[1621/6/131]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, having considerit the supplicatioune gevin in befoir thame be the ordiner advocatis befoir the lordis of sessioune, clerkis of sessioun, writaris to the signet, privie and greit seill and four ordinar maisseris, being all ordiner memberis of the colledge of justice, makand mentioune that forsamekill as they having convenit to resolve and advyse anent thair contributioune to the taxatioun to be imposit upoun his majesties liegis att this present parliament, haif att lenth weyit and considerit the motives and causes moving his majestie to the imposing of the said taxatioun, quhilk they fand to be so just, important and necessar and tweiching so neirlie the estait of his majestie and the estait of religioun professit within this realme that they think thame selffis oblist of conscience, without any respect to quhatsumevir thair priviledges, to mak humbill offer of contributioune according to the rait imposit upoun the rest of his majesties subjectis, speciallie seing they fand that thair predicessoures in the moneth of August, jM fyve hundreth fourscoir auctht yeris, quhen the realme and religioun wes threatned be the invasioune of strangeris, did mak the lyik offer of contributioun to his majestie, quhilk his majestie graciouslie acceptit, and that thairfore now they all in ane voice in all humilitie and submissioun makis humebill offer to his majestie and estaittis to pay thair pairt of this present taxatioun to be imposit be the estaittis upoun the rest of his majesties lieges according to threttie s. for the pund land yeirlie for the space off four yeris, with fyve merkis of ilk hundreth merkis of annuelrent pertening to thame during the said space, with this provisioun alwayes: that the said offer suld nawayes prejudge thame nor thair successoures of thair priviledgis and immunities bruikit and possessit be thame and thair predicessoures, bot that the samyn sall remane in the awin strenth as they wer of befoir unprejudgit be the said offer. As als becaus they best knaw thair awin valuatioune and estaitis and ar willing to ingadder thair pairt of the said taxatioun upoune thair awin expenses and charges that, thairfore, it is necessarie that commissioun be grauntit to sum of thair awin number for ingaddering and uplifting of thair pairt of the said taxatioune as att mair lenth is contenit in the said supplicatioun; with the quhilk supplicatioun and desyre thairof, his majestie and estaitis of parliament being weill advysit, they haif acceptit and acceptis the said voluntarie offer maid be the saidis advocatis, clerkis, writaris and remanent memberis of the said colledge of justice upoun and with the conditioun and provisioun thairin contenit. Lykeas his majestie and estaittis willis and declaris that the said voluntar offer of contributioune sall nawayes hurt nor prejudge the saidis advocatis, clerkis, writtaris and utheris memberis of the said colledge of justice in thair priviledges and immunities bruikit and possest be thame and thair predicessouris, bot that the samyn sall remayne in the awin strenth unprejudgit be the said offer. And siclyk his majestie and estaittis gevis and grauntis full power and commissioun to the saidis advocattis, clerkis, writtaris and utheris memberis of the said colledge of justice to chuise, elect and nominat sum of thair awin number, to witt: twa or thrie advocatis and als mony writtaris and clerkis for stenting and taxting of thame and thair britherene and remanent persounes, foirsaidis memberis of the said colledge of justice, and incace of the deceis or absence of any of the persounes to be nominat be thame, to substitute utheris in thair roumes and places to the effect foirsaid. With power to the saidis persounes to be nominat be thame to call and convene before thame (or ony four of thame, thair being alwayis of that number twa advocatis, ane clerk of sessioun and ane writter to the signet) quhatsumevir day or dayes the haill britherene of the advacatis, clerkis, writaris, maisseris and utheris memberis of the colledge of justice, and to stent and taxt thame in thair landis, teindis, pensiounes and annuelrentis proportionallie according to the ordour sett doun in this present parliament. And als with power to the saidis advocates, clerkis, writtaris and utheris memberis of the said colledge of justice to appoint and nominat collectouris, ane or mae as they pleis, for uplifting of the said taxatioun and delyverie thairof to the collectour generall at the speciall termes respective specifit and sett doune in the act of the said taxatioune, for quhome they salbe haldin to be answerabill; and ordanes lettres of horning and poynding to be direct att the instance of the saidis collectouris, ane or mae, to be nominat be thame, for ingaddering of the said taxatioune to the stent roll thairof to be sett doun be the saidis commissioneris.
