-houses; and the sheriffs, their officers and mayers† and constables are heirby required to concurr and be assisting to the carrying and delivering of the saids poor persones to the correction-houses. And in case any heritors shall find within their bounds any other vagabonds, beggars or idle persones not being in service, nor having any visible way or stock to entertaine themselvis, who wer not borne, nor did hawnt formerlie within their bounds, they are heirby impowered to seize upon such persones and to send them to the correction-houses, and to charge the magistrats or masters of the saids houses to receive them without advance of any allowance, with power, notwithstanding, to the saids magistrats or masters to charge the heritors of the paroches where these idle persones wer borne, or have most haunted the last thrie yeirs, for the allowance of such of them as are not bred to work; and as to such of them as can work, the masters shall have the benefite of their worke for their meat. And his majestie, with advice forsaid, doeth impower and require the masters of the correction-houses to put and hold the saids poor people to worke, as they shall see them most capable and fitt, and incaice of their disobedience, to use all maner of severitie and correction, by wheeping or otherwayes (excepting torture), and to detain them within the said correction-house and closs therof; with this provision, that incaice any of the saids poor persones being received shall be suffered to escape to burthen the countrey of new, that the magistrats shall be charged to recover and receive them again, without any allowance thereaftir, dureing the said space of four years, undir the pain of fourtie pounds Scots for each persone soe escaping; with power also to them to receive disobedient servants, and to put them to worke, and to correct them according to their demerits. Likeas his majestie, with advice forsaid, ordaines lettirs of horneing and other execution to pas hereupon, at the instance of these who shall send the poor in maner forsaid, against the magistrats of burghs for receiving the poor sent to them, with the quarters allowance forsaid; and likewayes, letters of horneing to be direct at the instance of the masters of the saids correction-houses, against these lyable in payment of the said allowance for the poor, conforme to the said act of parliament, and that quarterlie in maner forsaid, and at the instance of the collectors, to be named by the heritors or commissioners of excise, against the heritors and inhabitants of the saids paroches, conforme to the said act of parliament. It is allwayes heirby provided that it shall be lawfull to coallmasters, salt-masters and others who have manufactories in this kingdome, to seise upon any vagabonds or beggars, wherevir they can find them, and to put them to worke in their coal-hewghs or other manufactories, who are to have the same power of correcting them, and the benefite of their worke, as the masters of the correction-houses. And furder, his majestie, with advice forsaid, recommends and committs the executione of this present act to his privy councill, with power to them to appoint all meanes and wayes for making the same effectuall; to whome the commissioners of excise in the severall shires, are hereby required to returne ane account of their diligence in the premises, by some of their number, the second councill day in November, and the second councill day in Junij yeirlie, undir the pain of fourty pounds Scots for every commissioner of excise who shall be deficient in doing his pairt of the premisses.
[1672/6/53]*[print] [email] [cite] [preceding] [following]
Our soveraigne lord and estates of parliament, considering that Anna, dutches and James, duke of Buccleuch and Monmouth etc. have severall lands within the paroches of Staplegordoun, Wauchope, Ewis, Cannabie and Westirkirk, alias Watstirker, within the shirrefdome of Dumfreis, bot that the greatest pairt of their estate within this kingdome lyes within the shirrefdome of Roxburgh; as likewayes, considering that thair haill lands and estate lying within the saids fyve paroches of Staplegordoun, Wauchope, Ewis, Cannabie and Westirkirk, alias Watstirker, are erected in ane regalitie in their favours, called the regalitie of Eskedale, and that they have transacted with the earle of Dumfreis, heretable shirreff of Dumfreis for the tyme, for any right or pretence of jurisdiction he or his successors might have in anie tyme theraftir over the lands lying within the saids parochines of Staplegordoun, Wauchope, Ewis, Cannabie and Westirkirk, alias Watstirker, and shirrefdome of Dumfreis; as likewayes, considering that the saids paroches ly be themselvis at the remotest pairt of the said shirrefdome of Dumfreis and