Vigesimo primo die parliamenti
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Prayeres said, rolles called.
The estates of parliament grantes warrand wnto the generall of artilliarie to goe in to the tolbooth of Edinburgh and visite the Lord Ogilvie alse oft as he pleaseth, and commandis the keeper of the tolbooth to allow him frie accesse accordinglie.
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The estates of parliament, now conveend in the second sessione of this first trienniall parliament be vertew of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, takeing to thair consideratione that there wes ane commissione of exchequer granted to ane certane nomber of noblemen and otheris by whoise helpe, counsell and advyce the manageing and governement of his majesties rentes and otheris eftirmentionat competent to the exchequer in maner wnderwrittin was to be guidit, reuled and directed did expyre at the begining of this present parliament, wherby his majesties service and good of the leidges would be greatlie prejudged if the said commissione were not renewed; as also considdering that for the good of his majesties service and ease of the subject they have made and constitut Johne, erle of Craufuird Lindsay, commissioner for the thesaurie, comptrollarie and theasurer of his majesties new augmentationes within this kingdome, but prejudice allwayes to Sir James Carmichaell of that ilke, knyght, thesaurer deput, of his giftis of his office foirsaid and haill liberties, power and priviledges belonging to the samene, as the actes of parliament made thairanent beires, thairfore they have made, named and constitut and be the tennour of thir presentes makes, names and constitutes Johne, erle of Loudoun, chancellour, Robert, erle of Roxburghe, privie seale, Williame, erle of Lanerke, secreetar, Sir Alexander Gibsone of Durie, clerke of register, Sir Thomas Hope of Craighall, knyght, his majesties advocat, Sir Johne Hammiltoun of Orbestoun, knight, justice clerke, Sir Andro Fletchour of Innerpepher, knyght, Sir James Leirmonth of Ballcomie, Sir James McGill of Cranstounriddell, Sir Johne Hope, feare of Craighall, Sir Alexander Falconer of Halkertoun, Sir Johne Leslie of Newtoun and Sir Johne Scott of Scottistarvet, knyts, ordinar lordis of the sessione, and Sir James Lockhart of Ley, commissioneris of exchequer, that they concurre and assist the said Johne, erle of Craufurd Lindsay, commissioner for the thesaurarie and representing the place of highe thesaurer, comptroller and collectour of his majesties new augmentationes of this kingdome, and the said Sir James Carmichaell of that ilke, knyght, his majesties deputie in the saids offices. Lykeas the saidis estates of parliament hes givine and be thir presents gives full power and commissione to the said Johne, erle of Craufuird Lindsay, commissioner and representing the place of highe thesaurer, and the said Sir James Carmichaell, his majesties deputie thesaurer, in his absence, togither with any tuo of the saidis commissioneris, to resave resignationes, surrenderis and commissiones of all landes, barronies, castelles, toures, fortalices, kirkes, benefices, teyndis, patronages and otheres whatsomevir lyand within this kingdome of Scotland which of thair owne nature may be resigned, surrandrit and dimitted in his majesties handis, for himselfe or as administrator to his darrest sone, the prince, ather in thair owne favoures ad perpetuam remanentiam or in the favoures of whatsomevir his majesties subjectes, and to give, grant and expede all and quhatsomevir infeftmentes, signatores, giftis, confirmationes, dispositiones and otheris rights and securities requisit upoun the saidis resignationes, surranderis and dimissiones or vacand be ony other maner of way quhairby the saidis landis, barronies, kirkes, teyndes, patronages and otheres foirsaides shall happine to waike in his majesties hands or the prince, his handis, be reasone of recognitione, bastardie, last air, disclamatione, reductione, apprysing or [any] other maner of way; and to give and expede new gifts and dispositiones with all clauss necessare and used in the lyke caises to be holdine conforme to the tennour of thair old infeftmentes and for payment of the dewties and conditiones thairinexprest. Lykewayes with power to give and expede all giftes of wairdes, nonentress, escheits, lyferentes and otheres casualities quhatsomevir