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Supplication Maistir John Guthrie for his inlairgmemt†
To the kingis most excellent majestie and to the heigh and honourable court of parliament, the humble petitione of Maistir Jhone Guthree, late bischope of Murray.
Most humblie beseiching your sacred majestie, with adwyse and consent of this present parliament, to take to your majesties royall consideratione the petitione profered yesterday in behalffe of your majesties petitioner for his inlairgment from this grivous prisone, quhairin he hath conteinewed now this fourteine monethis, and for taking course for the sumoundis forfaltrie intendit against him.
And as in dewitie bound his prayers salbe conteinued etc.,
[...]
16 November 1641
Red in audience of his majestie and estaittis of parliament, who ordanes the supplicant to be putt to libertie with provisione he doe not returne to the diocie of Murray. And ordanes ane warrand to be direct to the provest and baillies of Edinburgh for that effect.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
[A1641/8/142]*[print] [email] [cite] [preceding] [following]
Act anent mortificatiounes†
Our soverane lord and estaitis of this parliament presentlie conveined, for the bettir incouragment of all charitabill disposed Christianes to advance in promoting of good warkis and mortifeing of sum of thair worldlie talentis bestowed upoun them by the speciall providence of God to colledges, hospitalles and scoolles of learning, and for to silence and stop the mouthes of the adversaries of the professione of the Gospell and reformatioun now approven quha ar not eshamed to aver and affirme that the professores of the Gospell ar impugneres of goode warkis, do by these presentis ratifie and approve all actes of parliament maid be ws and our predicessores ratefeing and approveing the mortificatiounes and dotationes to colledges, hospitalles and scoolles; and especiallie the sext act of our first parliament holdin at Edinburt in Junii jM vjC threttie thrie, with this additioun: that it sall nowayes be leisum to any pairteis intrusted in the saides mortificationes or dotationes to apply the meanes mortified to any uther use then they ar destinat by the fundator, nor in any way to invert, alter or chaing directlie or indirectlie the trew meaning and expres wordis of the fundatores in the foundationes exprest by them, bot that the samyn sall be from tyme to tyme punctuallie in the haill heides, articles and clausis observed as the samyn ar conceaved and no advantage takin againest the samen. Certefeing these who altereth since the majoritie of our umquhile father of worthie memorie, or sall in tyme cuming do in the contrair, directlie or indirectlie, under pretext of legall doing or any uther wayes quhatsoevir, contrair to the trew meaninges of the fundatores and thair mortificationes, that the samyn sall be rectified and redrest by the ordiner judge within the kingdome upoun complaint of any haveing entres thairto.
[...]† Novembris 1641
Red in audience of the parliament.
16 Novembris 1641
Red and continewed whill the morne.
[A1641/8/143]*[print] [email] [cite] [preceding] [following]
Supplicatione L[aird] of Moynes against Glengarrie, remittit to the counsall, 16 November 1641†
Unto his sacred majestie and estats of parliament, humblie meanes and showes Jhon Grant of Moynes, commissioner for the shirrefdome of Nairne,
That quhair certaine persones of the Laird of Glengarries kinsmen, tennents and servants com severall tymes thir three yeires bypast to the boundes of the said shirrefdoome of Nairne and did tak avay from the Laird of Kilravok and his freindes and others induellares thair diverse spreathes and hearshipes, to they heavie hourt and skeath; and being now tourned rebells, intendes to disturbe the said Laird of Kilravoks freindes and the peace of the countrey in a moir contemptible maner then hitherto they hawe done. And seing the Laird of Glengarrie, who is cheiff maister and landslord to the said rebells and ought to be answerable for them, is presently in this towne and intends to pass frie and leawe the kingdoome, therby to suffer the saides rebells to continewe in ther wounted rebellione and oppressione of his majesties liedges, heirfor I humblie beseek his majestie and estats that the said Laird of Glengarrie find responsall cautione under great soumes (befor he goe of this brough) that the said Laird of Kilravoks freinds and the rest of the leedges may be harmeless and skeathles of the saids rebelles, quhairby the countrey may be freid of ther oppressione. And your gratious answer.
16 Novembris 1641
This supplicatione being moved to his majestie and parliament, they order the Laird of Glengarrie to appear before the counsale the first counsale day and ordaines his cautione to stand whill that tyme.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
[A1641/8/144]*[print] [email] [cite] [preceding] [following]
Act remissiouns granted without assyithment of the pairtie to be null†
Our soverane lord and estaits of parliament, considering the many great abusis that sundrie of his majesties gud subjects heirtofoir hes sustained by murthours, slauchters, raysing of fyr, hairschips, robberie, thift and sundrie uther great crymes and oppressiouns, and thairafter aither the committars thairof by thair awin moyan or be thair friends obtanis remissiouns for the saide crymes without making any reparatioun or satisfactioun to the pairties damnified thairby, aganis all law, equitie and justice, thairfoir statute and ordanis that no remissiouns heirafter salbe granted to any persoun or persouns quhatsumever for any murthour, slauchter, fyr raysing, hairschipps, robberies, thift or ony uthair crymes and oppressiouns of that natur quhill first the pairties damnified be fullie satisfied of all thair skaith sustained thairby, bot upoun the sicht of lettres of assyithment and dischairge of the pairties haveand entres grantand thame, payed and satisfied of all thair losis. And with this declaratioun: that the saids pairties haveand entres be reddie and willing to accept of ane assyithment and to receave satisfactioun for thair guids, geir and losis sustained be thame be the oppressiouns forsaids respective, quhilk his majestie, with consent of the estaits, ordanis to be maid be the pairties committaris, to the pairties haveand entres and quha sustanis the hurts, damage and skaith be the sicht of the lords of his majesties secreit counsell; and that the saids remissiouns sall ly or unpast in exchecker till the saide pairties fulfill and obey the decreitts of the lords of secreit counsell to be gevin thairanent. And declairs all remissiouns to be past uthairwayes nor is abovespecifit to be null in the self, and to furnishe no defence befoir the justice generall nor his deputts in quhatsumevir criminall persuitt to be intentit against thame for the crymes abovespecifit.