contigue with the said duke and dutches of Bucclewgh their lands, lying within the said shirrefdome of Roxburgh, and that the saids haill fyve paroches of Staplegordoun, Wauchope, Ewis, Cannabie [and] Westirkirk, alias Watstirker, pertaines to the said duke and dutches, aither in proppertie or superioritie, except some few inconsiderable lands pertaining to some other heritors, in regaird wherof his majestie and estates of parliament conceives it fitt and necessar to separate, dismember and disjoyne these lands in the saids paroches of Staplegordoun, Wauchope, Ewis, Cannabie and Westirkirk, alias Watstirker, which pertaines to the said duke and dutches, in propertie or superioritie, frae the said shirrefdome of Dumfreis and jurisdiction therof, and to unite the same to the said shirrefdome of Roxburgh, to remaine therwith as a pairt of the said shirrefdome in all time comeing; thairfor his majestie, with consent of the estates of parliament, seperates, dismembers and disjoynes these lands in the saids paroches of Staplegordoun, Wauchope, Ewis, Cannabie and Westirkirk, alias Watstirker, which pertaines to the said duke and dutches of Bucclewgh, in proppertie or superioritie, frae the said shirrefdome of Dumfreis and jurisdiction therof, and declaires them to be noe pairt of the said shirrefdome of Dumfreis, nore be lyable to bear burding or leveys nor outreiks of horse or foot, nor any pairt of the militia therwith, in all tyme heiraftir, and unites and annexis the samyn to the said shirrefdome of Roxburgh, to remain therwith as a pairt of the said shirrefdome, and to beir all burdens, leveys, outreiks of horse and foote and militia therwith, in all tyme comeing, and to that effect ordaines the valuation of the saids lands and that pairt of the excise payed for them, and thair proportion of the militia and outreiks of horse and foote to be taken aff the totall valuation, excise, outreiks and militia of the shirrefdome of Dumfreis and to be eiked to the valuation, excise, outreiks and militia of the shiriffdom of† Roxburgh; and for doeing therof, gives and grants comission to Henry Mcdowgall of Mckerstoun, Sir John Scot of Ancrum, Robert Pringle of Cliftoun, John Scot of Ronaldstoun and John Rutherfoord of Edyerstoun for the duke of Bucclewgh and shire of Roxburgh, and to Sir Robert Dalzell of [...], Robert Fergussone of Craigdaroch, John Irving, proveist of Dumfreis, William Maxwell of Killilung and John Elisone of Glencorse, for the shire of Dumfreis, or any six of them, there being allwayes thrie for each of the shires present, and to make report of the same to the privie councill. And his majestie and estates of parliament gives full power to the lords of his privie councill for ordering and composeing all differences theranent. And last his majestie and estates of parliament declaires that this unione of the saids five paroches to the shirrefdome of Roxburgh shall noe wayes prejudge the said duke and dutches of Bucclewgh of their right or regallitie over the saids five paroches.
[1672/6/54]*[print] [email] [cite] [preceding] [following]
Forasmuch as the king's majestie, in consideration of the good and faithfull services done by the deceist Patrick, earle of Forth and Bramfoord, to his majesties' royall father, of blissed memorie, and that for his loyaltie he wes unjustlie forfaulted by these who usurped the government for the tyme, conceiving himselfe therunto bound in honor and justice did, with advice and consent of his estates of parliament, upon the tuelve day of Jully jM vjC and sixtie one yeires, rescind and from the begining annull the pretended forfaultor of the said earle and restored his aires and executers against the same, to all intents and purposes, the extracting of which act, having bein continowed for diverses yeirs theraftir, the same was by ane act of the second session of this present parliament ordained to be extracted of the dait in which it wes past. Lykeas, by ane act past at the same time, these who intrometted with and received the soumes due to the earle of Forth, either from the publict or be their ordor and warrand, wer declaired lyable to make payment of the same, and his majestie, considering that it was intended by him and the parliament, in restoreing the earle of Forth, to settle and secure his estate in some persone descended from him, who might represent him and preserve his memorie, notwithstanding wherof, there being a latent contract past betuixt the countes of Bramfoord, relict of the said earle, and the Lady Forrester, his dawghter, and her husband the Lord Forrester, of the dait the nynteinth day of November jM vjC and sixtie, anent the division of the estate, which was to be recovered by the earle's restitution, upon pretence wherof, the relict does clame