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Prayeres said, rolles called.
Anent the supplicatione givine in to the estates of parliament, now conveend in the second sessioune of the first trienniall parliament be vertue of the last act of the last parliament haldine by his majestie and thrie estates in anno 1641, off the quhilke supplicatioune the tennour falloues: My lords and otheres, the estates of parliament, wnto your lordships humblie meanes and shewes we, your servitours, Dame Margaret Douglas, ladie Alexander, for my selfe and in name and behalfe of Katherine, Jeane and Margaret Alexander, doughteres to umquhile William, lord Alexander, Sir James Baillie of Lochend, knyght, and my tutores for thair entress, Maister Alexander Kynneir of Forret, Mr Robert Bruce, advocat, James Rae, merchand in Edinburgh, Maister Richard Maitland attending the erle of Lauderdaill, Mr Androw Oiswall, advocate, Sir George Moriestoun, knyght, Harie Dow of Arnehaw, Margaret and Elspeth Buchannans, bairnes to umquhile Williame Buchanane in [...], James Wood, sone to umquhile Patrike Woode, merchant in Edinburgh, Captane Robert Hammiltoun in Prestoun, James Nairne, merchant in Edinburgh, Johne Patersone, kirke thesaurer of the Cannogait, Mr Johne Paip, younger, advocate, Mr Robert Petrie, writter in Edinburgh, Mr James Ferquhairsone, writter to his majesties signet, Williame Tofts, indueller in the abbay of Halirudhous, Sir Williame Gray of Pittindrum, knyght, Johne Rynd, merchand burges of Edinburgh, Jenet Alexander and Walter Auchinemowtie, hir spous for his intres, Bessie and Robert Alexanders, bairnes to wmquhile Robert Alexander in Leith, Robert and Marione Whytes, bairnes to umquhile [...] Quhyte in Clakemannane, Williame Thomsoune, Henrie Broun and Alexander Bell, skipperes in Leith, Dame Catherine Weir and Sir Patrike Murray, hir spous, Mr Peter Hay of Nachtoun, Mr Robert Murray, proveist of Methven, George Murray in Dysert, Williame Broun in Seatoun, Johne Dryisdaill in Tillicoutrie, Jenet Alexander and James Gib, hir spous their, Thomas Burne ther, Williame Alexander at the mylne theirof, Christian Harber their, Johne Archbald in Tullibodie, Archbald Stireling, indueller in Stirling, David Nairne, burges their, Geilles Nairne and David Miller, hir spous, burges there, James Henrisone, burges there, David Meller, younger, their, Johne Short, burges their, Jenet Watesone there, Johne Mathesoun ther, Robert Broun, burges thair, Androw Baird, younger, burges their, Walter Grahame in Gairtmoire, Walter Grahame in Balmesay, Williame, erle of Mortoun, Johne, erle of Traquaire, Sir Williame Murray of Dunerne, knyght, Dame Anna Murray, his sister, [...] Home of Ayttoun, Robert Keyth, writter to the signet, Thomas Leuchope, burges of Stirling, Mr James Gordoun, writter in Edinburgh, and the tutoures and minores† of sua many of them as are minores for their entress [...]†, creditores to umquhile Williame, erle of Stirling and umquhile Williame, lord Alexander, his sone; that quhair their being ane great nomber of creditoures to whom the saides umquhile erle and lord were debtoures in great soumes of money, and their estates moveable and wmoveable not being able to satisfie us fullie our haill debtes and that ane great pairt of us the creditoures wer willing to take suche satisfactione as their saides estates being justlie valued might give us and that the pryce of the said estate might be distribute amonges ws, the saides creditoures, equallie and proportionallie effeirand to the rate of our debtes, and wer willing to give doune a superplus, a few only of the saides creditours excepted, speciallie be minours be scruple of their tutours and curatours that would not consent thairto; quhairwpoun and upoun other narratives made wpoun the inconveniences that might befall to us and the saides umquhile erle and lord, their estaites be our contending and pleying thairanent aganes wtheres and otherwayes, their wes ane actione and sommondes raised and intented at the instance of Charles Alexander, ane of the laufull creditours of the saids umquhile erle of Stirling, his father, and Williame, lord Alexander, his brother, aganes us, the haill remanent of the creditoures, befoir the lordis of counsell and sessioune to the effect wnderwrittin, quhairin their wes decreet givine be them wpoun the tuentie fyfte day of Februarii 1643 yeeres decerneing ws, the saides creditoures, to dispone our haill rightes and securities now inherent in our persones to and in favoures of the said Chairles Alexander, ane of the saides creditours, and who as creditour standes heritablie infeft in their estaite and wes elected and intrusted be ws, the saides creditores, and authoreized be your lordship to the effect he might compryse