[A1641/8/145]*[print] [email] [cite] [preceding] [following]
Supplicatione Erle of Montrose, Lord Naper, Lairdis of Keir and Blackhall with the warrand for the libertie†
Unto the king's most sacred majestie and honorable estats of parlament, the humble petition of James, erle of Montrose, Archbald, lord Naper, Sir George Sterling of Keir, Sir Archbald Stuart of Blakhall,
Humbly sheuing,
Wheras we heave often formerly most humbly supplicatt your sacred majestie and those of the honorall estats (that since, inrespect of your majesties greatter affaires and those of the honorabill hous, we found small hopes to heave our selfs called into your majesties and ther remembrances) that it wold please your gratious majestie and those of the honorabill estats to thinke it fitt we might be inlarged upon what seurty your majestie and they outt of your great wisdomes should be pleased to thinke most expedient (according to ordinary pracktike, as by a great many particular instances already produced does clearly appeare, which, seimeing by the same curant of bussynes, we heave already beine putt by into as being also informed that your majesties affaires and those of the honorabill hous ar now tending towards ane conclusion and happy close). Our most humble desyres unto your sacred majestie and those of the honorabill estats therfor is that after so much tyme and patience we may nou, att last, be taken into your gratious majestie and ther wyse consideration be ane publike aither and present hearing (which we doe not shune, bot in all humility and confidence intreat), or if the tyme do not favor us with so much happynes, att least heave that common benefitt of inlargement according to the standing acts and practiks of this kingdome already maide to appeare, being aluayse holden to ansuer within what desynitt tyme your gratious majestie and those of the honorabill house shall thinke most fitt. Which being hitherto uncontroverted to all persons in all of this nature, your sacred majesties favorable ansuer and that of the honorall estats we most humbly expect.
16 Novembris 1641
Red in audience of his majestie and estaitts of parliament, who ordains the supplicants to be putt to libertie, they finding cautione to behave themselves in such ane quiett manner as may most conduce for the peace of the kingdom and according to the actis of parliament. Quhairin gif they failyie, the favour graunted to thame be the king and parliament to be null. And alss finding cautione to appeir before the councill whensoever they shall be required.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti†
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Supplicatioune Maistir Alexander Colvill, remittit to the exchequhair, 16 November 1641†
Unto your most excellent majestie and estaittis of this parliament, humlie schawis, I, your servitour Maister Alexander Colvile of Blair, justice depute to your majestie, that quhairas I have not onlie cairfullie attendit my chairge as justice depute at all dyettis and upone everie occasione necessar at this brughe of Edinburgh, bot have also to my great chairges bene put to continowall ryding and travell towardis and throw all the pairtis of this kingdome for the better tryell of such crymes as fall within the compas of my office and bringing in of transgressours culpable and lyable to the saidis crymes as is sufficientlie knawin to many. And tho the feis of my office war evir accustomet dewlie to be payit with the fees of the lords of the sessione, conforme to severall actis of excheker and consall grantit to me to that effect, and now since my returne to this brugh I am necessitat to undergoe many jornayis throwhout the kingdome upone recent informationes of great and attrocious murthouris, incestis and uthairs crymes, quich ar lyk to be verie trublesome and chairgeable to me, nevirtheles I have bene frustrat and delayit of payment of my dewis and feis since the yeir of God jM vjC and threttie yeiris, as tho the feis of my office war of the nature of pensiones without burding of service. Heirfoire I beseik your majestie and the lordis and estaitis of parliament upone notorietie of the premisis to give present ordour for payment of my bygane feis dew to my office and for my assureance and estaiblischement to get better payment in tymes coming. And your majestie and lord answer.
16 Novembris 1641
This supplicatione being moved to the king's majestie and estaittis of parliament, they remitt the same to the excheker.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
[A1641/8/147]*[print] [email] [cite] [preceding] [following]
[Supplication of Mr James Robertson for payment of arrears]
Bill Maistir James Robertoun, justice deput, 16 November 1641, remittit to the exchequhair†
Unto your most excellent majestie and estates of parliament, humblie representis and schawis Maister James Robertoun, justice depute, that quhair I have since November 1626 assiduouslie servit and beine imployit in the justice court in the commoun effairis of the cuntrie as one of your majesties justice deputtis, gratis, without any fie, benefeit or casualtie for my service wntill the yeir 1637, at which tyme your majestie was pleasit to grant unto me a fie of tuelffe hundreth pundis Scottis money to be payit to me yeirlie, whairof I have gotten nor can gett no payment at all but am still disapoynted of the samen, albeit the comittie of estates of parliament ordained me to be answered and payit of the samene for sume yeiris. Heirfor humblie beseikis your majestie and estatis of parliament to tak to your royall and grave consideratiounis my fyfteine bygaine compleit yeiris service for just nothing, and to give ordour that I may have payment of my four yeiris and ane halfe arrieris of my forsaid fie dew to me be my gift, and that ane settiled course be taken for my payment and menteinance in tymcumming.
And your sacred majestie and estates of parliament answer humblie I expect.
16 Novembris 1641
This supplicatione being moved to the king's majestie and estaitts of parliament, they remitt the same to the excheker.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
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Warrand to the Erle of Crawfurd for his enlargement, 16 November 1641†
To his sacred majestie and the honorable hous of parliament,
The humble petitioun of Lodovick, earle of Crawfurd humblie desyreth that your majestie and the honorable hous of parliament for his releisment of his long imprissonment, this being the last day of the sitting of the parliament. Therfoir he humblie craveth ane spedie and gratiouse answer, and sall evir remaine
Your majesties humble and obedient subject, Craufurd
16 Novembris 1641
This supplicatione being moved to the king's majestie and estats of parliament, they ordaine the supplicant to be putt to friedome and libertie, the Marquis of Hamiltone, the Erles of Argyle and Lanerk they earnestltie intreating the† kingis majestie and estaittis wald liberate the supplicant and all others who wer restrained upon the late 'Incident'.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
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Supplicatione Leuetennant Colonell Johne Monro grantit, putting him to libertie, 16 November 1641†
Unto your most excellent majestie and most honorable estats of parliament, humblie shewes Johne Monro, lieutenent colonell, that where I have beene this long time bygane prissouner in the castell of Edinburgh upon occasion of the Frenche letter, and whereas that mater hath beene fullie tryed and what hath beene my part therein, I did not expect to have beene so long keeped prissouner after tryell. And my condition is such that I am not able to endure long imprissonment without the hazard of my fortoun, being but a meane gentleman. May it thairfoir please your sacred majestie and this supreme court to commiserat my condition and to give warrant for my libertie in the way sall be found most expedient, whereanent I expect a gracious answer.