vaikeing or which in whatsomevir maner of way vaike in his majesties handes or the prince, his handis, and for payment of ressounable compositiones thairfore; and alse to set takkis of his majesties customes and impostes according to the forme conteyned in formar commissiones; and lykewayis to grant remissiones to transgressores of quhatsomevir penall statutes wpoun reassonable compositiones as said is and to grant remissione for slaughter wpoun seight of letters of slaynes and for adulterie wpoun testimoniall of thair repentance and satisfactione to the kirke, reserveand allwayes to his majestie to grant remissiones for crymes of greater moment and consequence; and generallie to compone, transact and aggrie in all and whatsomevir things tuitcheing his majestie or the princes rentes, customes or casualities of this kingdome or that in onywayes may belong to the saides offices of thesaurarie, comptrollarie or thesaurie of new augmentationes perteaneing or that in onywayes may perteane to his majestie or the prince wpoun reasonable compositiones as said is. And with pouer to the said Johne, erle of Craufuird Lindsay, commissioner and representing the place of highe treasurer foirsaid (and in his absence to the said Sir James Carmichaell, deputtie treasurer, with ony tuo of the other commissioners of exchequer foirsaides), to sit, cognose and determine in all actiones and causs incombent or tuitcheing his majesties rentes and otheris incombent to the exchequer siklyke and alse freelie as may be done be the lawes of the kingdome and the last act of parliament; and, for that effect, with power to the said Johne, erle of Craufuird Lindsay, commissioner and representing the place of highe thesaurer (and in his absence the said Sir James Carmichaell, with the saidis commissioneres, or ony tuo of them), to conveene and meit at such tymes and occasiones and in suche places as they shall thinke expedient, and thaire all and sindrie bussiness publictlie to doe and expede which may conserne the premiss and no farder, and ordeanes lettires of horneing and poynding and otheris executoriells necessar according to the custome observed in the lyke caises, and that the compositiones to be payed be his majesties subjectes for expeding of the saidis gifts, signatores and others rights foirsaides, cheeflie of his majesties propertie and principality, may be done with a due proportione and consideratione of the benefit aryseing thairby. Thairefore the saidis estates willes and ordeanes the said Johne, erle of Craufuird Lindsay, commissioner foirsaid, (and in his absence the said Sir James Carmichaell, deputtie treasurer) to meit and conveence certane dayes in the ordinar exchekker house where the saides signatores are to be presented to treate, deale, doe and conferre with the pairties presenting the saids signatoures and for tryeing the worthe, casualitie and benefite sought thairby and to move the pairties to pay reassounable compositiones, [and to consult upon the saids compositiones]†. And the saidis estates wills that the compositione of everie signatour be publictly set doune and in opine exchequer in publict meittings be the said Johne, erle of Craufuird Lindsay, (and in his absence be the said Sir James Carmichaell, treasurer deput) with consent of the saids commissioners, or any tuo of them as said is and not within the said nomber. And the saides estates declaires that this present commissione shall be but prejudice of the said Sir James Carmichaell, his gifte of [the place of] thesaurer deput dureing his lyftyme and of the haill priviledges and liberties thairincontenit, which are holdine as heirin exprest and without adding or pairing thairanent as said is. And als the saides estates declaires this present commissione to indure to the nixt sessione of this present parliament, dischairging heirby all former commissiones of exchequer granted befor the daite of this present commissione, with provisione allwayes that this present commissione nor any thing thairincontenit shall not derogat from the commissione of privie counsell, commissioune of teyndes and surrenderes, but that they remaine in thair owne vigor wnprejudged, stopted or otherwayes altered, notwithstanding of whatsomevir heades and clauss contenit in this present commissione, quhilke commissione the estates declaires shall onlie endure to the said nixt sessione of this present parliament.