or adjudge the haill estaitte moveable and wnmoveable, lands, liveing and otheres perteaneing to the saides umquhile erle and lord and obteane heritable rightes of the lands and otheres foirsaides and sell the samene at the best availl, and gave power and commissioune to the said Charles to sell and dispone theirwpoun to that effect, and what soumes of money or pryces the said Sir Charles Alexander should receave for the said estaite and landes, the saides lordes decernit the said Charles to distribute the same amonges ws the saides haill creditoures pro rata in sua farre as the samene will extend, in maner and forme mentionate in the said decreet, as the samene of the dait foirsaid at mair lenth beires. Conforme to the quhilke decreet, wee assignit and disponit to the said Charles Alexander our saides debtes auchtand to ws be the saides umquhile erle and lord and the rightes and securities made and obtenit be ws therwpoun, ilke ane of us for our own pairtes, and gave and delyvered to him our saides rightes, assignationes and dispositiones thairof to the effect abovewrittin; quhairwpoun and conforme quhairwnto the said Charles Alexander obtenit decreetes aganes the aires of the saides umquhile erle and lord and adjudicatione for apprysing of their estaites and hes mellit and intrometted with ther estates of landes moveable and wnmoveable and hes intrometted with and wptane the rentes and dewties of there lands and estait thir diverse yeeres bygone and hes sold and disponit wpoun the great pairt of their landes and estait namelie to Sir [...] Rolloke of Duncrube, knyght, the landes and barrony of Tullicoutrie and certane otheres landes perteaneing to the saids umquhile erle and lord for the soume of [...] money of this realme received be him theirfoire. Item, to Williame Grahame of Spoildaire the landes of Gartmoire and some otheres thereabout for the soume of [...] money foirsaid received be the said Charles fra him theirfore, off the quhilkes soumes received be the saides Chairles Alexander fra the saides laird of Duncrube and Williame Grahame for the alienatione of the saides landes nor yit of the rentes and deuties of the said umquhile lord and erle, ther lands and estaite and otheris, their moveable goods, geir and debtes intrometted be the said Charles Alexander, extending to great quantities and soumes, he hes made nor intendis to make no compt nor reckoneing to us to the effect the samene may be distributed amongest ws be him pro rata in sua farr as the samene will extend, conforme to the tennour of the said decreet, quhairby we are alluterlie frustrate and liklie to be in farr worse caise then if he hade not bene intrusted with the bussines, and if the power continow in his hand of the said disponeing of the said estate and wptakeing the pryces therof and appropriating the same to his own use, as he does, we will be altogidder wndone and alluterlie prejudged, specially now be the not sitting of the sessione before quhom we should have gottine him compellit to compt, reckone and distribute the pryces of the saides landes, disponit rentes and deuties theirof and others moveables and goodes mellit and intrometted with be him; whereas dureing the tyme of the not sitting of the sessione, quhilke heirtofoire hes bene verie prejudiciall to us and quhilke be occasione of the present troubles is liklie yit to tend to our prejudice, seing wee for obedience of the decreet of the lords of counsell and sessioun (the benefite of whoise helpe we cannot now have) have denudit our selfes fullie and totallie of the rightes and securities of the debtes and soumes of money foirsaid restand to us, and have bene content to accept ane small portione in satisfactione of our whole just debtes not exceeding the third pairt theirof, quhairas in law the whole wes due to us, and yit notwithstanding that we stand denudit, he makeing use and takeing occasione of the not sitting of the lords of sessione hes enjoyed the benefite of the lordis of sessione, ther decreet and of our rightes and hes mellit with the mailles and dewties of the said haill estate thir tuo yeeres bygone and hes sould ane considerable pairt therof to the persones abovespecified, yit he absolutlie refuiss to make us any compt or reckoneing conforme to the tennour of the said decreit, and, as we can conceave, intendes no les then be indirect wayes and be the benefite of our owne rights quhairwpoun he hes comprysit the landes and estate to apply the benefite of the landes and estaite to his owne use and to prejudge us of the meane proportioune allowed to us be makeing himselfe personallie wnable to give us satisfactione. Heirfore we humblie beseeke your lordships to have respect heirto, and speciallie sieing the sessioune and sitting therof is