16 Novembris 1641
This supplicatione being moved in audience of his majestie and estaittis of parliament, they ordane the supplicant to be putt to libertie.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
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To the kingis most excellent majestie and honorabill hous of parliament,
Capitane Williame Stewart, hwmblie sheweth,
That quhair it is not unknawin to many of boith kingdomes the manyfold sufferingis and loisis sustened be my father and my selff in Ireland for the affectioun which we carryed to oure religioun and countrey; lykeas I my selff have served in the bygane expeditioun with als mutche diligence and fidelitie as wes incumbent to me. And becaus my said father and my selff ar to petitioun the parliament of Engleand for reparatioun of oure loisis in Ireland, as also inrespect of my paynes takin in the last expeditione whairin and everie thing els I have behaved my self as became a loyall subject and good patriot, thairfore I hwmblie beseich your majestie and this honorabill hous that I may have a recomendation to the parliament of England in favouris of my father and myself with suche testimonye to my self as your majestie and the honorabill hous shall think fitting. And your answer.
16 Novembris 1641
This supplicatione being moved to the kingis majestie and estaittis of parliament, they graunt the recommendatione thairinmentionate, and appointis the same to be drawin up.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
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Supplicatione Erle of Nithisdaill, remittit to the counsell†
To his most sacred majestie and the honorable estaitts of parliament, the humble petitioune of Robert, earle of Nithisdaill,
Humblie shoueth,
Quhairas be warrand from the estaitts of the parliament your petitioner did capitulat with Liuetennent Collonell Home and looking for no les thane full performance of what was by word and wryt beffore famous wittnesis condescendit wnto, soe it is that your petitioner haithe bene much wrongit by not performing conditiouns wnto him, and severall persounes have without all ordour or warrand intrudit thameselffs in portioune of his estait. And since the greater effaires of the parliament may not spair tyme for heiring and redressing of the same, his humble suite is that your majestie and estaitts of parliament will be pleasit to authorise and appoynt ane comittie to heir bothe your petitioner and such as he doeth complaine wpoun, and, as befitteth the honour of your majestie and the estaitts of parliament, to desyde thairin as they sall think agreeable to equitie. For the which as in dewtie bond he sall allwayes pray for manie happie yeiris to your majestie, with the continowance of peace and prosperitie to his native cuntrie.
16 Novembris 1641
Red in audience of the king's majestie and parliament, and remitted to the counsall.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti†
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Supplicatione Sir James Ramsay, remittit to the comission for the comon burdings†
To the kingis most excellent majestie and honorabill estaitis of parliament the humbill petitioun of Sir James Ramsay, collonell of horsis.
Humblie sheweth,
That quhair as it is not wnknowin to the Earle of Levin, lorde generall, and to many wtheris, of my honorabill and profitabill imployment in the French waris be the King of France, his awin particular imployment as commander of ane regiment, quhairthrow I both acquyred honor and meines; and yit for the respect I did carie to my native cuntrie, I did quyt my place and charge in France with all my bygain arrarages than due to me, amonting to the sowme of nyntein hundreth pund sterling by and attour the hopis I haid of the French king, his gratuitie and favor by his many promeisis, and did imbrace the publict service of this my native cuntrie as collonell of a regiment of horsis, be occasioun quhairof I have bein put to great charges. Quhairfoir the petitioner humbillie crawis that the kingis majestie and this honorabill parliament will be pleasit to tak the premisis to consideratioun, and to caus give ordour for reparatioun of his losis in such a way and measure as sall be thocht maist expedient. And ane gracious answer the petitioner humblie crawes.
16 Novembris 1641
Red in audience of the king's majestie and parliament and remitted to the committie for the comone burdings.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
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Supplicatione Lord Sinclare, remittit to the comission for the common burdings†
Unto the kingis most excellent majestie and honorabill hous of parliament,
The humble petitioun of Johne, lord Sinclair
Schawing,
That quhair in the beginning of thir last trowbles nothing wes thocht mor conduceable to the publict than that the haill kingdome sould be richtlie informet of the causis of thais commotiounes and brocht in the way of unnitie to joyne thair hands and hartis for redres, in which consideratioun the most remot and northerne pairtis of the kingdome war judgit most obnoxious to misinformatioun be ressone of thair distance and the inclenatioun of sum greit men haveing power in thais places, quhair upoun it wes thocht expedient that sum man sould be send thither to provene all oppositioun quhilk micht cum frome thence by giveing thame trew informatioun of the grounds and ressones of our proceidingis; as lykwayis to bring frome thence (giff possebely it could be had) ane regiment to assist the publict in the comoun caus. This imployment I wes commandit to undergo, and albeit I micht have bene deterrit be the consideratioun of the lenth, payne, danger and expensis of the voyage, both by sea and land, yit such wes my affectioun to the guid caus that I did undertak the same; and by the assistance of God, haveing overcome all the defficulteis which might flow frame the powerfull oppositioun of sum evill affectit greit persones liveing thair, or the naturall rudnes of the people hardned aganes me, I past throuche most pairt of that devisioun commitit to my chairge with such trayne and expensis as wes necessar for the publict end and my securitie, and not onlie brocht the people be trew informatioun to that conformitie whiche hathe evir since contenit thame in quyetnes and dewtie, bot did levie and bring frome thence ane compleit regiment, which hath still and yit doeth attend in the north for verie guid use and hath reliveit the publict of the greitter expensis of ane greitter regiment formerlie imployit in thais places. Heirin gif my paines have bone proffitable and my travells successull, I sall the moir easelie dispence with my greit chairges and with the many dangers I did incunter, being in the midle of ane cuntrey commandit by powerfull unfreinds, seiking frequentlie occasiounes to overthrow me and my intentiounes. Bot now sieing by the blissing of God upoune the wowsdome and fatherlie cair of our dreid soverane all our bygane troubles ar now happelie quyetid, I thocht it incumbent for me to represent thais thingis to the view of your gratious majestie and this honorabill hous of parliament.