a thrid pairt of the soumes due by his restitution, frie of all debts and expences whatsoevir the tyme, of which contract the Lord Forrester and his lady wer not acquainted with the condition and extent of the earle his estate, the whole wryghts concerning the same being then in the relict's custodie, and which contract, as it wes not knowne to the parliament when the act of restitution was past or when it was ordered to be extracted, soe if the same should take effect the relict, being a stranger and having noe children, will carie away a considerable pairt of the earle of Forth's estate, and therby altogidder evacuat the intent of the forsaid act of restitution. Wherupon a petition, being given in by the lord and lady Forrester and their sone, to the lord commissioner his grace and the lords of the articles, representing the great prejudice which they will inevitablie sustain if the said contract should stand, seing therby the earle of Forth's memorie will be quyte extinguished, and desireing that, as his majestie and the parliament wer graciouslie pleased to restore the earle of Forth, soe they would interpret the effect and extent of their owne act of restitution by declaireing the right of all soumes due to the earle of Forth to belonge to them, notwithstanding of the said transaction. And the countes of Bramfoord, being cited to heir the desire of the petition granted, and both pairties compeiring personallie with their advocats, and being hard befor the lords of the articles, and the petition, with the answears maid therto, and haill dispute conteind in the minutes of proces, being remitted by them to the estates of parliament and the samyn, being at lenth hard and considdered by them, and they being weill and ryplie advissed therwith, the king's majestie, with advice and consent of his estates of parliament, declaires it to have bein their meaning and intention by restoreing the earle of Forth that the sole and undoubted right of all soumes of money, and other meanis and estate belonging to the said earle or which might belonge to him be vertew of his restitution, should appertain and belonge to Edward, eldest sone procreat betuixt the said Lord Forrester and Lady Jean Ruthven, his spous, lawfull dawghter to the said earle, and failyieing of him be deceis to any other sone or dawghter procreat or to be procreat betuixt the said Lord Forrester and the said Lady Jean, which failyieing to the children of hir body with any other husband, they allwayes carying the sirname of Ruthven; and ordaines siclyke action and execution to pas at the instance of the said Edward and others succeiding to him for payment alsewiel of these soumes, for which decreit is alreadie obtained befor the lords of session, as of these for which decreit shall be recovered heiraftir, in the same maner as was competent to the said countes of Bramford and the Lady Forrester and hir husband, befor this act, reserving to the Lord Forrester and his lady, and the longest lievar of them, their lyfrent of the halfe of the forsaids soumes. And his majestie, with advice forsaid, ordaines the said countes to exhibite and produce in the hands of Mr Alexander Gibsone, clerk to the process depending befor the lords of session, against the intromettors with the earle of Forth's moneys, the whole bands, contracts of wodset and all other writs and rights of or concerning the earle of Forth's estate personall and reall, which are in hir custodie to remain [in] the hands of the said Mr Alexander, untill the lords of session give such ordor for disposeing of them as they shall think just, and ordaines letters of horneing, upon a charge of tuentie-four houres, to be direct heirupon at the instance of the said Edward, and the said Lord Forrester, his father, tutor and administrator of the law for his interest, against the said countes of Bramfoord, to the effect forsaid. Likeas his majestie, with advice forsaid, doeth heirby rescind and annull the said contract of the dait forsaid, and any disposition, assignation or other right granted by the said Lady Forrester or hir husband to the said countes of any pairt of the said deceist earle his estate or soumes of money dew to him, and declaires that these rights shall noewayes imped the said Edward to bruike and enjoy the meanis and estate of his grandfather, declaired to belonge to him in maner forsaid, but prejudice allwayes to the said countes of any right of terce or thrid dew to hir as relict or of any provision conceived in hir favours be contract of mariage with hir husband, and of any action competent to hir for such soumes of money as she hes expendit profitablie for the behoove of the said Lord Forrester or his lady.
The lord commissioner adjornes the parliament till Fryday in the aftirnoone.