Procedure

Prayeres said, rolles called.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Order: for those who refuse to lend money for the use of the public
Ordinance againes these who are denuncit for not lening to the publict the soumes of money put upon them be the committie

It being appoynted in parliament be the Lord Burghlie, president for the tyme of the committy for barroweing of money, what course should be takine with these that are ordeind be the committy to len particulare soumes for the use of the publict and are denunced to the horne for ther dissobedience, the estates of parliament ordeanes that the messingers who denunced these persones to the horne for there contempt shall make intimatione to them that there names shallbe publictly red in parliament and ther goodis escheat and ther persones apprehendit and incarcerated.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Warrant: for payment of 20,000 merks to the Lord Sinclair
Precept and warrand for payment to the Lord Sinclaire of 20,000 merkes

Forsameikle as the estates of parliament, now presently conveind by vertew of the last act of the last parliament haldine be his matie and the thrie estates in anno 1641, takeing to ther consideratione that the commissionares for the commoune burdenes of this kingdome be ther act 23 Julii 1642 yeires, wpoun ane supplicatione givine in to them be Johne, lord Sinclaire, makand mentione of the great and vast expenss wherto he wes drivine by his employmentes in the publict service in Orknay and Caithnes in lifting ane regiment ther and lying with his regiment all the tyme of the troubles in the north pairtes, and in the meanetyme, his coallwarkes and salt panes ruined and the coillzieres and salteres disperst throw his absence, and that the said Lord Sinclaire fra tyme [he] gat orderes for lifting his regiment till the tyme the same did marche to Ireland (neir by the space of tuo yeeres) he being at ane great chairge and expenss, and that dureing the haill space he wanted his pay as collonell, did then ordeane Williame Thomsone to pay to the said Lord Sinclaire the soume of tuenty thousand merkes Scotts money, as the said act of the committy for the commoun burdings of the dait foirsaid proportes; and heirwith also the saids estates of parliament considdering that the foirsaid soume of tuenty thousand merkes Scottis money is not yit payed to the said Johne, lord Sinclaire, therfore, and in respect of the foirsaid respectis, causs and considerationes conteyned in the said act of the committy for the commoun burdenes, the saids estates of parliament be thir presentes gives warrand and command to the said Williame Thomsone, commissarie deput, to pay and delyver to the said Johne, lord Sinclaire the said soume of tuenty thousand merkes Scotts money out of the first and reddiest of any publict moneyes being in his hands, and that in pairt of payment of the soumes awand to him and conteyned in his former preceptes, quhairanent thir presentes shallbe ane sufficient warrand to the said Williame Thomsone.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Warrant: pass granted to Dame Christiane Scott
Pase in favoures of Dame Christiane Scotte

The estates of parliament, now presently conveined by vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, haveing tane in consideratione the petitione of Dame Christiane Scot, spouse to Collonell Sir Alexander Lesly of Auchintoule, knyght, desyreing ane warrand and pas to hir selfe and to Johne Hay, Christiane Lesly and Robert Merteine, footman, hir servands to goe with the said Dame Christiane Scot to England to hir husband for setling ther necessar effaires in respect of the present troubles and unsaife travelling; the saidis estates of parliament be thir presentes grantes ane warrand and pas to the said Dame Christiane Scott and hir thrie serveands abovenamed goeing in hir company, that shee and they may repaire saiflie to Ingland to the said Collonell Alexander Lesly of Auchintoule, hir husband, and the saids estates of parliament dischairges all persones whatsoevir to trouble, molest, hinder or imped the said Dame Christiane Scott and hir thrie serveands abovenamed or any of them in ther said voyage.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Procedure: commission to Sir James Ramsay to be general major to the horse
Commissioun to Sir James Ramsay to be generall major to the horse, with the declarationn and instructiones therintill

