51 dies parliamenti
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Prayeris said, rollis called.
The estates of parliament gives full power and warrand to the committie for the moneyis or quorum thairof upon refuissall to pay the fynes imposed alreadie or to be imposed upon anie persone, who in the rigor of law might have bene punished in lyfe for acts of malignancie and now fallis within the compas of the first or second classes, to forfault thair landis and estates or ony pairt thairof as the said committie or thair quorum sall think fitting, and not thair lyves.
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The estates of parliament, haveing hard and considdered the report of the committie for the Lord Humbie, thesaurer of the armie, his accomptis concerneing the desire of Johne Jonstoune of the citie of Edinburgh, merchand, now resident in the citie of London, craveing some allowance and consideration for his panes in the receaveing of all suche publict moneyis as wer to be receaved from the kingdome of England and in payeing out thairof to the commissionars of Scotland and to the ministers, commissionars from the generall assemblie resideing in England, there monethlie allowance from tyme to tyme as deputie thesaurer to the said Lord Humbie, the saidis estates of parliament ordanes the said Johne Jonstoune, supplicant, to have sex shillingis, aucht pennies Scots of eache hundereth merks Scotis of all the aforesaid publict moneyis receaved and intrometted with be him, or that heireftir he sall receave and intromet with as ane allowance for his panes thairin, quhilk the estates doe heirby grant and allow to him, quheranent thir presentis salbe ane sufficient warrand.
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The estates of parliament, haveing hard and considdered the report to the committie of dispatches concerneing the desire of Charles, erle of Dumfermling, his suplicatioune craveing payment for aucht hundereth bolls meale at aucht merks the boll, delyvered for the use of the publict to Johne Denholme, commissar for the northerne expedition, with threttie shillingis for the pryce of ilk seck of thrie hundereth and aucht seckis, delyvered with the foresaid meale to the said John Denholme, they find and declare that there is dew be the publict to the said Charles, erle of Dumfermling at Mertimes jM vjC and fourtie fyve yeirs lastbypast the sowme of fyve thousand, thriescore ten punds Scots money of principall sowme and annuelrent thairof to the said terme of Mertimes jM vjC and fourtie fyve yeiris for the pryce of the foresaid meale and seckis abonementionit, quhilk sowme the estates of parliament declares to be ane publict debt dew to be payed to the erle of Dumfermling, with anuelrent thairfore till the payment. And thairfore they doe heirby obleidge the estates of this kingdome to mak payment to the said Charles, erle of Dumfermling of the foresaid sowme of fyve thousand, thriescore ten pundis Scotis money, with anuelrent thairfore since Mertimes 1645 yeirs and intymcomeing quhill the payment, and for the said erle of Dumfermling, his more readie and speedie payment thairof, the estates of parliament be thir presentis grantis precept and warrand to Sir Adam Hepburne of Humbie, generall collector for the publict and thesaurer for the armies, and his deputtis, to mak payment to the said Charles, erle of Dumfermling of the foresaid sowme of fyve thousand, thriescore ten pundis, with the anuelrent thairof sen Mertimes last 1645 yeirs and intymcomeing quhill the payment thairof, out of the first and readiest moneyis perteining to the publict intromettit with or to be intromettit with be them or hes or sall come to thair handis, quheranent thir presentis salbe ane sufficient warrand.
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The estates of parliament, haveing hard and considdered the overtors wnderwrittin, quhairof the tenor followis: The humble desire of the burrowis to the honorable hous of parliament. 1. That they wilbe pleased to give warrand for discharging quhairtermasters of regimentis and all others to quarter anie regiments or sojors within burghes, bot that the magistratis of the burrowis may have the charge thairof becaus quartermasters takis money and makis frie whome they please and layis heavier burdene upon others nor they ar able to beare. 2. To condiscend and set doune order how and at what rate all officers of regiments salbe interteaned upon frie quarters within burghes, becaus some ar verie implacable and at extraordinarie expenses to these upon whome they ar quartered, not onlie taking frie quarters to themselfis bot to all suche thair commrads whome they sall please to bring in with them, and does enforce poore men to serve them with wyne, bothe at table and extraordinarie tymes. 3. To condiscend what of the inferior officers salbe obleiged to live upon proveant as doeth the sojors, and who salbe interteaned for payment in moneyis. 4. To condiscend how many horses is allowed upon the officers of foote regiments, becaus some of them doe keip foure or fyve horses with them upon frie quarters, whiche does draw to great expenses. The saidis estates ordaines the quarteringis within burghes to be as the magistrats of the burghes sall appoint, conforme to the desire of the first article, and alse the estates ordaines and appointis the committie for the moneyis to condiscend on the wayis, rules and orders how and at what rate all officers of regiments salbe interteaned upon frie quarters within burghes or in landward according to the desire of the second article, quhilk the estates findis just; and siclyik the saidis estates of parliament remittis and recommendis the thrid and fourt articles abonewrittin as just and reasonable to the said committie for the moneyis, and ordanes them to condiscend what of the inferior officers salbe obleiged to live upon proveant as doeth the sojors and who salbe interteaned for payment in moneyis; as also to condiscend how manie horses is to be allowed upon the officers of foote regiments to be keiped upon frie quarters, conforme to the desire of the foresaids thrid and fourt articles.