May it thairfoir pleis your majestie and this high court of parliament to tak the premisis to consideratioun, and that I may have exoneratioune and approbatioun of my service, and that such notice and cours may be takin heirin as sall seme expedient. And I as in dewtie bound sall hairtlie pray etc.
16 November 1641
Red in audience of the king's majestie and parliament, and remitted to the comittie for the comone burdings.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
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Supplication William Dik of Braid remittit to the exchequhair†
Unto the king's most excellent majestie and honorabill estaites of parliament, the humble petitione of Williame Dick of Braid, your hienes principall taksman of your majesties customes of this kingdome,
Schoweth that in the yeire of God 1637, 1638 and 1639 yeares, quhilk was the last yeir of the tak sett to me thairof, I reallie payit the haill tak dewtie of the saids customes the saids thrie yeires to Johnne, erle of Traquaire, your majesties thesaurer. Nevertheles, the merchands and wthers, apprehending eminent dangers and troubles in these yeirs, deserted all customeable trade, only importing ammunitioune such as muskett, pick, powder, bullett, match, pretending immunitie fra all custome thairof, notwithstanding the great vantage they made thairby; and all utterlie refuised not only making lawfull entrie bot also payment of their dew customes, and, contrar my expectation and foreknowledge, wpone the eleventh day of Junii 1640 procured ane act of the estaits of parliament ordaining all sort of amunitione importit within the kingdome the said yeire 1637 and to be importit thairefter during the troubles to be frie of all customes and impositione, to my heavie prejudice and loss, without your royall majestie and estaites provyde remeide. Lykas in the tyme of the reading of the said act, I came in face of parliament and protestit against the samen, quhilk protestatione was admitted.
Quhairfor I most humblie beseike your most sacred majestie and the honorabill estaittes of parliamentt tak to your gratious consideration my reall advancement to your hienes thesaurer of the haill tak dewtie of the saids customes the saids thrie yeires and my heavie prejudice and loss be the merchands refuisall of payment of ther dew customes the saids thrie yeires, and act forsaid of exemptione of thame thairfra. And aither to grant me reall and personall executione against merchands and all wthers that hes importit any amunitione the saids thrie yeires for payment to me of thair dew customes, or wther wayes appoint me to have retentione and allowance in my hand of als meikill impost and wthers customes intromettit with and to be intromettit with be me as mey be equivalent to my prejudice and loss of the saids customes the saids thrie yeires. Quhairin your sacred majestie and honorabill estaits answer humblie I attend.
16 November 1641
Red in audience of the king's majestie and estaits of parliament, and referred be them to the exchequhair.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
[A1641/8/155]*[print] [email] [cite] [preceding] [following]
The supplicatione of John Edmonstonne, minister in Zetland†
My lordis and wtheris of this hich court of parliament, wnto your lordis humlie meines and showis we, your servitours, James Sinclair of Skalloway and Johne Edmonestoun, minister at Yell, for our selffis and in name and behalf of the cuntrie of Yetland, that quhair the said cuntrie of Yetland, being heavilie opprest be Maister Gilbert Mowat of Garth, Maistir James Mowat, his sone, Ninian Niven of Windhous and diverse wthairis, thair complices, the comon oppressoris, we meined our selffis to the committie of the estaitis of parliament in the moneth of Apryll last and obteinit ane complaint and actit our selffis for persewing thairof, quhilk we have causit trewlie execuit to this day. And as we ar informeit oure adverseris, throw thair bygain miscariage finding tham selffis wnlegall, ar seikeing ane protectioun aganis our horneingis and captioun wpon a pretext that they ar commissioneris to the parliament, but can show no laufull commissioun; and seing we ar reddie with our witnesis and all wthair probatioun, heirfoir we maist humblie beseik your lordis to have consideratioun heirof and be pleasit to caus call the said actioun and deligat ane committie of ewerie estait for heiring of our saidis grivances and examinatioun of our saidis witnesis thairupon, or tak such cours thairanent as your lordis sall think maist fitting. And in caice your lordis inclyne to grant the foirnameit persones a protectioun as pretending thamselffis to be commissioneris, we also humblie desyre to be hard to say both aganis the commission and granting of the petitioun. And your lordis answer.
