50 dies parliamenti
[1645/11/206]*[print] [email] [cite] [preceding] [following]
Prayeris said, rollis called.
The estates of parliament, haveing hard and considered the report of that committie appointed by them for considdering of the accomptis of the moneyis dew to Mr Robert Farquhar, provest of Abirdene, be the publict and for condiscending upon some meanes and wayis for his satisfaction, they find that there is adebtit and dew to him the sowme of ane hundereth threttie thrie thousand, ane hundreth tuo punds xj sh. viij d. Scotis money to have bene payit at Whitsonday 1643 yeiris, conforme to ane act of the committie of estates granted to him for payment therof; as also that there is dew to the said Mr Robert Farquhar, for bygane anuelrentis of the sowme abonementioned, the sowme of tuentie sex thousand, six hundereth tuentie punds 10 sh. at Mertimes last 1645 yeirs; and heirwith also considdering the said Mr Robert Farquhar, his sufferingis and present necessitie, and that in his accomptis with the publict the meale furnished be him was at the rate of four punds and four pundis iij sh. iiij d. the boll, and six punds was allowed to uthirs for the lyke; and that lykewyse he haveing brocht his moneyis quhilk was formarlie assigned to him be the estates from London to Bruntyland, the committie of estates, in thair urgent necessitie, took the samen moneyis fra him; the saidis estates findis and declares the foresaid principall sowme and anuelrent abonementioned to be ane publict debt dew be the estates of the kingdome to the said Mr Robert Farquhar, and doe heirby obliedge the estates of the kingdome for payment to him of the samen sowmes with anuelrent therfore till the payment thairof. And inrespect of the premisses and of the said Mr Robert Farquhar, his urgent necessitie, the saidis estates ordaines the foresaid sowme of tuentie sex thousand, six hundreth tuentie punds 10 sh., quhilk is the bygane anuelrent of the greater sowme abonementioned, togither with the equall halfe of the foresaid greater sowme of ane hundereth threttie thrie thousand, ane hundereth tua punds xj sh. viij d., dew to the said Mr Robert Farquhar of principall sowme in maner foresaid, to be payit to the said Mr Robert Farquhar, alloweing to him in the first end of the samen halfe the tuentie thousand merks contenit in the precept drawen upon the thesaurer of the armie for payment of that sowme to him. And for his better payment thairof, they doe heirby assigne to the said Mr Robert Farquhar ane just and equall thrid of the haill fynes and forfaltors quhilks sall happine to be gottine of the delinquents and malignantis be north Tay, and the halfe of the haill borrowed moneyis alreadie decernit to be lent and not yitt payit and that salbe ordaned to be lent for the use of the publict be anie persones of whatsomevir qualitie be north Tay ay and quhill the said Mr Robert Farquhar be payed of the foresaid sowme of tuentie sex thousand, six hundereth tuentie punds 10 sh. of bygane anuelrent and of the equall halfe of the principall sowme abonementioned, alloweing in that halfe the precept of tuentie thousand merks abonespecefeit. With power to the said Mr Robert Farquhar to persew for and uplift the foresaid just thrid of the saidis fynes and forfaltors and equall half of the borrowed money within the boundis foresaid and to give discharges thairupon, quhilk the estates declares to be [alse] sufficient to the ressavears as if the samen wer granted be the parliament, committie of parliament or be the generall commissar and his deputs quhill the said Mr Robert Farquhar be compleitlie payit of the foresaids sowmes now ordaned to be payed to him. Quhilkis sowmes the said Mr Robert Farquhar, being personallie present, declared he sould imploy of new agane for the use of the publict. And the estates declares that thir presentis, with the assignatioune abonewrittin, is alwayis but prejudice to Sir William Dick anent the actes made in his favors for his payment of the sowmes thairincontenit; as also but prejudice of the haill formar assignatiounes of the saidis fynes, forfaltors and borrowed moneyis.
[1645/11/207]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considdered the supplicatioune of George Jamesone, provest of Cowper, desyring payment of the sowme of fourtie thousand punds Scots dew to him be the publict and contenit in ane fitted compt subscryved be the Lord Humbie, thesaurer of the armies, or of some pairt of the samen sowme for supplie of his present necessities and payment of his maist urging creditors, as the suplicatioune mair fullie beiris, they doe heirby give, grant and dispone to the said George Jamesone, supplicant, the fynes and moneyis to be lent within the shireffdome of Fyiff whill he be payed of the equall halfe of the foresaid sowme of fourtie thousand pundis dew to him, but prejudice of the formar assignations of the saidis fynes and lent moneyis within the shireffdom of Fyiff, and to the said Sir William Dick of his act and right to the samen fynes and lent moneyis, quhilk the estates declares is reserved and unprejudged heirby. And alse the estates doe heirby seriouslie recommend the said George Jamesone, supplicant, to the committie for the moneyis to mak up to him payment of the foresaid whole sowme of fourtie thousand punds abovewrittin sa far as the fynes and lent money in Fyiff (with reservatioune foresaid) will not compleitlie pay him, and to tak sick effectuall course for his payment heiranent as the committie sall think fitt, that he be not frustrat and delayed of payment.
[1645/11/208]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the desire of the supplicatioune craveing that Johne Hepburne of Eistcraig, collector of the monethlie mantenance within the shireffdom of Eist Lothiane, be ordaned to subscryve and delyver to the erle ane full discharge of the last sex monethis mantenance dew be the erle according to the proportion of the first thrie monethis mantenance, seing he hes ressaved payment of the last six monethis at the proportion of the first thrie, as the suplicatioune beirs, they, upon the second day of Januar last, gave warrand for citatioune of the said Johne Hepburn to have compeired and ansered to the foresaid desire, quha was accordinglie sumond, personallie apprehendit be ane messinger of armes to have compeired before the parliament or committie thairof the fourtene of Januar last, as the warrand for citatioune and executioune thairof also beirs. Quhilk being called before the committie for the bills, the said Johne Hepburne of [Eist]Craig compeired not, quherupon that committie, haveing tane the foresaid suplicatioune and desire thairof with what was producit be the erle of Wintoune for instructing of the samen to there consideratioune, they made report thairof to the parliament, quhilk, with the premisses foresaid, being considdered be the estates of parliament, the saidis estates decernis and ordaines the said Johne Hepburn of Eistcraig, collector of the monethlie mantenance within the shireffdom of Eist Lothian, to subscryve and delyver to the said George, erle of Wintoun ane totall and full discharge upon the payment of the last sex monethis mantenance whilk wes dew be the erle of Wintoun to the publict and quhairof the collector hes receaved payment, according to the proportion of the sowme payit be the erle to him of the first thrie monethis mantenance of the nyne monethis granted be the estates in the second session of this parliament and in the fourth session thairof at Perth respective, becaus the collector was laufullie sumond to the effect abonespecefeit and compeired not. Lykeas the erle producit to the estates ane discharge of the first thrie monethis mantenance, with ane ticket of ressait be the said Johne Hepburne, beirand the ressait of the sowme thairinspecefeit in pairt of payment of the last six monethis mantenance; quhilk sowme compleitis the erle's monethlie mantenance for the six monethis at the rate and proportion of the sowme contenit in the discharge of the formar thrie monethis, and ordaines letters to be direct heirupon, if neid beis, in forme as effeirs.