[1621/6/132]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, considering that be ane act of parliament haldin att Edinburgh in the moneth of Junii 1617 yeris the personage and kirk of Renfrew wes annexit to the colledge of Glasgow without the consent off the titular being on lyfe, hes thairfore, and for uther guid causes and consideratiounes moving thame, repeallit and annullit the said act abovewrittin by the quhilk the said benefice was annexit to the foirsaid colledge with all that hes followit or may follow thairupoun, and declairit the samyn to haif bene fra the beginning, to be now and in all tyme cumming off no availl, force nor effect; and yit nevirtheles the saidis estaittis declairis that in cais the rectour, deane of facultie, regentis and maisteris of the colledge of Glasgow gif thair frie and voluntar assent, consent and approbatioun to the contract and appointment maid betuix James, archiebischope of Glasgow and the saidis rectour, dene, regentis and maisteris of the said colledge and subscryvit be the said archebischope on the ane pairt and Maister Johnne Hay, persone of Renfrew, and Maister Johnne Hay, youngar, his sone, on the uther pairt, be the quhilk the said archebischope, rectour, dene of facultie and utheris foirsaidis ar bund and oblist to permit the said Maister Johnne Hay, eldar, to bruik and joyse the haill personage and viccarage of Ranfrew during his lyftyme; as lykwayis, quhensoevir the said benefice sall happin to vaik, to present the said Maister Johnne Hay, youngar, thairto during all the dayis of his lyftyme; and incais it salhappin the said Maister Johnne Hay, youngar, to deceis befoir the vaiking of the said benefice, or being on lyff sall not be willing to accept the samyn, to present Maister Andro Hay, his brother, thairto during all the dayes of his lyftyme conforme to the samyn contract off the dait the [...] day of [...], the yeir of God jM vjC twentie ane yeris, and that they appreve and subscryve the samyn; in that cais, this present act sall cease and be extinct and sall haif no force nor effect, bot the said former act annexing the said kirk of Renfrew to the said colledge salbe of full force, strenth and validitie fra the quhilk this present act sall in the cais foirsaid nowayes derogate. Bot iff the saidis rectour, deane of facultie, regentis and maisteris of the said colledge gif not thair consent and approbatioun to the said contract, bot refuis to do the same, then this present act to be of force and the said former act maid in anno 1617 to be extinct, retreitit, rescindit and annullit. And the saidis estaitis declares that the contract abovementionat, being subscryvit and approvin be the saidis rectour, deane of facultie, regentis and maisteris of the said colledge and authorized with thair consent, is and salbe ane valid and sufficient richt to the saidis Maister Johnne Hay, eldar and youngar, and the said Maister Andro Hay and be thir presentis ratifies the samyn siclyk as gif it wer heireftir insert.
[1621/6/133]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of parliament, understanding that thair is ane act and ordinance maid be the lordis of counsall and sessioune concerning the number of the clerkis quha salbe heireftir presentit and admittit to haif place to serve in sessioune as deputis to the clerkis of register in that court, quhairby the number is restrainit to thrie clerkis and declairit that it sall not be lawful to the clerk off register present, nor his successoures in that office in ony tyme to cum, to present any ma clerkis deputis to thame in sessioune over the number of thrie, nor to adjoyne ony fellow to ony of the thrie without the express advyse and consent of that clerk to quhome the uther is intendit to be joyned, and no utherwayis, as the act maid thairupoun mair lairglie proportis. Quhilk act his majestie and estaitis now, eftir mature deliberatioun, considdering the samyn to tend to the guid of his majesties subjectis and credite of that court, decernis and ordanes to be of full force and effect and to haif the strenth and auchtoritie of ane act and statute of parliament and to be observit but alteratioun be the senatouris of the colledge of justice and be the clerk of register present and his successouris in that office according to the tennour of the said act in all tymecumming, quhilk his majestie and estaitis, be the tennour heirof, ratifies, appreves and perpetuallie confermes in all poyntis for now and evir, togidder with the giftis and provisiounes of the thrie offices grauntit to the clerkis presentlie serving in sessioun and to thair fellowes conjunctlie and severallie admittit in the places with thame eftir the forme and tennour of the severall giftis exped to thame and langest levar of the twa persounes provydit thairby, in all poyntis, and quhilkis ar haldin as heirin word be word insert and declairit to be guid, valid and effectuall securities to the persounes provydit and every ane of thame for bruiking of the saidis offices and all the priviledges and dewties thairto belanging during the lyftyme of the langer levar of thame and as is more lairglie exprest in the saidis provisiounes; and ordanes the tennour of the said act to be ingrossit in this present statute as the same is conseavit, that nane pretned ignorance thairof in any tyme to cum, quhairof the tennour followes:
The lordis off counsale, being now myndefull that [at] the ernist desyre of the thrie principall clerkis of sessioun and with thair express consentis they haif laitlie ressavit in ilkane of the thrie offices and places possest be thame ane fellow clerk provydit conjunctlie and severallie with ilk principall clerk quha formerlie servit in the office allone, and leist be this maner of proceiding any inconstructioune sould thairby aryse as gif ilkane of the saidis thrie offices wer dismemberit and that the twa provydit to eache place wer admittit to twa severall and distinct places or the number of the clerkis thairby incressed, quhilk is nawayis intendit, bot be the contrar it is the express will of the saidis lordis, lykeas they heirby find and declare that thair authorizing and provyding of the provisioun gevin to twa persounes admittit in ilkane of the saidis thrie offices tendis allanerlie to establische the richt and securitie of the indivisable place and office in the persoun of twa provydit and the langest levar of these twa, to the effect the ane in absence of the uther may exerce the functioun of the offices and that the surviver may, eftir the utheris deceis, bruik and enjoy the samyn, haill benefite and priviledge thairof as amplie as ony clerk of sessioune hes done of befoir and conforme to the tennour of the giftis grauntit thairupoune in all poyntis, it being alwayis heirby provydit that the number of the offices in all sall not excresce over thrie. Lykas it is declarit that it sall not be permittit to the clerk of register present or his successouris in ony tyme to cum to joyne ony persoun with the clerkis serving in any of the saidis thrie offices, or to provyde twa persounes togidder to ane place, except be the advyse and consent and att the desyre of the principall clerk serving for the tyme in the place and no utherwayis, seing this lait conjunctioune of the foirsaidis twa persounes in ane place, quhilk is now approvin, proceidis and hes tane effect at the ernist mediatioun of the thrie principall clerkis serving in the saidis offices and is procured be thair travellis and warranted with thair express consentis, quhilk utherwayis without thair consentis culd nevir have bene fund valiable nor lawfull. And quhairto the lordis ar the moir movit to condiscend att this tyme, both in regaird of the experience of the long service dewthifullie dischargit be the saidis thrie principall clerkis, quhais gritter age now requyres sum supplie and release in the burdingis of thair calling, and als in respect of the houpes conceaved from bypast pruiff of the still continewing of the samyn sufficiencie in the persounes adjoyned, quhilk hes tofoir bene apparent in thame selffis and in thair ancessoures of guid reputatioun; and thairfore the saidis lordis, having att lenth weill considerit that the pluralitie of clerkis, gif the samyn sall exceid and excresce over the number of thrie, cannot eschaipe bot to prove more chargeabill to the subjectis and to breid confusioun and empaschement to the lordis in examining and decyding of materis moved befoir thame, eftir mature deliberatioun and with the express advyse of Schir George Hay of Kinffanes, clerk of register, quha tending the weill publict (quhilk is the ayme and end of this ordinance) moir nor his awin privat entres, hes willinglie assentit thairto, findis, decernis and declares that they will not admitt nor ressave in any tymecumming any mae principall clerkis to serve in sessioune attour the number of thrie, quhilk number they find and declare to be sufficient for the dispatche of all effairis belonging to that office with least disorder and grittest ease and benefite of his majesties subjectis. And consequentlie, with consent foirsaid, findis and declares that it sall not be permittit to the clerk of register present, nor his successoures to that office heirefter, to present to the saidis lordis be gift or uther graunt any mae depute clerkis to serve in sessioune, counsale or parliament except the number of thrie allanerlie, to witt: ane for ilkane of the thrie offices and na mae. And this abovewrittin ordinance the lordis findis and declares that they will observe in all tyme to cum as ane statute and inviolable decreit, quhilk they ordane to be inactit in thair register and to the quhilk they humelie intreit his majestie to interpone his auchtoritie and approbatioun, and that his majestie micht be pleased to gif warrand for confirmatioun of the samyn in this ensewing parliament, being ane constitutioune tending materiallie to the benefite of his majesties subjectis and for the honour and credite of this court. Att Edinburgh, the thrid day of Julii, the yeir of God jM vjC twentie ane yeiris. Sic subscribitur: Al, cancell[arius], I[n] P[resentia] D[ominorum], Melros, Sanctandros, Lauderdaill, Carnegie, Areskyne, Georg Hay, W. Oliphant, Kylsyth, A. Elphingstoun, Schir Robert Melvill, R. Cokburne, L. Craig, J. Cokburne, S. A. Hamiltoun, Geo[rge] Areskyne, J, Weimes, Schir J Skene, A, Hay, with the declaratioune that giff any clerk depute be promoved to any place in sessione or counsale, that he sall not execute that office any more.