if the same had past the Signet and that aye and while the said Signet bee returned againe to Edinburgh and the same intimate to the Lieges The said George Hadden alwayes keeping and retaining the warrands and making a minute and note thereof And making the same together with the prices payed therefore forth-comming to the Lord Secretarie or others in his name by his warrand And ordaines these presents to be intimate to all his Majesties Lieges by publike Proclamation at the market crosse of Edinburgh to be made hereupon And these presents for the full warrand of the whole premisses to be enacted and recorded in their books of Sederunt Which Act the saids Estates not onely ratifies in manner above specified but also ordaines the said Act to stand in full force and strength to the effect above-written therein specified conforme to the tenour thereof foresaid while the _____ day of _____ 1600. and _____ yeares And strictly inhibits and discharges all keepers of the Signet in any time hereafter for any cause or any pretended occasion whatsoever to transport or carry the Signet or any Seale forth of this Kingdome under the pain of death and confiscation of their moveable goods ACT XXXII ACT DISCHARGING ALL CUSTOME OF Ammunition brought home to the lieges to their owne use for defence of religion and liberties of Kirk and Kingdom THe Estates of Parliament presently conveened by his Majesties speciall authority considering the priviledge and exemption bruiked by the Nobility and Barrons of this Kingdome whereby they have beene exeemed from payment of all custome for goods imported to this Kingdome for their owne use And there-with-all Taking to their consideration that the said exemption ought more especially be enjoyed for the armes brought home at this time to the Nobility Barrons and Gentry of this Kingdome and all others his Majesties lieges whatsoever for their owne use for defence of Religion Liberties of this Kirke and Kingdome in thir times of troubles since the yeare of God 1637. Therefore statutes and ordaines that all sort of Ammunition whatsoever brought into this Kingdome since the year of God 1637. or to be brought in hereafter during the time of thir troubles shall be free of all customes and imposition whatsoever And inhibites and discharges all Customers or whatsoever receivers thereof of exacting any custome or imposition for any kinde of armes or ammunition already imported or to be imported during the time foresaid And of all arresting or detaining the saids armes and ammunition or any goods belonging to the Merchants importers thereof for any custome acclaimed for the same which the Estates finds no wayes due nor reasonable to be granted in the case foresaid ACT XXXIII ACT FOR THE COMMITTEES OF ESTATES THe three Estates of Parliament presently conveened having taken to their consideration the present estate of this Countrey and Kingdome being invironed and threatned with armes by sea and land and great hostile preparations hatcht and prepared against the same without any just ground or quarrell whereby as manifestly doth appeare there is nothing lesse intended against this Church and Kingdome nor an utter exterminion and totall destruction So that the saids Estates are necessitate and forced to put themselves in readinesse for a just and lawfull defence of the Religion Laws Lifes Liberties and Countrey and withall considering how necessar it is for the good of the publick weal of the Countrey and maintenance of the armies lifted and to be up-lifted and out-reiked both by sea and land and for ordering directing and governing of the whole body of this Countrey and Kingdome That a setled grave and solide Committee from the Estates be elected nominate constitute and authorized by this present Parliament which Committee from the Estates shall consist of a competent number of the most able qualified and trustie Noblemen Barons and Burgesses of this Kingdome Therefore the foresaids Estates of Parliament now conveened doe hereby nominate elect choose and appoint the persons after specified viz. John Earle of Rothes James Earle of Montros John Earle of Cassils John Earle of Wigtoun Charles Earle of Dumfermling William Earle of Lothian John Lord Lindesay John Lord Balmerino James Lord Couper Robert Lord Burghly Archbald Lord Napeir John Lord Lower Sir Alexander Gibson of Dury Sir John Hope of Craighall Sir John Scot of Scotstarvet Senators of the Colledge of Justice Sir Thomas Nicolsone of Carnok Sir Patrik Hepburne of Wauchton Sir David Hume of Wedderburne Sir George Stirling of Kier Sir Patrik Murray of Elibank Sir Patrik Hamiltoun of Littlepreston Sir William Cunningham of Caprintoun Sir William Douglas of Cavers James Chalmers of Gadgirth Sir Thomas Hope of Carse _____ Drummond of Riccartoun _____ Lesly of Forbes Master George Dundasse of Maner John Smyth Edward Edgar Thomas Paterson Richard Maxwell Merchants Burgesses of Edinburgh William Hamiltoun Burges of Lithgow Master Alexander Wedderburne Clerk of Dundie George Porterfield Baliffe of Glasgow Hew Kennidie Baliffe of Aire John Rutherfurd Provest of Jedburgh Master Alexander Jaffray Burges of Aberdeene or Master William Ore in his absence James Sword Burges of S. Androes and James Scot Burges of Montros to bee Commissioners from the Estate To whom the Estates and Body of this Present Parliament gives and commits full power warrant and commission to doe order direct act and put in execution every thing necessar expedient and incumbent alswell for the preservation and maintenance of the armies both of horse and foot by sea and land as for ordering the Countrey and whole body and inhabitants thereof deciding of questions and debates which shall happen to arise or fall out in any businesse which shall occasion or offer in this Kingdome concerning the peace and quiet thereof But prejudice of the Colledge of Justice or any other ordinarie judicatorie within this Kingdome lawfully established by Act of Parliament which shall no wayes be prejudged by this commission And with full power to them to borrow up-take and levy moneyes for the use the publick and to give and prescribe orders and directions for depursing thereof and for any other thing requisite which may concerne the good quiet and peace of the Countrey And with power to them to call and conveene such Noblemen Barons Burgesses and other countrey men to repaire to them for their counsell and assistance in any businesse which shall occurre as they shall finde necessar and expedient And with power to them to give orders and directions to collectors commissioners and all other persons who shall happen to be employed or have charge or place either in the army or in the Countrey in the publick busines in every thing which concernes their place and charge and to call them to an accompt al 's oft as they please and to appoint Auditours for hearing and receiving thereof whether of their owne number or any other they please to nominate and with power to them to allow and disallow as they shall find equitable and expedient for what
Treasurer depute and Sir John Hamiltoun of Orbestoun to the place and office of Justice Clerk and that ad vitam vel culpam conforme to the Act of this present Parliament made anent the election of Officers of Estate Counsellours and Sessioners upon the sixteenth day of September last by-past Like as his Majesty with advice and approbation foresaid gives and dispones to the forenamed persons and ilk one of them ad vitam vel culpam as said is the foresaids Offices respective above mentioned whereunto they are nominate and elected in manner foresaid Together with all honours dignities profits benefits liberties and priviledges which have beene possest and bruiked by any preceding Officers of Estate of the foresaids offices above written and which may be now bruiked by the Lawes of this Kingdome And ordaines a gift to be past and exped under his Highnesse great Seale to ilk one of the persons above named of the foresaid offices respective above written whereunto they are nominate and elected in manner before rehearsed ACT XXI ACT ANENT THE NOMINATION AND Election of Sir Alexander Gibson to be Clerk Register 13. November 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament nominated and elected Mr. Alexander Gibson younger of Durie to the place and office of Clerk of Register of this his Highnesse ancient and native Kingdome of Scotland and that ad vitam vel culpam conform to the Act of this present Parliament made anent the election of Officers of Estate Counsellers and Sessioners upon the sixteenth day of September last by-past Like as his Majestie with advice and approbation foresaid gives and dispones to the said Mr. Alexander Gibson younger of Durie ad vitam vel culpam as said is the foresaid office of Clerk of Register with all honours dignities priviledges profits casualities and liberties pertaining to the said office conforme to the foresaid Act and to the gift to be granted to him of the samine office under his Highnesse great Seal to be bruiked and possest by him as the samine hath been possest and bruiked by any preceding Clerk of Register and which may be now bruiked by the Laws of this Kingdome And ordains a gift to be past and exped under his Highnesse great Seal to the said Mr. Alexander Gibson of the foresaid office of Clerk of Register with all honours dignities profits casualities liberties and priviledges belonging thereto ACT XXII ACT ANENT THE NOMINATION AND Election of the Councellors 13. Novem. 