Nona dies huius sessionis parliamenti
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Prayeres said, rolles called.
The estates of parliament, now conveened in the fourt 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 considdered the desyre exhibite be Johne Sempill craveing to be payed of his bygone arreires due to him for keeping of the castle of Dumbartane and his depursmentes thairanent, they recomend to the commisser generall and his deputs to compt and reekone with the said Johne and to make payment to him of what shall be fund due to him eftir compt.
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Anent the supplicatione givine in to the estates of parliament, now conveened in the fourt 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, quhairof the tennor falloweth: The humble petitione of the gentlemen of Lanerkeshyre. May it please this most honorable court of parliament to remember, when be the oath of ane solemne covenant wee are ingadged to defend the priviledges of parliament and the libertie of the subject within the kingdome of Ingland, how much by the Nationall Covenant of our ancessours explained and of late tuyse solemlie renued we are bund to oppose everie thing distructive to athair of these within the kingdome of Scotland, and sieing (wnder favour) we doe conceive that the privilege of parliament sufferes when the channell of electione of commissioners for shyres is not cleere and frie, the verie inlet of the gentrie, thair admissione to the parliament and the libertie to the frie holders to be supplanted by surreptitious electiones. Our adrese for the remedie of these is to this most honourable court, humbly beseicheing that wee may have in comoun with other shyres the libertie of chussing of commissioneres at this Michaelmes court insueing according to the act of parliament, ordeaneing ane yeerlie electione that as all shyres wnder your obedience hath ane equall interest in the wellbeing and happines of this kingdome, so all being in a lyke conditione of freedome yow may from all receive the same returne of faithfullnes and service, as the supplicatione beires. The saides estates of parliament, eftir mature deliberatione and full debate, grantes the desyre of the said supplicatione and findes that the supplicantes hes power of electione at Michaelmes conforme to the act of parliament.
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The estates of parliament, presentlie conveened in the fourt 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, takeing to thair considerationes the tuo supplicationes falloweing, quhairof the tennor is wnderwrittin: Wnto the honorable estates of the highe court of parliament, the humble supplicatione of Dame Margaret Hay, countes of Cassills and Johne, erle of Cassills, hir spous, for his interest, for hir selfe and in name of ladies Jeane, Anna, Margaret and Suffia Kers, laufull doughteres to the said countes of Cassilles procreat betuixt hir and umquhile Harie, lord Ker, hir first husband, sheueth that quhair be the contract of mariage past betuixt the said umquhile Harie, lord Ker and Robert, erle of Roxburghe, his father, one the ane pairt, and the said Dame Margaret Hay and hir freends one the other pairt, thair is expresslie provydit and appoynted to be payed for the mentenance and interteanement of the bairnes, famelie of the said mariage, the soume of sex thousand and four hundreth merkes yeerlie as the annuelrent of fourscoire thousand merkes specified in the said contract, and quhilke mentenance is be the said contract appoynted to be payed yeerlie to the freendes of the saides doughters one the mothir syde be whom they are also appoynted be the said contract to be educat, beginand the first termes payment of the said mentenance at the first terme eftir the decease of the said umquhile Harie, lord Ker, who deceased in Januar 1643 yeeres. Lykewayes the neerest freendes of the said four doughteres one thair mothers syde be ane declaratione, right and assignatione subscryved be them hes declaired and appoynted the saides four doughteres to be educat, beand with me, the said Dame Margaret Hay, thair mother, till thair ages of fourteene yeeres compleet, conforme to the said contract of mariage, and hes givine me power to wplifte the foirsaid mentenance and to persue thairfore alsweell for all bygones as in tymecomeing dureing the said space, and hes assigned me thairto for the wse and interteanement foirsaid. And houbeit that the said Robert, erle of Roxburgh, both as pairtie contracter in the said contract