[A1641/8/156]*[print] [email] [cite] [preceding] [following]
Commission for justice courts in the north, with the act for the sex score men, recomendit to the counsall and remittit by the king and parliament [...]† them [...]†
Our soverane lord, with consent of the estates of parliament, out of his fatherlie cair and ardent zeall to justice quhairthrow malefactours, delinquents and brekers of his majesties lawis and statutes within this kingdome may be punisched according to thair just demeritis, and that peceabill and guid men heirefter may leive the better in quyetnes and saiftie under his majesties royall most happie and peaceabill governement, hes thocht expedient now eftir the lait troubills and satling and estableisching of religioun with the lawis and liberties of this kingdome that circuit courts of justiciarie also be establisched within the severall shirrefdomes underwrittin yeirlie for tryell and punisching of all theiffis, sorners, robbers and ressetts thairof and uthair suspect persounes quhatsumevir or malefactours and transgressours of his majesties lawes and statutes within the saids bounds. And thairfor his majestie, with consent of the estaits of parliament, ordanes ane lettre of commissioun to be maid and past under his majesties grit seall in dew and competent forme making, nominating and constituting, lykas his majestie with consent foirsaid maks, creats, nominats and constitutes Maister Alexander Colvill of Blair and Maistir James Robertoun, advocat, his majesties justice deputs, or suche as the justice generall (if any sall be) for the tyme sall deput for the service efterspecifit, and als the uthair persounes respective undernameit, conforme to the divisioun of the tuo quorums eftirspecifit, his majesties justices be commissioun in that pairt within the ten shirrefdomes efterfollowing in maner underwrittin, viz: for the shirrefdome of Dumbartane, the Erle of Argyll and William Sempill of Fulwood, Walter McAulay of Ardingapill and Umphray Colquhoun of Balvey. For the shirrefdome of Sterling, the Erle of Mar, the Erle Argyle, the Lord Almond and Sir Lodovik Houstoun of that Ilk, George Buchanan, fear of that Ilk, and Maistir William Cunynghame of Brounhill. For the shirrefdome of Perthe, the Erle of Athole, the Erle of Perthe, the Vicount of Stormonth, Sir Robert Campbell of Glenurquhie, Sir Thomas Stewart, fear of Gairntullie, Mungo Campbell, fear of Lawers, and Maistir George Grahame of Inchebraikie and James Stewart of Ardvorlik. For the shirrefdome of Angus, the Erle of Kinghorn, the Lord Carnegie, Sir David Grahame of Fintrie, Sir Johne Erskin of Dun and Sir Alexander Carnegie of Balnamoone. For the shirrefdome of Mernes, the Erle of Merschell, Sir Gilbert Ramsay of Balmayn, Sir Robert Grahame of Morphie and James Wood of Balbegno. For the shirrefdome of Aberdein, the Marqueis of Huntlie, the Lord Gordoune, the Erle of Merschell, the Lord Erskein, the Lord Fraser, the Laird of Frenderaucht, the Laird of Drum, Sir William Forbes of Craigievar, Johne Forbes of Leslie and Alexander Straquhan of Glenkindie and Robert Farquharson of Invercald. For the shirrefdome of Bamff, the Erle of Findlater, the Laird of Frenderhaucht, Sir Alexander Abercrombie, younger, of Birkinboig, Walter Barclay of Towie and Alexander Ogilbie of Kemptcairn. For the shirrefdome of Murray (including Nairne), the Erle of Murray, Sir Robert Innes of that Ilk, the Laird of Duffois, Thomas McKenzie of Pluscardie, James Grant of that Ilk, Johne Grant of Moynes, Hew Rose of Kilraik and Alexander Brodie of Lethame. For the shirrefdome of Invernes, the Erle of Seaforth, the Maister of Lovatt, Williame McIntosche of that Ilk, James Fraser of Brey, Maistir Alexander McKenzie of Kelkowie and Duncan Forbes of Cullon. Geveand, grantand and committand to the foirnameit persounes respective and ilk quorum thairof efterspecifit conjunctlie and thair deputs for quhom they salbe answerabill his majesties full power and commissioun to the effect efterspecifit, with full power to them, or ony quorum of them conjunctlie, conforme to the said divisioun, be themselves or thair deputs in thair names (for quhom they salbe answerabill), to sett, affix, affirme, hold and how oft neid beis to continew justice courts or courts of justiciarie within the severall shirrefdomes respective foirsaid, or ony pairt thairof, als oft and sua oft as neid beis and at suche tymes and plaices as they sall think expedient, tuyse ilk yeir during the spaice of this commissioun, viz: at one tyme fra the midist of Apryll to the last day of Maii for that sessioun of the yeir, and in August thaireftir that same yeir, and to begin thairto in Apryll jM vjC fourtie tua yeirs. And to cause chairge, call and convein befor them all and quhatsumevir persounes within the saids shirrefdomes quha ar ather giltie or suspect giltie of committing thifts, depredatiounes, hairschips, murthers, fyr raising, witchcrafts, incests, adulteries and uthair odious crymes and oppressiounes quhatsumevir or quho ar denunceit rebells and fugitives from the lawis for criminall causes, thair assisters, resseters and partakers, and all and quhatsumevir persounes within the saids shirrefdomes quha ar giltie of ressetting and supplieing of the saids theiffs, rebells, fugitives and uthairs suspect persounes respective foirsaids sence the committing of the saids odious crymes and oppressiounes, or quha sall happen to supplie, maintein or ressett them and thair complices or ony of them thairefter, to underly the law for quhatsumevir crym or crymes committit be them and to proceid thairin conforme to the ordour uset befor the justice generall and his deputs. And for that effect to chairge them by precepts and lettres of horneing to underly the law within sex dayis nixt efter they be chairget thairto under the paine of rebellioun, and to chairge them be oppen proclamatioun at the paroche kirk of the parochin quhair they use oftest to resort upon ane Sunday before noon and at the mercat croces of the shirrefdomes quhairin also they use oftest to repair; quhom† form of sitatioun is heirby declairit to be als sufficient as if they and everie ane of them wer chairget personallie apprehendit. And in caice they failyie, to denunce them to the horne, and in caice of compeirance, to put them to ane assyse and to do justice upon them ather be death, banischment or ony uthair wayis quhatsumevir as thair crymes do merite and deserve, alsweill in lyff, lands as guids conforme to the lawis of this kingdome sicklyk and in als ample and frie maner as ony of his majesties justice generalls or justices be commissioun within this kingdoms hes bein in use to do, use and exerce of before be vertew of thair commissiouns and offices in that pairt at one tyme bygane or may do heirefter be vertew thairof in ony tymecuming; assyses, ane or mair as neid beis, to sumond, chairge, choose and cause be suorne and to cause chairge the saids assysours to attend upon the saids justices be commissioun during the sitting of the saids justice courts; to pase upon the saids malefactours and uthair suspect persouns respective foirsaid, thair assyses, ilk persoun of inqueist under