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament conveened in playne Parliament nominated and elected the Persons under-written viz. Lord Lowdoun Chancellour Duke of Lennox Marques of Hammiltoun Earle of Argyle Earle Marshall Earle of Sutherland Earle of Mar Earle of Mortoun Earle of Eglintoun Earle of Cassils Earle of Glencairne Earle of Murray Earle of Perth Earle of Dumfermling Earle of Wigtoun Earle of Kinghorne Earle of Roxburgh Earle of Seaforth Earle of Lauderdale Earle of Lothian Earle of Kynnowll Earle of Southesk Earle of Weymes Earle of Dalhoussie Earle of Findlater Earle of Lanerk Earle of Levin Lord Angus Lord Lindesay Lord Yester Lord Sinclare Lord Elphingstoun Lord Balmerino Lord Burghlie Lord Amont Lord Balcarras the Clerk of Register Advocate Justice Clerk Thesaurer depute Master of requests Sir Robert Gordoun Sir William Douglas of Cavers Sir Patrik Hepburne of Wauchetoun Laird of Dundas Laird of Fintrie Laird of Cambo Laird of Dun Laird of Innes Laird of Morphie and the Provest of Edinburgh for the time being To be of the Councell ad vitam aut culpam conform to the Act made in this present Parliament upon the 16. day of September last by-past anent the nomination and election of the Officers of Estate Counsellors and Sessioners and conform to the Commission to be granted by the Kings Majestie with the advice and approbation of the Estates of Parliament to the saids Lords and others of his Majesties secret Councell above named for government of this Kingdome in all affairs concerning the peace good and happinesse thereof which by the Lawes and Custome of this Kingdome pertaine to his Majesties secret Councell Like as his Majestie with advice and approbation foresaid likewise nominated and elected the Earle of Arrundel the Earle of Pembroke the Earle of Salisbury and the Earle of Holland to be supernumerarie Counsellors of his Majesties Privie Councell of this Kingdome and to be contained in the foresaid commission to be granted to the Councell as supernumerarie there-intill And his Majestie with advice and approbation foresaid gives and grantes to the saids Counsellors above named and every one of them all honours dignities liberties immunities and priviledges whatsoever belonging to the Lords and others of his Highnesse Privie Councell of this his ancient and native Kingdome To be bruiked and possest by them siclike and with all respects as the samine have beene bruiked by any preceding Counsellers of his Majesties Privie Councell foresaid and which may be now bruiked and enjoyed by them by the Laws of this Kingdome conforme to the foresaid Act of the sixteenth day of September last by-past and to the commission to be granted to the saids Lords and others of his Majesties Privie Councell as said is ACT XXIII ACT ANENT THE NOMINATION AND Election of the Lords of Session ordinary and extraordinary 13 November 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament conveened in plaine Parliament nominated and elected Sir George Erskene of Innerteil Sir Alexander Gibson of Durie Sir Andro Fletcher of Innerpeffer Sir John Hamiltoun of Orbestoun Justice Clerk Sir James Carmichaell of that ilk The saurer depute Sir James Leirmonth of Balcomie Sir James Macgill of Crastoun Riddell Sir George Halyburtoun of Fodderance Sir John Hope of Craighall Sir John Scot of Scottistatbet Sir Alexander Falconer younger of Hackertoun Sir John Leslie of Newtoun and Sir Thomas Hope of Kerse Knights Mr. Archibald Johnstoun of Warristoun and Mr. Adam Hepburne of Humbie To be the fifteen ordinair Lords of Session and Senators of the Colledge of Justice and that ad vitam vel culpam and Judges for administration of Justice to the lieges conform to the foundation and erection of that Soveraigne Judicatorie of the Colledge of Justice Like as his Majestie with advice and approbation of the saids Estates of Parliament gave and disponed and hereby gives and dispones to the saids fifteen ordinair Lords of Session above named and to ilk one of them ad vitam vel culpam as said is the fifteen ordinarie places of the said ordinair Lords and Senators of the Colledge of Justice with all fees honours dignities profits casualities immunities liberties and priviledges whatsoever pertaining and belonging to the ordinair Lords and Senators of the Colledge of Justice and their places thereof to be bruiked and possest by the persons above named now nominate and lected thereto as said
is And ilk one of them siclike and with all respects and priviledges fees casualities immunities liberties and profits whatsoever as the samine hath beene possest and bruiked by any preceding Lords and Senators of the said Colledge of justice and which the saids Lords and Senators foresaids may now bruike and enjoy by the Lawes of this Kingdome and that ad vitam vel culpam conforme to the Act of this present Parliament made hereanent upon the sixteenth day of September last by-past Like as his Majestie with advice and approbation foresaid likewise nominated and elected Archibald Earle of Argyle Archibald Lord Angus John Lord Lindsay and John Lord Balmerino to be the foure extraordinair Lords of Session and Senators of the said Colledge of justice conforme to the foresaid Act made anent the nomination and election of the Officers of Estate Counsellours and Sessioners of the date the 16. day of September last by-past And His Majesty with advice and approbation of the saids Estates gave and disponed and hereby gives and dispones to the saids foure extraordinair Lords of Session above named and to ilk one of them the foure extraordinair places of the saids extraordinair Lords and Senators of the Colledge of justice with all honours dignities immunities liberties and priviledges whatsoever belonging to the extraordinair Lords of Session and their places thereof to be bruiked and possest by the foresaids foure Lords above named now nominated and elected thereto siclike and with all respects as the famine have beene possest and bruiked by any preceding extraordinair Lords of the Session and which may be now bruiked and enjoyed by them by the Lawes of this Kingdome ACT XXIV COMMISSION FOR REGULATING The common burthens of the Kingdome 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that during the time of the late troubles of this Kingdom there were many great summes and burdens contracted undertaken and advanced for the outreiking and maintenance of the Armies and for other publike affaires As likewise considering that the courts of the common burdens of the Kingdome and the accounts of the tenth penny and of the other debts resting due and payable to the publike Together with the accounts and intromissions of all Commissioners Collectors others persons who have had any charge or intromission with any thing pertaining to the publike aswell in the Countrey as at the Army and other parts abroad are not yet fully closed cleared counted for payed nor reduced in order And seeing it is absolutely necessary that all the debts contracted and advanced for the publike use either within the Kingdome or without the famine be known satisfied payed and relieved As also that every thing resting to the publike be counted for payed and brought in for reliefe of the common burthens and that the whole counts of the Armies and other counts within and without the Kingdome together with the accounts of the monthly maintenance of the Army and Brotherly assistance granted by the Parliament of England for reliefe of the common burthens of this Kingdome at least so much thereof as is already payed be all cleared fitted and closed and that the rest and superplus of the said brotherly assistance yet resting may be craved uplifted and received for the publike use And it being likewise necessary that all and every person who have had any trust and intromission with any thing pertaining to the publike either within the Country or at the Armie or any other place be called to an account for their intromission and that the Generall Officers and others who have served in the publike be satisfied and recompensed for their service according to their demerits As also that the losses sustained by the particular persons whose ships and goods were taken at Sea either in England or Ireland be taken to consideration To the effect that the whole burthens and debts resting by the publike being knowne and all that is due to the publike being counted for payed and brought in for relief of the common burthens the estate and condition of the publike affairs may be the better known and according lie such course taken thereanent as may best conduce for the good and weale of the country And seeing the clearing and setling of the premisses will necessarily draw to such a length of time as his Majesty and the Estates of Parliament cannot in this present Parliament receive call for nor examine the saids accounts and common burthens of the Kingdome and settle and order every thing concerning the same In respect whereof Our said Soveraign Lord and Estates of Parliament have found it necessary and expedient that a select number of the severall Estates of the Kingdom be nominated authorised and appointed for clearing and setling of the whole premisses and for directing setling and ordering of every thing which may concerne the same Or which may offer and come in consideration thereanent Therefore His Majestie and Estates of Parliament presently conveened do by vertue of thir presents elect nominate choose authorise and appoint the persons after specified viz. John Earle of Lowdoun High Chancellour of Scotland Archbald Marques of Argyle Alexander Earle of Eglintoun John Earle of Cassils William Earle of Glencairne John