[1641/8/175]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering that ther was ane commissione granted be the committe from the estates of parliament, with consent of the generall, of the dait at Edinburgh, the tuelfe day of Junii jM vjC fourtie yeires, makeand mentione that forsameikle as it being then most necessare for the weell of the religione and peace of the cuntrey that all the intesteene enemyes therof with all expeditione should be supprest and takine order with that they should not trouble the peace of the cuntrey or harme the freendis therof, bot that they might be brought to that duety which became Christianes and cuntreymen, if it were possible, or otherwayes to goe againes them to ther wter rooting out in all hostill maner. And because then the Erle of Athole, the lord Ogilvy and there complices and assistantes, asweell in Athole as in the braes of Angus, the Ferquharsones in the brae of Mare and ther complices, and otheres, the then enymyes and opposites in Badyenoch, Lochabere and Rannoche, had then not only provine enymies to religione bot also had provine wnnaturall to ther cuntrey in disjoyneing from these who stood for the mentinance of religione and the liberties of this kingdome, and had drawne themselves togither in armes, had fortified ther houss and awaited oportunitie to fall one be themselves ore to joyne with otheres, asweell native as forraneeres and strangers, to the overthrowe of this kirke and kingdome, at the least in sua fare as then in them lyes. For remeed wherof, the said committie from the estates of parliament, with consent of the generall, be ther said commissione gave full power, warrand and commissione to Archbald, erle of Argyle, lord Campbell and Lorne, to ryise in armes aganes the said erle of Athole and his complices and assistantes in Athole or els whaire, and aganes the said Lord Ogilvie and his compleices and assistants in the braes of Angus, and againes the Ferquharsons foirsaidis and otheres, the opposites in the brae of Mare, Badyenoche, Lochaber and Rannoche and to persue them and everie ane of them in all hostill maner with fyir and suord ay and whill he should either bring them to thair bundine duetie and give assurance of the samene he pledges, or otherwayes or ells to the wtter subdueing and rooting them out of the cuntrey; and for that effect to levie and drawe togidder in one or mo bodyes as he should thinke fit such nomberes of men within the shereffdome of Argyle in armes as he should find sufficient for the said imployment, and sicklyke with power to the said Erle of Argyle, or those haveing power and warrand from him, with consent of the generall commissare, to intromet with the rentes and goodis of the saidis persones opposites to the commone cause, to be applyed for the mentenance of the said erle his forces who ware with him in the said expeditione, and with command to the subcommissares and otheres intrustit in the commone effaires to cause furnishe them in maner specified in the said comissione, as the said commissione of the dait foirsaid at mair lenth beires. Be vertue of the quhilke commissione, and for the faithfull dischairge therof, the said Archbald, erle of Argyle, eftir his acceptatione of the same, did ryise in armes and levey and drawe out togither the nomber of four thousand men in armes, whoise randevoise were at Innerrary and Clauchandysert in Glenwrquhie, the eighteene day of the said moneth of Junii jM vjC fourtie yeeres, and went therfra to the feildis throw the boundis and pairtes of Athole, braes of Angus, Brae of Mar, Badyenoch, Lochabir and Rannoch, and wes abroad in the feeldis with the said army in armes in executing of the said commissione fra the said day of randevous abovewrittin continowally wnto the second day of August nixt, thereftir that he returned home be the space of fourtie four dayes continowally, dureing all that space doeing his exact diligence to bring the foirsaidis persones and otheres within the boundis foirsaidis to ther bundine duetie and conformity and to suppres them that they troubled not the peace of the cuntrey, and did diverse actes and factes for that effect, wherby the said erle of Athole and the men of Athole and diverse other great clanes and otheres persones were brought to conformity and made to find catione and give bandis and pledges to keepe peace and good order, and to compeir and ansuer before the committee, and otheres who wer disobedient and that would not sua doe wer forced† gave out severall warrandes and commissiones for takeing order with some persones that fled away and came not in to give ther obedience, and befor hee lefte the feeldis he left sindrie garisones bouth one the feeldis and in houss belonging to some of the saides enymies for keeping of the peace of the cuntrey, who remained therin for the space of severall weekes and monthes thereftir. Lykeas there were diverse otheres deidis done be the said erle and his army during the said space for setling the disorderes in these pairtes and bringing of the people therof to conformity, in maner at lenth specially and particularlie mentionat and set doune in ane particulare report mad be the said Archbald, erle of Argyle of his executione of the said commissione, first givine in be the said erle to the foirsaid committie from the estates and to the generall at the castle of Dunse, the fyfteene day of the said moneth of August jM vjC fourtie yeires, and therefter givine in be him to the committie of estates at Edinburghe wpon the tuentie fyfte day of the said moneth of August the said yeir, and dewly ratified and approvine be them