and as air malle served and retourit to the said umquhile Harie, lord Ker, his sone, is obleist in law, equitie and reasone to make payment of the foirsaid yeerlie mentenance of sex thousand, four hundreth merkes for the interteanement of the saides childrin, alsweell for all termes bygone since the deceis foirsaid of the said Harie, lord Ker as in tymecomeing till the saids dough[t]eres and ilke ane of them respective atteine to thair full age of fourtene yeeres compleet, neverthiles the said erle of Roxburghe hes still postponit and yit refuises to make payment thairof to me, the said countes of Cassills, thair mother, and as haveing right to thair educatione and mentenance foirsaides, quhairthrow I and my saides childrine are heavily wronged and prejudged be the deteaneing of that which is estimat for thair mentenance and aliement, they being fatherles orphanes and haveing no other present meanes nor estate to leave wpoun in thir tymes of trouble and calamety wpoun the kingdome. Heirfore we humbly beseeke your lordships that we may have warrand to charge the said erle of Roxburghe to compeir before the parliament or thair committies to ansuer to the premiss and to heir and sie him decernit to make payment to me, the said countes of Cassilles, and to the said erle of Cassills, my spous, for his interes, for the wse and aliement foirsaides of the foirsaid mentenance of sex thousand, four hundreth merkes yeerlie, and that allsweell for all yeeres and termes bygone since the tyme foirsaid of the said umquhile Harie, lord Ker, his deceis, as yeerlie and termlie intymecomeing till my said four doughteres and ilke ane of them respective atteane to thair said ages of fourteene yeeres compleet, conforme to the said contract of mariage and right foirsaid made to me, the said countes, of thair educatione and mentenance abovewrittin, and your honours ansuer we humbly attend. Wnto the honorable estates of the highe court of parliament, the humble supplicatione of ladies Jeane, Anna, Margaret and Suffia Keres, laufull doughteres to umquhile Harie, lord Ker and Dame Margaret Hay, now countes of Cassills as mother, and Johne, erle of Kinghorne and Frederike Lyoun of Bridgetoun, grand uncles to the saides bairnes, sheueth that quhair wee, the saides four childrine and oyes to Dame Jeane Drummond, countes of Roxburghe, our guiddeme, as onlie neirest of kine to hir, hes the wndoubted right without reversione to all jewells, ornaments, abulyementes and other goodes properlie and solly belonging to the said umquhile countes of Roxburghe, our grand mother; lykeas wee have the onlie right as neirrest of kine foirsaid to the said umquhile countes, hir halfe and portione of all other moveables quhilke perteaned in comoun to the said erle of Roxburghe and countes of Roxburghe the tyme of hir deceise; lykeas the estates of parliament wpoun the said erle of Roxburghe, his supplicatione, did formerlie grant warrand to the erle of Lauderdaill and otheres commissioneres at Londoun to receive all jewells, plaitt and other goodes quhilke perteaned to the said umquhile countes and wer in Ingland the tyme of hir deceis and to delyver the samene to the said erle or any haveing his warrand to be disposed wpoun be him at his pleasor; and sieing the saides jewelles, plaitt and otheres moveables will be of great importance and that if the samene be not inventored and secured for our wse wee willbe heavie suffereres, and be the calamety of tyme and other inconveniences which may interveine if presentlie course be not takine for preveining of our prejudice thairin, heirfore and sieing it is incumbent to the honour and justice of the parliament to provyde for the securitie of fatherles orphanes, our humble desyre is that your lordships would give command and warrand to the commissioners of Londone, or any others who hes received or shall receive the saides jewells, plaitt, abulyementes, ornamentes and otheres properlie belongeing to the said umquhile countes, till make inventour thairof and sequestrat the same till it be determinat be the parliament or thair comitties or be ony other judge ordinar to quhom the samene justlie belonges; and sickelyke that wee may have warrand to chairge the said erle of Roxburghe to give wp trew inventours of all the moveable soumes, goods and otheres goodes perteaneing in commoun to him and the said umquhile countes, our guiddmother, the tyme of hir decease, to the effect that the portione belonging to us as nerrest of kine foirsaid may be made knowne and secured for our wse. And in respect that the