now continued, to grant ane commissione to four or ma or fewer of the saides lordes of sessione or of your lordships owne nomber or of any other persones your lordships shall thinke meit and appoint to sit and hold courtes at ony tyme or tymes heireftir, and theirin to give warrand and sommonds to us to cause call and conveene the said Charles Alexander before them to make ansuer to this our complaint and withall to cause decerne and compell him to compt and reckone anent his intromission with the pryces of the saides landes and otheres perteaneing to the saids umquhile erle of Stirling and Lord Alexander disponit or to be disponit be him, and with the rent and dewties of thair estate and otheris moveable goods and geir wptakine and intrometted with or to be wptane and intrometted with be him perteaneing to them, and to distribute the samen to us and amonges us his creditoures pro rata and to make payment to us therof in sua farr as the samene will extend, conforme to the tennour of the said decreet, and to nominat auditores for heiring of the saids compts and callculating and makeing the said distributioune and to give decreetes and sentances thairanent in our favoures and to ordeane letters and executorialls to be directed thairwpoun for fullfilling theirof that wee be not wronged nor prejudged be continoweing the said compt and reckoneing to be made, and the said Charles Alexander, his disponeing wpoun the said estait in the meanetyme at his pleasor, and your lordships ansuer, as the supplicatione proportes. Quhilke being upoun the sevint of Februar last givine in to the committie appointed for bills and supplicationes, that committie gave then warrand for citatione of the said Charles Alexander and sike otheres of the creditoures of the saids umquhile erle of Stirling and Lord Alexander as are not joyned in the supplicatione, according wherwnto the said Charles Alexander wes wpoun the fourteine day of Februar last cited personally apprehendit. Lykeas wpoun the tuelt day of the samene moneth Mr James Gordoun and Robert Keith were lykewayes sommondit personally apprehendit to have compeired the eighteene day of Februar to have heard the desyre of the foirsaid supplicatione granted. Quhilke supplicatione and pairties foirsaides being wpoun the tuentie day of Februar 1645 yeeres instant publictly callit in presence of the committy appoynted for billes and supplicationes, compeired personallie [...], erle of Angus and Mr Thomas Nicolsone, advocate, in name and behalfe of the said Dame Margaret Douglas, Lady Alexander and of Katherine, Jeane and Margaret Alexanders, hir doughters; as also compeired Mr Thomas Murray, advocate, for and in name of the saids Mr Robert Murray, provest of Methven, and George Murray in Dysert, and Robert Hepburne, advocate, compeired for Sir James Baillie of Lochend, and Patrike Scot compeired for [...] Shoirt and Johne Rynd; and lykewayes compeired Mr Robert Bruce for himselfe, quha, and the others procurators abovenamed, declaired that they concurred for the desyre of the supplicatione for themselves and sicke otheres of the creditours as will or shall adhere theirto and not discleame the same. The said Robert Keith compeired personallie and sickelyke compeired personally the saides Charles Alexander and Mr James Gordoun, with Robert Stewart and James Gibsone, advocate, thair procurators, and the said committie haifeing caused then publictlie reid the said supplicatione in audiance of the saides persons and pairties compeirand and heard the pairties theranent, and theirwpoun haifing this tuentie ane day of Februar made report of the foirsaid supplicatione and desyre theirof with their owne opinione conserneing the samene and consent of the pairties theirto in audience of the parliament, with the list of the names desyred to be judges in the commissione craved and not objected aganes be the pairties compeirand, quhilke report, with the supplicatione and desyre therof foirsaid, being heard and considdered be the estates of parliament, they doe heirby give and grant full power and commissione to Sir Johne Hammiltoun of Orbestoun, justice clerke, Sir Andro Fletchour of Innerpepher, Sir Johne Hope of Craighall, Sir Johne Scott of Scottistarvet, Sir Alexander Fallconer of Halkertoun, fyve of the ordinar lordes of sessioun, Sir Michaell Ballfour of Deanemylne, Sir Williame Scot of Clerkingtoun, Sir James Dundas of Arnestoun, Sir Robert Drummond of Medhope, Mr George Dundas of Maner, Marke Cas of Cokepen, Mr Alexander Peirsone, advocate, Mr Robert McGill, advocat, James Ruchheid, Archbald Sydserfe and Johne Joussie, merchandes burgess of Edinburgh, or any fyve of them to be ane quorum, for deciding and decerneing in the foirsaid mater above and eftirmentionat, thair being