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Anent the supplicatione givine in to the estates of parliament be Dame Margaret Grahame, quhairof the tennor fallowes: My lordis and otheres, the right honorable estates of the parliament, humblie meanes and shewe your lordships humble petitioner Dame Margaret Grahame that whair I am for the present in extreme great necessitie, haveing nothing wherwpoun to live, my conjunctfie landis in Galloway being affected with my husbandis foirfaultrie and thairby comeing in your lordships handis, nather will my challmerlandes, tennentes and occupyeres of the saides landes pay to me any dewtie of the samene without your lordships warrand, heirfore I humblie beseike your lordships, in consideration of the premiss and of my extreme necessitie, that it would please your lordships to give warrand and commissione to me, my factores and servitours in my name to wplifte and receive fra the tennentes, occupyeres and others who are restand awand any thing of the foirsaides dewties suche ane proportione thairof as your lordships shall allow for my interteanement in tymecomeing and for defraying of such debtes as I have allreddie contracted, and your lordships ansuer humblie I beseeke. Quhilke supplicatione, being reported in audience of the parliament from that committy appointed for bills and supplicationes to quhom the same wes first presented, and the samene supplicatione, with the present estate and conditione of the supplicant, being heard and considdered be the estates of parliament, they, out of pitie and meere favour of the supplicant, for aliement and mentinance, hes gifted, givine and granted and heerby gifts, gives and grantes to the said Dame Margaret Grahame, supplicant, the haill dewties of hir conjunctfie and lyferent landis in Galloway and benefite of hir contract of mariadge with umquhile Lord Gairlies, hir first husband, for bygones wnpayed and in tymecomeing conforme to hir infeftment, right and provisione of hir said contract of mariadge. And therfore the estates be thir presentes grantes warrand to the said Dame Margaret Grahame, supplicant, and hir factoures and servitours in hir name for hir use to wplifte and receive fra the tennentes and occupyeris of hir conjunctfie lands and fra otheres who are restand awand any of the foirsaides dewties the samene dewties of the yeires bygone restand wnpayed and intymecomeing, conforme to hir said infeftment, right and provisione of hir contract of mariadge foirsaid, and, if neid beis, to call and persew thairfoir the said Dame Margaret Grahame and hir factores and servitores in hir name, allwayes paying and performeing all publict dewes for bygones and in tymecomeing for hir said lyferent and conjunctfie landis due and payable for the samene, conforme to the publict orderes allreddie givine out or to be givine out for the use and service of the publict; in payment and performance quhairof the estates declaires the supplicant and hir factours and servitours foirsaids, with hir said conjunctfie and lyferent landis and dewties therof, shall be lyable. And the estates declaires that thir presentes is without prejudice to laufull creditoures of thair laufull debtes within the kingdome contracted sence the tyme of hir second mariage to the foirfaultor of Lodowike Lindsay, now husband to the supplicant.
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Anent the supplicatione givine in to the estates of parliament, conveened in the second sessione of this first trienniall parliament be vertue of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, be Williame Liddell, portioner of Westbarnes, desyreing payment of the soume of sevinteine thousand, sevine hundreth fourtie sevine pundis, four shillings, four pennyes Scotts money, which is fund restand to him be the auditoures of the accompts of the commone burdingis eftir fitting and cloosing of the accomptes of ressait, advancementes and giveing out be him in anno 1640, he being then appoynted be Sir Alexander Gibsone of Durie, clerke of register, then generall commissarie, to be his commisser deput for the presbetrie of Dumbar for quartering and interteaneing the regimentes and forces for the army and sending provisioune to Chauslie, Dunce and other places where it did encampe, and which soume is restand to him since the yeere of God jM vjC and fourtie. Lykeas he hes payed and payes annuelrent thairfore to these fra whom he wes forced to barrow moneyes for payment of these poore and necessitous people to whom the samene wes first awand, and without the payment wherof the supplicantes estaite will be wtterlie ruined and overthrowne, whais cais is most pitifull and singular and deserves to be takine in pitie and consideration that he may be payed and satisfie his pressing creditores, as the supplicatione at mair lenth beires; with the foirsaid footed compt subscryved be the auditores of the commoune burdings and produced for instructing the foirsaid supplicatione, and that the soume craved is restand awand to the supplicant by any allowance givine wp in the saidis compts for the supplicant's fies and beirand that the supplicantes owne fie is not givine wp nor allowed in the saidis accompts, as the samene comptes lykewayes mair fullie proportes. Which supplicatione, with the footed and subscryved compts foirsaid produced as said is, and desyre of the said supplicatione being reported in audience of the parliament from the committie for billes and supplicationes, to whom the samene wes first presented, and the samene supplicatione and desyre thairof and subscryved compt abovespecefeit produced as said is, being heard and considdered be the estates of parliament, they find that thair restes adebted and awand be the publict to the said Williame Liddell, supplicant, the foirsaid soume of sevinteene thousand, sevine hundreth fourty sevine pundis, four shillings, four pennies Scotts money, conforme to the said subscryved compt produced, footed and subscryved be the auditours of the common burdingis, in the which soume the supplicantes owne fie is not allowed nor givine wp in the said accompt; as also findes the supplicantes desyre just and reassounable that he be satisfied and payed of the foirsaid soume justlie restand to him as said is, which the estattes findes and declaires to be ane publict debt to be payed to the said Williame Liddell, supplicant, be the estates of the kingdome. And thairfore the estates of parliament heirby recommendes the supplicant to the commissioners for the excise and to the committie for the moneys to take sike speedie course for his payment off the said soume of sevineteine thousand, sevine hundreth fourtie sevine pundis, four shillings, four pennies, with sike annuelrent as they shall find due thairfore, as the committie shall thinke maist fitt and expedient for the supplicantes satisfactione and payment in respect of his pitifull and singular caice and of the pressing of his creditores and of the preveining of his wttir ruine and overthrow.