said erle of Roxburghe, our guidsir, is tutour to us and that thair will be diverse questiones and actiones betuixt the said erle and us which cannot delay till the expyreing of our said tutorie without our great damnage, heirfore wee humblie beseeke your lordships to give and nominat curatores and tutours to us tam ad lites quam ad negotia for prosecuteing and manageing of all affaires and actiones that shall be questiounable betuixt the said erle and us. Falloues the tennour of the other supplicatione and ansuer made to the former: To the honorable estates of the highe court of parliament, the humble ansuer of Robert, erle of Roxburghe to the pretendit billes and complanes givine in be Dame Margaret Hay, countes of Cassilles and Johne, erle of Cassilles, hir spous, for his interess, for herselfe and in name of ladies Jeane, Anna, Margaret and Suffia Keres, hir doughters procreat betuixt hir and umquhile Harie, lord Ker, hir first husband, aganes the said erle for ansuer to the foirsaides billes. As the said erle of Roxburgh is not unwilling that all actiones and materes questionable or that may be contravertable betuixt the said countes of Cassilles, hir childrine, his oyes and him should be determined and decydit be law before the ordinarie judge competent, so the said erle is maist confidentlie assured that considdering the nature and consequences of these actiones and maters mentionat in the foirsaides bills the honorable estates of the highe court of parliament will in thair wisdomes, equitie and justice find that (according to the continowall incontraverted lawes and practice of this realme) the parliament nor no committies from them cannot be judges competent in the foirsaides actiones and materes, bot that the cognitione and determinatione of the saides materes, being ordinar civill actiones, doeth onlie belong to the lords of sessione and other inferiour judicatories of this realme to be discust be them according to the standing lawes. Because in the disput of theise actiones the contract of mariage betuixt the said umquhile Lord Ker and the said countes of Cassills, the aires alsweell maill as of lyne of the said Lord Ker, the aires of the umquhile countes of Roxburghe, the tutours testamenters and otheres tutours (if any be) of the doughteres of the said Lord Ker and diverse otheres questiones of law will inevitablie occurre to be discussit quhilkes per rerum natura cannot be proponit, dispute nor decydite before this honorable and highe court of parliament nor without the helpe, assistance and advyce of advocates and laweres. And the said erle of Roxburghe would humblie desyre the honourable estates of this highe court of parliament that no actione of the nature of these compleint wpon wes ever determined before the parliament of this kingdome, nor no other particular civill actione or cause quhatsomevir except the samene hade bene referrit to your lordships be the senatours of the college of justice as a bussines not formerlie determined be any standing law, practike or act of parliament. For the quhilkes and many other reasones obvious to the wisdomes of the honorable estates of parliament, the said erle of Roxburgh doeth not doubt bot your lordships will find themselves not to be judges competent in the saides materes, and thairfor the said erle of Roxburgh (wnder protestatione of his humble and due respectes and without the leist thought or intentione of offence to this honourable and highe court of parliament) doeth by these presentes, in all humility, according to the laufull and laudable lawes of this kingdome, declyne the saides honorable estates of the court of parliament and thair comitties as nowayes judges competent in the foirsaides actiones mentionat in the supplicationes abovewrittin nor any of them. The saides estates of parliament remittes the tua supplicationes abovewrittin and haill differences betuixt the pairties thairinmentionat to the erles of Pearth, Lauderdaill, Southeske and Lord Carnagie for the pairt of the erle of Roxburghe, and to the marques of Argile, erles of Craufurd and Lanerke and Lord Yester for the ladies petitioneres in the first supplicatione abovementionat, with power to the saides noble lordes, arbitours, to decyde, and failzieing thairof, to choose ane overseman; and if they cannot agrie on ane oversman or that the oddseman choosine be them shall not decerne, then the comitty of estates to have power to decerne; to whom in that caise the estates of parliament remitts the determinatione foirsaid and decisione betuixt the saides pairties.