Earle of Lauderdaill William Earle of Lothian John Earle of Lindesay David Earle of Southesk Iames Earle of Findlater Iohn Lord Sinclair Iohn Lord Balmerino Robert Lord Burghlie George Lord Forrester Sir Charles Erskene of Bandeth Sir David Hoome of Wedderburne Sir Robert Innes of that ilk Sir George Dundas of that ilk Sir William Cunyngham of Capringtoun Sir Iohn Wauchope of Nidrie Sir Alexander Erskene of Dun Sir Gilbert Ramsey of Balymayne Sir Duncane Campbell of Auchinbrek Sir William Forbes of Craigievare Sir Robert Greirsone of Lag Master George Douglas of Bonjedburt William Rig of Ethernie Alexander Gordoun of Earlstoun Iohn Binnie Burges of Edinburgh Thomas Durham Burges of Pearth Patrik Leslie Burges of Aberdene George Bell Burges of Linlithgow Patrik Bell Burges of Glasgow Iames Sword Burges of Saint Andrewes Iohn Kennedye Burges of Air Iohn Sempell Burges of Dumbartane William Glendoning Burges of Kirkcudbright Iames Scot Burges of Montrose Master Robert Barclay Burges of Irving Iames Anderson Burges of Couper George Gardine Burges of Bruntiland and Master Alexander Dowglas Burges of Bamff Together with Alexander Earle of Levin and Sir Adam Hepburne of Humbie one of the Senatours of the Colledge of Justice whom His Majestie and Estates of Parliament adde to the foresaid number as ordinair members with the rest to be Commissioners from his Majesty and the Parliament to the effect above and after specified Of the which persons any twelve of them shall be a Quorum there being alwaies three of them of ilk Estate To whom our said Soveraign Lord and Estates and whole body of the present Parliament Gives grants and commits full power warrant and commission to meet and conveen within the burgh of Edinburgh or such other places as
uprightly faithfully diligently and carefully in the discharge of the said Commission answerable to the trust imposed upon them And therefore his Majesty with advice and consent of the saids Estates hath approven and by thir presents approves their proceedings and carriage therein And declares them and every one of them to have done good service to his Majesty and this Kingdome and that they have behaved themselves as good Christians loyall Subjects and well deserving Patriots ACT XXVI ACT FOR RELIEFE OF THOSE WHO Have given band for the use of the publike 15. November 1641. OUR Soveraigne Lord and Estates of Parliament Considering that the members of the late Committees from the saids Estates of Parliament to whom the furnishing of the Armes and all other necessary expences concerning the publike was intrusted conforme to the power and commission given to them as likewise others who were not of the Committee and also the generall Commissar or his deputes Having borrowed and undertaken great summes of money for the necessair use and behoof of the publike for the which summes and debts contracted by the saids Committees They have given security to the parties partly by publike acts in name of the Estates And where many persons were difficile and scrupulous to advance and lend moneys and other necessairs upon the publike security These of the saids Committees and others foresaids have given their owne particular bands and have moved divers others persons to give band and security to the lenders of the saids summes bearing borrowed money without any relation to the publike Likeas divers Noblemen Barons and Burrowes and others before the establishing of the saids Committees of Estates did willingly for advancement of the publike service give their particular bands for great summes of money for the publike use and which were given in to the Commissars and Collectors and counted for by them in their accounts whereby the forenamed persons who have granted such bands may be distressed for payment of the saids summes at the instance of the persons to whom they are bound So as for their furtherance and affection to the advancement of the publike service their Estates and Credit may both be indangered unlesse remeed be provided And his Majesty Estates foresaid being careful that neither the members of the saids Committees nor any others persons may suffer prejudice in their estates or credit by or through any bands granted by them to any persons for lent money silver plate or any other necessary commodity furnished and advanced for the publike use But that they and every one of them their heires and executors be freed and relieved by the saids Estates of the famine and of all dammage perill and danger which they may incurre and sustaine there through It being made appear that the summes of money or other commodities for the which they have given band as said is are counted for or applyed for the use of the publike and approven by publike act order and warrand Therefore Our said Soveraign Lord and Estates of Parliament by vertue of this present Act do hereby bind and oblige the Estates of this Kingdom to warrand and relieve the saids members of the said Committees of Estate and all others persons whatsoever who have given band and security for any summes of money or other commodities for the use of the publike and whereof count and reckoning is or shall be made and approven whereby it may appear that the famine are imployed for the use of the publike by publike warrand as said is And for their better relief of the same The saids Estates of Parliament binds and obliges them and the whole body of this Kingdom to make paiment to the persons creditors to whom the said bands and securities are given of the same summes and others commodities or prices thereof and that at the termes of payment appointed by the saids bands with the interest thereof conforme thereto in all points And to purchase and deliver to ilk person so bound as said is their saids bands given by them or sufficient discharges of the famine with all convenient diligence and in the mean time to keep them harmlesse and skaithlesse of the famine bands and of all execution perill and danger which may follow thereupon So being that the summes and goods contained in the saids bands have been applyed to the publike use by publike order and warrant as said is and are or shall be counted for approven in the accounts of the common burdens of this Kingdom Which bands so contracted and undertaken are hereby declared to be publike debts upon the Estates and shall affect and burden them notwithstanding that the famine be given by particular persons without relation to the publike in manner foresaid ACT XXVII COMMISSION FOR RECEIVING OF THE Brotherly assistance from the Parliament of England 15. November 1641. OUR Soveraigne Lord and the Estates of this present Parliament Considering that of the brotherly assistance promised and obliged to be payed by the Parliament and Kingdome of England to this Kingdome of Scotland for relief and defrayment of the common burdens and losses of the famine There is yet resting the summe of two hundreth and twentie thousand pounds sterling money conforme to the articles of the late treatie and an act of publick faith granted by the Parliament of England for payment thereof at the termes therein contained Therefore our saids Soveraigne Lord and Estates of Parliament Doe hereby grant full power warrand and commission and appoints nominants and authorizes the persons particularly after nominated viz. John Earle of Lowdoun Chancellour of Scotland Archbald Marques of Argyle Alexander Earle of Eglintoun John Earle of Cassils William Earle of Glencairne John Earle of Lauderdail William Earle of Lothian John Earle of Lindesay David Earle of Southesk James Earle of Findlater John Lord Sinclair John Lord Balmerino Robert Lord Burghlie George Lord Forrester Sir Charles Erskene of Bandeth Sir David Home of Wedderburne Sir Robert Innes of that ilk Sir George Dundas of that ilk Sir William Cunyngham of Capringtoun Sir John Wauchope of Nidrie Sir Alexander Erskene of Dun Sir Gilbert Ramsay of Balymayne Sir Duncane Campbell of Auchinbrek Sir William Forbes of Craigievare Sir Robert Griersone of Lag Mr. George Douglas of Bonjedburgh William Rig of Ethernie Alexander Gordoun of Earlstoun John Binnie Burgesse of Edinburgh Thomas Durham Burgesse of Pearth Patrik Leslie Burgesse of Aberdene George Bell Burgesse of Linlithgow Patrik Bell Burgesse of Glasgow James Sword Burgesse of Saint Andrewes John Kennedye Burgesse of Air John Semple Burgesse of Dumbartane William Glendoning Burgesse of Kirkcudbright James Scot Burgesse of Montrose Mr. Robert Barclay Burgesse of Irving James Anderson Burgesse of Couper George Gardine Burgesse of Bruntiland and Mr. Alexander Dowglas Burgesse of Bamff Together with Alexander Earle of Levin and Sir Adam Hepburne of Humbie one of the Senators of the Colledge of Justice whom his Majesty and Estates of Parliament addes to the foresaid
