The estates of parliament ordain that the 17 that were formerly upon the conference anent the valuations meet for prosecuting the articles presently agreed upon, and for condescending upon a commission, rules and instructions for rectifying the valuations in time coming and for prosecuting the articles following, that they call for books and records and take parties' oaths according to the articles after-specified: First, that where the valuations of 1643 are given in, the same be the rule for the maintenance, except where they are beneath those of 1639; and in that case the valuations of 1639 to be the rule. Secondly, and where they have been given in and taken up or returned again, that the clerk's records be the rule of the total of that shires, the clerk making faith thereupon. Thirdly, where they are not given in nor recorded, that the commissioners or some gentlemen of knowledge and known integrity of the shire here present in the town make faith what is the total according to which they have paid their maintenance; and if they cannot make faith upon the total, that they make faith what they pay out of the £100 of valued rent whereby the total may be known; and if the total be under the valuation of 1639, in that case the valuation of 1639 to be the rule. Fourthly, and where by none of the former means the valuation can be cleared, the valuation of 1639 where it is highest be the rule.
[1649/5/271]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that they by their former act and gift of the date at Edinburgh, 15 March last have given and granted to John, earl of Cassilis, lord Kennedy etc. the office and place of justice general, with all honours, dignities, fees, casualties and others belonging thereto, of which act the tenor follows: At Edinburgh, 15 March 1649. The estates of parliament, taking into their consideration that the place of his majesty's justice general is now vacant through the sentence and deprivation lately pronounced against William [Cunningham], earl of Glencairn, late justice general, and for the better administration of justice it is requisite and necessary that the said place be filled and discharged by some person of honour and known abilities fit for the discharge thereof, therefore the said estates of parliament have nominated and appointed and by this act nominate and appoint John, earl of Cassilis, lord Kennedy etc. to be his majesty's justice general, with all honours, dignities, liberties and casualties and others belonging thereto as freely in all respects as the said William, earl of Glencairn or any other has held and possessed the same in any time before and may now stand with the laws of this kingdom, and ordain a gift to be passed to him of the said office under the great seal, which act and gift they do hereby ratify and approve in all the heads, articles and clauses thereof. And further, in respect the aforesaid act and gift is not so amply extended as is requisite, therefore the said estates of parliament constitute, nominate and appoint the said John, earl of Cassilis justice general during all the days of his lifetime and give and grant to the said noble earl the said office with all acknowledgment, jurisdiction, honours, privileges, emoluments, commodities and casualties belonging thereto, with power to him to affix and hold justice courts at Edinburgh or any other place or places convenient for administration of justice by himself or his deputes to be appointed by him, with advice of parliament during the times of parliament, and in the interval of parliament, with advice of council, and that in all causes criminal and civil belonging to the jurisdiction of his majesty's justice general by the laws and practice of the kingdom. And likewise to affix and hold circuit courts according to the act of parliament in 1587 and other acts made relating thereto, and to that effect to direct letters or precepts necessary, and use and exercise all power and jurisdiction competent to his majesty's justice general by the laws and practice of the kingdom of Scotland. With command herein to all his majesty's subjects that they obey and reverence the said earl of Cassilis as his majesty's justice general of the said kingdom, and that they rise, assist and concur with him in all things that may tend to the promoting and administration of justice and execution thereof and his majesty's laws and acts of parliament. And the said estates declare the aforesaid gift of justiciary shall in no way be prejudicial to the heritable right of justiciary pertaining to [James Hamilton], duke of Hamilton or to Archibald [Campbell], marquis of Argyll within the same bounds respectively contained in their infeftments granted to them thereupon and ratified in parliament, with reservation likewise of the gifts of deputation already granted to his majesty's justice deputes which are hereby excepted and reserved to his said majesty's justice deputes, according to the tenors thereof, unprejudiced hereby. And the estates of parliament ordain this act to be a sufficient warrant to the director of our sovereign lord's chancellery to write the same to his majesty's great seal and to the keeper thereof for sealing the same without passing any other seal or register.