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Anent the articles presented be the commissioneres of the church, quhairof the tennor falloweth: Forasmuche as wniversities are the seminaries of kirke and state and the provyding the pryme places thairin with able and honest men is most proffitable and necessarie for the trayneing wp of youth for the good of kirke and commonwealth, thairfore the estates of parliament doe command and ordeane that if it shall happine the place of a principall to be vacant in any colledge within this kingdome, the same shall not be filled without the advyse and consent of the generall assembly or ells of the visitoures of the wniversities respective allreddie appoynted or to be appoynted by the parliament and generall assembly of this kirke. The estates of parliament ordeanes all pairties haveing interese to be heard and continowes the finall determinatione and conclusione of the samene to the nixt sessione of parliament, and ordeanes no presentatione of ony persone to pryme places of wniversities to be made before the nixt sessione of parliament.
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The estates of parliament, now conveened in the fourt sessione of this first triennall parliament be vertue of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, takeing to thair consideratione the former approbatione granted in the preceeding sessione of this parliament to Generall Major Hurrie, they of new agane ratifie the former approbatione and ordeanes him to be recommendit to the generall and comitty of estates for getting imployment with the Scotes army in Ingland and that he should be satisfied of his bygone dues and arreires, and remittes to the comitty of estates to appoynt officeres for the army heir.
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Anent the supplicatione givine in to the estates of parliament, now presentlie conveened in the fourt 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, quhairof the tennour fallowes: My lordes and others of the estates of parliament, I, your lordships servitor, Alexander Brodie of that ilke, humblie meanes that quhair I am nather sorie nor ashamed to be broght before yow in ane caise so singular, it is not my fault that I suffer, for except it should be callit a fault to serve God, and yow I know, besyde the testimonie I may have within my selfe, I may and am confident of the testimony of this honorable house that as they sitt heir with justice and reassone thane what I have or may suffer in this caus in my persone and estate is for ane cause not les honorable and just thene is the name and authoritie of this highe court. Not I, bot the priviledge of it is more imediatlie strickine and hunted at I intend not to make this ane apologie or introductione to my loises that they should at this tyme be thought wpoun. It wer folie and shame to mentione it quhill all the handes and estates yow have is but enuch to defend the head; the good success of your present intentiones is of more value and will be deirer to any honest heart than a thousand of thair lyves. I make no mentione of burneing of houss, landes, corneyairds, spoyleing of goods and cattell; I onlie crave what is in your hand to give and the giveing quhairof may weell augment bot not diminish your treasury or authoritie. Your enemyes are skillfull to distroy amonges the rest in this commone calamity the writes and evidentes quhairby I have title to enjoy the small estate wherto I succeid are not in pairt but whollie distroyed. I am throughe this loise and distructione of writes, evidences, contractes, dischairges and otheres such lyke exposed to ane hundreth, yea, many yeires troubles and pley; I have nothing to ansuer if any thing be cleamed, thought nevir so wnjustlie; I have no title to cleame nor aske from otheres, thought with nevir so great reassone or justice my inconveniences are more is I can reckone or ansuer, and they offer themselves to any judicious eye I humblie accept this at the handes of God, and not theise I would be sorie to have distrustfull, discontented thought. I resolved before this with the loise of lyfe and all, thought this and all loises hade bene presented to me and the cause to be entered wpon of new I would thinke it ane great faintnes or wickednes to be cold or ly by tho I should thairby preserve all. I lay doune all I have at your feet. I cannot escape false and wnjust persutes if yow bar them not, and if yow make not my escape, I cannot bot perishe. My humble desyre is that, as the constancie and confidence of your servant is come to view, so it may please your lordships to pas some act of favour for my securitie, not only in my land and heritadge, mylne and multours, but to shoot the door aganes all actiones and persutes which wpoun this occasione may be intendit or heirtofor hes bene depending aganes me, quhairin I am heavilie prejudged in the probatione of my laufull defenss by the burneing of my writtes and evidentes. And if your lordships presseing effaires for the publict doe not spair so much tyme for takeing my desyre to consideratione, I humbly desyre that your lordships would be pleased to remitt the desyre of your servant ather to ane particulare committie or to the comittie of estates to be appoynted to sitt eftir the dissolveing of this present sessione of parliament, to doe thairin as they shall thinke fitting for secureing me in maner foirsaid and according as I shall particularlie remonstrat to the said comittie my particular sufferinges and prejudices throw the burneing of my saides writtes and evidentes as said is, as the supplicatione proportes. Quhilke supplicatione, being red and considdered be the saids estates of parliament, the saides estates hes remitted and heirby remittes and recommendes the samene and desyre thairof abovespecefeit to the committie of estates, to be takine in consideratione be them, with power to them to determine and to doe thairin as they shall thinke expedient.