power commission to the persons after following viz. Iohn Lord Lowdoun Chancellour Archbald Earle of Argyle Alexander Earle of Eglintoun Iohn Earl of Cassils William Earle of Glencairn Iohn Earle of Lauderdail William Earle of Lothian David Earle of Southesk Iames Earle of Findlater Iohn Lord Lindesay Iohn Lord Sinclair John Lord Balmerino Robert Lord Burghly George Lord Forrester Sir George Dundas of that ilk Sir Iohn Wauchope of Nidrie Sir David Home of Wedderburn Sir William Forbes of Craigievare Sir Gilbert Ramsay of Balymayn Sir William Cunyngham of Caprintoun William Rig of Ethernie Sir Duncan Campbel of Auchinbrek Sir Alexander Erskene of Dun Sir Charles Erskene of Bandeth Sir Robert Innes of that ilk Alexander Gordoun of Earlstoun Sir Robert Griersone of Lag Master George Douglas of Bonjedburgh Iohn Binnie for Edinburgh Thomas Durham for Pearth Patrik Leslie for Aberdene George Bell for Linlithgow James Sword for Saint Andrews Patrik Bell for Glasgow John Kennedy for Air John Semple for Dumbartan William Glandoning for Kirkcudbright Iames Scot for Montrose Master Robert Barclay for Irving Iames Anderson for Couper George Gardine for Bruntiland Master Alexander Douglas for Bamff Robert Earle of Roxburgh Lord Privie-Seal Sir Alexander Gibson younger of Durie clerk Register Sir Thomas Hope of Craighall Advocate Sir James Carmichael Thesaurer Depute Sir John Hamiltoun Justice clerk Sir Andrew Fletcher of Innerpeffer Sir Thomas Hope of Kers and Sir Adam Hepburn of Humbie three of the Senatours of the Colledge of Justice To meet and conveene at Halyrude-house or Edinburgh or such other places as shall be appointed by them at such times and dyets as they shall appoint And to value and cause value whatsoever teinds great or small Personage or Viccarage of whatsoever Lands and others within this Kingdome liable to the payment of teinds of whatsoever nature and quality the famine be of which are yet unvalued Providing the Ministers serving the cure who doe lead tithes be secured of good and thankfull payment of so much victuall or money answerable to the worth of the saids tithes as the tithes shall be valued to And al 's to receive the reports from the Sub-commissioners appointed within ilk Presbyterie of the valuations of whatsoever teinds of lands and others lyable to teind as said is led and deduced before them according to the tenor of the Sub-commissions direct to that effect And to allow or disallow the famine according as the same shall bee found agreeable or disagreeable from the tenor of their Sub-commissions And for the better expeding and advancing of the saids valuations with power to appoynt Committees or Sub-committees of their owne number to receive the reports of the saids valuations made or to bee made and to receive admit and examine witnesses And to take parties oath with their depositions where the same is referred to oath and to give such farther power to the saids Committees or Sub-committees of their owne number as they shall think fit for the good of the work and speedy finishing of the same And siclike with power to them if need bee to appoynt Sub-commissioners who are not of their owne number within any Parochine or Presbyterie of the Countrey for leading and deducing of the saids valuations and to receive the reports thereof allow or disallow of the samine And generally with power to them to set downe whatsoever other order or course which shall be thought fit and expedient for dispatch of the faids valuations rectifiying thereof and for finall closing of the same And siclike with power to the saids Commissioners or any fifteene of them there being foure thereof for every Estate after closing and allowance of the valuations of ilke Kirke and Parish or at least the exact diligence of the Ministers done to that effect to appoynt modifie and set downe a constant and locall stipend and maintenance to ilke Minister his present stipend being allowed in the first end thereof to bee payed out of the teinds thereof And to grant augmentations to ilke Ministers of other Kirks nor Bishops Kirkes who got not the benefit of the former Commission and have not the full quantity of eight chalders victuall or eight hundred markes according to the tenor of the Acts of Parliament made in anno 1633. wherein that is found to bee the lowest proportion for the maintenance of the Ministers except such particular Kirkes occurre wherein there shall bee just reasonable and expedient causes to goe beneath the said quantity which is hereby also referred to the conscionable consideration of the Commissioners before exprest And to grant augmentations to Ministers of Kirkes which were provided by the former Commission but to a lesse quantity nor eight chalders victuall or eight hundred markes in the cases after following allanerly viz. where the teinds in whole or in part are fewed with the lands cum decimis inclusis whereby the Ministers were debarred of the full quantity foresaid or where the valuations already led the time of the provision of these Kirkes shall happen to bee reduced as unjustly valued or where it can be proved by writ or oath of party that the lesse quantity foresaid proceeded from pactions betwixt the Titular and the Ministers or Titular and Parochiners in prejudice of the Ministers Successors or where the honest Incumbents for the time were impeded by the Prelates for their never practising conformity to obtaine the full quantity in the former Commission albeit there was sufficiency of teinds within the Paroch In the which cases or any of them it is hereby declared that the Ministers provided by the former Commission shall bee supplied to the full quantity foresaid Like as hereby it is declared that all Bishops Kirkes whether or not provided at all or provided by the former Commission but beneath the quantity foresaid shall bee supplied to the full quantity of eight chalders victuall or eight hundred marks out of the tithes of their owne Parish and where the same cannot bee had then out of the teinds of the other Kirkes of that Bishoprick And that all Kirks that had greater quantity of stipend before the restitution of Bishops nor they now have except they have beene diminished by just valuations shall bee supplied and brought to the same quantity whereof they were in possession before the said restitution to bee payed out of their owne Paroch and where it is in-lacking to bee payed out of the tithes of the Bishops Kirkes For the which effect the Kings Majesty and Estates of Parliament grants power to the Commissioners foresaid or any Quorum of them and al 's gives power to the saids Commissioners to dis-joyne too large and spacious Kirks and plant them severally and to cause build and erect new Kirks and appoynt competent provisions for the Ministers to change Kirks incommodiously situate to a more commodious part of the Paroche to dis-joyne and dismember such parts and portions of parochins lying contigue and whereof ane part is farre
to bee made with forraign Princes and Estates and concerning mutuall Supply in case of forraign Invasion and also concerning mutuall Trade and Commerce betwixt the Kingdome of Scotland England and Ireland and anent the pressing of Ships and men by sea or land and al 's anent Naturalization and mutuall Capacity of the Subjects of both Kingdomes who either of them respective of all Dignities Liberties Priviledges and other Benefits Ecclesiasticall or civill and others of that nature and concerning the lawfullnesse and solemnity of the extracts of Bands or Decreets in either of the saids Kingdomes And al 's concerning the manner of safe conduct for transporting from England to Scotland by sea or land in such a way as may be most secure and least chargeable to the estate of Scotland of the moneys given and promitted by way of brotherly supply and assistance to the Estate and Kingdome of Scotland by the Parliament of England And concerning what assistance Scotland shall give to England for suppressing of the Rebellion in Ireland or to the Prince Elector conforme to the instructions given or to bee given to them for that effect by the Lords of secret Councell to whom his Maiesty and Estates of Parliament remits the same And what the saids Commissioners their treaties with the saids Commissioners of England and Ireland resolves and concludes upon that they may make timous and due report thereof to his Majesty and the Estates of this Kingdome ACT XXXII COMMISSION FOR CONSERVING OF The Articles of Treaty 16. November 1641. OUR Soveraign Lord Considering That by the late Articles of Treaty concluded betwixt the Commissioners of His Majesties Kingdome of Scotland and England Ratified by Parliaments of both Kingdoms It is thought fit and necessary for observing the saids Articles of Treaty made for establishing a firme and constant peace That Power and Commission be granted by his Majesty by advice of the Estates of Parliament of both Kingdoms to the effect contained in the said Articles of Treaty for performance wherof upon the part of His Majesties said Kingdom of Scotland His Majestie with consent of the Estates of the said Kingdome by thir presents Gives and grants power and Commission to the persons after-specified viz. John Lord Lowdoun Chancellour James Duke of Lennox James Marquesse of Hammiltoun Archbald Earle of Argyle William Earle of Mortoun Alexander Earle of Eglintoun William Earle of Glencairne Charles Earle of Dumfermling Robert Earl of Roxburgh William Earle of Lothian John Earle of Lauderdaill George Earle of Kynnowll William Earle of Lanerk Alexander Earle of Levin John Lord Lindesay John Lord Balmerino James Lord Almond Sir Patrik Hepburne of Wauchtoun Sir George Dundas of that ilk Sir Thomas Myretoun of Cambo Sir Patrik Hammiltoun Sir Thomas Hope of Kerse Sir Robert Innes of that ilk Sir Archbald Johnstoun Sir Alexander Erskene of Dun Sir David Home of Wedderburne Sir Robert Griersone of Lag Sir William Scot of Harden Sir Iohn Charters of Amisfeild _____ Ruthven of Frieland _____ Campbell of Cessnok Sir David Grahame of Morphie Sir Hary Montgomrie of Giffen Sir William Forbes of Craigievare Sir William Douglas of Cavers Edward Edgar Patrik Bell William Glendoning Iohn Smith Master Robert Barclay Thomas Durham Iames Fletcher Patrik Leslie Thomas Bruce George Bell Iames Sword Iohn Rutherford Master Iohn Corser Hugh Kennedye Iohn Semple Master Robert Cunyngham Master Alexander Douglas