[1643/6/48]*[print] [email] [cite] [preceding] [following]
Forsameikle as the lord chanceller haveing represented to the conventioun of estaits the present conditioun of the annuities and craved thair advyse tutcheing his future cariage in the uplifting and disponeing the same, conforme to the commission grantit to him under the greate seall, and the same being remitted to the consideration of the severall estaits, they thoucht fitt that a committie should be appoynted for that effect, and thairfoir the estaits nominattis and appoyntis the earles of Dumfermeling, Lauderdaill, Lindsay, Balmerinoch, the lairds of Dunipace, Lag, Broddie and Dundas and the commissioneres of Edinburgh, Lithgow, Aberdein and Irveing to consider the propositioun foirsaid geven in be the lord chancellar, and quhat shall be shawin for instructing thairoff, and to report what they shall think fitting to thair judgement to be further done concerneing the samen.
[1643/6/49]*[print] [email] [cite] [preceding] [following]
Forsameikle as George Jamesoune, provest of Couper, hes heirby at the desyre of the estaits undertane to furnish and transport with all convenient diligence (wind and weather serveing) for the use of the Scottish airmie in Ireland the number of thre thowsand bolls good and sufficient oat meill betuixt and the tuentie day of this instant and† furthest, and binds and obleis him, his aires and executores to caus the same be delyverit at Carictfergus in Ireland to any persoune or persounes who shall have publict warrand to resave the same; and that be measureing thre bolls mealle out of the shippes loading with the prick firlott of Leith, on[e] to be takin towards the upmost pairt of the ship, the second towards the midle and the thrid toward the bottome of the ship, whilk thre bolls being weyit, the haill victuall of that ship loadning to be resaved, weyit and delyvered according to the weicht theroff. Whilk victuall foirsaid the estaits obleidses them to cause resave with all diligence at Carictfergus within fyftein dayes at the furthest efter the aryveing of the shippes, with the same or any part theroff; and shall immediately efter the recept theroff pay the frauchts to the skipperes as the said George Jamesoune or his factoures shall direct, and quhilk is to be allowed to the said George in pairt of payment of the pryce of the said meale. Lykeas the saids estaits obleidses them to beare the hazard of piracie and shipwraik of the said meale and ship transporting the samen, that incaice (quhilk God forbid) anee ship or bark laidned with the said meill or any pairt theroff shall happin to perisch, losse, be suppressed or takin with pyrratts or enemies, or driven a shore, what ever losse or skaith the said George or skipper sall happin therby to sustein in ship or goods (it being in ther awin default), the estaits binds them to pay the same. As also binds them to pay unto the said George, his aires, executores or assignayes the sowme of sextein merks Scottis for ilk boll of the said mell betuixt the day and dait heiroff and the time of Candlemes nixtocum, togidder with the sowme of sex hundreth, auchtein pund halff merks for ane quarteres annualrent fra Martymes nixt to Candlemes, and the ordinarie annualrent theroff sua long as the samen or any part theroff shall remane wnpayit efter the said time of candlemes. Sic subscribitur, Loudoun, cancellarius, I.P. conventionis. George Jamesone
[1643/6/50]*[print] [email] [cite] [preceding] [following]
The just lyk act made with Mr Robert Gordoun and the estaits for furnisching nyne hundreth boll ait meill at saxtein merk the boll, to be payit at Candlemes with ane quarters anuell. Sic subscribitur, Loudoun, cancellarius, I.P.D conventionis. Robert Gordoun
[1643/6/51]*[print] [email] [cite] [preceding] [following]
Forsameikle as Capitaine James Rosse, master of the ship callit [...], Johne Harper, master of the ship callit [...], and James Lawrie, master of the ship callit [...], are imployed for caryeing over to Ireland certane quantitie of victuall for the use of the Scottis airmie thair, and quheras perchance they may rancounter in this voyage with some of these Irisch and Dunkirk frigotts who have so much infested his maties good subjects of this kingdome, and will no questioun labour in lyk maner to persew them, if thei shall not be of sufficient strenth and have warrand against them, thairfoir the estaits of this kingdome presently conveined gives heirby warrand and commissioun to the saids capitanes James Rosse, Johne Harper and James Lowrie to furnisch thair saids shippes with men, victuall, artailliarie greate and small and all uther necessarie the best they can, and to repair with all convenient diligence to Knokfergus in Ireland with the said meale, and thare delyver the samen to such as shall have publict warrand to resave it. And if in his goeing thither or returne againe he shalbe persewed or rancounter with anie of the said Irisch or Dunkirk friggotts, with power to them to defend themselffis, shippes, companies and goods the best way they cane; and for that effect, to follow and persew them with all maner of hostilitie, and to apprehend, sink or destroy them and use them as profest enemies to his matie; and such of them of thair shippes as thei shall happin to apprehend, to mak the samen furthcumand to be disposed of as the estaits shall think fitting. This commissione only to indure in this thair voyage to Ireland and returne againe.