[1645/11/209]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now conveened in the fyift session of this first trienniall parliament, takeing to thair serious consideration how necessar it is for the good of the kingdome and for the right and more orderlie regulating of the mater of moneyis and publict accomptis, debtis and burdingis thairof and for bringing in of moneyis and uthir provision and distributing of the samen for mantenance and intertinement of the armies and garisones within the kingdome, that a select committie be nominat, authorized and appointed be them for that effect, thairfore the saidis estates of parliament heirby nominatis, authorizes and appointis the persones following, viz: William, Erle Marshell, Johne, erle of Cassills, James, erle of Tullibardine, James, erle of Findlater, [...], vicount of Arbuthnot, Robert, lord Burghlie and James, lord Cowper for the noblemen; Sir Johne Hoip of Craighall, knyt, ane of the lordis of session, [...] Weymis of Bogie, Sir William Cochran of Cowdoun, Sir William Forbes of Craigivar, Mr George Dundas of Maner, Arthour Forbes of Echt and [...] Arbuthnot of Findowrie for the barrones; James Stuart, baillie, merchand burges of Edinburgh, George Gardyne, merchand burges of Bruntyland, and Alexander Jaffray, merchand burges of Abirdene, George Jamesone, provest of Cowper, Mr James Campbell, burges of Dumbartan, James Pedie, burges of Monrose, and Robert Lokhart, merchand burges of Edinburgh, and Sir Adam Hepburne of Humbie, thesaurer of the armies, to whome or quorums respective eftirmentioned the estates of parliament grantis heirby full power and commission to prosequute the wayis and meanes alreadie layed doune for bringing in of moneyis for the use and intertinement of the armies and garisones within this kingdome, and for this effect the estats prorogatis the power for borroweing of moneyis for the use foresaid to the nixt session of this present parliament, and heirby restrictis the power of the foresaid committie and quorum thairof anent the borroweing of money intymcomeing during the said space to be reuled and limited as followis, viz: that they sall not borrow from anie persone anie sowme above that quhilk the committie or quorum thairof sall find to be the halfe of ane yeiris frie rent perteining to that persone fra quhom the moneyis to be borrowed, nor above the tuentie pairt of the stock in money or moveables or baithe, quhilk the committie or quorum foresaid sall find to be the stock of that persone or persones fra whome the money is to be borrowed. 2. That there salbe no borroweing from anie who have alreadie lent and is not repayed. 3. That these to quhom anie considerable sowme of money is adebtit be the publict sall not be troubled with lening of money to the publict. 4. That these who ar actuallie imployed in the service of the severall armies sall not be troubled with lening of moneyis to the publict for the use aforesaid. 5. That these whose estate sall not be fund be the committie or quorum thairof to be in land rent or uthirwayis worth fyve hundereth merks Scots yeirlie of frie rent, as also these whose stock in money or moveable guids sall not be fund worth fyve thousand merks Scotis, sall not be troubled nor urged to len moneyis for the use of the publict. And the estates recommendis to the foresaid committie and quorum thairof to have a speciall regaird in the borroweing of money for the caus abonespecefeit in maner before prescryved to the affection and formar cariage of the persones or pairteis fra whome it is to be borrowed and to thair sufferingis, thair burding and way of living and what charge of children they have; and ordaines the said committie and thair quorum to have a speciall care for the dispatche of all persones and pairteis that salbe conveened or cited before them for lening of moneyis that they be not delayed eftir thair appeirance for obedience of the citatioune given to them for lening of money, and that nane be cited to the effect foresaid bot by warrand past in presentia of the committie or quorum thairof. As also the estates grantis power to the committie or quorum thairof to call for payment of all byrune sowmes alreadie decernit to be lent and not yit payit, and to grant and subscryve publict actis and securities for anie sowmes alredie decernit or to be decernit to be lent for the use of the publict in maner before prescryved, quhilkis actis and securities to be granted and subscryved be the said committie or thair quorum respective the estates declares to be valide and sufficient to the ressavears for repayment of the sowmes to be lent be them. And siclyik the saids estates doe heirby nominat and appoynt the persones abonenamed to be commissioners for the excise, and grantis power and warrand to them, or thair quorum foresaid, or sick of thair number as they sall substitut and appoint, to governe the office of excise and appoint collectors, surveyars and uther under officers, and set doune suche actis and ordinances as salbe necessar and expedient for the speedie uplifting and ingathering of the said excise, and to doe everie other thing necessar and requisite for that effect, conforme to the act of parliament in July 1644 concerneing the commission and ratificatioune anent the foresaid excise and according to the act of parliament made the last of Januar 1645 anent the said excise and collecting thairof, and to prosequute the wayis and actis alreadie set doune anent the said excise as they sall think fitt. And lykewyse the saidis estates by thir presentis doe give power to the committie or quorum thairof to try, examine, process and sentence or to issue out sumondis or commissions for all just and legal tryell conforme to the lawis and practice of the kingdome against all malignantis except sick as the committie of estates and this committie, with mutuall consent of the quorums of bothe at the least, sall find fitt to process to death. With power likewyse to the committie or quorum thairof to impose fynes upon the saids malignants conforme to thair severall degries or classes of delinquencie according to the rules and appointment of the act of parliament made thairanent in this present session of parliament, and lykewyse with power to the committie or thair quorum to set in tak or sell the delinquents landis or moveables and to uplift the sowmes of money dew to these wha ar forfaulted or salbe forfaulted and wha ar fyned or salbe fyned and payis not the same, and to doe all uthir thingis contenit in the act of parliament of this present session made anent reall and personall executioune. With power to the committie or thair quorum upon the supplicatioune of anie delinquent eftir payment of thrie pairtis of his fyne to mitigat the fourth pairt thairof where the anuelrent of his debt exceidis the thrid part of his rent, conforme to that article of the act of classes set doune theiranent; as also with power to imprison anie accused for delinquencie and to liberat them out of prison if the committie or thair quorum shall find them not to be guiltie, and to give warrand to officers for transporting of these who ar in prison from one prison to ane uther, with power lykewyse to the committie or thair quorum to fill the places vacand of suche delinquents as ar in places and offices within this kingdome and salbe fund to loiss the samen, conforme to the act of classes. With power in lykemaner to the committie or thair quorum to give ordor and warrand to the generall officiars to muster the forces of the kingdome as the said committie or quorum foresaid sall think fitt, that equall payment may be made to officers and sojors; and alse grantis power to the said committie or thair quorum to conveene and persew these who have bocht or ressett plundered guidis, and eftir tryell to doe as they sall think fitt. With power also to the committie or quorum foresaid to compone in grosses for the excise of tobacco bygane and to come. With power also to the said committie or quorum to provyde for the subsistance of lamed sogors in the publict service, necessitous persones, widowis and childrene whose fathers and husbands wer killed in the service of the publict. And the estates ordaines and appointis the said committie or thair quorum to advyise with the committie of estates what farder personall punishment salbe inflicted by confynement, banishment or imprisonement eftir payment of the fynes in maner prescryved in the act of classes. And in lykemaner with power to the committie or thair quorum to assist the collector generall in calling in the monethlie mantenance imposed upon the severall shyres and burghes of this kingdome for mantenance of the armies, conforme to the act past in this present session of parliament concerneing the said mantenance, and to call in the accomptis of the rentis, sowmes, guidis and uthirs belonging to all malignantis and forfaulted persones, togither with all uthir accomptis concerneing the publict, and to close, allow, comptroll or disallow thairof as they sall find the same just and reasonable; and to give commissions for uplifting and intrometting thairwith, and to tak securitie for the samen. And with power to them to examine and recall all commissions formarlie granted for uplifting and intrometting with anie of the saids rents, sowmes, guids and uthirs aforesaid suche as the committie or quorum thairof sall think fitting, except the commission or factorie granted to the marques of Argile of the landis and barronie of Mugdock and uthirs thairincontenit, and siclyik excepting the commission granted to Sir William Forbes of Cragivar ay and quhill he be liberat or satisfied of sick sowmes as he hes given band for be vertue thairof; as also ay and quhill he be satisfiet of sick sowmes as ar restand awand to himselfe and quhilk he sall instruct to the commissionars or thair quorum to be clearlie awand to him, with the commissions granted to the erles Marshell and Findlater and other commissions granted in this session of parliament. And in lykemaner with power to the committie or thair quorum to call for payment and compt of all respondies and debtis adebtit and dew be anie persone quhatsumevir to the publict. With power also to the committie or thair quorum to conveene before them anie persones who hes