Richard Maxwell or any twelve of them With power to them or any twelve of them as said is there being at least two of every Estate at any time or times in the Interim betwixt the sitting of the Parliaments To conveene amongst themselves or with the Commissioners chosen or to be chosen to the same effect by His Majesty with consent of the Parliament of England within which is included the Kingdome of Ireland at whatsoever places and times convenient to be accorded unto amongst themselves And to be carefull that the peace now happily concluded may be continued And to endeavour by all lawfull meanes for preserving and keeping of the saids Articles of peace concluded in the foresaid Treaty allanerly And therewith to use all their care to preveen all trouble and division which may arise by the breaking and violating of any of the saids Articles concluded in the said Treaty as said is And if any debate or difference shall happen to arise to the disturbance of the said common peace That they labour to remove or compose the famine according to their power granted to them in manner foresaid and no other wayes It being alwaies provided That for all their proceedings in this kinde they shall be answerable for the lawfulnesse thereof to the Kings Majesty and the Parliament respective and if any thing fall forth beyond their power and which cannot be remedied by them that they informe themselves of the particulars thereof and represent the same to his Majesty and to the ensuing Parliaments respective That by his Majesties wisedome and authority and theirs all occasions and causes of troubles being removed the peace of the Kingdome may be perpetuall to all posterity And it is declared that the power of this Commission shal be restrained to the Articles of peace concluded in the said Treaty as said is and shall endure for the interim betwixt Parliaments allanerly and shall expire at the next ensuing Parliament at the which the said Commissioners shall be holden to give an account of their diligence and proceeding in the premisses ACT XXXIII ACT ANENT THE FIVE INCENDIARIES And the Plotters And the Kings declaration there-anent 16 November 1641. THe Estates of Parliament considering that whereas albeit John Earle of Traquhair Sir Robert Spottiswood of Donipace knight Sir John Hay of Baro knight late Clerk register Doctor Walter Balcanquell and Mr. John Maxwell somtime pretended Bishop of Rosse are cited before them and accused as guilty of divers haynous and treasonable crimes perpetrated and committed by them against the Common wealth contained in their severall ditties which they have just reason to prosecute Neverthelesse the saids estates of Parliament taking into their consideration his Majesties gracious goodnesse towards this his native kingdome and his fatherly care and wisedome in composing of all past differences and providing for the future to the great joy and happinesse of all his Subjects doe in retribution thereof with an unanimous consent to testifie their high respect and thankfulnesse to his Majesty and that his Majesty may joyfully returne a contented prince from a contented people to the setling of his royall affaires in his other dominions beleeving that the famine will be acceptable to his Majesty and conduceable to the good and peace of the kingdom Declare that for acquitting themselves of their oath they will onely proceed to the exact triall of the saids parties by a committee to be appointed and authorized by the king and Parliament in respect of the present necessity of their other affaires And after tryall shall be taken of the saids
persons and of the crimes whereof they are accused the Parliament declares that they will not proceed to a finall sentence nor insist upon the punishment of those persons but that they doe for the reasons foresaids freely remit them to his Majesty The Estates of Parliament considering that whereas albeit James Earle of Montrose Archbald Lord Naper Sir George Stirling of keir knight Sir Archbald Stewart of Black hall _____ are cited before them and accused as guilty of diverse crimes misdemeanours committed by them to the just offence of the Estates of Parliament and derogatorie to the great trust confidence had of them And albeit the Parliament have just reason to prosecute their processes yet neverthelesse the saids Estates of Parliament taking into their consideration his Majesties gracious goodnesse towards this his native Kingdom and fatherly care and wisedome in composing all past differences and providing for the future to the great joy and happines of all his subjects Do in retribution thereof with an unanimous consent to testifie their high respect and thankfulnesse to his Majesty and that his Majesty may joyfully returne a contented prince from a contented people to the setling of his royall affaires in his other dominions beleeving that the famine will be acceptable to his Majesty and conduceable to the good and peace of the kingdome Declare that for acquitting themselves of their oath they will onely proceed to the exact tryall of the saids parties by a committee to be appointed and authorized by the King and Parliament in respect of the present necessity of their other affaires and after triall shall be taken of the saids persons and of the crimes whereof they are accused The Parliament declares that they will not proceed to a finall sentence nor insist upon the punishment of the saids persons but that they doe for the reasons foresaids freely remit them to his Majesty At Edinburgh the sixteenth day of November the yeare of God 1641 yeares the Parliament having expressed their respect and thankfulnesse to his Majesty by remitting unto him these that are cited as Incendiaries and others according to their above written declaration he was graciously pleased the better to testifie his Princely care and to prevent any feares that may be conceived from the medling of those persons in the affaires of State or Court to make this Declaration following I Taking in good part the respect and thankfulnesse of this Parliament in remitting to me these who are cited as Incendiaries and others according to their Declarations Doe declare that I will not imploy any of these persons in offices or places of Court or State without consent of Parliament nor grant them accesse to my person whereby they may interrupt or disturb the firme peace which is now so happily concluded ACT XXXIV ACT AND COMMISSION FOR TRYING The Incendiaries and Plotters 16. November 1641. OUR Soveraigne Lord and Estates of Parliament having taken to consideration That in the Session of Parliament conveened by his Majesties authoritie upon the eleventh day of June 1640. yeares full power and warrant was given and granted to the Preses and Quorum of the Committee of Estates therein appointed for directing in the Kings Majesties name and in name of the Estates of Parliament summonds and precepts to the Lyon King at Armes and his brethren Heraulds Pursevants and Maissars to warn and charge the persons under written viz. John Earl of Traquaire Sir Robert Spottiswood of Donipace knight Sir John Hay of Lands late Clerk Register Doctor Walter Balcanquell and Master John Maxwell sometime pretended Bishop of Rosse to compeir personally before the Parliament at certaine dayes and diets by-gone And that conforme to the said warrant of Parliament summonds were raised and intended at the instance of Sir Thomas Hope of Craighall Knight baronet his Majesties Advocate and at the instance of Sir Thomas Nicolson of Carnock Knight Baronet Masters Roger Mowat Alexander Peirson James Baird and Thomas Nicolson Procutors of the Estate to compeire before the Kings Majesty and Estates of Parliament at certaine dayes and diets now by-gone to answer for the crimes of Treason and other crimes contained in the said summonds and precepts of the date the _____ day of _____ yeares And al 's our Soveraigne Lord and Estates of Parliament considering that summonds and actions are depending before our said Soveraigne Lord and the Estates of this present Parliament against Iames Earle of Montrose Archbald Lord Naper Sir George Stirling of Keir Knight Sir Archbald Stuart of Blakhall _____ as having been plotters devisers and machinators of courses against the publick weale and as having been the committers of other severall crimes and forefaults particularly specified and contained in the said summonds raised and depending against the saids Earle of Montrose Lord Naper Lairds of Keir and Blakhall _____ Before the Kings Majestie and Estates of this present Parliament of the date the _____ day of _____ 1641. years as the famine at more length beares Therefore our Soveraigne Lord and the Estates of this present Parliament for the further examination and tryall of the persons above specified their guiltinesse of the points and crimes above written contained in the summonds particularly and respectively above mentioned Gives and grants by thir presents full power authority and commission to the persons after mentioned viz. Iohn Lord Lowdoun Chancellour John Earle of Lauderdaill _____ Earle of Weymes Robert Lord Burghly James Lord Couper George Lord Forrester Sir Iohn Hammiltoun of Preston Sir William Cokburne Lord Langtoun Harie Montgomrie of Gifin Sir George Dundas of that ilk Sir Iohn Wauchope of Nidrie William Rig of Ethernie George Bell for the towne of Linlithgow Thomas Bruce for Stirling Mr. George Gray for Hadingtoun George Gardine for Bruntiland and Robert Cunnyngham for Kinghorne James Sword for Saint Andrewes and Sir Alexander Gibson of Durie and Sir Adam Hepburne of Humbie two of the ordinary Senators of the Colledge of justice or to any Quorum of the said number of the saids persons being present for the time which Quorum shall consist of nine two being for ilk estate by the saids two Judges above named to proceed in all further examination of the points of the saids crimes consisting in facto And that by examination of witnesses and by writ or other probation competent of the Law against so many of the saids persons as are not compeiring without all farther citation in respect of their absence and contumacie And al 's to call and conveene before them the foresaids persons above rehearsed in the said summonds particularly and respectively above written so many of them as are incarcerate before them at such dayes and diets as they most conveniently shall appoint at Edinburgh the fourth day of January next to come which is appointed to be the first diet of their meeting And ordaines these who are incarcerate to be cited personally and these who are out of the Countrey at the Mercat Crosse of