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Anent the supplicatione givine in to the estates of parliament, now presentlie conveened in the fourt 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, quhairof the tennour falloweth: To the honourable estates of this present highe court of parliament, the humble petition of your honours servitours, the inhabitantes of the toune of Staneheavine, sheweth that our haill toun is latlie brunt be the enemy and all our goodes spoilled and takine from us so that wee are wtterlie herried. Our humble desyre is that your honours would be pleased to grant us ane recommendatione to the noblemen, gentilmen and burgess duelling benorth this water of Forthe for giveing us some support to rebuild our houss and repaireing our bullwarke, which is verie wsefull for preservatione of shipes and barkes in tyme of storme, and your honours ansuer, as the supplicatione beires. Quhilke supplicatione and desyre thairof abovewrittin being heard and considdered be the estates of parliament, the saides estates grantes the desyre of the supplicatione abovewrittin and gives them full power and licence for collecting of ane voluntar contributione for the wse foirsaid from all such noblemen, gentlemen and burgess as duelles wpoun the northsyd of the water of Forthe, provydeing allwyes, lykeas it is heirby provydit that the same contributione sua to be collected shall not exceed the soume of fourtie thousand punds.
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The estates of parliament, haveing heard the lord chancellour make report of the lord generall and comittie with the Scotes army in Ingland, thair intentiones and desyres conserneing Generall Major Johne Leslie of Myres anent his imployment in this kingdome, they recommend the same to the consideratione of the committie of estates.
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Anent the supplicatione givine in to the estates of parliament etc., quhairof the tennour falloweth: My lordes of parliament, your lordships verie humble servant, Thomas McBirnie, sent from the garisone of Cairlile to present to your lordships the conditione thairof and the officeres humble desyres, doe solicite your lordships earnestlie for ane favourable heiring and dispatch in regaird of some straitts they are in at my comeing heir from that place about a fourtnight since, and your lordships ansuer in this humblie I intreat, as the supplicatione proportes. The saides estates hes remitted and heirby remittes the said supplicatione, with the desyre thairof, to the comittie of estates, to be tane in consideratione and determined by them as they shall thinke expedient.
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The estates of parliament, presentlie conveened in the four 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 red the lettires from the houss of the parliament of England and thair commissioners thaire and heard the lord chancellour's relatione of the conditione of effaires thair and haveing considdered the paperes givine in of the 20 and 28 of June by their comissioneres their for setling of religione and carieing one of the warr by the joynt counsells and forces of both kingdomes and for rendering the propositiones of the parliamentes of both kingdomes for a safe and weel groundit peace, doe wnanimouslie approve the same and give full warrant and power to the committie of estates to writ and doe what they shall thinke expedient to the king, the parliament of England and the commissioneres of the parliament of this kingdome in persuance of the desyres expressed in the said paperes, and what they shall writ thairanent to bee and beare date as from the parliament.
[1645/7/24/46]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened in the fourt 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, takeing to thair consideratione the article exhibite wnto them for repayment to Thomas Cunynghame of these moneyes restand to him be the publict, doe thinke that some reall course be takine for that effect, and for facilitating thairof grantes commissione to the erle of Glencairne, laird of Libbertoun and proveist of Edinburgh to meit in the erle of Glencairnes house the morne at sex houres in the morneing and to report the morne to the parliament.