bene deficient in anie publict dewis, and eftir clear tryell and probatioune thairof to uplift and exact from these persones the penulties contenit in the actis of parliament, convention of estates or thair committies; but prejudice of the act made in this session of parliament in favors of the officers of the armies anent thair exacting of the penulties aganis the ressetters of runawayis be the officers. With power lykewyse to the committie or thair quorum to find and declare what landis ar burnt and waisted ather by the enemie or by the forces of the kingdome or the plague and so sould be frie of mantenance, and to considder, grant and discuss the ressones of suspension anent the payment of the mantenance upon instructed compts of quarteringis or uthir ressones expressed in the act of mantenance, and to ressave in the reportis of waist and brunt landis and uthir loisses be sea or land, and to considder who ar utterlie rwined be the enemie and standis in neid of mantenance for thair present subsistance, and, with the mantenance of the armies, to distribute to these out of the remander of the publict dewis or by disposing some pairt of forfaulted landis what salbe thocht necessarie for thair subsistance. And siclyik with power to the said committie or quorum thairof to grant and direct suche orders, letters and executioune as salbe necessar for inbringing of the saids moneyis, compts, respondies, rentis and uthir guids foresaid belonging to the publict, and to pronunce decreitis and sentences thairanent and caus put the same to executioune, and to reduce the haill debtis and comptis of the kingdome in suche order as the burdingis of the publict may be knawne. And for the better clearing of the saidis publict accomptis and debtis of the kingdome, with power to the forenamit persones or thair quorums foresaid to call for inspection of the registers, recordis and warrands of parliament and of all other committies to the effect that all comptis, actis, bands, restis and respondies may be exactlie extractit furth thairof and the persones lyable thairin may be made comptable for the same. Lykeas the saids estates of parliament heirby committis and instructis to the foresaid committie the sole and onlie power of disposing and distributing of all moneyis whiche sall come in and be dew to the publict, togither with the haill rentis and dewteis of landis, sowmes of money, moveables and uthirs belonging to malignants and forfaulted persones, with all fynes and pryces of forfaulted landis and uthirs quhatsumevir perteining to the publict, and to imploy the same in the first place for the mantenance and intertinement of the armies within the kingdome and subsistance of these wha salbe fund utterlie rwined in maner eftirmentioned. And for that effect grantis to them the sole and onlie power to give out and subscryve precepts for the pay and mantenance of the armies and satisfieing anie persones of sick sowmes as ar or salbe appointed be parliament or committie of parliament for taking or killing of anie persone in the rebellion and for intelligence postis, buyeing of armes, ammunition, the traine of artilliarie cariages and suche uthir pressing and urging affaires as concernes the outreik, expedition and mantenance of the armies allanerlie; and ordanes everie precept to be subscryvit be a full quorum of the committie at the least, quhilkis persones, subscryvers thairof, salbe answerable to the parliament that they subscryve no preceptis bot for the causes foresaids till the affaires and mantenance of the armies be first dispatched and satisfied (except where there is assignements for ane monethis pay to the regimentis that come from England, and if the samen faill, with power to the said committie to mak the same uthirwayis up, and where the assignement exceidis ane monethis pay, that the superplus accresce to the estate); quhairin if the said committie contraveene and failzie, the saids estates of parliament heirby declares and ordanes the subscryvers of the saids preceptis to be lyable in payment to the publict of all suche sowmes for the quhilk they sall draw precepts for ony uthir caus till first the affaires and mantenance of the armies be satisfeit. With power to the said committie in the nixt place to dispose and grant preceptis upon borrowed moneyis and excise moneyis for uthir necessar uses, the armie being first payit and interteaned; excepting alwayis the particulars contenit in the act of parliament, quhilks ar ordaned to be payit out of the excise alsewell to burgh as land; and ordaines the said committie frequentlie to considder the estate of the publict cash and what moneyis ar thairin fra tyme to tyme and to draw no preceptis bot when thair is money in the cash to satisfie and answer the same. Lykeas the saids estates ordaines the foresaid committie in thair distributions and ordering of the payment of the moneyis for the armies to distribute the same equallie and to tak suche constant course as all regimentis of foote and horse be put and keipit in equalitie, ather in money, proveant or provision, according to thair strenth and muster rolls being mustered, as is provydit in the act of mantenance. And to the effect that bothe officers and souldiors of the armies may knaw thair awne proportion dew to them for all moneyis to be payit to them, it is ordaned that all preceptis to be direct to the said committie for that effect sall beare in cumulo what proportion of the haill sowmes contenit in the precept is allowed to be payit to the officers and what proportion thairof to the souldiors of the regiment, troupe or companie for whiche the saidis preceptis ar granted, and where maters of difficultie or importance sall occurre, the saidis estates of parliament ordaines the committie of estates to give thair advyce to the foresaid committie heirby appointed as they sall necessarlie desyre the same, and the saidis estates ordaines that the clerk to be appointed be the clerk registere for this commission sall have the trust and keiping of the respondie buikis and of all the accomptis, instructions and warrandis thairof quhilk concernes the publict. And if anie of the saids commissioners places sall happine to vaike be deceis or uthirwayis, the rest of the quorum of the said committie, with advyce of the committie of estates, sall have power to mak choose of uthirs of that same degrie to supplie the vaiking places ane or mae. Quhilkis commissionars abonenamit sall at thair first meitting accept this commission and give thair solemne oathes for the faithfull discharge of that trust heirby committed to them, and sall have power to fyne suche of thair number as sall not give diligent attendance, and quhilks commissionars salbe answerable to the parliament for thair proceidingis, fidelitie and attendance in this commission, quhilk is to endure to the nixt session of parliament. And becaus it wilbe expedient for the better ease of the lieges be north Tay that thair be a select number of the foresaids persones, commissioners abonenamed, appointed for the ordering and regulating of the maters of money, excise and publict accomptis and for inbringing of the moneyis, excise, rentis, fynes, guidis and uthirs belonging to and payable be all malignantis, forfaulted persones and uthirs within the shireffdomes of Forfar, Mearns, Abirdene, Banff, Murray, Nairne, Innernes, Cromartie, Sutherland, Caithness and Orkney, bothe to burgh and land for these shyres, and for disposing and distributing thairof for the endis and to the effect in maner before prescryved, thairfore the saidis estates of parliament nominatis and appointis William, erle Marshell, James, erle of Findlater, [...], vicount of Arbuthnot, Sir William Forbes of Cragivar, Arthour Forbes of Echt, [...] Arbuthnot of Findowrie, Alexander Jaffray, burges of Abirdene, James Pedie, burges of Monrose, and Robert Lokhart, burges of Edinburgh, or ony fyve of them, to reside at [...] or anie uthir places within the foresaids shires as they or thair quorum sall think maist convenient for the good of the service within the saidis boundis of the foresaids particular shyres abonementioned, bothe to burghe and land; and the estates doe heirby grant to this select committie or thair quorum foresaid the lyke power within the boundis foresaid as is before contenit and set doune in this commission abonewrittin in maner beforerehearsit in all pointis; and ordaines and appointis the remanent commissioners abonenamit, or ony seivin of them as ane quorum, to be upon this commission for the haill remanent shyres and pairtis of the kingdome, bothe to burgh and land, by the foresaids shyres of Forfarr, Mearnis, Abirdene, Banff, Murray, Nairne, Innernes, Cromartie, Sutherland, Caithnes and Orkney appointed to the foresaid select committie for the north and to reside at Edinburgh or ony uthir place they sall think maist convenient and conduceable for the good of the service. And inrespect that the foresaids tua committies abonementioned ar in effect bothe bot one committie, for ane and the same cause, the saidis estates of parliament ordeanes baithe the saidis committies to keip correspondence ane with another, and what the committie of estates sall require for carieing on of the warre and mantenance of the armies, they sall doe thairin as they wilbe answerable to the parliament upon the trust committed to them be thair commission. Bot the estates of parliament declares that nather of the foresaids tua committies sall have power to invert or dispose upon the fynes, rentis, forfaltors, guidis or moneyis allotted for the intertinement of the armie to anie uthir use quhatsumevir, and declares the commission abonewrittin to be but prejudice to Sir William Dik, James Stuart and James Hamiltoune of Boigis anent thair assignations of borrowed moneyis formarlie granted to them, they accepting deputatiounes or preceptis from the generall commissar for uplifting the moneyis contenit in thair assignatiounes and giving bandis to be comptable to him, but prejudice of thair assignatiounes as said is. And it is declared that these of the committie for the north being in the southe sall have power to sit with the committie their, and alse these in the committie of the southe being in the north to sitt in the committie thair.