Febr. 1641. Stilo Scotico and given in to the Treaty upon the 5. of the said Moneth And whereas it was desired by the Scottish Commissioners that the English Commissioners would let them know from the Parliament the security manner and termes of Payment of the foresaid summe of three hundred thousand Pounds and of the Arrears due for reliefe of the Northerne Counties It was agreed unto by warrant and order of the Parliament that they should have fourescore thousand Pounds as a part of the foresaid summe of three hundreth thousand pounds with the whole Arrears due to the Army before the disbanding thereof Conforme to the Paper of the 26. of May 1641. and given in to the Treaty upon the 27. of the said Moneth And concerning the security for paying of the remnant of the said sum of three hundred thousand pounds which is Arreare extending to 200 and 20000 Pounds It is resolved and agreed unto by both Houses of Parliament That an act of Parliament of publike Faith shall passe for security thereof And that one moity or equall halfe of the same extending to one hundred and ten thousand Pounds shall be payed at Midsommer in Anno 1642. And the other moity or equall halfe thereof to be payed at Midsommer in Anno 1643. as the order of the houses of Parliament of the 19 25. daies of June 1641. doth more fully purport And in like maner whereas it was desired by the Scottish Commissioners that they might know to whom they should addresse themselves for payment of the summes at the dayes appointed by the Parliament Conform to the Parliaments determination of the 19. of June Secondly at what place the payment should be made Thirdly that a safe conduct may be granted for the secure transporting of the moneys to Scotland at the times of the payment agreed upon It is answered and resolved by the Parliament That these Earles Lords and Commissioners following shall be the persons to whom the Scots shall addresse themselves for the receiving of the summes at the dayes appointed by the Parliament Earl of Bedford Earle of Essex Earle of Warwick Earle of Holland Earle of Stanford Lord Wharton Lord Mandevill Lord Brook Mr. Martin Sir Thomas Barrington Mr. Capell Sir Ar. Ingram Sir Gilbert Gerrard Sir Robert Pye Mr. H. Bellasis Sir Walter Earle Sir William Litton Sir Henry Mildmay Sir Thomas Cheek Sir John Strangewayes Mr. Arthur Goodwine Mr. Hampden Alderman Soam Alderman Pennington Resolved upon the question That the place of payment shall be the Chamber of London Resolved upon the question that a safe conduct shall be granted for the secure transporting of the moneyes to Scotland at the termes of Payment agreed upon at the charge of the Scots Conforme to the Paper June 22. 1641. yeares To the seventh Demand desiring that as his Majestie hath approved the acts of the late Parliament wherein all such Declarations Proclamations Books Libels Pamphlets as have bin made written or published against his loyal and dutifull subjects of Scotland are re-called and ordained to be suppressed and destroyed So his Majesty may be pleased to give order that the same may be suppressed recalled forbidden in England and Ireland and that the loyalty integrity and faithfulnesse of his Majesties subjects of Scotland towards his Majesties Royall Person Government may at the closing of this Treaty of Peace and at the time of publick thanksgiving for the same be made known in all places and all Parish Churches of his Majesties Dominions This was the more earnestly desired confidently expected from his Majesties Justice goodnesse Because no calamity or distresse hath so sore vexed or so deeply wounded the hearts of his Majesties Subjects as that their loyalty and love towards their Native King should have been controverted by the malignancy of bad Instruments brought into suspition And because they unfainedly desire pray for his Majesties happinesse and are resolved by all meanes and at all occasions to deny themselves and what they have for his Majesties Honour As is more fully contained in the Paper of the 8. of February 1641. Stilo Scotico It is answered upon the 10. of February 1641. Stilo Scotico We do agree that all declarations proclamations acts books libels and pamphlets that have been made published against the loyalty dutifulnesse of his Majesties subjects of Scotland shal be recalled suppressed forbidden in England Ireland And that this be reciprocall in Scotland if any such have bin made or published there in prejudice of his Majesties honour And this upon diligent inquiry to be done by the authority of the Parliament next sitting in Scotland of which the Commissioners of Scotland doe promise to have an especial care And we do also agree that when it shall please Almighty God to grant a happy close of this Treaty of Peace the loyalty of his Majesties said Subjects shall be made known at the time of publick thanksgiving in all places particularly in the Parish Churches of his Majesties Dominions Unto which we are the rather induced for that you expresse how deeply it hath wounded the hearts of his Majesties said Subjects that their loyalty love to his Matie their native King should be brought in question suspition Whereas they unfainedly desire pray for his Majesties happines are resolved by all means at all occasions to deny themselves what they have for his Majesties honor 10. Febr. 1641. stilo scotico Concerning the eighth Demand for an happy and durable Peace which is the chiefest of all our desires and unto which all the former seven Articles being now agreed upon are as many Preparations We do first of all desire that all monuments tokens shews of hostility upon the borders of the two kingdoms may be taken away that upon the reasons considerations particularly exprest in the paper of the 10. of Febr. 1641. stilo scotico That not only the Garrisons of Barwick and Carlile may be removed but that the works may be slighted and the places dismantled It is answered and agreed upon the 14. of June That his Majesty is desirous that all things betwixt the Kingdomes of Scotland and England bee reduced into the same state they were in before the beginning of the late troubles And therefore Hee doth give his Assent to the advice of the two Houses of Parliament that the Garrisons of Barwicke and Carlile upon the disbanding of the Scottish Army now in England and of all such Forces as are gathered together in Scotland be likewise presently removed And that the Fortifications of Barwick and Carlile bee also reduced to the same condition they were before the late troubles So that all Fortifications in Scotland bee likewise put in the same condition they were before the said troubles And that the Workes bee not repaired but suffered to decay and that the Ordinance and Ammunition bee removed And that it bee without prejudice to his Majesties
Majesty and Estates declares such other persons shall fill their places as his Majesty shall think fit by advice of the remanent Commissioners who must receive and admit them upon the said Commission and take their oaths for faithfull discharge of the same And his Majesty and Estates ordaines this present Commission to indure unto the _____ ay and while the famine be expresly discharged by his Majesties warrand with consent of the Estates for that effect And his Majesty with consent of the Estates foresaid findes declares and ordaines the acts decreets and ordinances of the Commissioners foresaid and of the other persons who shal be surrogate in their places by his Majesty in manner foresaid in the whole particulars above specified and every one of them to have the force strength and effect of a decree sentence and Act of Parliament And ordaines the Lords of Session to grant and direct letters of horning pounding and others thereupon upon a simple charge of ten dayes or otherwayes as shall be found necessarie Attour for clearing of all doubts and difficulties which may arise anent the rectifying of valuations or other particular heads following His Majestie and Estates have declared and declares that where valuations are lawfully led against all parties having interest and allowed by the former Commissioners according to the order reserved by them that the famine shall not be drawn in question nor rectified upon pretence of enorm lesioun at the instance of the Minister not being titular or at the instance of his Majesties Advocate for and in respect of his Majesties annuity except it be proved that collusion was used betwixt the titular and heretor or betwixt the Procutor Fiscall and heretors and titular which collusion