[1643/6/52]*[print] [email] [cite] [preceding] [following]
Forsameikle as the commissioneres of the burrowes of Glasgow, Ayre and Irveing have at the desyre of the estaits advanced the sowme of fyve thowsand merkis for outreiking tuo shippes in the west against the Irisch and Dunkirk friggottis and beareing of the cost betuixt this kingdome and Ireland, and the estait finding it necesser that they be tymeouslie releived thairoff, doe thairfoir declair that they shall have allowance and assigne to them so much of that pairt of the loane that is to be payit be the saids burghes as will sufficiently releive them thairoff; and for that effect, ordaines the magistrats of the foirsaids borrowes to mak payment of the foirsaid sowme to the saids commissioneres for thair releiff of principal and annualrents out of the first pairt of the loane dew by the saids burghes.
[1643/6/53]*[print] [email] [cite] [preceding] [following]
Anent our soverane lordis letteres raiseit at the instance of Sir Thomas Houp of Craighall, his maties advocat for his mates entres, and Alexander Jaffray, baillie of Aberdein, and Johne Jaffray, his brother, provest, baillies and counsell of Aberdein for thair entresses, makand mentioun that quher the disaffectioun of Sir Johne Gordoun of Haddo to the goode of kirk and common wealth this long time bypast is not wnknawin to the noblemen and comissioners of the estaits presently conveined, wheroff the burgh of Aberdein hes fund many greivous prooffes and experiences, of which the particular following is not on[e] of the least, namelie: upon the tuentie day of May last Thomas Hay, servant to the said laird of Haddo, haveing cruellie wounded almost to the death Alexander Barnett, fermorer in the said toun, the said Alexander Jaffray, baillie for the tyme, out of the duetie of his place, causeit apprehend the said Thomas (but in a verie discreit way) and keipit him in firmance in the Laich Counselhous till he should find cautione for observeing his maties peace and answering to the wrong; and upon this cautioune, within four houres, set him frie. And albeit the said baillie, his courteous dealling thairin, deserved thankfull acknowledgement from the said laird of Hado, nevertheles, shortlie therefter, he, accompanied with a great number of his friends, followers and servants, came to the mercatte croce of Aberdein, to have fund and affronted the baillie ther, but missing him, he fell out in oppen railling, sweareing with greate othes that he wald goe and tak the baillie out of his awin house and thair tak ordour with him, thairefter shott pistolls and gunes at the croce, and hes ever since herboured ane deip rancour and malice against the said baillie, with a resolutione upon his best advantage to tak his lyffe. For quhilk purpose, understanding that upon the first of July the said baillie and his said brother had bein at the buriall of Mr Patrik Gordoun of Bracco at the chappell of Garioch, the said laird, accompanied with Johne Gordoun, James Schand, William Halyburtoun and another Johne Gordoun, his servants, all airmed with swords, gunes and double pistolls, and awaited from† the baillies returne from the buriall in the toun of Kintore. And howsowne they perceaved him rydding by, the said laird and his compleices foresaids followed on horsebak, and howsowne he came neir, he said to the baillie, 'Knave, how durst thow be so pairt as to put my man in waird'. And with these words, he gave him diverse stroakes (or he was awar) over the heid with a tree. Thairefter first bended and fired ane pistoll, then another to his breist, which happilie misgave; then tooke another pistoll from on[e] of his servantis and shott the same at the baillie, but the providence of God diverted the bullett. And so haveing spent all his shott without his desyreit successe, then the said laird and all his men drew thair swords and cruellie pursewed the baillie and his said brother of thair lyffes, wounded the baillie on the head to the effusioun of his bloode and hazard of his lyffe, and his brother on the left airme, quhilk be appearance wilbe muttellatt. And when as the said Andro Birnie reproved the said laird for this base and foull attempt against a magistrate for dischairge of his office, telling him that the estaits wer sitting and wald tak notice thairoff, he proudlie and disdainfully answerit he caired not for the saids estaits: he hoped to sie a change shortlie and to be avenged upon all his enemies. And he hes laitlie since sent diverse bad words to the said baillie, threatning that if he would not be content that the bussines wer tane up at home, but would insist befoir any judge quhatsomever, that he should come and tak the baillie out of his awin house and use him in another way nor he hes yet done. And farther he and the said Johne Schand, his servant, hes vowed if the said laird be trubled for this mater, that the said baillie, nor nane that belangs him, shalbe able to keip the sommer mercattis. Wherin the saids estaits doe cleirly perceave ane extraordinare contempt with ane heich hand done to authoritie in generall, and to the magistrats of Aberdein in particular, be the said laird of Haddo, the impunitie wheroff will not faill to animate him and others of his lawles dispotione to goe on in the lyk or worse affronts of justice to the breache of the peace of the cuntrey and contempt of the authoritie. And anent the charge geven to the said Sir Johne Gordoun, Johne Gordounes, younger and elder, William Halyburtoun and Johne Schand, to have compeired presently befoir the saids estaits at a certane day bygaine, to have underlyen thair deserved punischment for the saids