allwayes tua of the lords of the sessione abovenamed or ane of the lords and ane of the advocates present in the said quorum of fyve; and to the saides commissioneres abovenamed, or any thrie of them as ane quorum, for heiring of the accomptes, keeping of the dyetes and appointing of auditours and doeing of everie other thing anent the premiss eftirspecefeit except in the poynt of decisone, determinatione and giveing of sentance, for doeing quhairof fyve is appointed to be the quorum in maner before prescryved, to conveene, sit or hold courtes at ony tyme or tymes as the saides commissioneres or thair quorums respective abovewrittin shall thinke fitt and appoynt to the effect eftirspecified; with pouer to them or thair quorums respective abovewrittin and their clerke (to be nominat and appointed be the clerke of register for this commissioune) to direct and grant precepts and warrands for citatione of the said Charles Alexander or ony otheres, the creditores of the umquhile erle of Stirling and Lord Alexander and otheres whom the saides commissioneres or thair quorum shall find necessar to be cited as haveing interese to compeir before them or their quorum at sike dayes and dyets as they shall appoynt to ansuer in the mater abovementionat, and to seike interrogators as the commissioners or thair quorumes respective foirsaid shall thinke expedient to be speired at them. As also with power to the commissioners or thair quorum to ordeane the said Charles Alexander to compt and reckone anent his intromissione with the pryces of the landes and others perteaneing to the said umquhile erle of Stirling and Lord Alexander and disponit or to be disponit be the said Charles, and with the rentes and dewties of thair estaits and others moveable goodes and geir wptane and intrometted with or to be wptane and intrometted with be him perteaneing to them, and to nominat and appoint auditoures for heiring and cleiring of the saides comptes ather of their owne nomber or of any others as they shall thinke fitt. Reserveand to the saides creditores and the said Charles Alexander and all otheres haveand interese the haill defences and ansuers hinc inde competent to them aganes wtheres to be discussit before the commissioners abovenamed or be the foirsaid quorum of fyve of thair nomber, thair being tuo of the lords of the sessione or ane of the lords and ane of the advocates present in that quorum. As also reserveand to the haill creditours to object aganes wthers thair ryghts and tytles for instructing of themselves creditoures to the umquhile erle of Stirling and Lord Alexander to be lykewayes discussed be the saides commissioners or thair quorum of fyve abovewrittin. And the estates declaires that the decreet abovementionat contenit in the foirsaid supplicatione shall not be sufficient to instruct their debtes and rightes wnles these creditores in the decreet produce thair bands, rights, titles and instructiones of their debtes accleamed before the saides commissioners or thair quorum, that the remanent creditoures and pairties haveand interest may sie the samene and be heard to object thairaganes what legallie they may in law to be discussed be the saides commissioners or thair quorum foirsaid; and eftir discussing of the pairties defenss and objectiones hinc inde to be givine in and proponed be the said Charles Alexander and remanent creditours foirsaides and otheres pairties haveand interese as said is. And [for] cloising of the said compt and reckoneing, the saides estates gives heirby power and warrand to the commissioneres abovenamed (or any fyve of them, ther being tuo of the saides lords of sessione, or ane of the saides lordes and ane of the advocates abovenamed present in that quorum) to give furth and pronunce decreits and sentances in the maters abovementionat sicklyke and in the samene maner as the lordes of sessione might doe themselves if this mater wer persewed before them and this commissione not granted and according as the saids commissioneres or thair quorum of fyve abovewrittin eftir advysing of the process, defenss, dispute and interese of pairties and of the rightes and tytles of creditoures shall find just and equitable. With pouer lykewayes to the saids commissioners, or thair quorum of fyve, to distribute and proportionate in the saides decreets to be givine be them the soumes that shall be fund due be the said Charles Alexander eftir the compt and reckoneing amonges the creditours of the saids umquhile erle of Stirling and Lord Alexander pro rata and to decerne in the saides decreits the creditores to be payed of thair proportionall pairtes. And farder the saides estates ordeanes the decreetes and sentances to be givine and pronunced be the foirnamed commissioners or thair quorum of