The estates of parliament, presently conveind by vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considdering that Sir James Ramsay hes bene formarly imployed in the service of this kingdome as generall major, and finding that his service may be stedable at this tyme, doe therfore nominat and make choose of the said Sir James Ramsay to be generall majore of horss, and gives to him the said place withall libertyes, priviledges and immunityes belonging therto without prejudice of the commissione and place due to Generall Major David Lesly, with the instructiones from the estates of parliament to the said Sir James Ramsay, generall majore, viz: yow shall wpoun the ressait heirof and of the commissioune heirwith directed to yow repaire toward the erle of Callender, lord leutennent generall, to receive and observe his lord's ordors.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Procedure: protection to Captain George Pringle
Protectioun to Captane George Pringle

The estates, haveing considdered the desyre of George Pringle, sone to James Pringle of Buckeholme, his supplicatione desyreing to be accepted to the covenant and to find cautione for his good cariage and process to be dischairged aganes him, grantes protectione and liberty to the said George Pringle to com in and be hard wpoun the desyre of his supplicatione quhill the tuenty nynt Junii instant.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Warrant: in favour of the earl of Callander
Precept and warrand in favoures of the erle of Callender

The estates of parliament, now presently conveind be vertew of the last act of the last parliament haldine by his matie and thrie estates in anno 1641, haveing tane to there consideratione the supplicatione of James, erle of Callender, lord lieutennent generall, reported and red in audience of the parliament, desyreing warrand to the Lord Humbie, generall commissarie to the loan and taxt, and Mr Alexander Foulles, his deput, to allow to Williame Grahame of Hiltoun, collector deput for the said loan and taxt within the shereffdomes of Stirling and Claikemanan, in the first end of the said Williame, his accomptes, the soume of eight hundreth ane pund vj s. 8 d. Scotts money only now restand be the erle to him of the loane and taxt of the erles lands within the parochines of Falkirke, Morvingsyd and Slamannemure, the cropt and yeere of God jM vjC fourtie thrie yeeres; and this in respect of the erles publict imployment in the publict effaires that he cannot attend his owne particulare bussines heir, and that the said Williame Grahame is to make his accomptes with the said collector generall and his said deput for the foirsaid loane and taxt, as the said supplicatione fully beires. The saidis estates, in satisfactione of the desyre foirsaid of the erle of Callender, lord leutennent generall, his said supplicatione, be thir presentes gives warrand and command to the said Mr Alexander Foulles, collectour depute of the said loane and taxt, to pay to the said erle of Callender the lyke soume of 801 lib. 6 s. 8 d. Scottis money, to the effect the samene soume may compense the foirsaid soume of 801 lib. vj s. 8 d. restand unpaid be the said erle of Callender of his loane and taxt for his lands within the paroches abovementionat the said cropt 1643, and in respect heirof ordeines the said Mr Alexander Foulles, as collector deput foirsaid, to allowe the samene soume of 801 lib. 6 s. 8 d. Scotts money to the said Williame Grahame and to dischairge the said Williame therof in his accomptes.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Legislation
Act and commission Erle Cassilles contra the shereffe of Galloway