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The estates of parliament, now conveend in the second sessione of this first trienniall parliament by vertew of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, taiking in consideration the great slownes and bakewardnes in the shyres to pay thair loan and taxt granted by the conventione of estates and appoynted to have bene payed eighteine monethes since or thairby insomuch as the most pairt of the shyres have not nor will not give in ther accomptes of thair loan and taxt, notwithstanding the necessitie and prejudice the service of the publict susteenes for want of money, albeit thair be nothing more due nor the loan and taxt granted by the estates for that service; they doe thairfoire command and ordeane the whole subcollectours of the loan and taxt who hes not givine in, cleered and perfyted thair comptes thairof to bring in to the collector generall of the loan and taxt and his deputtes thair whole accomptes of the samene, togidder with the diligence done be the subcollectours, conforme to the act of the conventione of estates for ingetting of the loan and taxt, and to cleere and perfyte thair saids accomptes and diligence done be them thairanent betuixt and the dayes wnderwrittin, viz: these subcollectores for the shyres be south Spey betuixt and the tuentie day of Februarie instant, and the subcollectores for the shyres be north Spey betuixt and the first day of Maii nixt without farder delay, that thairby it may be cleared who hes payed and wha [hes] not and where the fault and deficiencie is. With certificatione to the subcollectours and they failzie they shall be compelled to pay the whole loan and taxt laid on the shyres wherof they are subcollectours without ony allowance or deductione whatsomevir to be granted of any depursementes for leavie money, transport money or any other cause. And als the saides estates heerby ordeanes and commandis the whole heritours and otheris lyable in payment of loan and taxt who hes not yit payed the same to make payment thairof or suspend betuixt and the dayes respective abovewrittin to the subcollectores of thair shyres, that the subcollectoures may the more clearlie clear thair comptes and report thair diligence at the tyme and in maner before ordeaned. With certificatione to the heritoures and others lyable in payment of the loan and taxt and they failzie they shall be compelled to pay thair whole loan and taxt not yit payed with[out] deductione of levey money and transport money ather for horse or foot or any other deductione appoynted by the act of conventione to be granted to tymeous payers. And farder, to the effect it may be sene to the estates of parliament that the valuationes of the severall shyres are made conforme to the order prescryved by the conventione of estates, they thairfore ordeanes and commandis the commissioneris and valueris for the whole severall shyres of the kingdome nominat and appoynted by the said act of conventione for valuatione of thair said severall shyres to bring and produce to the collectour generall and his deputtes betuixt and the dayes respective abovementioned the whole valuationes of thair severall shyres and parishes thairof, conforme to the said act of conventioune, viz: these valueres for the shyres be south Spey betuixt and the tuentie day of Februar instant, and these for the shyres be north Spey betuixt and the first day of Maii nixt, wnder the paine of rebellione and puting of thame to the horne, and if they failzie, to denunce and escheat etc. And in respect that thaire are some shyres and persones that questiones the payment of thair loan and taxt without they get deductione therin of levey money and transport money for the horse and foot put out by them in the second levey, which desyre the estates findes groundles and wnressounable, the same not being sought nor granted to these who hes allreddie payed thair loan and taxt for the horse or foot put out by them in the second leavy, and so is farr les due to such as hes not yit payed thair loane and taxt, the estates, for cleering heirof, findis and declaires that thair is no deductione of transport money or leavy moneye dewe to be granted of the loan and taxt for the horse or foot put out in the second leveys, and thairfore they dischairge simply the seeking or granting of any deductione thairfore in the payment of the loan and taxt. And that none pretend ignorance anent the premiss, ordeanes thir presentes to be prented and published by sound of trumpet at the mercat croce of Edinburgh and by messingeres of armes at the head burghes of the severall shyres of the kingdome.
