Octava dies parliamenti †
[1644/6/34]*[print] [email] [cite] [preceding] [following]
Prayers said, rolles called.
Forsameikle as the estates of parliament, presently conveend be vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641 yeires, haveing tane to ther consideration the motione proponit in parliament be the lord chancellour anent the conveniency or not conveniency of the sitting doune or not sitting doune of the sessione at any tyme in this summer sessione 1644, findis that ther can be no sessione at this tyme usefull for the leiges, baith in respect of the present sitting of the parliament quherof the ryseing is uncertane, so that the remanent tyme of the summer sessioun not spent in the parliament wilbe short, and also in respect of the present pouster of the kingdome throw the troubles and commotiones therintill; and therfore and to the effect the haill leiges haveing to doe in sessione may be put in certantie and fred fra unproffitable attendance or expectatione of ony sessioun at this tyme, the saidis estates continowes the doune sitting of the sessioun whill the first day of November nixtocome, and ordeanes ane act to be made heirwpoun and publict proclamatione to be made heirof be sound of trumpet at the mercate croce of Edinburghe, continoweing and superseiding the doune sitting of the sessioun quhill the said first day of November nixtocom jM vjC forty four yeeres instant.
[1644/6/35]*[print] [email] [cite] [preceding] [following]
Forsameikle as the estates of parliament, now presently conveind be vertew of the last act of the last parliament haldine be his matie and the thrie estates in anno 1641 yeires, being informed and wnderstanding that ther wes ane meiting of the committy from the estates appoynted to have bene keeped at Aberdene the tuenty day of Junii instant, to the quhilk day and place ther wes sindrie persones within the sherefdomes of Aberdene, Bamff and Kincardine ordeanit and appoynted to compeir and be present before that committie the said day and place, and now the estates considering that the foirsaid tuenty day of Junii cannot be conveniently keipit be the said committie from the estates in respect of the present sitting of the parliament and of the important bussiness and materes conserneing the good and peace of the kingdome quhilkes are to be handled in parliament, therfore, and to the effect that all those haveing interest and who are ordeanit to compeir and be present the said tuenty day of Junii instant at Aberdene be not put to useles travell and paines to keip the said tuenty day of Junii instant, the saidis estates continowes and superseidis the meiting of the foirsaid committie fra the estates for the saidis shirreffdomes of Aberdene, Bamffe and Kincardine whill the ellevint day of Julii nixtocome, at the quhilke day ordeanes the samene meiting of the said committy to be keiped at Aberdene and ordeanes all these who are appoynted to be present and have compeired the tuenty day of Junii instant to be present and keip and attend the foirsaid meiting of the said committie at Aberdene the said ellevinth day of Julii nixtocome in the samene maner and wnder the samene paines as they were appoynted to have keiped the foirsaid tuenty day of Junii instant; and ordeanes publicatione and intimatione to be made heirof be oppine proclamatione at the mercate croces of Aberdene, Bamffe [and] Kincardin, and the estates declaires that the foirsaid continuatione of the dyet of meiting abovewrittin is allwayes but prejudice of the diligence to be done be the Lord Gordoun anent the outputing of the regimentes for the saids shirrefdomes abovewrittin.
[1644/6/36]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presentlie conveind be vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641 yeires, haveing takene to ther consideration that the persones eftirspecified, viz: Sir Johne Gordoun of Haddo, knycht, George Gordoun of Geicht, Johne Dalgarno of Auchmunill, Captain Johne Logie, sone to Mr Andro Logie, sumtyme minister at Rayne, Rodger Lindesay of Maynes, Johne Sturgioun of Torrerie and Williame Maxwell of Midkeltoune are pairtly ceited to appeir before this present parliament, and pairtly takine and apprehendit and now in firmance within the tolbooth of Edinburghe for diverse and sundrie, greate and hayneous crymes alledged committed be them, and that it is expedient they be tryed and examinat of all maner of legall probatione usit aganes them, to the effect that they may be pronunced guiltie or innocent of such crymes as are to be laid to ther chairge and accordinglie censured or declaired frie eftir the tryell to be led aganes them according to ther demeritts. And farder, considdering that for the better effectuating quherof it is necessar that ane commissione be granted to such of ther owne nomber as they shall thinke expedient and such otheres as they shall thinke fit to joyne with them for taking of the said tryell and considdering of the just desertes merited be the foirsaids persones, thairfore they have givine and granted and be thir presentes gives and grantes full power, authoritie and commissione to the particulare persones eftirspecified, viz: Alexander, erle of Linlithgow, Johne, erle of Weymes, Alexander, lord Elphingstoun, Johne, lord Bargany, Sir James Stewart, shirreffe of Boote, Andro Agnew, appeirand of Lochnaw, shereff of Galloway, Maister George Dundas of Maner, Johne Shaw of Grenocke, Robert Mekilljohne, burges of Edinburghe, Robert Arnot, burges of Pearthe, Mr Robert Cunynghame, burges of Kinghorne and Allane Dunlop, burges of Irving, and to Sir Johne Hammiltoune of Orbestoun, knicht, justice clerke, Maisteres Alexander Collvill of Blair and James Robertoun, his maties justice deputts (not as ordinarie judges in the office of justiciarie, but as commissionares delegat be the saids estats of parliament with the remanent commissioneres foirsaids), or to ony quorum of the said nomber of the persones foirsaids being present for the tyme, which quorum shall consist of nyne, quherof tuo being of ilke estate, and of the said justice clerke and justice deputtes, to proceid in the foirsaid tryell againes the saidis persones and to receive dittayes aganes them and discuss the relevancy