fyve as said is to have the lyke strenth, force, effect and executione in all pointes conforme to the tennour thairof as the decreets givine or to be givine be the lords of sessione hes. With pouer to the saides commissioners, or thair quorum of fyve, to ordeane letters to be directed wpoun the saides decreets wpoun ane simple chairge of fyfteine dayes, as is ordenit to be directed wpoun the decreites givine be the lords of sessione. And the estates of parliament ordeanes and appointes the place of meiting of the saides commissioners, or thair quorum, at Edinburgh in the [...] for their sitting and keeping of the haill dyetts in the foirsaid commissione, with pouer to the saids commissioners, or thair quorum, to elect and creat all officers and members of court necessar except the clerke, quhom the clerke register is to nominat and present, and to doe all other things requisit conserneing the premiss and executione of this commissioune.
[1645/1/100]*[print] [email] [cite] [preceding] [following]
The estates of parliament nominates and appointes James, erle of Tullibardyne, David, erle of Southeske, Johne, lord Loure and Johne, lord Bargany, Sir Williame Cochrane of Coudoun, Sir Johne Veitch of Dawicke, Mr George Dundas of Maner and Johne Wdny of that ilke, Sir Johne Smyth, burges of Edinburgh, Johne Kennedy for Air, George Gairdyne for Bruntyland and Archbald Merser for Culros as ane committie from the parliament (or ony fyve of them, there being ane of everie estate); to them the estates gives power or thair quorum foirsaid to heir, considder, callculate and discuss the compts of the chairge and dischairge of Sir Adame Hepburne of Humbie, knyght, thesaurer of the army and generall collector of the loan and taxt, anent his intromissioune of any moneyes ather in Ingland or Scotland perteaneing to the publict and intrometted with be him for the use of the publict or use of the army with the loan and taxt, togidder with the dischairge and defalcationes of the samene intromissiones with the saides compts and instructiones theirof baith for the chairge and dischairge, and ordeanes the saides commissioners to meit for the effect abovespecified the morne (being Satirday the tuentie tua of this instant) at tua houres eftirnoone in Williame Thomsones chalmer in David Mitchell's land foiranent the tolbooth, and thereftir to appoynt such other tymes and dyetts of their meitting for fitting and discussing of their saids accompts and instructiones thairof as the commissioners or thair quorum shall appoynt, and theireftir ordeanes them to report their proceedings thairanent and what they find theirintill to the estates of parliament, that they may theirefter take the same to consideracion and theirefter approve the same accordinglie.
[1645/1/101]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now conveend 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, having heard and considdered the report from the committie for the process anent Johne Carnagie, younger, of Bollnallmone, his cariage with the late erle of Montroise and the rebelles, what was laide to his chairge and what wes provine aganes him thairanent, togidder with the opinioune of the foirsaid committie thairwpoun, viz: that he might be dismist and put to libertie, he paying thrie thousand merkes of fyne and finding cautione for his good behaviour and good cariage in tymecomeing wnder the paine of fourtie thousand merkes Scotts, the estates of parliament approves the foirsaid report and ordeanes the said Johne Carnagie, younger, of Ballnallmone to be dismist and put to libertie, he paying the foirsaid fyne and soume of thrie thousand merkes and finding sufficient cautione for his good behaviour and good cariage in in tymecomeing wnder the said paine of fourtie thousand merkes Scotts. Conforme quhairwnto and for obedience quhairwnto, the said Johne Carnagie, younger, of Bollnamone produced ane band subscryved be Sir Alexander Carnagie of Bollnamone, his father, quhairby he became cautione for him to the effect abovespecified in maner conteinit in the band wnder the paine of fourtie thousand merkes, quhilke band is of the dait of thir presentes, togidder with ane dischairge granted be James Riddell in name of the thesaurer of the armies wpoun the resait fra the said Johne Carnagie of the foirsaid fyne and soume of three thousand merkes Scottes, in respect wherof the estates of parliament doe heirby grant friedome and libertie to the said Johne Carnagie, younger, of Ballnamone to pas and repas for doeing his laufull effaires notwithstanding of ony confynement or restraint put wpoun him and of the cautione formerlie fund be him for keeping of that confynement, quhairanent the estates declaires thir presentes shall be a sufficient warrand.