is declared to be where the valuations are led with diminution of the third of the just rent presently payed And which diminution shall be proved by the parties oaths It is alwayes declared that the provisions of the former Commission so far as they are conceived in favours of the Colledges Hospitals and Ministers are herein renewed As also that Ministers serving the cure who leade their teinds And that Colledges Schooles and Hospitals be not constrained to sell set nor dispone their teindes in prejudice of their successours notwithstanding of the valuations thereof Like as the Kings Majestie and Estates grants power to the saids Commissioners to do every thing necessary for setling and establishing the right of any teinds of the prelacies appointed by them in favours of the saids Kirks Schooles Universities and Colledges according to their severall divisions as also to set down rules and wayes how the same shall not thereafter be delapidate or made worse by the titulars for the time And his Majesty and Estates declares That all his Majesties subjects who are willing to buy their teinds shall be oblisht to pay the price thereof contained in the Act made thereanent within the space of two yeares after the famine beis valued and approven before the saids Commissioners And that after the expiring of the said time the titular shall not be compelled to sell the famine except they doe it of their owne good will With this declaration alwayes that in case the impediment induring the space foresaid flow from the titular by reason of his minority or other inability in that case the Heretor who offereth himselfe ready to buy his owne teind within the space foresaid shall have place so soone as the impediment is removed to buy his teinds notwithstanding of the expiring of the yeares and space above exprest And it is declared that if the heretors be minor and his tutors neglect the buying of his teinds within the space foresaid The minor shall have action for two yeares after his minority to compell the titular for selling of the saids teinds Likeas his Majesty and Estates of Parliament grants power to the saids Commissioners to give recompence to parties for the augmentation of stipends to be imposed by this present Commission in the same way as was done by some former Commissions as 1617. yeares Likeas it is hereby declared that where by mistaking and wrong compting there was a greater quantitie assigned to the minister out of any mans teinds nor is due by proportion according to the valuation that the Commissioners may rectifie the same without diminishing the ministers stipend or wronging his possession untill it be given out of other teinds in the paroch Likeas it is declared that where the assignations are made wrong in the quality that the same might be reduced to the just number of bols of meale beire and wheat answerable to the valuation With power also to the saids Commissioners to assigne the few dueties of the parts of land called Parsons and Viccars gleibes to the ministers and others serving the cure ACT XXXI COMMISSION ANENT THE ARTICLES Referred to Consideration by the Treaty 16. November 1641. OUr Soveraigne Lord with consent of the Estates of Parliament Considering that there are sundry heads of the Articles of the Treaty of peace betwixt his Majesty and his Subjects and betwixt his Majesties Kingdoms of Scotland and England which are referred to bee taken in consideration by the Commissionars to bee appoynted by his Majesty with consent of both Parliaments who shall have power to advise and treate thereupon and to report their proceedings therein to his Majesty and to the Parliament of both Kingdomes respective and specially the articles after specified And his Majesty with consent foresaid being willing that a Commission bee exped on their part for advising and treating upon the saids Articles with the Commissioners chosen or to bee chosen by his Majesty with consent of the Parliament of England within which is included the Kingdome of Ireland Therefore his Majesty with advise and consent of the Estates gives and grants full power and Commission to the persons after specified William Earle of Lothiane John Earle of Lindesay Lord Parbrothe and Struther John Lord Balmerino Sir Thomas Myretoun of Cambo Sir Thomas Hope of Kerse Sir Archbald Johnstoun of Wariestoun Sir John Smyth of Grottell Burgesse of Edinburgh Patrik Bell Merchant Burgesse of Glasgow and Mr. Robert Barclay Burgesse of Irving as also to John Earle of Lowdoun Chancellour of Scotland and Archbald Marquesse of Argyle Earle of Kintyre Lord Lorne or any of them two who beis at Court To bee of the Commission with the remanent Commissioners above named With power to the saids whole Commissioners above named or any five of them there being one thereof at least of every Estate to conveene with the Commissioners chosen or to bee chosen by his Majesty with consent of the Parliament of England within which is included the Parliament of Ireland as said is at whatsoever places and times convenient to bee accorded amongst them and there to consult advise treat and agree upon the speciall Heads and Articles following viz. Anent the Demand concerning the making war with Forreigners and anent Leagues and Confederations
Parliament against such as unlawfully convocates the Kings Lieges And that also by sundry other preceding Statutes and Acts of Parliament made by his Majesties most noble Progenitors the foresaid Leagues Bands Counsels Conventions and Meetings are likewise discharged And herewith also the said Estates taking to their consideration what was the true end and meaning for making of the foresaid Acts how farre the same in equitie and reason can be extended findes and declares that the foresaid Acts and Laws particularly and generally before exprest is not nor cannot bee extended against any Bands Leagues Counsels Conventions Assemblies Committees or Meetings made holden and kept by the Subjects for maintenance and preservation of the Kings Majestie the Religion Lawes and Liberties of the Kingdome or for the publick good eyther of Kirk or State But the said Estates findes and declares that all these Bands Conventions Committees and other meetings made and keeped by the Estates and Subjects of this Kingdome for the publike good of King Kirke and State and intended for the defence and preservation thereof since the beginning of these present troubles are not prohibited nor discharged by the foresaids Lawes and Acts of Parliament particularly and generally before rehearsed nor none of them And can no wayes be understood nor interpret to fall within the compasse of the discharge and prohibition of the foresaids Acts and doth no wayes contraveene the same nor none of them And therefore the saids Estates ratifies approves and allowes all the saids Bands Conventions Committees and other Meetings which are and have beene made and keeped within this Kingdome for the defence and preservation of the Kings Majestie the Religion Lawes and Liberties of this Kirke and Kingdome since the beginning of the present troubles thereof And declares the same to bee lawfull and legall deeds and that they doe no wayes contraveene the foresaids Acts of Parliament respective above mentioned nor none of them nor no other Law nor constitution of this Kingdome ACT XXX ANENT THE WARD AND MARRIAGE OF These who shall happen to be killed in the defence of the Religion and Liberties of Kirke and Kingdome THe Estates of Parliament presently conveened by his Majesties speciall Authority Taking to their consideration the prejudice that may come to these Subjects who holds their lands ward of the Kings Majesty or of any other Superiour whatsoever and shall happen to be killed in the defence and maintenance of the Religion and of the Laws and Liberties of this Kingdome during the time of the present troubles thereof hath statute and ordained and hereby statutes ordaines and declares that the profit and benefit of the ward marriage none entresse and reliefe falling by the decease of any of these who shall happen to be killed in manner and for the cause foresaid with the whole commoditie that can follow upon the same shall onely pertaine and freely be given and disponed to the heires Relick and Bairnes of these who shall happen so to be killed as followes viz. Where the Relicke and remanent Bairnes by the heire shall be found provided by the Defunct Then in that case the whole benefite of the ward marriage none entresse and reliefe shall solely belong to the heire But where the Relicke and remanent Bairnes by the heire be 's not found provided in that case the benefite of the marriage shall onely pertaine to the heire and the profite commoditie and benefite of the ward none entresse and reliefe shall be imployed and used for the entertainment and maintenance of the Relicke and Bairnes unprovided And also for the entertainment of the heire if he have no other meanes for maintenance And what is overplus by the Relicke and Bairnes their entertainment foresaid ordaines the same superplus to be imployed for the provision of the said remanent Bairnes by the heire unprovided as said is Providing alwayes that the saids heires and other persons foresaids to whom the benefite of the saids ward marriage none entresse and reliefe is appointed to pertaine in manner respective before rehearsed Be 's found not to have studden against the maintenance of Religion lawes and liberties of Kirke and Kingdome contrair to the late Covenant ratified in this present Parliament And also the saids Estates findes and declares that the Kings