Anent the supplicatione givine in to the estates of parliament, now presently conveind be vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, be Johne, erle of Cassilles, lord Kennedy etc. quherof the tennor fallowes: Noble lordis and otheres memberes of this present highe court of parliament, wnto your lords humbly meanes and shewes I, John, erle of Cassiles, lord Kennedy, ane of your lords nomber, that quher I am dewlie, laufully and heritably infeft and seisit in all and sundrie the landis of Dunduffe, Ballquharrie, Barbeth, Craigath, Werriscraigeoch and Craigaith, alias Miltoun, lyand within the parochin of Kirketoun and sherefdome of Wigtoun, as my infeftment and seasing of the samene at mair lenth proportes, quhilkis landis foirsaids lyes contigue to the lands of Clanaries and Salcharies, Marshloch, Lochnaw and Solburne, lyand within the parochine of Kirketoune and Lesuart and the said shereffdome of Wigtoune perteaneing heritably to Sir Patrike Agnew of Lochnaw, knyght, shereff principall of the said shereffdome of Wigtoune, and Andro Agnew, feir of Lochnaw, his sone; and also I ame heritablie infeft and seasit in all and haill the lands of Ballzet and Innermephan, alias Murstoun, and midow therof, lyand within the parochine of Inche and the said shereffdome of Wigtoun, as my infeftment and seasing of the same at mair lenth beires, quhilkes lands foirsaids lyes contigue to the lands of Garthclarie and Archrocher lyand within the parochine of Inch and the said shereffdome of Wigtoun perteaneing heritably to the saids Sir Patrike and Andro Agnewes. Be vertew of the quhilkes infeftmentes and seasings, I and my predecessors and authores have bene in peaceable possessione of the lands particularly abovementionat conteyned in my saids infeftmentes and seasings of the same past memory of man, nevir troubled nor molested by ony persone or persones, quhill laitlie that the saidis Sir Patrike and Androw Agnewes, pretending and alledgeing that they have good and undoubted rightes to some pairtes and portiones of my lands respective foirsaids, as being alleged pairtes and pendicles of there owne lands abonwrittin and intend to teill, labor and manure the samene, and to hird and pasture ther cattell and goods therwpoun, and theirby to appropriat the samene to themselfes and to seclude and barr me therfra aganes all law, equitie and reasone, to my great hurt and skaith without your lord[s] provyde remeid therto; and therfore necessar it is that the merches of my landis respective foirsaid be tryed, cognoshit and cleired and ane commissione granted for that effect, conforme to the 42 act of the 11 parliament of his maties umqhile darrest father, King James the sext of worthy memorie. And sieing the sessione is not sitting for the present be reasone of the sitting of the parliament, and alse in respect that the said Sir Patrike Agnew is shereff principall of the said shereffdome of Wigtoun within the quhilke shereffdome the lands respective foirsaids lyes, therfor necessarr it is to me to have your lord[s] warrand granted in maner and to the effect wndirwrittin. Heirfore I beseike your lord[s] that ye will be thir presentes give and grant ane warrand to ane messinger of armes or ane shereffe in that pairt to sommond, warne and chairge the said Sir Patrike and Andro Agnewes to compeir befor the present parliament or (incaise of the rysing therof) before the committy of parliament at Edinburgh wpoun the [...] day of [...] nixtocome, with continowatione of dayes, to heir and sie ane commissione granted to the shereff of Air and his deputes or to the baillie of the regalitie of Glenluce and his deputis or to the stewart of the stewartrie of Kirkcudbright and his deputes or ony of them for cognosing, tryeing and cleering of the merches betuixt my lands respective foirsaids and the landis abovewrittin perteaneing to the saids Sir Patrike and Androw Agnewes, conforme to the said act of parliament made theranent; with certificatione to them if they failzie in compeirance, your lords will grant and direct the said commissione in maner and to the effect foirsaid, and ordeane thir presentes to be ane sufficient warrand theranent, and your lords ansuer, as the said supplicatione at mair lenth beires. Quhilk supplicatione being red, hard and considdered be the committee appoynted be the estates of parliament for resaveing, heiring, reveising and considdering of the billes and supplicationes givine in to the parliament, and the samene supplicatione, with the desyre therof foirsaid, being this day reported in audience of the parliament be Williame, erle of Glencairne, preses of the committy for the billes, the said Johne, erle of Cassilles, being personally present for himself, and the said Andro Agnew, feare of Lochnaw, being also personally present for himself and in name and behalfe of the said Patrike Agnew, his father, and takeand burding wpoun him for his said father, the saides estates of parliament, of consent of the foirnamed persones personally present and takeand burding as said is, grantes full power and commissione to James Ros of Ballneill, baillie of the regality of Glenluce, and Johne Fullertoun of Corsbie, or any ane of them, with power to them or any ane of them to choose there owne clerke, to cognose, try and cleir the merches betuixt the said erle of Cassilles, his lands abovementionat, and the other lands abovewrittin perteaneing to the saids Sir Patrike and Andro Agnewes, sua far as the samene landis or merches therof are contraverted betuixt the saids pairties or portiones of the said erle of Cassilles, his landes respective abovespecefeit to be pairtes or pertinentes of ther saides landis abovementionat in maner specified in the foirsaid supplicatione, conforme to the foirsaid 42 act of the ellevint parliament of King James the Sext made and set doune anent the cognosing, trying and cleireing of the meithes and merches of lands; and with power to the saids judges or any of them and ther said clerke to examine witness for ather pairty and to take all such other laufull and legall tryell as may best serve for cleireing of the meithes and merches of the landis abovespecified be writ, aith of pairtie or other document to be givine in and usit be any of the saides pairties heiranent; and eftir examinatione of the saids witness and resaveing of the other tryell and probatione foirsaid to be resaved and usit for ather pairty to the effect before rehearsit, with pouer to the said James Ros and Johne Fullertoun, or any of them, to desyde and determine anent the meithes and merches of the foirsaids landis for cleiring therof betuixt the saides pairties according to the cognitione, tryell and probatione to be tane and resaved be them or any of them for ather pairty as said is; and for the bettir cognoseing, tryeing and cleiring of the saids merches and the saides pairties, ther attendance and productione of ther probatione for that effect, the saides estates, of consent of the saides parties personally present as said is, appoyntes the place of meitting to be wpoun the ground of the saids landes or any pairt therof and assignes the first thrie Tuysdayes and Weddinsdayes of the first thrie weikes of September nixtocome, quhilke will be the thrid, fourt, sevinteine, eighteine, elevinth and tuelfe of the samene moneth of September, or sicke otheres as the judges or any of them shall appoint; at the quhilke place and dayes of consent foirsaid ordeines the judges or any of them to proceid albeit the pairties or ony of them be absent at the first dyetes conteyned in the act, and for the dyetes thereftir ordeines the pairties to be warned therto personally or at ther duelling places; and also ordeines the pairties foirsaids to be present and attend to the effect before rehearsit with ther witness, writtis and other probatione quhilke ather of the saides pairties hes and will use for cleireing of the foirsaidis merches contraverted amonges them anent ther landes respective abovewrittin; and in the meanetyme ordeanes the saides judges or ather of them and ther said clerke to grant and direct precepts to ather pairtie hinc inde for sommonding of witness to compeir and be present at the place and dayes respective abovewrittin; and the saides estates ordeines the tryell and probatione to be tane heiranent, with the decisione and determinatione to fallowe therwpoun, to be done, concludit and endit betuixt and the first day of November nixtocome, and the pairties personally present in maner respective abovespecifit are warnit heirof apud acta.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Act in favoures of the maister of Forbes