[1645/1/102]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now conveend 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, haveing heard and considdered the report from the committie for the process made to the parliament wpoun the tuentie ane day of Februar instant conserneing the cariage of David, maister of Madertie with the late erle of Montroise and the Irish rebells and quhat wes fund provine aganes him theiranent, togidder with the opinione of the said committie for the process, quhilke wes that the said David, maister of Madertie might be dismist and put to libertie, he paying the soume of tua thousand merkes Scots of fyne and finding of sufficient cautioune for his good behaviour and good cariage intymecomeing, and that he shall not doe nor be accessorie to the doeing of any thing to the prejudice of the estates of this kingdome and peace thereof, bot that he shall be assisting to the uttermost of his power to the advancement of the estates of this kingdome and of the cause in hand aganes the enemyes of the same wnder the paine of tuentie thousand merkes money, as the report beires. The estates of parliament approves the foirsaid report and opinione of the committie for the process and ordeanes the said David, maister of Madertie to be dismist and put to libertie, he payeing the foirsaid soume of tua thousand merkes Scotes and he finding of sufficient cautione to the effect above and wnderwrittin wnder the said paine of tuentie thousand merkes Scotes. Conforme quhairwnto and for obedience quhairof, compeired personally James, lord Drummond and became acted and obleist himselfe as cautioner for the said David, maister of Madertie for his good behaviour and good cariage in tymecomeing, and that he shall not doe nor be accessorie to the doeing of any thing to the prejudice of the estates of this kingdome and peace theirof, bot that he shall be assisting to the wttirmost of his power to the advancement of the estates of this kingdome and peace thairof and of the good cause in hand aganes the enemyes of the same wnder the foirsaid paine of tuentie thousand merkes Scotts. Lykeas the said David, maister of Madertie became acted and obleist himselfe to the effect foirsaid, and als to warrand and releive the said James, lord Drummond of the foirsaid cautionrie and of all that may fallow thairwpoun. In respect quhairof and that the said David, maister of Maddertie hes payed the foirsaid soume and fyne off tuo thousand merkes Scotts to Archbald Sydserfe, collector generall depute to Sir Adame Hepburne of Humbie, quhairwpoun he hes produced his ticket of ressait thairof, the saides estates of parliament hes dismist and doe heirby grant freedome and libertie to the said David, maister of Madertie to pas and repas for doeing his laufull effaires notwithstanding of any former confynement or restraint put wpoun him and of the cautioune formerlie fund be him or acting of himselfe for keeping of that confynement, quhilke the estates heirby dischairges.