[1645/11/210]*[print] [email] [cite] [preceding] [following]
Forsamekle as the estates of parliament, now conveened in the fyift session of this first trienniall parliament, taking to there consideration how necessar it is that a grave committie of estates be nominat and authorized by this present parliament for ordering and governing of this kingdome and affaires thairof during the not sitting of the parliament, they doe thairfore nominat, appoint and authorize Alexander, erle of Eglintoune, William, erle of Glencairne, Charles, erle of Dumfermeling, Frances, erle of Buccleugh, William, erle of Lothian, John, erle of Weymis, William, erle of Dalhoussie, William, erle of Lanerk, Johne, lord Hay of Yestir, Thomas, lord Kirkcudbryght, Alexander, lord Balcarras and Johne, lord Barganie for the noblemen; Johne, erle of Lowdoun, high chancellor of Scotland, Alexander, erle of Leivin, lord generall, Johne, erle of Crawfoord Lindsey, president of parliament, and James, erle of Callender, lieutenant generall, supernumerarie in this commission for the noblemen; David Beatton of Creiche, Sir James Foullis of Colingtoune, James McDowell of Garthland, Sir Thomas Ruthven of Frieland, Sir Johne Hamiltoune of Beill, Sir James Lokhart of Ley, Sir David Home of Wedirburne, Sir Hew Campbell of Cesnok, Mr Alexander Belshes of Toftis, Sir Gilbert Ramsay of Balmayne, Patrik Maxuel of Teilling and Sir Thomas Ker of Caverse for the barrones; Sir Alexander Gibsone of Durie, clerk registre, and Sir Adam Hepburne of Humbie, thesaurer of the armies, as supernumerarie for the barrones; Sir William Dik of Braid, burges of Edinburgh, Archbald Syidserfe, burges thair, Robert Arnot, provest of Perth, Mr Alexander Wedirburne, clerk of Dundie, Mr Robert Farquhar, burges of Abirdene, Thomas Bruce, burges of Stirling, George Porterfeild, provest of Glasgow, Johne Kennedie, provest of Air, Johne Jonstoun, burges of Drumfreis, William Glendonying, provest of Kirkcudbryght, Johne Auchterlony, burges of Abirbrothok, and Mr Robert Cunyughame, burges of Kinghorne, for the burrowis; and Johne Lepar, provest of St Androis, supernumerarie for the burrowis. As also the estates nominats, appointis and authorizes these noblemen, barrones and burrowis wha ar in the commission for England to be lykewyse upon this commission with the remanent persones of the severall estates abonenamed, to whome (or ony nyne of the haill commissionars abonedesigned, thair being tuo of everie estate as a quorum) the saidis estates of parliament renewis and heirby grantis the same power, commission and warrand in all pointis, headis, clauses and conditions contenit in the formar commissions granted be the parliament to the committie of estates in the first and second sessions of this first trienniall parliament, viz: in the act of commission of the committie of estates, the 26 Julii 1644 and the aucht of March 1645 respective, and conforme to the tennours of the samen actis in everie head and article thairof, excepting onlie thairfra the power and warrand contenit in that commission granted be the estates in this present session of parliament of the date heirof to the persones thairin nominat concerneing the inbringing and distributing of moneyis, the office of excise, the fyneing of delinquents, the loisses of the kingdome and the regulating of the publict accomptis and burdingis thairof, conforme to the commission granted heiranent, quhilk is heirby reservit in the full force and power thairof to the persones and for the endis thairinspecifiet unprejudgit heirby. And becaus it is necessar that there be ane committie appointed to attend the Scottish armie in England and ane uthir to attend the Scottish armie in Ireland, thairfore the estates of parliament doe heirby nominat and appoint Charles, erle of Dumfermling, William, erle of Lothian, Alexander, lord Balcarras, Sir David Home of Weddirburne, Sir Thomas Ruthven of Frieland, Sir Thomas Ker of Cavers, William Glendonying, provest of Kirkcudbryght, Johne Jonstoune, burges of Drumfreis, and Johne Auchterlony, burges of Abirbrothok, to be ane committie to attend the foresaid armie in England, and appointis the quorum thairof to be promiscuous, thrie of the haill. As also nominatis and appointis William, erle of Glencairne, Thomas, lord Kirkcudbryght, Generall Major Monro, James McDowell of Garthland, Patrik Maxuell of Teilling, George Porterfeild, provest of Glasgow, and Johne Kennedie, provest of Air, to be ane committie to be with the Scotis armie in Ireland, and the estates appointis the quorum of thair committie to be promiscuous, viz: anie thrie of the haill of that committie. And lykewyse grantis power to the committie of estates or quorum thairof to appoint some of thair awne number or uthirs as they sall think fitt as ane committie to attend the armie in Scotland if they shall find it necessar, and to appoint the quorum thairof, and to give to them sick power and instructions as they sall find requisite and expedient. With power lykewyse to the committie of estates or quorum thairof to give instructions to the saidis committies appointed for the Scotis armies in England and Ireland as the said committie or thair quorum sall think expedient. Item, the estates of parliament appointis and ordanes that sevin of everie estate of the committie of estates abonenamit sall constantlie reside in Scotland for the ordering of the affaires thairof, and the quorum to be nyne as said is, tua being for everie estate. As also ordanes the quorum of the saids commissionars at the parliament of England for Scotland to be promiscuous, viz: thrie of the haill number, consisting of foure noblemen, thrie barrones and thrie burrowis contenit in the commission formarlie granted, quhilk the estates heirby ratifies, and ordanes these commissioners and the uthirs upon the committies appointed for the Scots armies in England and Ireland and everie ane of them to have place and voyce in this committie of estates as they sall happine to be present. With power also to the said committie of estates or quorum thairof or anie other quhom they sall appoint to treat with suche of the rebells as they sall think fitting for reclameing them to thair dew obedience, and for that effect to give full pardon, remission and discharge to suche as they sall think fitting who ar now in the rebellioune and will quyte the same and live intymecomeing as becometh dewtifull and loyall subjectis of all deadis done be them in the said rebellion or in relatioune thairto, and to restore and repone them to the posession of thair lands or titles of honor not disponed upon them or conferred before thair reclameing, and to give full assurance that the parliament shall at thair nixt session rescind all decreitis or sentences given against them quhairby they ar excludit from thair honors and dignities, and grant to them ane act of oblivion. As also with power to the said committie or quorum foresaid to doe everie thing concerning the governing and ordering of the affaires of the kingdome and anent the forfaulting and processing to death of delinquents as the said committie or thair quorum sall find expedient and most usefull for the good and benefite of the publict, in the same maner and with the same power and authoritie as the parliament myt doe if they wer sitting. But prejudice alwayis of the foresaid commission for the moneyis, quhilk is heirby reserved ut supra, the said committie of estats being answerable to the parliament for thair proceidingis. And farder the estats declares that the haill generall officers of the armies ar heirby priviledged to be present in the foresaid committie as they sall have occasion, and ordanes this commission to endure to the nixt session of parliament.
[1645/11/211]*[print] [email] [cite] [preceding] [following]
Forsamekle as the erle of Crawfoord Lindsey and the lairdis of Creiche and Bogie hes undertaken in parliament to provyde and borrow presentlie upon thair awne privat suretie fyve hundereth punds sterline to be sent to these forces that ar on foote in Argyle for the service of the cuntrie, officiars and sojors thairof, for thair encouragement to goe on in the service and for inanimating others thairto; and alse that the erle of Tullibardine and the lairdis of Frieland and Adie hes also undertaken in parliament to caus presentlie lay in within St Jonstoun for the use of the publict service and present supplie of these forces the number of ane thousand bolls sufficient ait meale, or so muche more as they can find for the present at such pryces as meale presentlie gives in the cuntrie, thairfore the estates of parliament doe heirby give express warrand and command to the committie for the moneyis to mak payment to the erle of Crawfuird and the lairdis of Creiche and Bogie off the foresaid sowme of fyve hundreth pundis sterline, with the anuelrent thairof fra the tyme of borrowing of the same to the repayment thairof, and alse to mak payment to the erle of Tullibardine and the lairdis of Frieland and Adie of the pryces of the foresaids ane thousand bolls meale and sick farder quantitie of meale as they sall lay in in the toune of Pearth for the use foresaid at the rate that the lyke meale now gives in the cuntrie, and this money and pryces of victuall to be payit out of the first monethis of the eight monethis mantenance now granted or any fynes or other publict moneyis that comes to thair handis not otherwayis assigned, wheranent thir presentis salbe ane warrand.
[1645/11/212]*[print] [email] [cite] [preceding] [following]
Forsamekle as the estates of parliament, taking to their consideration that the persones nominat be them to be upon the committie of estates for ordering and governing of this kingdome and affaires thairof and these uthirs appointed be them for inbringing and distributing of moneyis and regulating the compts of the comoune burdens of the kingdome will be subject to attendance for discharge of the trust respective thairby committed to them to their prejudice in thair awne privat affaires and bussines, thairfore the estates of parliament grantis the allowance following to the saids commissionars for thair attendance upon everie ane of the saidis tuo severall committies abonespecefeit the tyme of that sederuntis in the said service, viz: to ilk nobleman monethlie thrie hundereth merks Scotis, ilk barrone monethlie tuo hundereth merks Scots and to ilk commissionar for burrowes ane hundereth threttie thrie merks 4 sh. 4 d. Scotis monethlie for thair charges in attendance upon the saidis committies during the tyme of thair attendance and sederuntis thairintill. And siclyik the saids estates allowis to these that ar upon the committie of the armie in England and upon the committie for the armie in Ireland and who sall attend the samen committies respective the sowme of threttie shillingis sterline for ilk nobleman, tuentie shillingis sterline for ilk barron and threttine shillingis four pence sterline for ilk burrow that ar to be upon the saidis committies respective for thair charges and expenses ilk day of thair attendance in England or Ireland, and ordains this allowance foresaid to be compted up to those officiars of the armie that ar upon thir committies in there monethlie pay as ane pairt thairof. And siclyik the saidis estates grantis the lyke allowance to these commissionars that ar upon the formar commission for the moneyis for thair bygane attendance in that commission according to thair sederunts as is heirby granted to the commissionars that ar ather upon the committie of estats or committies for the moneyis. And farder the estates of parliament, considering that William Thomson, deput to the thesaurer of the army, and others, his deputtis, will have often occasion, inrespect of thair charge, to be present with the foresaids committies of estats and for the moneyis, thairfore the estatis declares that they ar heirby priviledgit to have access to the foresaids committies and to be present as they have occasion at everie ane of the saids committies abonementionat.