Majestie and all other Superiours whatsoever of the saids ward holdings shall be altogether secluded from the benefite of the foresaid ward marriage none entresse and reliefe falling by decease of their Vassals in manner and for the cause before rehearsed ACT XXXI RATIFYING THE ACT OF THE LORDS Of Session made for supplying of the absence of the Signet and discharging the transporting thereof or any other Seale in time comming THE Estates of Parliament presently conveened by his Majesties speciall Authority Ratifies and approves the Act of the Lords of Councell and Session made at Edinburgh the penult day of March 1639. yeares whereof the tenour followes The which day the Lords of Councell and Session being petitioned by some of his Majesties Lieges to provide remeed against the prejudice sustained by them through the exportation of the Signet out of this Kingdome And thereupon taking unto their consideration the many great inconveniences redounding to this Realme and whole Lieges thereof And manifestly ensuing by the transporting of the Signet not onely from the place of residence of the saids Lords but out with the bounds of this Kingdome into England without any reason or example Therefore after mature deliberation they have statute and ordained and for remeed of the said heavie prejudice statutes and ordaines that all Summonds Letters Charges Suspensions Signators or other Writs whatsoever which by the law and custome of this Realme useth to passe the said Signet shall bee presented to George Hadden writer to the Signet and the ordinarie price due for the Signet consigned in his hands to bee made forth comming to the Lord Secretarie and his keepers of the Signet in his name Whereupon the said George Hadden shall marke the date of the said offer beside the waxe at the place customably bearing the date of the Signet and write thereupon these words marked by me according to Act and Warrant of the Lords of Session and ordained to be a Warrant for execution hereof or passing through the Seals albeit it bee not signetted which words hee shall subscribe with his Signe and Subscription manuall Which Summonds Charges Letters Suspensions Signators or Writs whatsoever so dated and subscribed by the said George Hadden shall have the same effect in all respects as if the Signet were affixed thereto And the saids Lords declares that the same shall be a sufficient warrant to all keepers of Seals and Registers Messengers of Armes Pursevants Heraulds or others persons whatsoever for passing of the saids writs through the Seals execution of the saids Summonds Letters Charges and Suspensions and doing all deeds incumbent to their office such like and as amplie and warrantablie in all respects as
them against all such as by any meanes endeavour to shake or subvert the same THEREFORE We under-subscribers and every one of Us do in the presence of almightie God promise and vow That in this present Parliament We shall faithfully and freely speak answer and expresse our selves upon all and every thing which is or shall be proponed so farre as we think in our conscience may conduce to the glorie of God the good and peace of the Church and State of this Kingdome and imploy our best indeavours to promove the same And shall in no wayes advise voyce nor consent to any thing which to our best knowledge we think not most expedient and conduceable thereto as also that we shall maintaine and defend with our Life Power and Estate His Majesties Royall Person Honour and Estate as is exprest in our Nationall Covenant And likewise the Power and Priviledges of Parliament and the lawfull Rights and Liberties of the Subjects and by all good means and wayes oppose and indeavour to bring to exact tryall all such as either by force practise counsell plots conspiracies or other wayes have done or shall do any thing in prejudice of the puritie of Religion the Laws Liberties and Peace of the Kingdome And further that we shall in all just and honourable wayes indevour to preserve union and peace betwixt the three Kingdomes of Scotland England and Ireland and neither for hope feare nor other respect shall relinguish this vow and promise Read in audience of the Kings Majestie and the Estates of Parliament who approve the same and appoint the said oath to be taken by all members of this Parliament and in all Parliaments hereafter before they proceed to any act or determination ACT VI. ACT ANENT THE RATIFICATION OF The Articles of the Treatie superscribed by the King and subscribed by the President of the Parliament August 26. 1641. OUR Soveraign Lord and Estates of Parliament Ratifies and approves the articles of the large treaty concerning the establishing of the peace betwixt the Kings Majestie and his people of Scotland and betwixt the two Kingdomes of Scotland and England And for his Majestie and his successours perpetually confirmes the same ordaining the same in all time comming to have the full force and strength of perfect security lawes and acts of Parliament Like as his Majesty for Himself and his Successours promiseth in verbo Principis never to come in the contrary thereof for any thing therein contained but to hold the same firme and stable and shall cause it to be truly observed by all his Majesties Lieges according to the tenour intent thereof for now ever Wherof the tenour followes WHereas by his Majesties Royall Wisedome and Princely care of the Peace and Happinesse of his Majesties Dominions a Treaty hath beene appointed for removing of all differences raised betwixt the two Kingdomes and betwixt the King and his Subjects of Scotland and for setling and assuring a firme and blessed Peace for all time to come and a Commission hath been given under the great Seale of England with approbation of both Houses of Parliament bearing date 23. of November in the 16. yeare of his Majesties raigne and in the words following CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith c. To our Right trusty and right welbeloved Cousins Francis Earle of Bedford William Earle of Hartford Robert Earle of Essex And to our right trusty and right welbeloved Cousin and Councellour William Earle of Salisbury And to our right trusty and right welbeloved Cousin Robert Earle of Warwick And to our right trusty and right welbeloved Cousin John Earle of Bristoll And to our right trusty and right welbeloved Cousin and Counsellor Henry Earle of Holland And to our right trusty and right welbeloved Cousin and Councellour Thomas Earle of Berks And to our right trusty and welbeloved Philip Lord Wharton William Lord Paget Edward Lord Kimbalton Robert Lord Brooke John Lord Paulet Edward Lord Howard of Estrick Thomas Lord Savil and Francis Lord Dunsmore Greeting Whereas divers of our Subjects of Scotland have by their severall Petitions humbly besought us that we would be gratiously pleased to grant unto them certaine Demands we reposing especiall trust and confidence in your great wisedomes and fidelities have named assigned and appointed you and by these presents doe name assigne and appoint you to be our Commissioners and doe hereby give and grant unto you or any ten or more of you full power and authority to treat with John Earle of Rothes Charles Earle of Dumfermling John Lord Loudoun Sir Patrick Hepburne of Wauchton Sir William Douglas of Cavers William Drummond of Riccarton John Smith Baily of Edinburgh Alexander Wedderburne Clerke of Dundy Hugh Kennedy Burgesse of Air Alexander Hendersone and Archibald Johnstoun or any of them Or any other deputed or to be deputed by our said Subjects of Scotland or nominated on their behalfe and to take into your serious consideration the said Demands and compose conclude and end all differences arising thereupon Or otherwayes as you or any ten or more of you in your wisedomes shall thinke fit And whatsoever you our Commissioners aforesaid or any ten or more of you shall doe in the premisses We doe by these presents ratifie and confirme the same In witnesse whereof We have caused these our Letters to be made Patents Witnesse our selfe at Westminster the three and twentieth day of November in the sixteenth yeare of our Raigne Per ipsum Regem AND IN LIKE MANNER A COMMISSION hath beene granted by the Committees of the Parliament of Scotland bearing date the last of October and the 4 day of November 1640. and in the words following WEe the Commissioners of the Parliament of Scotland being a full number of both the Quorums thereof under-subscribing Forsomuch as the Kings Majesty our dread Soveraign hath been graciously pleased upon our humble supplications to appoint a Treaty and Conference at Rippon betwixt our Commssioners chosen and sent by Us for that effect and a number of the Peeres of England who accordingly met and have accorded upon certain Articles as well anent the maintenance of our Armie as anent the cessation of Arms during the Treatie And because the time for the ensuing Parliament of England could not permit the Treaty to come to the wished conclusion there his Majestie was therefore likewise pleased to trans-ferre the said Treatie to London where the said Parliament is to hold that there these entrusted by his Majestie and Estates of Parliament may have the better time and place to treat and conclude thereanent Therefore Wee the said Commissioners being a full number of both Quorums thereof under-subscribing by vertue and conforme to the Commission granted to us by the Estates of Parliament doe not onely approve the said Articles already agreed upon and subscribed by our said Commissioners at Rippon but also doe by these presents give full power warrant