[1661/1/36]*[print] [email] [cite] [preceding] [following]
Forasmuch as the power of arms, and entering into and making of leagues and bonds, is an undoubted privilege of the crown, and a proper part of the royal prerogative of the kings of this kingdom, and that in recognisance of his majesty's just right, the estates of parliament of this his most ancient kingdom of Scotland have declared it high treason to the subjects thereof of whatsoever number less or more, upon any pretext whatsoever, to rise or continue in arms, or to enter into leagues or bonds with foreigners or among themselves without his majesty's special warrant and approbation had and obtained thereto and have rescinded and annulled all acts of parliament, conventions of estates or other deeds whatsoever contrary to, or inconsistent with the same; and whereas during these troubles, there have occurred diverse things in the making and pursuance of leagues and bonds which may be occasion of jealousy in and between his majesty's dominions of Scotland, England and Ireland, therefore and for preventing of all scruples, mistakes or jealousies that may hereafter arise upon these grounds, the king's majesty, with advice and consent of his estates of parliament, does hereby declare that there is no obligation upon this kingdom by covenant, treaties or otherwise to endeavour by arms a reformation of religion in the kingdom of England, or to meddle with the public government and administration of that kingdom, and the king's majesty, with advice and consent foresaid, does hereby declare that the League and Covenant and all treaties following thereupon, and acts or deeds that do or may relate thereto, are not obligatory, nor do infer any obligation upon this kingdom or the subjects thereof, to meddle or interpose by arms or any seditious way in anything concerning the religion and government of the churches of England and Ireland or in what may concern the administration of his majesty's government there; and further his majesty, with advice and consent of his estates, does hereby discharge and inhibit all his majesty's subjects within this kingdom that none of them presume, upon any pretext of any authority whatsoever, to require the renewing or swearing of the said League and Covenant, or of any other covenants or public oaths concerning the government of the church or kingdom without his majesty's special warrant and approbation, and that none of his majesty's subjects offer to renew and swear the same without his majesty's warrant as said is, as they will be answerable at their highest peril.†
[1661/1/37]*[print] [email] [cite] [preceding] [following]
Forasmuch as by diverse acts of parliament it is found that stipends and benefices of vacant kirks, or which thereafter should fall vacant by death, deposition, suspension, transportation of ministers, division of kirks or any other way, should during the vacancy thereof be employed on pious uses, and the king's majesty considering that during these troubles many learned and religious persons in the ministry and in universities, for their expressions of duty and loyalty to his majesty, or not concurring in the confusions of the time, have been deposed or suspended from their charge and ministry, and have been otherwise put under great sufferings and they and their families reduced to extreme misery and want, and conceiving it to be an act of great piety and justice to have regard to the sufferings of those honest and faithful ministers and others, and in some measure to provide for them and repair their losses, therefore his majesty, with advice of his estates of parliament, ordains all stipends or benefices of kirks that are vacant, and not already disposed of, or which shall fall vacant by death, deposition, suspension, transportation or any other way, to be employed for the supply and maintenance, and towards the reparation of the sufferings and losses of the persons aforesaid, and of the wives and bairns of such of them as are dead, and that in such manner and ways as after trial of their merits and sufferings and the causes and grounds thereof, shall be thought fit by the lords of his majesty's privy council, to whom his majesty, with advice and consent foresaid, commits the care of this business and does hereby empower and require them to use all diligence that the favour and justice hereby intended by his majesty, to these suffering persons and their families, may be made effectual, and that notwithstanding of anything contained in any of the said acts to the contrary. It is always provided that this act is without prejudice of any benefit which by the law and custom of this kingdom falls to the widow, bairns or executors of a minister after his death, and that this act is to endure for the space of seven years and longer as his majesty shall think fit.
[1661/1/38]*[print] [email] [cite] [preceding] [following]
The estates of parliament presently convened by his majesty's special authority having heard a petition presented to them by William [Douglas], earl of Morton, holding furth that one Mr Patrick Waterstone, a deposed minister, was by his sheriff depute of Orkney in August last committed, and as yet continues prisoner in the town of Kirkwall for treasonable speeches against the king's majesty and many of his royal progenitors, therefore, desiring that a commission might be granted for examination of the witnesses to some qualified persons there, they being poor and not able to come this length, and that their depositions might be sealed up and sent to his majesty's advocate, and also to grant order that the said Mr Patrick may be sent for and brought hither from sheriff to sheriff until he come to Edinburgh to receive sentence as he deserves. Which petition, being taken into consideration by the said estates of parliament, with the report of the commissioners appointed for complaints also given in by them in the said matter, the said estates of parliament has given and hereby gives power and commission to Patrick Blair of Littleblair, sheriff-depute of Orkney, Patrick Monteith of Egilsay, Mr Patrick Graham of Rothiesholm and James Baikie of Tankerness, or any two of them, to examine such of the said witnesses as they shall find not able to travel to Edinburgh in the presence of the party, reserving his objections against the same witnesses, which depositions shall be sealed and returned to his majesty's advocate, and recommends to the said William, earl of Morton that he take course for bringing the said Mr Patrick and the other witnesses to Edinburgh to attend his trial there, and declares that the charges and expenses of bringing the said party and witnesses to this place shall be satisfied out of the first and readiest of the estate of the said Mr Patrick if after trial he be found guilty of the crimes laid to his charge.
[1661/1/39]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by Hugh MacRone, merchant burgess of Edinburgh and prisoner, showing that he has lain prisoner these seventeen or eighteen months within the tolbooth of Edinburgh in great misery for an alleged debt and, because of the want of lawful judicatories, the maliciousness of the party has augmented the supplicant's sad suffering, and having diverse times made application to the honourable lords and others of the committee of estates and they, being very sensible of the sad and afflicted condition of the petitioner, had granted several warrants ordaining the magistrates of Edinburgh to set the petitioner at liberty, one whereof is dated 24 September and another 14 December 1660, as the said warrants produced with the supplication more fully bears. Yet, nevertheless, the said magistrates of Edinburgh refuses to give obedience, alleging themselves not to be sufficiently secured by the said warrants, so that the petitioner is closed up in darkness in the very extremity of misery and, therefore, beseeching the estates of parliament to have commiseration upon his sad condition and to call for the said warrants and accordingly to grant warrant of new to the said magistrates to set the petitioner at liberty so that his life may be preserved to labour for bread to his starving family. Which supplication, with the two acts and deliverances of the committee above-mentioned, the first bearing that the supplicant has consigned in the clerk of the committee's hands an assignation of two tickets made to him by the persons therein-mentioned, for the sums therein-specified, to be made forthcoming to his creditors and therefore ordaining him to be put to liberty, and the second ordaining the magistrates of Edinburgh to obey the former order and put the supplicant to liberty, together with the report of the commissioners of parliament appointed for bills, whereby they conceive it fit that the commissioner's grace and estates of parliament should give warrant to the said magistrates of Edinburgh to the effect aforesaid in regard of the said two warrants, and that they were sufficiently informed by some of their own number, who were members of the committee of estates, that the parties were both heard before them and that the party creditor did assent to the enlargement of the petitioner, being all heard, seen and considered by the said estates of parliament, they in respect thereof ordain the provost and bailies of Edinburgh to put the petitioner to liberty furth of the said tolbooth of Edinburgh that he may pass as his majesty's free liege for doing of his lawful affairs in all time coming.