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The estates of parliament doe heirby give warrand and commission to Johne Midletoune, generall major of the horse, to leade, conduct and command all the forces within this kingdome of horse or foote and to imploy the same to the best advantage for prosecution of the warre against the rebells as he sall find necessitie so to doe, and the commission to endure ay and whill the parliament or there committie shall discharge the same.
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The estates of parliament, considering that by the advancement of David Leslie, late generall major of the horse to be lieutenant generall thairof, the said place and charge of generall major is now vacand, and the saidis estates haveing good proofe and experience of the abilities and worth of Johne Midletoune to discharge the same, therfore they, all in one voice, with consent of the lord generall, have nominated, elected and made choose of the said Johne Midletoune to be generall major of the horse, with power to him to exerce the said office and enjoy the same with all the fies, dignities and priviledges belonging therto, commanding heirby everie one whome it concernes to obey him in what is incumbent therto, conforme to thair duetie; and thir presentis to endure ay and quhill the same be discharged by the parliament of this kingdome or there committies.
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The estates of parliament, considdering that by the deathe of Laurence Crawfoord, generall major of the foote, the said place and charge is now vacand, and the saidis estates haveing good proofe and experience of the abilities and worth of James Hopburne to discharge the same, therefore, they all in one voice, with consent of the lord generall, have nominated, elected and made choose of the said James Holburne to be generall major of the foote, with power to him to exerce the said office and to enjoy the same with all the fies, dignities and priviledges belonging thairto, commanding heirby everie one whome it concernes to obey him in what is incumbent therto, conforme to thair duetie; and thir presentis to endure ay and whill the same be discharged by the parliament of this kingdome or committies thairof.
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The estates of parliament, haveing upon consideration of the continweing troubles of this kingdome and of the condition of thair armies bothe at home and in England bethought themselfis of the duetie whiche in the present conjuncture of affaires they owe unto God in defence of his treuth against all oppositioune and to this kingdome (whome they represent) in the mantenance of its lawis and liberties according to the covenant, have thocht it necessarie that the armies within this kingdome and in England be recruted, strenthened and enabled so to prosequute the warre this ensweing sommer, as by the blissing of God upon thair endeavouris the long lasting troubles of this kingdome may end in ane happie and safe peace, whiche being so muche desired by all good Christianes and countrey men the estates of parliament have reasone to be confident of thair readie and careful†concurrance with thair persones and fortunes in the way and meane for attaineing the same, wherunto also (albeit religion wer not in hazard) the kingdomes honor so muche interessed wer of it selfe a motive strong enoughe to prevaill with everie trew Scotis heart, and thairfore have statut and ordained that anie leavies formarlie appointed by warrand of the parliament, convention of estates or anie committies from them respective, or run-awayis from anie regimentis who have returned bak to thair shires and ar now lurking in the same, be with all expedition put out and delyvered to these regimentis unto whiche they ar assigned by anie actis of parliament, convention or committie frome whiche they ar run-awayis, and that there be no neglect in the due execution heirof, the saidis estates ordaines the committies of warre in eache shyre respective to be carefull heirin as ane of the most necessar and speciall pointis of the trust committed to them. And becaus the number of the saidis deficientis and runawayis will not be sufficient to mak up the ten thousand foote appointed to be interteaned within and for the service of this kingdome and also to strenthen and recrute the armie in England, they have thairfore statute and ordaned a new leavie of foote to be layed on and raised out of the severall shyres and burghes of this kingdome, according to suche proportions and for the recrues of suche regimentis as salbe conteaned in the list to be made up be the committie of estates. And becaus upon the speedie and effectuall executioune of this ordinance (as the onlie probable humane meanes) so muche dependeth all the honor and happines of this kingdome, the saidis estates of parliament have thocht fitting seriouslie to recommend to the committies of warre of the severall shyres heartilie and with publict spiritis over all difficulties to add unto thair formar this new testimonie of thair resolutions to pursue the endis exprest in thair covenant with thair lyves, fortunes and estates, and speidilie to delyver thair severall proportions of men to suche officers of the foresaidis regimentis respective as salbe appointed for ressaving of the same from them. And further statutis and ordanes that the saidis memberis†of men appointed to be raised out of the severall shyres and burghes be in readines and delyvered betuixt and the tent day of March nixt to suche officers as salbe appointed by the collonells respective foresaidis for receaveing the same, and that betuixt and the tent day of March nixt the committies of warre of the severall shyres sall send some of thair awne number fullie instructed to give a particular accompt of thair diligence bothe in putting out this new leavey and thair formar deficientis unto the committie of estates.