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Forsamekle as the committie appointed be the estates of parliament, taking to thair serious consideration the great and manie loisses and skaythe occasioned be the crueltie and barbaritie of the rebells and the late troubles of the kingdome, and they being willing and readie that there be ane uniforme way throw the haill kingdome for tryell of the loisses baithe be sea and land, that eftir the exact tryell thairof course may be taken for thair reparatioune, and for the effectuating and expeding of the samen the saidis estates haveing fund it necessar and expedient that there be ane particular committie appointed for the effect abonespecefeit, and thairfore the saidis estates be thair act haveing given power and commission to the said committie to direct furth commissions for tryell of the loisses within the kingdome be sea and land and waist and burnt lands and wha ar altogither disabled to pay rent, ather by the enemie or our awne forces, during the session of parliament, and thaireftir to the committie that salbe appointed for that effect to particular shyres, persones or burghes as they sall be required, that the samen being tryed it may be reported to the said committie that course may be accordinglie taken for thair reparatioune; as lykewyse to ressave all reportis be vertue of commissions alreadie granted or be quhatsumevir commissions heireftir to be granted, and for the better clearing of the way of tryell, have fund that the pairtie grieved or compleining may prove be sufficient witnesses that he had in his posession immediatlie before the enemie come to his ground or hous suche guidis and geir as he condiscendis upon in his complaint and that the enemie being thair they wer takine away and distroyed be the enemie and wer nevir sene thaireftir in these places, and for the insight and houshold plenissing and quhatsumevir uthir guide or uthirs wer in the complenars hous, that the servande of the complenars be examined upon oathe as witnesses thairanent as ane adminicle of the probation, and in supplement of all the probatioune the pairteis complenars to give thair oathes that to thair best knawledge all these guids wer takine and distroyed be the enemie, alsewell these on the ground as these within the hous, and that this maner of probatioune be extendit lykewyse to these guids and loisses be sea quhilks salbe entered be the pairties awners or uthirs having power to give up entries of shipis and guids using the maner and way before prescryved as accordis, leaving latitude eftir the report of the probatioune foresaid to the committie to be appointed for that effect according to the vote thairanent. And the committie foresaid, being informed that [...] have suffered great loisses be burning thair houses and cornis, away taking of thair guide and geir, waisting of thair lands and be thair uthir loisses occasioned be the present troubles, and the said committie being petitioned to grant ane commission for the tryell thairof, the lordis and uthiris of the committie foresaid doe heirby give warrand, power and commissioune to [...]†, or ony [...] of them, the quorum being promiscuous, to tak and ressave the tryell and probatioune of the saidis [...], their loisses in maner before prescryved. With power to the commissionars or thair quorum to choose a clerk and uthir officers and members of court neidfull, and to tak thair oathes de fideli administratione, and to direct thair awne preceptis for citatioune of witnesses and uthir pairteis wha ar interest and concerned in the bussines, and to amerciat the absentis being charged, personallie apprehendit, in [...] money for ilk dyetis absence, and that they tak the oathes of the witnesses and pairteis who salbe present and whose depositions salbe admitted be them, and to doe everie thing for tryell of the saidis pairteis loisses, the caus thairof and the persones be whome the samen was done, observing the order before prescribed, quhilk maner of tryell is fund be the estates of parliament to be allowed in this caise (with reservatioune alwayis of the modificatioune to the judge of what sall not be legallie proven be writ or witnesses) notwithstanding the pairteis, committers of the wrongis, ar not cited thairto. And this tryell being takine in maner foresaid, ordanes the severall pairteis loisses, the quantities thairof, the caus and occasion of the same, with the pairteis awne cariage and deservingis, to be subscryvit be the saids commissionars, thair quorum, and to report the samen to the committie appointed be the parliament for that effect, that they may tak suche course thairwith as accordis; and caus registrat the same in the registere appointed for that effect be the clerk of registere and to be registrat be Mr Andro Baird, clerk deput, for keiping of the samen registere be the clerk registere. And the estates declares that the commision abonementionat is but prejudice of the formar actis of commission issued out of before for tryell of the saidis loisses be parliament or committie of estats.
[1645/11/214]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideration that they be their act of the date heirof have condiscended upon the maner of probatioune of the loisses of the kingdome baithe by sea and land occasioned by the bygane and present troubles to be uniforme, in maner specefeit in the said act; as also hes ordaned commissions to be issued out to the severall shyres and burghes of the kingdome or to particular persones as the samen sould be craved for tryell of thair severall loisses; and heirwith also considdering the great skaithe and loisses sustenit be the heritours, merchands, tennents, burgesses and inhabitants of the shyre of Abirdene, baithe to burgh and land, alsewell by sea as land, the saidis estates hes thairfore, at the desire and upon the petition of Sir William Forbes of Cragivar and Arthor Forbes of Echt, commissionars in this session of parliament for the shyre of Abirdene, given and granted and heirby gives and grantis full power, warrand and commission to James Skene of that ilk, Thomas Jonstoun of Craig, Frances Fraser of Kinmwndie, Gilbert Skene of Dyce, Thomas Forbes of Watertoun, Johne Kennedie of Kermuckie, Johne Forbes of Asloune, Thomas Ersskene of Pittodrie, Sir William Forbes of Monymusk, William Forbes, younger, of Corsindae, Alexander Strauchan of Glenkindie, Alexander Fraser of Phillorth, Duncane Forbes of Camphell, William Forbes, younger, of Leslie, Arthor Forbes of Invernochtie, George Leslie, younger, of Kincraig, Johne Forbes of Knokquharne, Johne Leyth of Whythauche, John Forbes of Arditurdo, James Forbes of Glak, William Dalgarno of Garniestoune, Sir Alexander Abircrombie of Birkenboig, Sir William Keith, younger, of Ludquharne, Alexander Forbes, tutor of Pitsligo, Thomas Fraser of Streichen, Waltir Forbes of Tolquhone, Johne Forbes of Bythe, Patrik Leslie, late provest of Abirdene, Mr Robert Farquhar, late provest thairof, Alexander Jaffray and Mr William Moir, late baillies thair, and Waltir Cochrane, late deane of gild of the said burgh, or to ony nyne of the haill persones abonenamed promiscuouslie as the quorum, to tak and ressave the tryell and probatioune of the loisses within the said shireffdom of Abirdene be sea and land and of everie particular heritor, burges, tennent and inhabitant within the said shyre, alsewell to burgh as land thairof, and of the waist and burnt landis of the samen, and loisses susteand be the ministers, baithe to burgh and land of the said shyre, and to try wha ar altogither disabled to pay rent by the waisting and burning of thair landis and uthir loisses sustenit be them, and by whome the samen was done and committed, whither by the rebells and enemies of the kingdome, or by our awne forces within the same; and, for the better clearing thairof, to ressave the foresaid tryell and probatioune fra the pairteis grieved and compleining be sufficient witnesses that the saides pairteis or persones complenand had in thair posession immediatlie before the enemie come to thair grund or houses suche guidis and geir as they condiscend upon in thair complaint, and that the enemie being their, these wer takine away and distroyed be the enemie and wer nevir sene thaireftir in these places, and, for the insight and houshold plenissing and quhatsumevir uthirs wer in the complenars houses, to examinat the complenars awne servands upon oathe be witnesses thairanent for ane adminicle of the probatioune; and in supplement of all the probatioune, to tak the pairteis complenars, thair oathes, that to their best knawledge all these guidis were takine and distroyed be the enemie, alsewell these on the grund as these within the houses, and that this maner of probatioune be extendit lykewyse to these guidis and loisses be sea quhilks ar entred be the pairteis, awners thairof, or uthirs haveing power to give up entries to shippis, observing also the maner and way of probatioune before prescryved. With power also to the saids commissionars or quorum thairof foresaid to nominat and choose clerks, ane or mae, and all uthir officers and members of court neidfull and to tak thair oathes de fideli administratione; as also to appoint thair meittingis to be in sick tounes or uthir pairtis or places within the shyre as the commissioners or thair quorum sall find maist convenient for ressaveing of the foresaid tryell and conduceable for the good of the service; as lykewyse to give out and direct preceptis at the instance of the pairteis and persones complenand for citatioune of witnesses and uthir pairteis who ar interest and concerned in the bussines, and to amerciat the absentis being chargit, personallie apprehendit, in [...] money for ilk dyettis absence, and to caus the witnesses be solemnlie sworne; as also to tak the oathes of the pairteis who salbe present and whais depositions salbe admitted be the commissionars or thair quorum to be ressaved, and to doe everie thing for tryell of the saidis pairteis loisses, the caus thairof, their awne cariage and the persones be whome the samen was done, observing the order before prescribed, quhilk maner of tryell the estates of parliament allowis in this caise notwithstanding the pairteis, committers of the wrongis, ar not cited thairto. And the said tryell being tane in maner foresaid, the estates ordanes the severall pairteis loisses, the quantities thairof, the caus and occasion of the samen, with the pairteis awne cariage and deservingis, to be particularlie set doune and subscryved be ane quorum of the saids commissionaris and thaireftir reported to that committie appointed be the parliament, to that effect that they may tak suche course thairwith as accordis; and ordanes the samen to be registrat in ane registere appointed be the clerk of registere for that end and keiped be the clerk deputed be the lord registere for keiping thairof, reserving alwayis to the parliament or committie of parliament foresaid the modificatioune of what sall not be proven be writ, witnesses or aithe of pairtie complenand. Anent the quhilks premisses, thir presentis salbe ane sufficient warrand.
