Procedure

Prayeres said, rolles called.

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  5. Sic. Should be 'John'. Back
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Procedure: instructions to the lieutenant general
Instructiones be the estates to the erle of Callender anent his commissioune as lord lieutennent generall

1. You shall withall possible diligence advance with the forces into England in persuence of the ends exprest in the covenant.

2. You shall by all meanes possible persew to the utmost the erles of Crawfurd, Montrois, Nithisdaill, Aboyne, Ogilvie, Hereis [and] Rae withall there adherentes and associates, our unnaturall cuntriemen; as lykewayes all otheres who hes or shall adjoyne themselves to them or shall be in armes aganes the parliamentes or estates of both or ather kingdomes.

3. You shalbe cairfulle as yow advance to take notice of Berwicke and Warkewith Castell and give such orderes as shalbe necessary for ther security.

4. You shall take notice of the conditione of the cuntrey, and alsemuch as in yow lyeth stopt the enemyes arraying of them or plwndering ther goods, and give the weell affected all assistance and encouragement which may best witnes our brotherly affectione to that kingdome.

5. You shall cairfully attend the motiones of these enemyes, and befor you engadge your selfe in any important designe of fixing your selffe before ony toune or strenth (except for secureing some sey portes for the provisione of the army and reliveing of the forces of Beshopricke incaise of extremety), endevor to dissipate ther forces.

6. You shall appoynt suche places as yow shall thinke most convenient and saife where victuall may be sent for ther supply, and what yow shall be necessitate to take from the cuntrey people for interteinment for the army cause it to be done in ane orderly way, and that billetes be gevine to them for the samene.

7. You shall keepe correspondence with the Inglish commissioneres and our forces in Beshoprike and be ayding and assisting to them as shall be necessary and expedient for ther good and furtherance of the service.

8. You shall (without prejudice to the fyfte article) be all meanes endevor to reduce and secure the toune of Newcastell, castell of Tynemouth and all other places possessed by the enemy for the use of the king and parliament of England, and make such use of the forces in Beshopricke as may conduce most for these ends, bot with a speciall regaird to the saifty of the toune of Swnderland.

9. You shall call to yow the weill affected gentrie and inhabitantes of the cuntrey quher yow shall happine to be for ther concurrence in every thing necessary for the good of the forces with yow and caryeing one of this worke.

10. You shalbe cairfull to obey and observe such orderes as from tyme to tyme yow shall receive from the parliament, ther committies, the lord generall or committies of both kingdomes, and as the rencounter with such difficultyes as yow conceave doe requyre there advyse, to acquant them therwith and to give them ane constant accompt of your proceidings.

11. Iff any emergentes occurre in the prosecutione of the former instructiones which cannot now be foirsene nor admitt delay without prejudice or loise, yow shall doe therin as in your judgement yow conceave may conduce most to the good and advancement of the service.

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  5. Sic. Should be 'John'. Back
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  7. NAS. PA2/23, f.16v. Back
Legislation
Act and proclamatioun dischairging the mercat at Brighous knoue

Quhairas the estates of parliament, presently conveind be vertew of the last act of the last parliament haldine by his matie and thrie estates in anno 1641, are informed that certane avaritious persones hath presumed at ther owne handis to set wp and keip mercates for saill of there goods at such places as they please, and speciallie at Brighous knowes and other places therabout in prejudice of the toune of Edinburgh and ther mercate at the House of Mure without ony laufull warrand, therfore the saids estates of parliament requyres and heirby commandis heralds to pas and be oppine proclamatione at the said Brighous knowes and otheres places needfull to dischairge all and quhatsomevir persones to keepe any mercat places with ther goods bot at such places as are allowed be the lawes of this kingdome, and specially that nane presume to set wp or keep any mercat at the said Brighous knowes or any other places of there owne, bot that they bring in ther goods to the said House of the Mure as they will be ansuerable.