the same day, as the said report or accompt mad be the said erle, ratificatione and allowance therof granted be the said committie of estates of the dait forsaid at mair lenth beires. Lykeas the said Archbald, erle of Argyle hes givine ane particular accompt of all the victuell or goodis either furnished to the army be the wnder commissars and otheres whatsowevir or takine be the army for there mentenance or mellit or intromettit with be the said erle or be any of his lordship commanderes, or be the army, be his lordship or ther directione, off the goodis and geir perteaneing to those who ware refractorie and disobedient, as the particular compt duelie fitted be the auditoures of the commone burdenes of this kingdome wpoun the third day of Apryle lastbygane, and ratified and approven be the said committee of estates resident at Edinburghe be there act of the dait the eight day of the same moneth of Apryle lykewayes at mair lenth beires. Therfore our said soverane lord and estates of parliament have ratified and approvine and, be thir presentes, ratifies and approves the said commissione granted be the said committee from the estaites of parliament, with consent of the generall, to the said Archbald, erle of Argyle in maner, forme and to the effect abovementionat of the daite foirsaid, in the haill heidis and articles of the samene, and declaires the samene to be of als great force, strenth and validity as if the samene had beene granted by the whole estates in oppine parliament. As also ratifies and approves the said accompt and accomptes, report and reportes mad be the said erle and givine in be the said committie of estates of the daites abovewrittin, and ratified and approved be them in maner foirsaid, in the haill heidis and poyntes therof, respective, asweel conserneing his lordships diligence in executing the foirsaid commissione as anent the victuell and goodis abovementionat furnished, takine and intrometted with as said is; and willis and ordeanes that this present generall ratificatione of the premiss is, and shall be, als effectuell and sufficient to the said Erle of Argyle and his foirsaidis as if the saidis commissione, accomptes and reportes forsaidis and former ratificatione of the samene heerby generally ratified as said is, and haill tennors and contentes therof, had beene all at lenth heirinconteyned and heirby specially ratified, notwithstanding that the samene be not so specially done, quhairanent our said soverane lord and estates of parliament hes dispensit and be thir presents dispenss for evir; and findes and declaires that the said Archbald, erle of Argyle hes faithfullie execut the said commissione granted and entrusted to him be the said committee of estates, and hes done and performed all thingis in the executing therof which wes conduceable and fitt for the reduceing of the disobedient to conformity and obedience, and for establishing of the peace, quyet and securitie of that pairt of this kingdome whilke wes within the compas of the said commissione, and that the said erle hes done good, faithfull and acceptable service to the haill estaites of this kingdome in the premiss. And farder declaires the said erle, his aires and successoures and all and sindrie the commanderes of the said army and the haill bodie and everie member of the army and persone therof, ther heires and successoures, to be frie, liberat and exonered of all and whatsomevir actione, cleame, questione and persute, criminall or civeill, whilkis may be intentit, moved or persued againes the said erle, his commanderes and army or any member, persone or persones therof and ther foirsaidis, be whatsomevir persone or persones of whatsomevir degree or quality for whatsomevir goodis, geir, cornes, cattell, horss and otheres goodis and geir whatsomevir mellit with be them or any of them fra the said eighteene day of Junii the said yeir of God jM vjC fourtie yeires to the said second day of August nixt therefter, or for apprehending of whatsoevir persones, puting or deteeneing them in waird, prisone or captivity for whatsomevir space or spaces, or for directing out of the warrandes and commissiones againes any of the saidis enymies and wnfreendis who fled or refused to come in and give ther obedience, or for taking of whatsomevir castelles and houss and leeving of garisones therin or in the feeldis, or for taking of bandis or pledges of the persones contenit in the said commissione, or for sleighting or sloping of whatsomevir toure, fortalice or other houss whatsomevir, or demolishing of the samene to the ground or burneing of the same or puting of fyre therintill, or otherwayes sacking or distroying of the samene housoevir, or for puting of whatsomevir persone or persones to tortour or questione or puting of any persone or persones to death at any time betuixt the said eighteine day of Junii and the said second day of August nixt thaireftir. And declaires thir presentes to be ane sufficient warrand to all and whatsomevir judges, civill or criminall, for exonering and assoylyeing the said Erle of Argyle and all and whatsomevir his collonelles, captanes, commanderes and whole body of the army and haill persones of the same, and to ther servandis, men, boyes and falloweres in the said army dureing the space foirsaid fra all and whatsomevir sicke persut, criminall or civill, and to be received and admitted be way of exceptione, reply or duply without any farder proces, and declaires and decernes thir presentes to have the force of ane act and statute of parliament fra the dait of the said commissione to the dait heirof and in all tymecomeing.