Anente the supplicatione givine in to 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, by Williame, maister of Forbes, quhairof the tennor fallowes: To the right honorable the lords and otheres of the committie of the estates of parliament, wnto your lords humbly meanes and shewes Williame, maister of Forbes that quhair ane great nomber of the rebelles and enemyes in the north, be order of the committie of estates at Aberdene, being sommondit to compeir to ansuer for ther notorious crymes and rebellioun, and being for ther not compeirance and contempt declaired fugitives, and be ane act then made be the said committie there wes pryces put one the heides of the most eminent persones and cheiff leideres in the said rebellioun to be payed to the apprehenderes of them, amonges whom Robert Irving, laird of Lenturke, being ane of the principall rebelles, ther was thrie thousand merkes ordeinit to be payed to that persoune quho should apprehend him and present him, whom, with Johne Irving of Hill of Beltie (also ane great rebell) I have now apprehendit and hes keiped them prisoneres thir tuentie dayes bypast and moir wpoun my owne chairges. My humble desyre therfor is that I may be exonered of the saidis captives and that your lord[s] will be pleased to give order to quhom I shall delyver them; as also to give order to the collectour of the shyre of Aberdene to pay to me the said soume of thrie thousand merkes ordenit be the act of the said committie to be payed for apprehending of the said laird of Lenturke, that I and otheres may be the bettir encouraged to goe one heireftir in the service, quhairanent your lords ansuer humbly I beseike, as the said supplicatione proportes. Quhilk supplicatione and desyre therof foirsaid being reported and red in audience of parliament, and the samene, with the desyre therof, tane to consideratione be the estates of parliament, the saides estates ordeanes Robert Irving of Lenturke and Johne Irving in Hill of Beltie, captives abovedesigned, to be delyvered be the said Williame, maister of Forbes to the proveist and baillies of Aberdene, and to be received and keiped be the saids proveist and baillies; and thereftir the saides estates of parliament gives be thir presentes warrand and command to Johne Denholme, merchand burges of Edinburghe, commissar deput in the north, to pay to the said Williame, maister of Forbes the foirsaid soume of thrie thousand merkes Scotts money for the cause abovewrittin, quhairanent the saides estates declaires thir presentes shall be ane sufficient warrand.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Warrant: for the payment of £300 maintenance to the garrison at Berwick
Precept and warrand to Clobarhill for 300 lib. sterline to the garisoune at Berwike