therof and to receive all lawfull probatione, ather wpoun ther owne depositiones or wpoun the depositiones of witness or other probatione led or to be led aganes them, and accordinglie with power to them to find and decerne the foirsaids persones guilty or innocent according to their owne depositiones or the depositiones of witness and other probatione led or to be led aganes them as said is, without proceiding to the knowledge of ane inquest or assyiss; with full power to the saids commissionares, or such ane nomber of them as is appoynted be ane quorum in maner abovewrittin, to deduce all sort of legall probatione be writ, witness or wther wayes of the competent of the law, and to use repetitione of all former probatione alreddy ledd and depositiones of pairties and witness alreddy received for tryell of the saids crymes; and with power to call the saids delinquentes before them at such dyetts as they shall appoynt to ansuer to the crymes particularly and respective conteyned in the saids dittayes to be givine in aganes them in maner abovewrittin, and, for that effect, if need beis, to direct ther preceptes or sommonds for sommonding of witness wnder the paine of horneing for proveing of the saids crymes aganes the saidis delinquentes; and the saidis estates of parliament be thir presentes dischairges the saidis commissioneres and ther quorum foirsaid to pronunce any sentance of censure or punishment aganes the foirsaids persones, bot ordeanes them to report betuixt and the nynteine day of Junii instant what they find aganis the foirsaids persones eftir tryell to the saids estates of parliament, quha, be thir presentes, hes reserved the soll and only power of censureing and punishing of them in ther owne hand.
[1644/6/37]*[print] [email] [cite] [preceding] [following]
Forsameikle as the estates of parliament, now presently conveind be vertewe of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, haveing tane to there consideration the desyre of Robert, erle of Roxburghe craveing ane warrand and recommendatione fra them to the Lord Maitland and otheres, ther commissionares reseiding at the parliament of England, to insist in the name of the parliament of Scotland with the parliament of England, or ther commissioneres for examinationes or sequestrationes, for warrand from the parliament of England or ther commissionares foirsaids in favoures of the erle of Roxburghe, that the plait and other goods perteaneing to the said erle of Roxburghe and his umqhile lady quhilkes are put in the hands of the said Lord Maitland may be delyvered and disposed wpoun for the use of the said erle to any such as shall have order and warrand from him for that effect. The saidis estates of parliament findes the foirsaid desyre just and resonalble, and ordeanes ane warrand and lettir of recommendation to be writtin and directed in name of the saids estates to the said Lord Maitland and otheres, ther commissioneres foirsaids, in favoures of the said erle of Roxburghe to the effect before desyred, and ordeanes the samene to be subscryved be Johne, erle of Lauderdaill, president of the parliament, in name of the haill estates therof.
[1644/6/38]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend be vertewe of the last act of the last parliament haldine be his matie and the thrie estates in anno 1641, haveing hard and considered the relatione produceit in writ for Archbald, marques of Argile, whilke wes publictly red in audience of the parliament, eftir that the samene and instructiones therof wes sene be the severall estates in ther severall meitings apairt and reproduced to the parliament, beirand ane particular accompt of the said lord marques of Argile, his procedor, diligence, cariage and haill deportmentes conserneing the chairge and commissioun put wpoun him by the conventione of estates in Appryle 1644 yeeres in the expeditione to the north aganes the marques of Huntly and otheres, his adherentes, conteyned in the commissioun granted to the said marques of Argile theranent, as the paper produceit conteyning the samene particular accompt of the said marques of Argile, his cariage and diligence in the foirsaid expeditione at lenth beires; and haveing also compaired the said Archbald, marques of Argile, his whole actiones, deportmentes, cariage and diligence in the executione of his chairge and commissioun foirsaid granted to him be the said conventione of estates with the samene commissioun, findes and declaires that the said Archbald, marques of Argile, hath in all fidelitie exactlie, cairfullie and diligentlie walked worthie of the trust and chairge put wpoun him be the conventione of estates and ansuerably and conforme to the commissione granted to him be the conventione of estates as said is in all poyntes. And therfore the saidis estates of parliament doe unanimously approve the said marques of Argile, his haill procedor, cariage and deportment in the foirsaid expeditione and commissioun to the north put wpoun him be the conventione of estates aganes the marques of Huntly and his adherents as said is, and not onlie grantes full exoneratione to him of his haill proceidings and cariage be vertue of the said commissione (quhilk commissioun they find punctually observed be the said marques of Argile in all poyntes, conforme to the tennor therof and instructiones granted to him theranent), bot also for the farder declaratione of the estates of parliament, ther respect to the said marques of Argile and his vigilancie in dischairgeing of his said commissione and puting of the same to ane full executione, as is cleired by the report produced and instructiones therof, the saids estates doe add to the said marques true worth this generall approbatione: that he hath deserved weill of the publict as a loyall subject to the king, a faithfull serveand to the estates and a trewe patriot to his cuntrie.
[1644/6/39]*[print] [email] [cite] [preceding] [following]
The estates, haveing considered the report made be the committee for the leavey and present expeditione anent the baggage horse of the erle of Lothianes regiment, findes that everie tuell men that shall be mustared of that regiment shall have fourtie punds in satisfactione of ther baggage horse.