[1645/7/24/47]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened in the fourt 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, for good considerationes moveing them, doe eike and add Sir Harie Gibb to thoise formerlie nominat for the committie of estates, and doe appoynt him to have ceance and voyce as ane of that nomber and as if he hade bene nominate ab initio.
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The estates of parliament etc. ordeanes ane lettir to be drawne to the committie in Ingland and lord generall approveing and consenting that the Lord Livingstoun shall have the regiment of the 1,000 horses to be leaveyed be ane pairt of the bygone arreires due be the kingdome of England.
[1645/7/24/49]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened in the fourt 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 tennor of the supplicatione exhibit wnto them be Sir Johne Smyth of Grottell, knyght, proveist of Edinburgh, and Robert McKene, comissioneres for the said brughe, representing wnto them the great extremitie quhairwnto that burghe is reduced be the present visitatione of the pestilence quhairby the inhabitantes of that toun have bene forced to reteir, and in that great exigencie the citie is so dispeopled that they are not able to doe charitable dueties to the persones infected, and with great difficultie to keepe ane small gaird about thair prisoneres, so that the saides prisoneres may ather escape at thair pleasour for want of ane gaird which the toun is wnable to furnish or els perishe throw the want of meat and drinke throw the death and diversione of these persones who formerlie wer accustomed to furnishe them the meanes of thair lyveliehood. Thairfore the saides estates, wpoun serious consideration, hes enacted, statute and ordeaned and be thir presentes enactes, statutes and ordeanes that all these prisoneres and everie ane of them who for civill bussines, bandes, debtes or ryottes are incarcerat within the tollbooth or prisoun house of Edinburghe; as also those who wer brought from Aberdene and are presentlie in thair jaill callit the Thives' Hole shall be transported from these prisones respective to the particular toun, places and otheres wnderwrittin to be keeped, restrayned and interteaned by them in that conditione and assurance wherwnto the toun of Edinburgh wes lyable before the date of thir presentes, viz: to the toun of Glasgow, the nomber of [...]; to the toune of Lithgow, the nomber of [...]; to the toun of Haddingtoun, the nomber of [...]; to the toun of Lanerke, the nomber of [...]; to the toune of Bryntyland, the nomber of [...]; to the toun of Kinghorne, the nomber of [...]; quhilke prisoneres foirsaides sua to be transported ordeanes the said toun of Edinburghe to cause carie with ane sufficient gaird to the borderes of thair owne jurisdictione to the severall sherreffs, stewarts and magistrates of these shyres, tounes and boundes quhairthrow the saides prisoneres are to be convoyed, and wpoun the said borderes of thair jurisdiction to delyver the saides persones respective to the saides sherreffes, stewartes or magistrates with ane particulare note of the cause and reasone of thair imprisonement quhairwpoun the saides sherreffs, stewartes or magistrates shall delyver ane recept of the saides prisoneres and cause of thair imprisonement. Which recept of the saides prisoneres shall be ane sufficient exonoratione and liberatione to the toune of Edinburgh for all the persones and causes conteyned in the said note. And the saides sherreffes, stewarts and magistrates shall carie the saides prisoneres to the limites of thair jurisdictiones and thair delyver the saides prisoneres wpoun the lyke recept as is abovewrittin, quhilke shall also be ane sufficient exonoratione to them, and so furth to all the sherreffs, stewartes and magistrates wherthrow they sall pas till the saides prisoners be delyvered to thair severall wairds abovexprest. And leist thair should be ony unwillingnes to receive the saides prisoneres from the toun of Edinburgh ather in the way of thair convoy or to receive them in the places of thair incarceratione, thairfore the saides estates declaires and ordeanes that the nixt sherreff, stewart or magistrat being requyred by the toun of Edinburgh or any haveing power from them shallbe obleidged to receive the prisoneres off thair handes according to the divisione abovenamed within four houres eftir the saides prisoneres shall be caried to the limitts of that jurisdictione, the said sherreffe, stewart or magistrate being adverteised and requyred thairto be ane notar and witness tuentie four houres preceeding the tyme of the recept appoynted. And incaise of thair refusall of any sherreff, stewart or magistrate to receive the saides prisoneres