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  5. Sic. Should be 'John'. Back
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Declaration: concerning the market at Brighouse Knowe
Declaratioun of the estates concerneing the act and proclamatione abovewrittine

The estates of parliament declaires that the act and proclamatione abovewrittin is allwayes but prejudice of all pairties of ther rightes, quhilkes rightes the estates finds are not nor shall nowayes be prejudged be the foirsaid act and proclamatione, bot shall remaine in ther owne force and strenth unprejudged therby prout de jure.

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  5. Sic. Should be 'John'. Back
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Procedure: prorogation of the commission for the trial of Sir John Gordon of Haddo and others
Prorogatioun of the commissioun for trying of Haddo and otheres therinconteined

Forsameikle as the estates of parliament, taking to consideratione that the commissione givine be them wpoun the tuelt of Junii instant to Alexander, erle of Lithgow, Johne, erle of Weymes, Alexander, lord Elphingstoun, Johne, lord Bargany, Sir James Stewart, shereff of Bute, Andrew Agnew, appeirand of Lochnaw, Mr George Dundas of Maner, Robert Meiklejohne, burges of Edinburgh, Johne Shaw of Grenocke, Robert Arnet, burges of Pearth, Mr Robert Cunynghame, burges of Kinghorne, and Allane Dunlop, burges of Irveing, and to Sir Johne Hamiltoune of Orbestoun, justice clerke, Mr Alexander Collvill of Blair and Mr James Robertsone of his maties justice deputes (not as ordinare judges in the office of justiciarie bot as commissioneres delegat be the estates of parliament with the remanent commissionares foirsaids), or to any quorum of the said nomber consisting of nyne, quherof tuo being for ilke estate and tua of the saids justic clerke and justice deputtis, for trying of Sir George Gordoune of Haddo, George Gordoun of Geicht, Johne Dallgarno of Auchinminell, Captane Johne Logie, Rodger Lindesay of Maynes, Johne Strudgeoun of Terrerary and Williame Maxwell of Midkiltoun, in maner and to the effect conteyned in the said act of commissioun, does only last and endure quhill the nynteine day of Junii instant, quhilk is the day appoynted be the act to the commissionares for report of ther procedores to the parliament, therfore the saids estates of parliament hes prorogat and heirby prorogates the foirsaid commissioune and haill power and warrand therby granted to the said commissionares and quorum foirsaid quhill the tuenty sext day of Junii instant inclusive, and ordeanes the samene commissione to stand in the full force, strenth and integrity quhill the said tuenty sext day of Junii instant inclusive, at the quhilke day ordeanes the commissionares to report to the estates of parliament in the same maner as they are appoynted be the foirsaid commissione to have reported the nynteine of Junii instant.

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  5. Sic. Should be 'John'. Back
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Legislation
Act and proclamatioun for returneing of the officeres to the armie

The estates of parliament, now presently conveined be vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considering that there is sundrie collonelles, captanes, rootmaisters, leutennentes, hanseinzies and otheres officeres who are not as yit gone wp to the army at the south, and that there is otheres who are come home wpoun foirloifs and does not tymeously returne, sua that by there absence the army is impedit in there merch, to the great prejudice of the commoune cause, religione and weill of the cuntrie; therfore the saides estates of parliament commands and chairges all officeres foirsaids to repaire wnto the army in the south betuixt and the tuuenty day of Junii instant without delay (except such as are memberes of the parliament, quha are to stay whill they receave orderes). With certificatione to the who failzies, ther places shallbe disposit wpoun in favoures of otheres and they punished as neglecteres of the commoun orderes and enemyes to the publict. And ordeanes the samene to be presently published at the mercate croce of Edinburgh by ane herauld with sound of trumpet.

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  5. Sic. Should be 'John'. Back
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Warrant: to the committee for the levy concerning the earl of Callander's march to England
Ordinance anent the erle of Callenderes marche

The estates of parliament gives power and warrand to the committy appoynted for the leveyes to appoynt, ordane and condishend wpoun the tyme of the erle of Callender, lord lewtennent generall, his march with his army to England.

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  5. Sic. Should be 'John'. Back
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  7. NAS. PA2/23, f.16v. Back