Trigesimo primo die huius sessionis parliamenti
[1641/8/83]*[print] [email] [cite] [preceding] [following]
Prayer said and rolles callit.
Rege presente.
The quhilk day the supplicatione be the officers of the army desyreing payment of ther whole arreires, togidder with the report from the committie for the army, with ane supplicatione from Williame Thomsone desyreing order and resolutione anent some questiones therin conteanit quhilke will aryse in the payment of the officers, being red in audience of his majestie and estates of parliament, his majestie and estates foirsaides approves the report of the committie so fare as concernes the payment of the officeres of the army, asweell souldieres of fortoune as gentlemen within the cuntrie, and alse for the maner of securitie to be given for the moneyes wplifted for that effect, and gives order to William Thomsoune to pay the officeres conforme to his warrand; and declaires that the making payment conforme to the orderes of the committie from the army the samene shall be ane sufficient exonoratione to him, notwithstanding ther be payment made over and above what is dewe be wthers intromettoures; and alse declaires that the payment to be made be the supplicant shall be past upoun the generall accomptes of the army.
[1641/8/84]*[print] [email] [cite] [preceding] [following]
The quhilk day the kingis majestie and esteates of parliament, haveing takine to consideratione the supplicatione givine in to them be Jonet Corsbie in behalfe of Johne Blake, hir husband, and Thomas Blake, ther sone, makeand mentione that they ware imprisoned be the Erle of Nithsdaill in Dumfreis allmost tuo yeires since and have lyne in yrones for suspitione of the death of Johne Maxwell of Middlebie, wherof they are innocent, the said Johne dieing in a moss in the neight; and yit the saidis Johne and Thomas Blakes refuiss no legall tryell and notwithstanding are still stervand in prisone and yrones allmost these tuo yeires and are nather tryed nor relived, and therfor desyreing that the relict of the said umquhill Johne Maxwell be put to take out a commissione to try the said Johne and Thomas Blakis and to use them according to law rather then that they die for famine in prisone, or wtherwayes if they refuse to persue betuixt and ane appoynted day that warrand be given for reliveing of the saidis Johne and Thomas Blakis, as the supplicatione in it selfe proportes and beires. And heirupon, having givine warrand to ane committie from parliament for heiring the said Jonet Corsbie in the behalfe of hir husband and sone, and of Androw Stewart, present for himselfe and in name of Marione Maxwell, his spous, relict of the said umquhill Johne Maxwell, and Robert and Williame Maxwelles, ther bairnes (againes whom the foirsaid supplicatione is givine in), anent the granting of the desyre of the foirsaid supplicatione, and report being made be the committie anente the foirsaid desyre of the foirsaid supplicatione, quhilke report being red and considerit, his majestie, with advyce of the estates of parliament, ordeanes the saidis Johne and Thomas Blakes, delinquentes abovenamed, to be tryed and judged at Edinburgh be the justice or his deputes, and appoyntes the pairties to perseue and put them to tryell there betuixt and the last day of November nixtocome. And therefor ordeanes the said Johne and Thomas Blakes to be transported from the pledge challmer of Dumfreis wher they are presentlie incarcerat to the tolboothe of Edinburgh betuixt and the day abowewrittin, and appoynted ther transporting to be as falloueth, viz: ordeanes the proveist and ballies of the toune of Dumfreis and shereff thairof to delyver the tuo prisoneres abovenamed to the sherefe of the nixt adjacent shyre, and thereftir from sherefe to shereff whill they be brought to the tolboothe of Edinburghe. And ordeanes the pairties persueres to assist the transporting of the saidis tuo persones, and in the meantyme ordeanes them to be liberat of the yrones and onlie to be keeped in close waird, and the perseueris to pay daylie to ilke ane of the tuo prisoneres three shillingis four pennyes for ther interteanement dureing ther remaineing in waird, beginand the first dayes payment therof one Monday nixt, the fourt day of October nixtocome.
[1641/8/85]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, being informed that Helene Moyes in Errol being suspect to have beene with child in the moneth of September or therby jM vjC fourtie yeires, and that wpoun the foirsaid suspition there being search and tryell made within and about the duelling house of Helene Duncane in Erroll, mother to the said Helene Moyes, where shoe remained, and that efter exact searchinge ther was fund covered wnder the earth at the neuke of the said house the fleshe and bones of ane young infant, quhilke being remonstrat to the late committie of estates reseiding at Edinburgh, they did grant commissione to certane barrones and gentlemene within the parochine of Erroll to take all tryell possible for discoverie of the foirsaid fact and for bringing the samene to leight; conforme to the whilke commissione, exact tryell being takine and reported to the said committie of estates upoun the fourteene day of Julii last, quhilke report being considerit be them, they did ordeane the said Helene Moyes to be transported to the tollboothes of Edinburghe or Pearth to be keeped in firmance till farder order wer givine for puting of the said mater to a farder tryell. And sieing the tryell and punishment of the foirsaid fact may be most properlie and convenientlie done in these boundis where the samene hes bene committed and be these persones who have formerlie takine tryell therintill as being best acquant with the treuth and circumstances therof, therfor, our said soverane lord and estates of parliament does heerby grant full power and commissione from them to Sir Patrike Ogilvie of Inchmairteene, kyncht, Sir Thomas Blair of Balthyoke, Sir Peiter Hay of Meginshe, baillie of Erroll, Peiter Hay of Leyes, Williame Kinman of Hill and Patrike Broune of Horne, or any three of them, as judges deligat be his majestie and the parliament to the effect above and eftirspecifiit, with Maister Henry Kinrose, shereffe clerke of Pearth, or his deput, to be clerke to the saidis judges to take and use all further tryell, inseight and examinatione necessare for the cleere discovery of the foirsaid murther and bringing of the same to light and to use all laufull meanes and wayes necessar for cleering and discoverie thairof; and efter full tryell and examinatione takine thairintill, with pouer to the saidis judges or any three of them to put the said mater to the knowledge and tryell of ane assyse and inqueist, and, according to the verdite of the said inqueist, with power to the saidis judges to absolve or condemne the said Helene Moyes, according as the said assyse shall find her innocent or guilty; and if shoe shall be fund guiltie, with pouer to the saidis judges to cause put her to executione and execute doome and sentance wpoun hir, according to the lawes of the cuntrie, and for that effect these grantes power and warrand to the saidis judges or ane thrie of them to affix, sit and hold courtes in the said mater and to creat and constitute all memberes of courte necessar, and to atteache the said delinquent, chairge and sommond witness and persons of inqueist for cognosceing of the foirsaid fact and murther, and the absentes to amerciat and wnlaw, and the samene wnlawes to exact and uplifte, and the saidis justice courts to fence, adjorne and continowe to such dyetes as they shall find expedient, and generally with pouer to them to doe and exerce everie thing necessare conserneing the premiss, or quhilke righteouslie or laufully may be done thairanent; quhairanente thir presentes shall be to the saidis judges, ther clerk and all otheres whom the samene may conserne ane sufficient warrand.
[1641/8/86]*[print] [email] [cite] [preceding] [following]
The quhilk day his majestie and estates of Edinburgh gives warrand to the proveist and baillies of Edinburghe to accept and receive within ther tolbooth and wairdhouse fra Sir Williame Baillyie of Lamyngtoune, kyncht, Archbald Campbell, who is apprehendit be the said Sir Williame Baillyie for the killing of umquhill Mungo Watsone in Lamyngtoun.