[1645/1/103]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now conveend 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, haveing heard and considdered the committie for the process, their report anent Johne Grahame, younger, of Fintrie, his cariage with the late erle of Montroise and the rebells, what wes laid to his chairge and what wes fund provine aganes him thairanent, togidder with the opinione of the foirsaid committie thairwpoun, viz: that he might be dismissed and put to libertie, he paying the soume of sex thousand merkes Scots and finding cautione for his good behavior and good cariage intymecomeing wnder the paine of fourtie thousand merkes Scotes, the estates of parliament approves the report and opinione foirsaid of the committie for the proces and ordeanes the said Johne Grahame, younger, of Fintrie to be dismissed and put to libertie the he may pas and repas for doeing of his laufull effaires notwithstanding of ony former confynement or restraint put wpoun him and of the cautione formerlie fund be him for keeping of that confynement; and that in respect David Grahame of Fintrie, father to the said Johne Grahame, is become obleist as cautioner for the said John Grahame, his sone, that he shall in tymecomeing carie and behave himselfe as ane faithfull subject and duetifull patriot and shall doe nor attempt nothing nor yit be accessorie to the doeing of any thing [that] may be prejudiciall to the estates of this kingdome in tyme heirefter, conforme to the band granted and subscryved be the said David Grahame heiranent wnder the foirsaid pane of fourtie thousand merkes Scotes. For obedience of the ordinance abovewrittin and conforme theirto, lykeas be the said band, the said Johne Grahame became obleist to releive the said David Grahame of his cautiounrie abovewrittin. Anent the quhilkes premiss the estates declaires thir presentes shall be a sufficient warrand.
[1645/1/104]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now 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, haveing heard and considdered the report of the committie for the process conserneing James Mushet, younger, of that ilke, Mr James Henrysone of McCorronstoun and Alexander Norie of Noreistoun beirand that the committie findes provine aganes them that they were with the late erle of Montroise and the rebelles in the toune of Pearth and thinkes that they wer all circumveend be the umquhile Lord Kilpount and thairfore that they may be put to libertie, they and everie ane of them acting themselves for thair good behavior in tymecomeing wnder the paine of fyve thousand merkes Scotes, as the report beires. The estates of parliament approves of the foirsaid report and of the opinione and judgement of the said committie thairanent, and theirfore ordeanes the said James Mushet, younger, of that ilke, Mr James Henrysone and Alexander Norie and everie ane of them to be put to libertie and freedome from the former confynement and restraint putt wpoun them, and doe heirby grant freidome and libertie to the saidis thrie persones abovenamed and ilke ane of them to pas and repas for doeing of their laufull effaires and that notwithstanding of the former confynement and restraint putt wpoun them and of the cautioune formerlie fund be them for keeping of the said confynement. And this in respect the said James Mushet, James Henrysone and Alexander Norie hes become acted and obleist themselves for their and ilke ane of their good behaviour and good cariadges in tymecomeing, viz: that they nor ilke ane of them shall not doe nor attempt nor be accessorie for the doeing or attempting of any thing directlie nor indirectlie that may tend to the prejudice of the estates of this kingdome or the good cause or disturbeing of the peace of the kirke or state in tymecomeing, bot that they and ilke ane of them shall carie themeselves as faithfull subjectes and duetifull patriotes for advanceing of the good cause and assisting of the estates of the kingdome, ilke ane of the saides thrie said abovenamed wnder the said paine and soume of fyve thousand merkes Scotes for everie ane of them as said is.
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The estates of parliament haveing seene the tryell of the loisses of George Luke and Johne Rauling, merchandes in Glasgow, by Collonell Tueldesley and Major Standishe who tooke from them certain merchand goods in the toune of Prestoun in Lancashyre to the value of fyve hundreth pund or thairaboute, and being informed that commissione is granted be the parliament of Ingland in these pairtes for sequestratione of the said Collonell Tuyldisley and Majore Standishe, ther rents and disposing wpoun the same for satisfactione of such as have bene wronged by them, and the saides estates being sensible of the sufferings of their cuntriemen and confident of the kyndnes and justice of their bretherine of Ingland, doe theirfore ordeane ane lettir of recommendatione to be writtine in favoures of the supplicantes from the estates of the parliament of Scotland to the Lord Fairfax and remanent of the committy in Lancashyre to cause justice be done to the saides tuo merchandes aganes the said collonell and majore for reparation of their loisses foirsaids out of the saides rentes, and ordeanes the samene lettir to be subscryved be the president of parliament in name of the estates of parliament.
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The estates of parliament, haveing heard and considdered the report of the committie for the process anent the desyre of ane supplicatione givine in to them be the laird of Amisfeild craveing that the committie might call for the depositiones ather emitted be himselfe or takine anente his cariage that he might be pronunced guilty or innocent according to his demerites, togither also with the opinione of the said committie, which is that the depositiones, haill process and papers conserneing the erle of Hartfell, laird of Amisfeild and Mr Johne Corsan, proveist of Drumfries, might be called for and givine in to the said committie for the process, that they may considder thairof. The estates of parliament approves of the foirsaid report and opinione of the committie for the process conserneing the erle of Hartefell, the laird of Amisfeild and proveist of Drumfreis, and ordeanes the depositiones and haill remanent papers conserneing their bussines to be givine in to the committie for the process, that the samene may be tane in consideration be that committie as is desyred be them.