[1645/11/215]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideration that there was commissions granted be the committie of estates upon the tuentie sevint day of March and threttie day of May lastbypast for tryeing of the loisses of Sir Robert Campbell of Glenurquhie, Jhon Campbell, fear of Glenurquhie, James Campbell of Lawers, Duncane Meinzies of Weyme, Dame Marjorie Campbell, relict of umquhile Sir Alexander Meinzeis of Weyme, Alexander Meinzeis of Comries, Alexander Meinzeis of Carse, Thomas Meinzies of Tegremach, Robert Meinzies of Glassie, James Campbell of Clatpik, Alexander Meinzies of Stuikis, Patrik Campbell of [...], Capitan Johne McNab, Johne Meinzies of Tulliquhill, Johne Campbell, tutor of Glenlyon, James Campbell, portioner of Duncrosk, James Campbell of Edramuckie and Johne Campbell of Dundurne, for themselfis and in name and behalfe of thair whole tennents, and heirwith also considering the desire of the supplicatioune given in to them be the persones abonenamit craveing that the foresaids commissions might be renewed, and that thir persones, viz: George Bruce of Cultmalindies, Mr Johne Mallot of [...], William Blair of Winstoune, Patrik Murray of Wodend, Robert Murray of Buchintie and James Drumond, fear of Machany, sould be addit to the commissionars in the formar commissions, and thrie to be declared the quorum of the haill, for tryell of the saidis particular persones abonenamed and thair tennents, thair loisses; the saidis estates, inrespect of the great distance of the supplicants, thair rowmes, landis and dwellingis of thair tennents fra the burgh of Perth and places of meitting appointed be the saids commissions, they doe heirby renew the foresaids commissions granted be the committie of estats upon the dayis respective abonewrittin for tryell of the saids supplicants and thair tennents, thair loisses respective foresaid, to the commissionars thairinmentioned, and addis to these commissionars the saidis George Bruce of Cultmalindies, Mr Johne Mallot of [...], William Blair of Winstoune, Patrik Murray of Wodend, Robert Murray of Buchintie and James Drumond, fear of Machanie, and appointis the quorum to be intymcomeing anie thrie of the haill, notwithstanding of the greater number appointed be the formar commissions and of this addition thairto, and ordanes the places of meitting for tryell to be at Balloch, Weyme and Fordell or ony of them. Lykeas the estates doe heirby grant to the formar commissionars and to the persones now additt, or ony thrie of them as the quorum of the haill, the same full power, commission and warrand as is contenit in the foresaids formar commissions to the effect and for the endis thairinmentioned, and ordanes the samen commissions to stand in full force and strenth conforme to the tenor thairof, and as if these persones now additt had bene insert thairintill at the first, and as if the place and quorum now appointed had bene condiscendit upon in the formar commissions the tyme of the granting thairof. And alse ordaines the haill commissionars or the quorum thairof to meit and conveene at the places respective foresaids for taking and ressaveing of the foresaid tryell and probatioune at sick tymes as they sall think convenient for that effect, and eftir tryell to report the samen to the parliament or committie of parliament that thaireftir sick course and order may be tane as eftir consideration of the report salbe thocht fitting.
[1645/11/216]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the supplicatioune of James Pedie, merchand burges of Monrose, desyreing that his great sufferingis and loissies occasioned by his constant affection to the publict may be tane in consideration and suche course tane for his reparatioune and subsistance as the parliament sould think fitt, as the supplicatioune beirs, they do heirby seriously recommend the foresaid supplicatioune and desire thairof to the committie of moneyis appointed to reside in the north, and earnestlie desires that committie to tak some effectuall course for the subsistence of the said James Pedie, supplicant, and of his wyfe and familie.
[1645/11/217]*[print] [email] [cite] [preceding] [following]
Quheras the honorable houses of parliament demand the removeall of the Scotis forces out of the touns and castles of Carelell, Newcastle, Tynmouth, Hartlepoole, Stocktoun, Warpwith and Thirlewell, or elsewhere within the kingdome of England where thair be anie garisones placed by the Scotis armie without consent of bothe houses of parliament or thair committies before the first of March nixt,
Yow shall repeat the answers made to this demand in the treatie with the commissionars from the parliament of England at St Androis, and mak use of the instructions sent to yow from the committie of estates from Glasgow and of anie other answers or argumentis whiche can proceid from your awne knawledge and judgement adhering to the formar grundis.
Yow sall shaw that these garisones ar so absolutely necessarie for magazines of victuall, armes and ammunition and to be places of retreat to the Scotis armie as they cannot be secured and enabled for promoting the service in advancing southe without them.
That it is usuall to all armies who doe ingadge in the warre or service of another kingdome to have suche garisones for thair safeguard and securitie, and these garisones being taken be our army from the enemie and still in thair posession since with consent of the houses of parliament, and they being maist necessarie for the armies accomdatioune and better carieing on of the warre (whiche bothe kingdomes ar oblieged to promote according to the covenant, treattie and declaratiounes of bothe), and the garisones being a pairt of the Scotis armie (who by the treattie ar to be disposed of be the advyse and direction of the committie of bothe kingdomes for carieing on of the warre) can not be removed out of these garisones without consent of bothe; and where there is no direction from a joynt committie, the generall or commander in cheife of the armie most doe that whiche to his best knawledge and judgement is best for promoting the warre and safetie of the armie, whiche he can not doe unless he garisone some places for retreat, safetie and magazines; and the whole places now garisoned by ws wer recovered from the enemie. And thairfore yow shall persist that the houses of parliament wald be pleased that the Scotis garisones remane in these places so long as our armie remanes in England in pursuance of the warre.
Yow sall shaw that we ar content to give anie reasonable securitie for restitution of these garisones sa soone as by a prosperous warre or happie peace religion salbe satled, our troubles brocht to ane end and that compt and payment be made of what is duelie awand ws by the houses of parliament, that our armie may returne into Scotland.
Iff yow find that the delyverie of the uthir garisones whiche ar garisoned by the Scotis armie (except Bervick, Carelell, Newcastle and Tynmouth) will satisfie the houses of parliament and that they be content we reteane Bervick, Carelell, [Newcastle] and Tynmouth, yow shall offer the same to testifie how desireous we ar to comply with the desire of the houses of parliament so far as can be with preservatioune of the armie and as may consist with the promoting of the warre, by granting quhairof thair is no garisone in effect given to the Scotis armie for a place of magazine, retreat and safetie bot Newcastle and Tynmouth inrespect that by the large treattie Bervick and Carelell ar appointed to be slighted and the fortificatiounes dimolished.
Iff nothing give satisfaction to the houses of parliament bot that they doe still persist to have thair garisones presentlie restored, than yow sall desire that they may be pleased to setle religion and mak a speidie and just peace that Scotland may be frie of the calamities and dangeris brocht upon ws by our engadging in this warre with England, and that they wald secure and pay the sowmes of money they ar justlie oweing ws upon performance, quhairof these garisones sall immediatlie thaireftir be restored.
Yow sall peruse the paper sent to yow from ws conteining some groundis of ane answer to that paper of the houses of parliament in answer to your formar papers of the 29th and 30th of September and of the 3rd of October, and becaus yow who ar on the place can best discerne what may be the best expressions and most conduceable and seasonable for promoteing the wark of setleing religion and peace and preserving union betuixt the kingdomes, we remitt to your judgement and discretion the frameing of this answer and adding to the groundis and reasones contenit in the paper sent to yow and smoothing the expressions thairof as yow conceave best for the bussines.
Yow sall wpoun the groundis of the preceeding instructions and as in your judgement ye think most expedient mak ane answer to that pairt of the paper or declaratioune of the houses of parliament whiche they have returned in answer to the thrie severall paperis from yow of the 29 and 30 of September and thrid of October so far as concernes the northerne garisones expressed in thair formar paper according to the preceiding instructions.
Yow shall lykewyse (upon the groundis expressed in your formar papers and out of your formar instructions and these now sent to yow) mak a reply to what is expressed in the foresaid paper of the houses of parliament concerneing religion and the setleing of churche governement and propositions of peace to be sent to his majestie.
Concerneing the kingis letters of the fyift and and fyiftene dayis of December craveing a safe conduct for sending propositions to be a fundation of a safe and well grounded peace, and the answer to be returned thairunto and whither a positive answer sould be socht to the propositions that sould be sent without anie treattie or that a treattie be had thairupon, we doe approve of your answers and proceidingis thairin.