the paine of ane hundreth merks toties quoties as they failyie; suts to cause be callit; absents to unlaw and amerciat; transgressours to punische; clerks, serjands, dempstars, procurator fiscalls and all uthairs officers and members of court neidfull to mak, treat, constitute and cause be suorne; decreits, judgements, rolments, acts, testimonies, precepts and uthair wryts necessar thairupon to give out and the samyn to dew and lawfull executioun cause be put; escheits, unlawis, amerciaments and uthair dewties and accidences quhatsumevir of the saids courts to exact, uplift and ressave and to apply sua mekill thairof to thair awin proper use as will bear thair chairges in prosequiting of the premisis, and to be comptabill for the restand superplus if any be to his majesties thesaurers of excheker or any quhom they sall appoynt for that effect; and, if neid beis, to poynd and distrenyie thairfor be thair awin decreits and precepts of poynding as accords. And als with power to the saids commissiours or ony quorum thairof to cause summond all pairties necessar within the foirsaids shirrefdomes to cum in and find sufficient cautioun and souertie for keiping of the king's peace intymecumming, exceptand alwayis fra this all these quha ar denuncit his majesties rebells for any criminall cause quhatsumevir. With power also to them if neid beis to remit and pardoun quhatsumevir persoun or persouns convenit befor them if they think the samyn may conduce for the peace and weill of the countrie, provyding the saids persouns be not denuncet rebells for any criminall cause of befor; and als with this conditioun alwayis: that the saids persounes give and find sufficient cautioun and souertie for satisfactioun to all pairties damnifiet be them and for thair guid behaviour in tymecumming. And generallie all and sindrie uthair things to do, use and exerce anent the premisis sicklyk and als frielie in all respects as ony uthair of his majesties justices be commissioun or justice generall heirtofor or thair deputs hes bein in use to do in the lyk effairs at ony tyme bygane or may do in tymecumming be vertew of thair offices in that pairt, promitten to hold firme and stabill all and quhatsumevir things his majesties justices in that pairt foirsaid or ony quorum of them in the dew and lawfull executioun of thair offices in that pairt in the premisis richteouslie dois, but prejudice to his majesties advocat and justice clerk of thair offices and plaices in the saids justice courts and of thair priviledges thairof, quhilks sall not be prejudget be vertew heirof; with this provisioun alwayes and no uthrwayis: that if his majesties said advocat and justice clerk sall not have deputs under them being advertised of the dyetts thairof be the spaice of tuentie dayis of befor to attend the foirsaids commissioners in the executioun of the foirsaid commissioun, than and in that caice it sallbe lawfull to them and ilk quorum of them to choose thair awin procurator fiscalls and clerks in the premisis in maner foirsaid. And it is heirby declairit that the foirsaids commissiours sall devyd themselves in tua severall quorums as they think most expedient, haveing alwayis ane of the foirsaids justice deputs or suche as sall be deput under them in thair place present at ilk quorum at the expeditioun and executioun of the foirsaid service. And that the foirsaid commissiours and justice deputs may accept of the foirsaid commissioun upon them and mak faith de fideli administratione, his majestie and estaits of parliament ordanes them to meitt and convein at Perth the [...] day of [...] nixt, ilk persoun under the paine of [...] incaice of failyie, to the effect they may resolve upon thair divisioun and making of the foirsaids tua quorums, and thairefter to tak suche course for thair proceidings in the premisis as may best conduce for the weill and guid of the foirsaid service. Lykeas the saids commissiours and justices sall be haldin to report thair proceidings and dilligences to be done in the premisis conforme to the tenour of the foirsaid commissioun, and that to his majesties secreit counsall tuyse ilk yeir efter the foirsaids termes prescryvet for holding of the saids justice courts. And becaus it is thocht expedient that sexscore men sall be leivied for attending and assisting the executioun of the foirsaid commissioun, alsweill for inbringing of malefactours and uthair suspect persounes to underly the law in the foirsaids justice courts as for putting the sentences thairof to dew and lawfull executioun, thairfore his majestie is heirby graciouslie pleased, with consent of the estaits of parliament, to cause his majesties thesaurars and uthair commissiours of excheker pay the chairges and expensis of the saids sex score men during the haill tyme of the said service out of the first and reddiest of his majesties rents and casualities payable to his majestie in excheker, and ordanes thir presents to be ane sufficient warrand to them for that effect. And to the effect it may be knowen quhair the saids rebells, theiffs and uthairs suspect persounes respective foirsaid uses oftest to resort, his majestie and estaits of parliament ordanes everie heretour within his awin bounds within the severall shirrefdomes abovespecifit to give up in roll the names of all theiffs, sorners and uthair suspect persounes to the saids commissiours in thair awin severall schyres, and lykwayis give up ditte to them conforme thairto as they will be answerabill upon thair perrell under all hiest paine and chairge that efter may follow; and thairefter the saids commissiours sall be haldin to give up in roll the names of the saids persounes, quhat they ar and quhair they duell and resort, and that to the commissiour quho sall have chairge for bringing in of the saids broken men to be punisched according to thair just demeritis. And the foirsaid commissioun sall endure to the nixt parliament or soner if the samyn be expreslie dischairgit, athair be his majestie, parliament and secreit counsall. It is alwayis heirby declairit that this present commissioun sall nowayis be extendit to the bounds or ony pairt quhairof the Erle of Argyll is heretabll justice be his infeftment holdin of the kingis majestie ratefied in parliament [...]† the saids haill bounds ar and sall be expreslie excepted and reserved furth heirof. And it is declairit that [...]† nothing conteined thairin salbe prejudiciall to his majesties justice generall, his power, libertie and jurisdictioun competent to him [...]† of his plaice and acts of parliament for making and constituting of justice deputs in the samyn justice courts and justiciars. And his majestie and estaits of parliament ordanes the foirsaid lettre to be further extendit heirupon in the best form with all clauses neidfull, and doeth heirby give command to the directour of his majesties chancellarie to wryt out the said lettre upon they presentis to the grit seall gratis, and to his majesties heiche chancellar to caus append the said great seall thairto, also gratis, without passing of any uthair sealls or registers. And this presentis sall be ane sufficient warrand to them for that effect.