proud attempts, under the paine of rebellioun and putting them to the horne; with certificatioun to them and thei falyed letters sould be direct simplar to put them thairto, lykas at mair lenth is contained in the saids letters, executiounes and indorsatiounes thairoff. Whilks being called, and Patrik Leslie, provost of Aberdein, compeirand presently for himselff and in name of the baillies and counsell of Aberdein, and the said Alexander Jaffray compeirand personally for himselff and Johne Jaffray, his brother, who was excuset by a testimoniell of his seiknes; and the saids defenderes being often tymes called and not compeirand, the reasounes proponed be the perseweres, togidder with the depositiounes of certane persounes produced be them, purged of partiall counsell, sworne and admitted as witnesses in this mater, being red, hard and considered be the saids estaits, and they advyseit thairwith, the saids estaits find and declaire that the said laird of Haddo caried himselff in a most insolent and bragging way in the toun of Aberdein by shooteing of pistolls when his servant was committed for the wrong to be cleired, and that upon the first of July last the said laird of Haddo, Johne Gordoun, younger, William Halyburtoun and Johne Schand pursewed the saids Alexander Jaffray, baillie, and John Jaffray, his brother, as they wer comeing from the buriell abovementionat; and the said laird of Haddo strak the baillie over the heid with a trie and fyred tuo pistolls at him, quhilk misgave, and shot the third, quhilk missed, and then gave him a stroake on the heid with a suord, to the effusioun of his bloode; and wounded the said John Jaffray on the airme with ane drawin sworde; and that thairby they have committed ane greate insolencie and hich offence against authoritie and of dangerous consequent. For the quhilk, ordaines letters to be direct chargeing the said Johne Gordoun of Haddo, Johne Gordoun, younger, his servant, Williame Halyburtoun and Johne Schand to enter thair persounes in waird within the tolbuith of Edinburgh, thairin to remaine upon thair awin expensses till ordour be taken with them for the said insolence be the saids estaits, within fyftein dayes efter the charge under the paine of rebellione; and if they falye, to denunce. And farder the saids estaits fynes the said Johne Gordoun of Haddo in the sowme of 10,000 lib. to be payit to Williame Thomsoune, comissere of the airmie in Ireland, or Johne Jossie, his deput, for the use of the publict, to be imployed be order from the saide estaits. As also fynes him in the sowme of 5,000 merks to the said Alexander Jaffrey, baillie, and his said brother; and ordaines letters to be direct heirupon, if neid beis, in forme as effeires; and modifies tuentie pundis to every witnes being a horseman, and ten pund to the footemen, to be payit be the producer, becaus the said complaint, being admitted to the perseweres probatione, and diverse persounes being producet be him, resaveit, sworne and admitted as witnesses in this mater, they have sufficientlie verifeid and proven the said complaint in manor as is above fund and declaired, for the quhilk cause the estaits have decerned, ordained and modified as said is.
[1643/6/54]*[print] [email] [cite] [preceding] [following]
Forsameikle as anent the charge given be warrand of the estats to James, lord Ogilvie to have compeired personallie before thame this present day, provydit to have fund sufficient caution for keeping of the peace and behaveing himselfe in a peacable and quiet way, conforme to the lawis of the kingdome, and to have hard and seene suche order tane for the good and peace of the kingdome as the estats sould thinke fitting, under the paine of rebellion and putting of him to the horne, with certification to him if he failzied, letters sould be direct simplar to putt him therto, lykeas [as] at more lenthe is conteaned in the said warrand, executions and modifications therof. Quhilks being callit and the said James, lord Ogilvie not compeirand, being oftymes callit, the estates ordans letters to be direct to denunce him his maties rebell and putt him to the horne and to esheit etc.
[1643/6/55]*[print] [email] [cite] [preceding] [following]
Forsameikle as George, marqueis of Huntlie, being charged be warrand of the estait to have compeirit personally befoir them this present day, provydeit to have fund sufficient cautioune for keiping the peice of the kingdome, and to have hard and sein such course tane theranent as the estaits sould think fitting, under the paine of rebellioun and putting of him to the horne; with certificatione to him if he falyed, letters should be direct simplar to put him thairto. And the said marqueis of Huntlie being oftymes callit and not compeirand personally conforme to the charge, the estaits thairfoir hes ordanit letters to be direct to denunce him rebell and put him to the horne, and continowes the outgiveing thairoff till the 25 of this instant, that if he compeir betuixt and that day, he may be yitt hard thairupon. And for shuning all pretexts of excuses for his not appeirance, the estaits doeth heirby give unto him thair warrand and protectione to be wntrubled in his persoune for the space of ten dayes befoir the said 25 of August instant and for the space of ten dayes efter the samen, dischargeing in the meane tyme all his maties judges, officeres and ministeres of his lawes to burgh and land of all taking, apprehending, wairding or areisting of the said marqueis of Huntly be vertew of anie hornings, captiounes or uther warrand quhatsomever, dischargeing them thairoff and of thair offices in that pairt dureing the space foirsaid.