[1649/5/272]*[print] [email] [cite] [preceding] [following]
The estates of parliament now convened, taking into their consideration the many grievances represented to them on behalf of the heritors and inhabitants of Perth, Stirling and Clackmannan touching the insolencies, murders, slaughters, robberies, depredations, thefts and other nefarious crimes committed by day and night upon them by thieves, robbers and other wicked and unlawful men commonly in and about [...] who gather themselves together, armed with hostile equipment for the better enabling them to commit these villainies and disturb the peace of these bounds; and the estates of parliament, being most willing that lawful means be used for suppressing these insolencies, punishing the offenders and securing the quiet of the kingdom, and having good experience of the affection and abilities of [...]†, therefore the said estates of parliament do hereby make and constitute the aforenamed persons commissioners to the effect underwritten within the bounds of the [...], with power to any of the said commissioners or any having warrant from them conjointly and separately to pass, follow, pursue, take and apprehend the said thieves, robbers, their associates and followers or any other committers or who are suspect to be committers of the crimes above-written within the said bounds wherever they be apprehended within the said bounds, and to commit them to any jails made or to be made within the said bounds or any other jail thereabouts as they shall think expedient until they be brought to their trial; from which place, any one of the said commissioners, or any having power from them as said is, are authorised to cause bring the said persons so warded to the place of the courts to be held by the said commissioners, or any five of them, for their trial and punishment within the bounds aforesaid. And if it shall happen any of them for eschewing apprehension flee to strengths or elsewhere within this kingdom, with power to the said commissioners, or any one of them and those that shall have warrant from them respectively conjointly and separately, to pass, follow and pursue them wherever they shall flee within this kingdom, assuage the said strengths, houses and use all kinds of force and warlike engines that be had for taking the said houses and apprehending the persons therein. And in case it shall happen that they or any being in the said houses and assisting them are hurt and wounded, mutilated or slain, the said estates do hereby declare that the same shall not be imputed to the said commissioners or any having warrant from them, nor to the persons assisting them in execution hereof as a crime nor offence, and that they never shall be pursued civilly nor criminally thereof in any manner of way in time coming, liberating them thereof by this act. Likewise the said estates do hereby give power to them for the better execution hereof to carry hackbuts and pistols and other warlike equipment in discharge of this commission, notwithstanding whatsoever laws made in the contrary, for the which, and with all pains contained therein the said estates dispense by this act. And if any of the said persons shall be apprehended, with power to the said commissioners or any of them to fence and hold courts at such times and places as they shall think expedient within the bounds aforesaid, call suits, fine absents and in the said courts the said thieves, robbers and other associates and all other committers of the crimes above-written or those suspected guilty thereof to call by their grounds of indictment, to accuse and put them to the knowledge of an assize, and as they shall be found guilty or innocent, to cause justice to be administered upon them according to the laws of this realm and assizes needful for this effect, each person under the pain of £40 to summon, warn, receive and cause be sworn; clerks, serjeants, dempsters and other members of court needful to make, create, substitute and ordain, for whom the said commissioners shall be held to answer; the escheats, fines and forfeits of the said courts to be applied to their own use for their service and pains; and also with power to the said commissioners jointly and separately to direct their own precepts and convene before them the said thieves, robbers and others aforesaid to find caution within six days before the said commissioners or one or other of them to compear before the said commissioners at the [...] day of [...] 1649 years to underlie the law for the crime or crimes aforesaid upon single charge of 15 days under the pain of horning; and in case of their non-compearance, to declare them fugitives and ordain them to be denounced his majesty's rebels and to fine their cautioners. And it is hereby declared that the denunciation of such persons shall be at the market crosses of the head burghs within the bounds aforesaid or any of them within which the persons declared fugitives dwell or has dwelled. And generally with power to the said commissioners to do all and everything requisite for execution hereof which may be done in justice court by any justice general, commanding hereby all his majesty's subjects within the said bounds to reverence, acknowledge, obey, rise and concur with the said commissioners in their best equipment for pursuit and apprehension of the aforesaid persons whenever they shall be required by word, writ or message under the pains contained in the acts of parliament, as also commanding the magistrates of the aforesaid burghs to make ready their tolbooths for receiving and bringing the delinquents to the judgment in the bounds aforesaid as they will be answerable. This commission to endure [...] and the said commissioners shall be accountable to the estates of parliament, secret council or committee of estates for their proceedings herein.