Yow shall shaw that it is our earnest desire that the present opportunitie (when bothe king and parliament profess thair desires of peace) may be embraced and improved to the best advantage, and least so seasonable a tyme (whiche is verie precious) be loissed and for eviting the dangeris whiche ar well expressed in the paperis of the 22 of December given in by yow to the houses of parliament; and least the king sould tak advantage or the people be stumbled with the inconstancie of our resolutions in altering the formar propositions whiche (upon so mature deliberation of the parliaments of bothe kingdomes) wer agried upon to be necessarie fundations of a well grounded peace with his majestie and a firme unioune betuixt the kingdomes.
Yow shall desire that the propositions of peace formarlie agried unto by the parliaments of bothe kingdomes (the most materiall quhairof have bene treatted and debaitted on at Oxbridge) may without delay be sent to his majestie and his answer socht thairunto without farder treatie.
Iff the houses of parliament shall mak materiall alterations of the formar propositions or adde new ones, yow shall show that it can not be expected that we can either agrie to the matter of them before we knaw and ponder them, nor can ressolve on the maner of sending them till the matter be agried upon. And thairfore, to eschew the losse of tyme and that there be no retardment to the procureing of a happie peace, we desire that the formar propositions agried upon by the parliamentis of bothe kingdomes (especiallie these thrie propositions for setling religion, the militia and Ireland formarlie debated at Uxbridge) may be sent to his majestie and his answer sought thairto, and that the remainder of the formar propositions, with suche propositions as salbe made by his majestie, may be treatted upon in suche maner as his majestie, the houses of parliament and yow shall think fitt.
Yow shall endeavore that there be no alterations made of the formar propositions, especiallie of the 17th proposition concerneing the militia formarlie agried unto by bothe parliaments as the best and surest way for conservation of a dureable peace and unitie betuix the king and his kingdomes and of eache kingdome with other, and whiche was sent from the parliament of England onto the parliament of Scotland as a ground and obligation of amitie and mutuall confidence.
Iff the houses of parliament shall resolve absolutelie to alter the 17th proposition or shall mak anie materiall alterations in or additions to the formar propositions, then yow shall show that it is our judgement that the militia of bothe kingdomes should be setled by the king with the advice of the parliaments of bothe kingdomes respective as may be most for the securitie of bothe against all intestine insurrection and forrane invasion. For we doe conceave that the disposing of the militia for the preservatioune of the kingdome and the protection of the subjectis is so propper and essentiall pairt of the kingis duetie and of the exercise of his just royall power (whiche we ar bound by our alledgiance and covenant not to diminish) as it ought not to be done without him, if he be willing to doe it with advice of his parliament, and we do conceave that this difference may be so transacted by condiscending upon suche commissionars as ar acceptable to bothe king and parliament, or that the king have the nominatioune and the parliament the approbatioune, or in some suche other way as it neidis not be a hinderance to a just peace. Bot if the parliament can be perswaded that the propositions for setleing the militia as was formarlie agried upon by bothe parliamente sall stand, it is best of all and most to be desired.
Yow shall endeavore so far as possiblie yow can to preserve a right understanding and unioune betuixt the tuo kingdomes and betweene thair armies and committies, and shaw that it is our earnest desire that the counsells and forces of bothe kingdomes may be alwayis joyned against all intestine insurrection and forrane invasion and in everie thing whiche may serve for the good of bothe and promote the endis of our comoune league and covenant.
Yow shall show that it is our earnest desire that the propositions for setleing religion and churche governement be agried unto and established in the first place, as was resolved on in the treattie at Uxbridge.
Concerneing Ireland and the Scottish armie their, it is desired that the articles treatted and agried upon by committies of bothe kingdomes in Scotland and England and ratified be the parliamentis (whiche wer also acknowledged by bothe to be a treattie and inserted in the propositions of peace and debated at Uxbridge) be insisted upon and observed.
That upon the groundis expressed in the paperis and demaundis given in by yow in the behalfe of the kirk and kingdome of Scotland, yow shall insist for speidie setleing of religion and a well grounded peace.
That religion and churche governement (whiche is our chiefe desire and hathe bene the principall caus of all our undertakingis and sufferingis) being established, yow shall by all laufull and possible meanes endeavour a just and equall peace that thir kingdomes lyeing under the pressors and calamities of warres may be quiet and at rest.
Iff the king shall grant the propositions for religion and churche governement, yow shall apply your maist serious endeavors to procure agriement betuixt his majestie and the houses of parliament in maters civill where there may be greater latitude without sin then in maters of religion quhairin the glorie of God is most concerned; and if his majestie sall grant the propositions for religion and churche governement and sall grant suche propositions in thingis civill as may be a fundation of a firme and just peace (althought he doe not in everie thing come to the lenth of our desires expressed in the propositions of bothe kingdomes), we conceave that peace sould not be refused and destructive and unnaturall warres continwed.
That a joynt way by the counsells and forces of bothe kingdomes for the better carieing on of the warre or procureing of peace according to the covenant, treattie and declaration of bothe kingdomes is the best way for bothe and that whiche we most earnestlie desire to be observed.
Iff the houses of parliament shall alter the 17th proposition concerneing the militia or mak anie materiall alteratione of the formar propositiounes or adde new ones, then ye sall mak the demaundis following and mannage them in the most dexterous way ye can for the good and interest of this kingdome:
That the advantages whiche the kingdome of England hathe by his majesties royall presence and continwall residence with them, and the loisses and prejudices whiche Scotland susteinis by his majesties absence, ar so manie and great as can not be condignelie recompensed by anie retribution equivalent to so great a benefite as England enjoyes and as Scotland is deprived of. Thairfore, since by the good providence of God bothe nations are in ane illand, speake on[e] and the same language, profess on[e] and the same religion and ar united under the same head and monarch, yow shall demaund in the behalfe of the kingdome of Scotland that in all places of trust and offices about the king, queene and prince the equall halfe, at the least the thrid pairt, be Scotismen.
That in the councell of England and Ireland a thrid pairt be Scotismen, and so reciprocallie for England in the councell of Scotland.
That a capacitie be declared for all Scotismen to exerce anie place of trust or office within the kingdome of England and Ireland, and so for England and Ireland in Scotland.
That naturalization and the priviledge of postnati since King James went into England, togither with all uthir friedomes and priviledges of the natives of England and Ireland for all tymes to come, be declared to pertene to Scotismen, and so reciprocallie for England within Scotland; that the friedome, priviledges and benefite of commerce and trade within England and Ireland be communicated to Scottis men, and so reciprocallie for England and Ireland within Scotland.
That the friedome of all the sea portis, customes and immwnities whiche is dew to the English within England and Ireland be communicated to the Scotis and so reciprocallie to the English within Scotland.
That all commodities whatsoevir may be frielie imported and exported by sea or land from the one kingdome to the other as is from ane countie to another or from one sea port to another within ather of the kingdomes.
That Scotis men be declared capable to be [of] anie incorporatioune, trade or societie within England or Ireland or in forrane trade as the English ar and upon lyke conditions as the English ar, and so reciprocallie that Scotis men be declared capable of all places, faculties, professions and benefites within the kingdomes of England and Ireland as the English ar, and so reciprocallie.
That of all forrane negociations at home or abroad whiche ar nationall or of joynt concernement there be equall number imployed of bothe kingdomes.
That some of the kingis shippes be appointed constantlie to guard the coast of Scotland and give saife convoy to Scotis shippis.
And altho there be no materiall alterations of the formar propositions nor of the 17th proposition concerneing the militia, yow ar to mak use of the proceiding [...] articles and mannage them as yow find most conduceable for setleing of religion, peace and interest of this kingdome and according to your formar instructions.
Iff the abridgeing of the number of our cavilrie to the number of 2,000 horse and 1,000 dragounes salbe insisted on, yow shall adhere to the answer made by yow to the vote of bothe houses of the sixth of Januar upon that subject, and adde further that as the least number by the treatie was agried to to be 18,000 foote, 2,000 horse and 1,000 dragounes (besyde the forces whiche wer invited to come in under the command of the erle of Callender), so is there no just ressone of exception upoun the point of number so long as the armie (compting bothe foote and horse) doeth not exceid the number first agried upoun and the additional forces brocht in by the erle of Callender. Nor can there be anie just exception taken by the houses of parliament for encrease of charge and expence so long as thair is no more money and pay socht from them nor the threttie thousand punds agried upon to be payit monethlie to the armie. And that we have evir bene and ar still willing that musteris be made for knawing the number and strenth of our armie.
Concerneing Belfast and garisones in Ireland, yow shall show that by the treattie upon whiche ane armie was sent from Scotland to Ireland the warre is to be first prosequute in Ulster, and the commander in chiefe of the armie entrusted to carie on the warre as might best suppress the rebells and reduce that kingdome to the obedience of king and parliament and that all places recovered from the enemie sould be disposed of as the commander in chiefe sould judge best for promoting the service, and sould remane in the posession of the Scotis during thair abode in Ireland.