from the magistrats of Edinburgh or otheres, thair procuratours haveing thair mandat, then the toun of Edinburgh to be frie of all danger, cleame or punishment which they might incurre throw the escaiping of the saides prisoneres or everie ane of them. And this course of requisitione and certificatione is lykewayes ordeaned to be extendit, obeyed and observed by everie sherreff, stewart [and] magistrate throw whose jurisdictiones the saides prisoneres shall pas respective wntill the same prisoneres and each one of them be delyvered into the severall places of thair imprisonementes abovewrittin. And incaise any of the saides sherreffs, stewartes or magistrates eftir the foirsaid requisitione of tuentie four houres respective shall refuise in thair order eftir the attendance of four houres to accept and receive the saides prisoneres and convoy them till they be delyvered to the last jaill in maner abovementionat, then the saides refuiseres shall be obleidged in all the pane and punishement which the toun of Edinburgh might incurre throw thair escaipe, and so furth be order from the first to the last in maner abovexprest. And the said toune of Edinburgh and all otheres, observeres of the premiss, shall be frie of all danger and hazard whatsoevir which might redound to them be the escape of the saides prisoneres and the persones, refusers to obey the premiss, to be lyable thairwnto as accordes of the law.
[1645/7/24/50]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now conveened in the fourt 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, considdering that the honorable houss of the parliament of England have be thair lettires of the date of the [...] day of [...] declaired that they have made choyse of some commissioners and authoreized them with power to repair into this kingdome and to treate one such thinges as are intrusted to them and conserneing the interess and good of both kingdomes, and finding it expedient for this effect that some persones of eache estate be imployed to joyne with these our comissioneres formerlie nominate be the estates of this kingdome for treateing anent the articles of peace with the kingdome of Ingland, doe thairfore nominat, make choyse of, add and conjoyne to the foirsaides former commissioners for the treatie the persones wnderwrittin, viz: the erle of Loudoun, lord chancellour, to be supernumerarie, the erles of Craufurd, Mershall, Lanerke, Sir Johne Hammiltoun of Orbestoun, justice clerke, Sir Williame Cochrane of Coudoun, Mr Robert Meldrum of Brughly, Mr Alexander Weddirburne, commissioner for the toun of Dundie, Johne Kennedy, commissioner for the toun of Air, and Williame Glendonying, commissioner for the toun of Kirkecudbright, (or any fyve of them, thair being ane of each estate) to meit with the saides commissioneres from Ingland at [...] or any other place the committie of estates shall thinke fitting and to heir them, receave any propositiones [that] shallbe givine to them and give in propositiones to thame and to treate and debate thairwpoun according to the instructiones givine or to be givine them be the parliament or committie of estaitt.
[1645/7/24/51]*[print] [email] [cite] [preceding] [following]
Anent the supplicatione givine in to the estates of parliament, quhairof the tennor falloweth: Wnto the honorable estates of parliament, humblie meaneth your servitours, the inhabitantes of the toune of Innerrara, that quhair it is not wnknowne to your honouris that the barbarous rebelles have alltogidder brunt and distroyed the said toun with the cuntrie thairaboute and thairby ruined and utterlie wraiked ane great nomber of housholderes and people, induelleres of the toun, and sieing the said toun and place wes verie considerable and wsefull to the whole kingdome for the fishings of the west sea and that the said fishing will be heavilie prejudged (if not altogidder lost) if the said toun shall not be repaired and reedified, as lykewayes we, the inhabitantes, reduced to extreme necessities wnles your lordships provyde remeid, heirfore we humblie beseeke your lordships to take our conditione into your charitable consideratione and to grant publict warrand and permissione and to receave ane Christiane voluntar contributione from the west and south pairtes of this kingdome, and your honours ansuer, as the supplicatione proportes. Quhilke supplicatione being red in audience of parliament, and the samene, with the desyre thairof, takine in thair consideratione, the saides estates grantes the desyre of the supplicatione abovewrittin and gives power to the saides inhabitantes of the said toun of Innerara to collect ane voluntar contributione for the use foirsaid out of the west and south pairtes of this kingdome, conforme to the desyre of the said supplicatione.