16 Novembris 1641
This commissioun being moved to the kingis majestie and estaittis of parliament, they remitt the same to the secreit counsale with this declaratioune: that whatsoever the counsale shall conclude and inact thairin shall haif the authoritie, force and validitie of ane act of parliament.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
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Comission for leveing of sex score of men†
Our soverane lord and estaits of parliament, considering the necessare great and weghtie causis for the quhilk his majestie and estaits of parliament hes given commissioune to certaine of his majesties nobilitie and uthairs in the northeren and west pairts of this kingdom, tending to the guid, peace and quyet thairof and for repressing of the barbarous insolencies daylie aryseing and comittit thairin, viz: within the shirrefdomes of Dunbartane, Stirling, Perth, Angus, Meirns, Aberdeen, Innernes, Bamff and Murray (including Nairne), in the quhilk expeditioune it is thoght expedient that sex scoire men sall be levieit for attending and assisting the executioune of the said commissioune, alsweill for imbringing of malefactours and uthairs suspect persounes to underly the law in the justice courts to be affixt and sett be the saidis commissionars for that purpose as for putting the sentences thairof to dew and laufull executioune. And his majestie, haveing experience of the fidelitie of [...], and that he will hazard and perill his lyff, fortune and estait in his majesties service, thairfoir his majestie, with consent of the estaits of parliament, ordaines ane lettre of commissioune to be maid and past under his majesties great seall in dew and competent forme, makand, constituand and ordaineand, lykas his majestie, with consent foirsaid, makes, constituts and ordaines the said [...] his majesties commissionare in that pairt within the bounds foirsaids of the saids shirrefdomes of Dumbartane, Stirling, Perth, Angus, Meirnis, Bamff, Abirdein, Invernes and Murray (including Nairne) to the effect underwrittin, giveand, grantand and comittand to him as his majesties commissionare full pouer, warrand and commissioune to raise and convocat the said sex scoir men, and farder if neid beis, within the saids shirrefdomes, weill armed and provydit with all kynd of armour and with guns, hagbuttis and pistolls and to prosequut with all hostilitie all and quhatsumevir persounes within the saids shirrefdomes quha are guiltie or suspect guiltie of committing thifts, depredatiounes, hairschips, murtheris, fyreraiseing and uthair odious crymes and oppressiounes quhatsumever or quha are denunceit rebells and fugitives frome the lawis for criminall causis, thair assisters, partakers and ressetters and all and quhatsumevir persounes within the saids shirrefdomes quha are giltie of ressetting and supplieing of the saids theives, rebells and fugitives and uthair suspect persounes respective foirsaid since the committing of the saids odious crymes and oppressiounes, or quho sall happen to supplie, mantein or resset thame and thair complices or any of thame thairefter, and to bring in the saids persones to the saids justices conteineit in the foirsaid commissioune to underly the law for the saids crymes at such tymes and places within the foirsaids shirrefdomes as the saids commissioners sall think expedient in maner and to the effect conteineit in the foirsaid commissioune. And if the saids rebells, fugitives and uthairs suspect persounes respective foirsaid or any of thame flie to strenths or housis be warlick ingynes then, and in that case, to sett fyre thairto or uthairwayis be himselff or uthairs in his name to beseidge thame, force and compell thame to render the samyn. And if it sall happen the said [...] or his companies or followers to tak any of the saids theiffs, sorners, rebells and fugitives and uthairs persounes respective foirsaids and thair assisters and partakers, with pouer to him to put tham in waird and prisone within the saids shirrefdomes till justice be done upon thame or uthairwayes to bring thame to the saids commissioners or justices mentionat in the foirsaid commissioune, that justice may be done upon thame conforme to the lawis of the kingdome. And if it sall happen any bluid, slaughter, mutillatioune or any uthair hurt, damnage or skaith to be done be the said [...] or his companyes or followers in the executioune of the foirsaid commissioune, his majestie and estaits of parliament declairs that the said [...] and all that sall happen to ryse with him or be in his company dureing the tyme of the said service, they, thair airs nor executors sall incurr no skaith nor danger in thair bodies, lands, guids, geir nor possessiounes be the prosequuting of the saids rebells, delinquents and uthairs foirsaids nor for quhatsumevir slaughters, mutilatiounes, spulyies or intromissioune with their guids and geir quhilks sall happen to be done be vertew of the foirsaid commissioune, nor for fyre raising, bearing and wearing of hagbutts, gunns and pistolls, that they and evrie ane of them sall be free and dischairgit thairof for ever. And generallie with power to the said [...] and his companyes and followers foirsaids to doe, use and exerce all and evrie thing quich to the office of his majesties commissioner belongs to be done in the premisis within the bounds foirsaids. And thir presents sall endure ay and quhill the samyn be expreslie dischairgeit be the king's majestie, parliament or secret counsall. And his majestie is graciouslie pleaseit, with consent of the estaits, that the foirsaid commissionare and sex scoir men sall be entertained upon his majesties chairges ay and quhill the dyet of the foirsaids circuit courts, and thairefter they sall be entertained upon the superplus and rest of the fynes and unlawis of the saids courts if any be over and above that quhilk payes the commissionars chairges in the foirsaid expeditioune. And if the said superplus will not pay the entertainment and chairges of the said commissionare and sex scoir men, than and in that caice they sall have thair pay out of the first and reddiest of his majesties rents and casualities in excheker and that the thesaurers and commissioners thairof and at thair modeficatioune, and thir presents sall be ane sufficient warrand to tham for that effect. It is allwayes heirby declaireit that in caice the said [...] or any of his company or followers happen any wayis to hurt, damnifie or prejudge any of his majesties frie leidges within the bounds foirsaids in their lands, rents, guids or geir dureing the space of the foirsaid commissioun, than and in that caice the said [...] sall be halden to restoir the samyn to the saids persounes with all thair los or skaith susteinit be thame thairin, and that upon thair complaint to be given in thairanent. And that the said lettre be further extendit in the best forms with all clausis neidfull, commanding heirby the directour of his majesties chancellarie to wrytt out the said lettre upon thir presents to the great seall gratis, and to his majesties chancellour to caus append the said great seall thairto, also gratis, without passing any uther sealls or registeres. And thir presents sall be ane sufficient warrand to tham for that effect.