Belfast is a place wherein a pairt of the Scotis armie at thair first arriveall in Ireland was quartered without anie interruption till the Scottish forces within it wer drawne furth thairof for some service in the fieldis, upon whiche Colonell Chicester (then haveing declared himselfe ane enemie to the armie, caus and covenant) was unwilling to quarter the lyke number of the Scotis armie there agane, whiche moved Generall Major Monro to regane that quarter, whiche he did carefullie and activelie performe without ony violence. Quhairupon Colonell Chichester with his people went immediatlie to the enemie in Dubline, to whome undoubtedlie he wald have surrendered that garisone if he had not bene tymelie prevented. And therefore Belfast, being a place alwayis in the posession of the Scotis armie and purchest from the enemie, at least from suche a persone as wald have betrayed it to the enemie, and being a place most necessarie for the subsistance of the Scotis armie and promoting the warre, it is agrieable to the treatie and for the good of the service that it remane in the posession of the Scotis sa lang as they remane in Ireland for prosecution of the warre. And for your better informatioune concerning this particular, yow shall peruse the paperis from Ireland heirwith sent to yow.
Yow shall give frequent advertisement to the parliament or thair committies of your proceidingis.
The haill particular instructions abonementioned being red in audience of the parliament this thrid day of Februar 1646 yeirs, the samen wer agried to, allowed and approven be the estates of parliament.
Instructions additt to the formar
Yow shall delyver to the honorable houses of parliament our letter in answer to theirs of the tuelt of November† last concerneing the removeing of garisones from Newcastle etc. and mannage that particular according to the instructions sent to yow for that effect.
Yow shall receave our letter to the houses of parliament, demanding the speidie setleing of religion and uniformitie, the carieing on the warre by the joynt counsells and forces of bothe kingdomes, the sending of propositions of peace to the king, the payment of the sowmes of money dew to this kingdome and our armies, and keiping a right understanding betweene the kingdomes, and we referre to your judgement and discretion to mak the best use yow can of that letter and delyver it or not delyver it as yow conceave may serve most for the good of the caus and interest of this kingdome.
Yow shall delyver our letter writtin to the assemblie of divynes.
Thir instructions immediatlie abonewrittin wer also red in audience of the parliament and agried to and approven be the estates of parliament and ordaned to be addit to the formar instructions.
[1645/11/218]*[print] [email] [cite] [preceding] [following]
The estates of parliament remittis and recommendis the supplicatioune presented to them be Johne Hamiltoune of Boighall and desire thairof anent his loisses sustenit in respect of the payment made be him to the publict of the bygane excise for tobacco to the committie of the moneyis, to be tane in consideration be them for the supplicant's reparatioune and satisfaction as the committie sall think fitt.
[1645/11/219]*[print] [email] [cite] [preceding] [following]
The estates of parliament doe heirby seriouslie recommend to the committie for the money the payment to the magistrats of Dundie of the tuentie thousand punds Scotis ordaned to be payit to them be the parliament for the mantenance of the poore people of that toune, and ordanes the committie to tak some effectuall course for thair payment of this sowme.
[1645/11/220]*[print] [email] [cite] [preceding] [following]
The letter from the estates of parliament of the kingdome of Scotland to the speaker of bothe houses of the parliament of the kingdome of England, being red in audience of the parliament, was approven be the estates of parliament of the date this 3 February 1646.
[1645/11/221]*[print] [email] [cite] [preceding] [following]
The letter from the parliament of Scotland to the parliament of England of the date this 3 of Februar 1646, being red in audience of the parliament, was also approven be the estates of parliament.
[1645/11/222]*[print] [email] [cite] [preceding] [following]
Ane letter from the estates of the parliament of Scotland to the assemblie of divynes in England of this thrid of Februar instant, being red in audience of parliament, was approven be the estates thairof.
[1645/11/223]*[print] [email] [cite] [preceding] [following]
Ane letter be the estates of parliament of this thrid of Februar 1646 to their commissioners at London, being red in audience of the parliament, was approven be the estates thairof.
[1645/11/224]*[print] [email] [cite] [preceding] [following]
It being proponed in audience of the parliament that the lord president of the parliament sould be supernumerarie in the commission granted to the commissionars of this kingdome to the parliament of England, wpon the quhilk proposition the erle of Crawfuird Lindsey, president of the parliament, desyreing to remove quhill the proposition was decydit be the parliament, and being put in voyceing whither he sould remove or not, it was caried be maniest voyces that he sould not remove. And thaireftir it being questioned whither there sould be ane committie appointed to think if it be fitting that anie be added to the commissionars for the treattie at London in respect of the great weight and importance of that employment and report thair opinion to the parliament thairanent, yea or not, it was caried be maniest voyces that there sould be ane committie appointed to the effect contenit in the question, and that there sould be thrie of everie estate upon that committie.
Quhairupon the noblemen nominat the erles of Glencairne, Cassilis and Lanerk, the barrones nominat the Lord Wariestoune, the lairdis of Garthland and Frieland, and the burrowis nominat Mr Alexander Wedirburne, George Porterfeild and Johne Kennedie as ane committie to think upon the question and bussines before voyced, and appointis them to meet the morne at sex hours in the morneing in the erle of Lanerkis lodgeing, and thaireftir to report thair opinion to the parliament.
[1645/11/225]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordanes the erle of Cassilis, vice president of parliament, to subscryve the act made be the estates of parliament in favors of the erle of Crawfoord Lindsey, president of parliament, and of the lairdis of Bogie and Creiche for thair releife of the 500 lib. sterline undertane be them and in favors of the erle of Tullibardine, the lairdis of Frieland and Adie for thair payment of 1,000 bolls meale to be furneist be them to the magazine at St Jonstoune.
[1645/11/226]*[print] [email] [cite] [preceding] [following]
Forsamekle as the estates of parliament, taking into there consideration that in the act of mantenance of the tuentie sevint of Januar last they have ordaned the valuatiounes to be rectified where there is anie wrong done thairin, declaring alwayis that this warrand for new valuatioune salbe no hinderance or diminition to the payment of the monethlie mantenance, loane or taxt, as the act of mantenance beirs, they doe therfore give and grant power, warrand and commission to [...], master of Fraser, Sir William Forbes of Cragivar, Arthor Forbes of Echt, James Skene of that ilk, Thomas Jonstoun of Craig, Frances Fraser of Kinmwndie, Gilbert Skene of Dyce, Thomas Forbes of Watertoune, Johne Kennedie of Kirmuckis, Johne Forbes of Aslowne, Thomas Erskene of Pittodrie, Sir William Forbes of Monymusk, William Forbes, younger, of Corsindae, Alexander Strauchan of Glenkindie, Alexander Fraser of Phillorth, Duncan Forbes of Camphell, William Forbes, younger, of Leslie, Arthor Forbes of Invernochtie, George Leslie, younger, of Kincraig, Johne Forbes of Knokquharne, Johne Leyth of Whythauche, Johne Forbes of Arditurdo, James Forbes of Cloak, William Dalgarno of Garniestoune, Sir Alexander Abircrombie of Birkinboig, Sir William Keith, younger, of Ludquharne, Alexander Forbes, tutor of Pitsligo, Waltir Forbes of Tolquhone, Johne Forbes of Bythe and Andro Meldrum of Iden, or to ony fyiftene promiscuouslie of the haill persones abonenamed as the quorum thairof, to rectifie and value of new agane all landis, teindis and casuall rentis within the shireffdome of Abirdene formarlie wrong and unproportionablie valued, with power to the saidis commissionars or thair quorum to tak sick tryell and probatioune by writ, witnesses, oathes of pairteis or uthir legall probatioune as they sall find necessar and expedient for clearing and tryell of the valuationes of the haill landis, teindis and casuall rentis within the said shireffdome of Abirdene. Quhilk new valuatioune sua to be made nor this warrand granted for that effect the estates declares salbe no hinderance nor diminition to the payment for the use of the publict of the monethlie mantenance, loane or taxt of the said shyre dew to the publict out of the haill shyre nor na pairt therof. With power lykewyse to the saide commissionars or thair quorum to choose there awne clerkis, ane or mae, and all uthir officers and members of court necessar for this commission, and to appoint the tymes and places of thair meitting to be upon sick dayis and at sick places within the shyre as the commissionars or thair quorum sall find convenient. And ordanes the foresaids new valuatiounes that beis tane and made be vertue heirof to be set doune in writ and subscryved be the quorum of the foresaid commission, and thaireftir reported to Sir Adam Hepburne of Humbie, thesaurer of the armies and generall collector of the foresaid monethlie mantenance, loane and taxt, or to his deputs clerk to the said collection, that thereftir the publict dewis of the foresaid shyre may be accordinglie payit.