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The estates of parliament, now 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, haveing heard and considdered the report of the committie for the process conserneing the supplicatione givine in to that committie be Robert Maxwell, sone to the late erle of Nithesdaill craveinge enlargement and libertie furth of the castle of Edinburgh where he remaines prisoner; as also craveing payment of the bygones of the allowance granted to him for his interteanement, togidder with the opinione of the said committie anent the foirsaid desyre, viz: that they thought the supplicant might be put to libertie wpoun cautione for his good behaviour wnder the paine of tuentie thousand merkes Scotes, and that in the meanetyme the commissarie may be ordeaned to pay to him his bygone allowance, and this in respect the procuratours of estate declaired they knew nothing to be layd to his chairge except that he wes sent as prisoner from Newcastle; the estates of parliament approves of the foirsaid report and opinione of the committie for the process and theirfore ordeanes and heirby gives warrand to the commissarie to make payment to the said Robert Maxwell, sone to the late erle of Nithesdaill, off all bygones yit wnpayed of the allowance granted to him for his interteinement, and als ordeanes him to be put to liberty furth of the castle of Edinburgh where he remanes incarcerat as prisoner; and for this effect the estates be thir presentes gives warrand and command to the constable and keeperes of the castell of Edinburgh to put him to libertie furth theirof as said is; and this in respect George, erle of Wintoun is become obleist as cautioner for the said Robert Maxwell for his good behavior and good cariadge in tymecomeing in maner mentionat in the band subscryved be him heiranent wnder the foirsaid paine of tuentie thousand merkes Scotes. Lykeas the said Robert Maxwell himselfe be the said band is also obleist to that effect wnder the samene pane as lykewayes to releive his said cautioner, conforme to the said band.
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The estates of parliament, now conveened in the second session of this first trienniall parliament be vertewe of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, eftir publict reiding of the falloweing propositiones conserneing kirke governement and ordinatione of ministeres, togidder with the acte of the generall assemblie approveing the same, doe wnanimouslie ratifie and approve the said propositiones according to the said act of the generall assembly, to the which act the estates doe heirby adde the authoritie of parliament and ordeanes the same to have the strenth and force of a law in all tyme to come.
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The estates of parliament, now conveened in the second session 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, haveing heard and considdered the relatioune produced in writ for Robert, lord Burghlie, president of committie appointed be the parliament in Julii last for the northerne effaires, for himselfe and in name of the remanent of that committie, quhilke wes red in audiance of the parliament, beirand ane particular accompt of the said committie, their cariadge and proceedinges conserneing the trust put wpoun them be the said commissione and haill particular articles, as the paper produced conserneing the samene in the selfe particularlie beires, and haveinge also compaired the whole actiones and proceedings of the foirsaid committie with the commissione granted to them be the parliament in Julii last, the estates of parliament findes and declaires that the said Robert, lord Burghlie, preses of the said committie for the north, and haill remanent of that committie, hath in all fidelitie and diligence walked worthie of the trust put wpoun them be the estates conforme to thair commissione, and theirfore the estates doe heirby not only liberate and exoner them of the chairge of the foirsaid commissione and of what may be requyred therby of them, bot for the farder declaratione of the estates, their respect to the said Lord Burghlie and remanent committie foirsaid doe adde to his and their trewe worth this generall approbatione: that he and they have deserved weell of the publict as loyall subjectes to the king, faithfull servands to the estattes and trew patriotes to their cuntrey.
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The estates of parliament gives heirby warrand to the Lady Geicht to have accese to hir husband, and to the laird of Pourie and his lady to have access to thair sone within the tolbooth of Edinburgh where they remaine incarcerate at sike tymes as the proveist of Edinburgh shall thinke expedient, quhairanent thir presentes shall be a sufficient warrand.