The estates of parliament, haveing hard and considdered the petitione of Captane Hew Craufurd of Clobarhill craveing mentinance to the garisone of Berwicke, be thir presentes gives precept and warrand to Williame Thomsone, commissarie deput, to make payment to the said Captane Hew Craufurd of Clobarhill of the soume of 300 lib. sterling for the use and mentinance of the said garisone at Berwicke, conforme to ane former precept and ordinance of the conventione of estates granted to the supplicant for payment of this soume, quhairanent thir presentes shall be a sufficient warrand.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Legislation
Act in favoures of Johne Maxwell of Neulau of his liberatioune

Anente the supplicatione givine in to the estates of parliament be Johne Maxwell of Wairdlawmakeand mentione that he is deteynd in ward within the tolbooth of Edinburgh at the instance of the commissioneres of the commoune burdenes of this kingdome and otheres collectores and resaveres of the rentes in name of the publict for alledged not payment to them of the rentes of the abbacie of [Dundreinoone], albeit it be trew that thir thrie yeeres bygone he has continowallie attendit the committie of estates, being most willing and reddie to have made compt, reckoneing and payment of the rentes of the said abbacy according to his intromissione therwith, if it had pleased your lords to nominat and appoynt [some] of ther nomber or otheres whom they thought fit to be auditors for that effect. And albeit the supplicant hes long attendit and bene willing to doe his dewty, yit he is imprisoned wpoun ane generall [chairge] to make compt, quhilke cannot procure reall satisfactione, nather knowes he how to disburdene himselfe without ane speciall chairge quhilke cannot be done without fiting of ane accompt; in the meanetyme his lying in prisone procures his ruine unles remeid be provydit, and therfor desyreing that the foirsaids commissioneres and ther collectores might be ordenit to give in and produce their particulare compt and chairge aganes the supplicant anent his intromissioune with the rentes of the said abbacy befor sicke auditores as shallbe appoynted for heiring therof and of his exonorationes; and if he should be cleirlie exonered, that he may be liberat out of prisone, and otherwayes to be lyable for ony quantitie quherin he shallbe fund justly lyable eftir compt, as the supplicatione proportes. Quhilke supplicatione and desyre therof foirsaid being red and considdered be the committie appoynted be the estates of parliament for heiring and considdering of the billes and supplicationes givine in to the parliament, and the said committie haveing callit before them Robert Hepburne, clerke to the foirsaides commissioneres for the commoune burdenes, and utheres haveing chairge theranent, and haveing recommendit to the said Robert Hepburne the equitie of the supplicantes desyre and hard him thereanent, the said committie fand reasonnable that the said Johne Maxwell of Newlaw, supplicant, should be put to libertie that he may cleir and fit his saids accomptes, he acting himselfe in the bookes of common burdinges to reenter in waird within ane moneth unles he cleir and satisfie his accomptes, and that this his liberatione be without prejudice of the cautionrie fund be the supplicant when he resaves his commissione for intromissione with the rentes of the said abbacie of Dundreinoone; to the quhilke ordinance of the said committy, the said Robert Hepburne, being personallie present, did note oppose bot acquieshed and condishendit therto. Wheruponn the said committie, be the erle of Glencairne, preses of that committie, maid report of the haill premiss abovementionat in audience of the parliament, quhilke being hard and considdered be the estates of parliament, the saides estaites, in respect of the report of the said committie and consent foirsaid, decernes and ordeanes the proveist and baillies of Edinburgh to put the said Johne Maxwell of Newlaw, supplicant, to liberty furth of there said tolbooth and waird where he remaines incarcerat for the present, and that notwithstanding of ony captione, arreistment or other warrand of incarceratione aganes the said supplicant at the instance of the comissioneres of the commoun burdings of this kingdome and otheres collectores and resaveres, in name of the publict, for not compt and payment to them of the rentes of the said abbacie of Dundreinoone, to the effect the said Johne Maxwell, supplicant, may cleir and fit his saids accomptes, the said Johne Maxwell allwayes first acting himselfe in the bookes of the commone burdings to reentir in waird within ane moneth unles he cleir and satisfie his accomptes; and for the bettir fitting and cleireing of the samene accomptes, ordeanes the said Robert Hepburne to give in and delyver to the said Johne Maxwell ane speciall chairge that he may ansuer therto and accordinglie compt, and the estates declaires that this warrand for the said Johne Maxwell, his liberatione, is and shall be allwayes but prejudice of the cautionarie fund be him when he got his said commissione for intromissioun, and ordeanes lettires to be directed heirwpoun chairgeing the saidis proveist and baillies of Edinburgh to the effect abovementionat within tuenty four houres nixt eftir the chairge wnder the paine of rebellioun.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Order: in favour of the ministers who are due arrears
Ordinance in favoures of the ministeres that hes bene plwndered and wantes there bygone stipends