[1645/7/24/52]*[print] [email] [cite] [preceding] [following]
Anent the supplicatione givine in to the estates of parliament etc., quhairof the tennour falloweth: The humble petitione of the inhabitantes of the toun of Cullen to the honourable estates of parliament, sheweth that our haill toune is laitlie brunt be the enemy and all our goodes spoiled and takine from us so that wee are wtterlie herried; our desyre is that your honours would be pleased to grant us ane recommendatione to the noblemen, gentlemen and burgess duelling be north this water of Forth for giveing us some support to rebuild our houss and menteane us in our present necessitie, and your honours ansuer humblie we beseike, as the supplicatione beires. Quhilke supplicatione being red in audience of the estates of parliament and the samene, with the desyre thairof, takine to thair consideratione, the saides estates grantes the desyre of the supplicatione abovewrittin for ane voluntar contributione for the wse foirsaid from all persones duelling be north the water of Forth, provyding allwayes, lykeas it is heirby provydit that the same contributione sua to be collected shall not exceed the soume of fourtie thousand pundes Scotts.
[1645/7/24/53]*[print] [email] [cite] [preceding] [following]
Anent the supplicatione givine in to the estates of parliament etc., quhairof the tennour falloweth: The humble petitione of Mr Robert Cunynghame of [...], burges of Kinghorne, in name and behalfe of David Ballfoure, my sone in law, and David Riddoch of Abirlednoch, in name and behalfe of Mr Alexander and James Riddoches, my sones, now presentlie captives wnder the barbarous Turkes of Argire. Wnto the right honourable the estates of parliament now conveened at Pearth, humblie sheweth that quhairas the said David Ballfour, Mr Alexander and James Riddoches, our sones, accompanied with diverse otheres Scotes merchantes to the West Indies in the shipe perteaneing to the said David Ballfour, wer in the moneth of October lastbypast with thair haill meanes takine be the Turkes and ever since hes bene most barbarouslie wsit be them, as thair lettires wnder thair handes will shew. And in regaird thair haill meanes wes takine with themselves and wee not able to ransone them, heirfore leist that the glorious Gospell and our professione should suffer in them for want of ane ransone, wee most in all humilitie have our adrese wnto your honours, most humblie intreateing your honours to take to your consideratione the slaverie and captivitie and most barbarous wsage of our saides sones and thair coepairneres and fallow prisoneres that wer takine with them, and to grant your honours warrand and recommendatione to the severall presbetries for getting some charitable supplie and helpe from good and weell affected Christianes for thair ransone and helpe and releasment, quhairby our Lord's honour, his Gospell and our glorious professione may no longer suffer by the bloodie mouthes of these barbarous and professed enemyes of Christ, which are dayly oppoined in most barbarous and blasphemous maner aganes our Lord when any of our people are deteaned thair for want of ane ransone, which wee are confident will be ane motive to your honours to grant ane gracious ansuer to this our humble petitiones, as the supplicatione beires. Quhilke supplicatione being red in audience of the estates of parliament and the samene, with the desyre thairof, takine into thair consideratione, the saides estates recommendes the said supplicatione and desyre thairof abovewrittin to the generall assemblie, to be recommendit be them to the presbetries of the sherreffdomes of Louthiane, Fyiffe, Pearth and Stirling shyres and to doe thairin as they shall thinke fitt and expediente.