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Anent the supplicatione givine in to the estates of parliament be Johne Joussie and David Wilkie, owneris of the good shipe called The Robert in Leith and James Downie, skipper in name of the marineres thairof, and Johne Butcheor, merchand of the said shippe, sheweing that the shipe being fraughted and loadened with salt boune to Londoun wes wpoun the [...] day of Januar last necessitate by storme for preservatione of the vesshell and marineris lyves to betake them to the mercie of the enemyes at Scariebrughe Castell, being drivine in thair be stress of weather, where they wer seased wpoun and thair goodes as enemyes to his majestie and cast in prisone, where they yit ly and all heareing of thair innocencie denyed wnto them by the governour of Scariebrughe and otheris officeres and magistrates thaire wnles they should procuire ane warrand from the parliament of England for redelyverie to these in Scairieburghe of ane shipe of warre in lykemaner drivine in be the lyke stress of weather wpoun that same day to Hartlepoole with the haill marineres and otheres who wer thairin. And the saides marineres in the shipe called The Robert of Leith, haveing endevoured to have obteint ane mutuall releife both of men and shipps bot being altogidder frustrat in respect the governor of Hartlepoole hes dismissed the persones takine in the ships perteaneing to Scariebrughe to the commissioneres of parliament at Newcastle and the commissioneres hes sent them wp to the parliament to be punished as pirates, quhairby the mariners and skipper of the Scotts shipe at Scariebrughe and loadeneing therof is liklie to suffer the lyke riske of thair lyves and goodis wnles present remeid be provydit, and thairfore desyreing the estates of parliament not only to writ thair letters of recommendation to thair commissioneris at Londoun bot also to desyre the Englishe commissioneres heir to write the lyke lettir of recommendatione to the parliament of England, signifieing to them the estate and conditione of the bussines as is afoirsaid, quhairby the lyves of the marineres and skipper now in captivitie at Scariebrughe and the merchands goodes may be in tuto, and to take such other curse thairanent as the estates in the deepest of thair wisdome shall thinke fittest, as the said supplicatione proportes. Quhilke supplicatioun being reported in audience of the parliament from the committie appointed for bills and supplicationes, and the samene with the desyre thairof being heard and considdered be the estates of parliament, they grant the desyre thairof and ordeanes the lettir of recommendatione to be drawne wp in favoures of the supplicantes from the estates of parliament to thair commissioneris at Londone to the effect before desyred; quhilke letter they ordeane to be subscryved be the president of the parliament. As also the estates of parliament ordeanes Williame, erle of Lanerke, Johne, lord Ballmerinoch, Sir Archbald Johnestoun of Waristoun, Sir Adame Hepburne of Humbie, Sir Johne Smyth, proveist of Edinburgh, and Mr Robert Barclay, proveist of Irving, to speeke with the Englishe commissioners for thair recommendation in favoures of the supplicantes to the parliament of England to the effect before desired.
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Anent the supplicatione givine in to the estates of parliament be Johne Wood, esquyere, sheweing that by sinistrous informatione givine to the parliament of England his jewelles, plaitt and haill moveables of his chamber [were] seased wpoun wnwarrantablie, contraire to the order of parliament and the libertie of loyall Scottsmen; in the acknowledgement of which abrupt wsage, the parliament of England and the Scotts commissioneres at Londone were pleased to grant him favourable countenance and pas and for restitution of his goodis or value thairof exceeding 1,500 lib. sterling. He hes bene heirtofore neglected and not received that satisfactorie justice [that] might be expected by a loyall cuntreyman, nowayes a delinquent nor papist. He wes forced to have recourse to the estates of parliament for remeid, and thairfor desyreing the estates to recommend his just desyres to thair commissioners at Londone by lettir, with such instructiones as the estates shall thinke fitt in sike forme and maner as may best obteane redres to the supplicant and preveene the lyke inconveniences. Quhilk supplicatione being reported in audiance of the parliament from the committie appointed for bills and supplications, and the samene with the desyre therof being heard and considdered be the estates of parliament, they grant the desyre thairof and ordeanes ane lettir of recommendatione to be drawne wp from the estates of parliament in favoures of the said supplicant to thair commissioneris at Londoun to the effect before desyred, and ordeanes the samene lettir to be subscryved be the president of parliament. As also the estates of parliament ordeanes Williame, erle of Lanerke, Johne, lord Ballmerinoch, Sir Archbald Johnestoun of Waristoun, Sir Adame Hepburne of Humbie, Sir Johne Smyth, proveist of Edinburgh, and Mr Robert Barclay, proveist of Irving, to speeke with the Inglishe commissioneres for thair recommendatione in favoures of the supplicant to the parliament of England to the effect befoir desyred.