16 Novembris 1641
This commissione, being moved to the kingis majestie and estaittis of parliament, they remitt the same to the secret counsale with this declaratioune: that whatsomever the counsale shall conclude and inact thairin shall haif the authoritie, force and validitie of ane act of parliament.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti†
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Act anent the taking order with rebells and brokine men, remittit to the counsall†
Oure soverane lord and estates of parliament, considering the great and heavie prejudice susteinit be ane great number of his majesties subjectis quha haveing obtenit decreitis and sentances befoir the judges compitent, aither in civill, criminall or uthair lawfull judicatories, and haveing useit all executioun thairupon compitent of the law be horning, captioune and lettres of treasoune for delyverie of thair housis and notwithstanding thairof the persounes againes quhom the samen decreittis and executioun is useit standis and abydes out contumaciouslie and rebelliouslie, to the great contempt of his majesties royall auctoritie and evill example to utheris to comitt the lyk, for remeid quhairof his majestie, with consent of the saids estates of parliament, ratifies and approves all actis and lawes maid againe fraudulent dispositiounes in prejudice of lawfull creditoris, and declares that the not possessioun of debtoris or peyment making to thame or to thair behuiffe of thair gudes, fermes or uthair dewties is altogether fraudfull, and that thair lawfull creditoris hes just rycht thairto, notwithstanding of peyment maid to thame or uthair interposit persones to thair behive and may recall and persew for the samyn. And findis and declares that quhair lettres of treasoune ar execut at the instance of the creditor againes his debtor in a civill cause for not peyment of money or for not observing of such deidis as he is tyed to be band, decreit or uthair wayes, that then and in that caice the creditour, his aires and assignais sall have rycht to the double of the haill sowmes principall, penalties and annuellrentis conteinit in his decreittis quhair the sowmes ar liqueid, and to the doubill of the awaill of the heidis and oblischmentis quhairupon decret is given quhair the samen ar not liquidat, and als to the annuellrentis of the saids liquidat sowmes and of the awaill of uthairis heidis and obleischmentis of all yeires and termes efter the executioun of the saidis lettres of treasoune and dissobedience thairof and yeirlie thairefter ay and quhill the obteineris of the saidis decreittis be fullie satisfeit and thair decreittis with the double thairof fulfillit to thame as said is. It is alwayes provydit that the said double is and salbe onlie in thaise caices quhair the principall sowmes or worth of uthair deidis contenit in the saidis sentances does not exceed the sowme of fyve thowsand merkis of money, bot gif the samen exceed, in that caice the said sowme of fyve thowsand merkis of money or worth forsaid being doublit it salbe in the pouer of the lordis of secreit counsall or sessioun (befoir quhom the maiter salbe drawin in questioun) to modifie such sowme or sowmes by and above the said sowme of fyve thowsand merkis and worth forsaid as they sall think fitt to be peyit or performeit to the pairtie at quhais instance the saidis decreittis ar obtenit, according to the proportioun of the sowmes or worth forsaid in sa far as the samen exceides the said sowme of fyve thowsand merkis and worth thairof proportionallie and pro rata, with this declaratioun: that everie fyve thowsand merkis or worth thairof salbe doublit and the modificatioun to be for and in respect of the extent sa far as it exceides fyve thowsand merks or worth thairof. And ordanis the lords of sessioun to direct lettres of horning, poynding, compryseing and all uthair executioun necessar for peyment or performance of the saids double and annuellrentis thairof quhair the samen exceidis not fyve thowsand merkis as said is and of sic uthair sowmes as salbe modifeit in maner forsaid, proportionallie quhair the samen exceidis fyve thowsand merkis or the worth of fyve thowsand merkis, and that in favoris of the obteineris of the saids decreittis, thair aires and assingais. And for the greater terror to the saids persones quha dissobeyis the lettres and charges of treassoun, quhither in civill or criminall causis or in maiteris of ryot persewit befoir the lordis of secreitt counsall, it is declairit that the pairtie againes quhom lettres of treasone salbe direct and dissobeit be him salbe accomptit as denunceit rebell for a cause quhilk of the nature is criminall; and gif he sall happin to be slaine or mutilat, that the said horning being objectit be way of defence sall liberat the partie accused. And als it is declared that the shirreffis of the schyres within the quhilks the pairties swa rebellious dwells sall tak the saids rebells housis and keipe the samen and intromet with thair rents and dewties and mak compt and peyment to thair creditoris thairof, deduceing of the first and readiest of the saids debtoris gudes, rentis and dewties the ordinar charges and expensis that sall happin to be bestouit in the service in taking and keiping of the saids housis and uplifting of the saidis rentis. And gif the shirreffes be not abill to tak the saids rebells housis and mell with thair rentis and tak thair persones, than to requyre the barrones, gentlemen and inhabitantis of the said shirrefdome to concure with thame to tak the saids rebells and thair housis and to present thame to the lords of secreit counsall or put thame in the nixt and surest jayle till the counsall be advertesit. And gif the inhabitantis of the shirrefdome being requyred refusis, they salbe punischit thairfoir be the lordis of secreit counsall and underly the paines contenit in the actis of parliament. And gif the shirreffe of the shirrefdome with the assistance of the inhabitantis be not abill to sease upon the saids rebells and thair housis, it is declareit that the lords of secreit counsall upon the supplicatioun of the parties intrest sall give command to the nixt and contigwis shirrefdomes and inhabitantis thairof to assist thame in the executioun of the premisis. And als that gif cannon or munitioun be requiseit for breaching and intaking of the saids housis, that the lords of secreit counsall sall upon petitioun forsaid give comand or warrand to the keiperis of his majesties castells to furnisch such ammunitioun as the lords of secreit counsall sall think fit. As also statute and ordanes that gif by violence the saids debtoris sall esceape from the saids shirreffes and uthairs forsaids or sall resist his hines officiaris in executioun of thair office, then and in that caice thay salbe lyabill to simple forfaltrie of lyff, lands and guds, and that thair associats, partakeris and assisters salbe subject to the lyk punischment and that thair not comperance befoir the ordinar judge salbe na stope to the said proces. And this present act to be extendit als weill againes all thaise that have dissobeyit and contemnit the lettres and proces of treasone forsaid since the begining of his majesties regine as in all tyme cumming.
16 Novembris 1641
This being moved in audience of his majestie and estaittis of parliament, who remittis the consideratione heirof and to tak cours heirin to the secreit counsale.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
At Edinburgh, 8 Marche 1642
The lordes of privie counsell having taken the act [within] written to ther consideration in respect of the [reference] therin [contenit], appointes the Earle of Southesk and lord advocat to consider of the [within] written, and what they thinke fitt either to adde or change therin to report ther opinion theranent to the counsell with the first convenience.
Loudoun [...], I[n] p[raesentia] d[ominorum]†