Forsameikle as the estates of parliament, now presently conveind by vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641 yeires, haveing tane in consideratione the petitione and complaint givine in to them be Mr George Sherpe, minister at Fyvie, aganes George Gordoune of Geicht for the want of payment of fourscoir sevine bolles victuell and tuelffscoir ellevine punds, therteine shillinges, four pennyes money of his stipend dewe to be payed to him be the said George Gordoun of Geicht, togidder also with the complaintes of sindrie other ministeres for want of the payment of ther stipendes and for plwndering of their goods by malignantes and delinquentes, the saides estates ordeines these ministeres who hes bene plwndered of ther goodis or wantes payment of there stipendes be malignantes and delinquentes to be refoundit of ther goodes plwndered and payed of ther stipendes out of the rentes of these malignantes and delinquentes who shallbe qualified to have plwndered ther goods or to be lyable and adebted in payment of ther stipendis unprejudgeit be any decreit foirfaultor or other censure aganes the said malignantes and delinquents in favors of the publict.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back
Procedure: remit to the committee for common burdens
Reference anent the Lord Clandeboyes and William Mure of Glanderstoun, ther supplicatioun

Forsameikle as the estates of parliament, haveing hard and considdered the report of the committie for the billes anent the supplicatione of James, vicount of Clandeboyes, and Williame Mure of Glanderstoun desyreing the chairges at the instance of the collector of the commoun burdings aganes the said Williame Mure for the soume of 4,000 lib. Scottes as the pryce of some armes gottine be them out of the publict magazine to ceis, and that the vicount of Clandeboyes may have retentione of that soume in pairt of payment of ane greater soum for quarteres and victuell advanced be him to the Scotts army in Ireland, as the supplicatione proportes; the saidis estates remitts the foirsaid supplicatione and desyre therof to the committie for the commoune burdings to be considdered and discussed be them.

  1. NAS. PA2/23, f.17v. Back
  2. NAS. PA2/23, f.18r. Back
  3. NAS. PA2/23, f.18r. Back
  4. NAS. PA2/23, f.18v. Back
  5. NAS. PA2/23, f.18v. Back
  6. NAS. PA2/23, f.18v-19r. Back
  7. NAS. PA2/23, f.19r-20r. Back
  8. NAS. PA2/23, f.20r-20v. Back
  9. NAS. PA2/23, f.20v. Back
  10. NAS. PA2/23, f.20v-21r. Back
  11. Sic. 'Newlaw' in APS. Back
  12. APS interpolation. Left blank in the manuscript. Back
  13. NAS. PA2/23, f.21v. Back
  14. NAS. PA2/23, f.21v. Back