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Forsamekle as the estates of parliament, taking to there consideration the great number of men that the shireffdome of Fyiff within the presbitries of St Androis, Cowper and Kirkcaldie hes loissed and had killed to them in the service of the publict at Kilsyith and Tippermwre, they doe thairfore heirby exeame and liberat the said shyre of Fyiff within the thrie presbitries abonenamed fra all putting out of anie men be vertue of the act of parliament of the date heirof made for recruting of the regimentis and forces within and without the kingdome, and declares them frie of the force and execution of the said act theranent, and exceptis the saidis thrie presbitries thairfra, quheranent thir presentis salbe a warrand.
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Forsamekle as the estates of parliament, taking to there consideration that be there act of the date heirof anent the recruteing of thair armies within and without the kingdome they have remitted the list of a new leavie of the numbers to be put out for everie shyre and applicatioune thairof to the committie of estates, there consideration, they doe thairfore heirby give power to the committie of estates, there consideration, upon supplicatioune to be given in to them be anie shyre betuixt and the tent day of March nixtocum upon good ressones and speciall considerations to be cleared before the committie to lessen the numbers in the foresaid list to these shyres sua supplicating betuixt and the day foresaid, and if upon good considerations and ressones the numbers of some shyres salbe lessened, with power to the committie of estates to mak up these numbers out of uthir shyres. And alse the estates of parliament remittis the foresaids haill listis and applicatiounes thairof to the committie of estates, with the power aforesaid, and ordanes the erle of Lowdounes regiment to be recruted ather by men or money, excepting furth of this remitt the recrute granted to the laird of Lawers in this session of parliament furth of Perthshyre; and exeames the shyre of Fyiff within the thrie presbitries of St Androis, Cowper and Kirkcaldie fra all putting out of anie men be vertue of the foresaid act made anent the recruteing of the armies; and remittis to the committie of estates, thair consideration, the number to be put out be the presbitrie of Dumfermling. And alse the estates remittis and earnestlie recommendis to the committie of estates the consideration of the condition of the shyre and toun of Edinburgh in respect of thair great loiss be the plague of pestilence, togither also with the condition of the shireffdome of Hadingtoune inrespect of thair numbers alreadie put out and of these deid in that shyre be the foresaid plague.
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The estates of parliament ordanes the noblemen and the commissionaris of the shyres and burrowis to advance and pay to the generall commissar ane full monethis mantenance without deduction of quarteringis or anie other deductioune, and this to be payit betuixt and the tuentie day of Februar instant; and where anie of the shyre offeris meale for thair mantenance, the same to be receaved as the generall commissar or his deputtis and they can aggrie, to be caried be the sellers to the nixt magazine; and ordaines the advancers to have thair releife bothe for principall and anuelrents off the shyres and burghes fra these lyable in payment of the mantenance or agains the committie of warre of the shyres or magistratis of burghes respective at the option of the advancers and the committies of warre, and magistrats to have thair releife of these lyable to mantenance to burgh and land. And the estates declares that inrespect the quarteringis ar not allowed now in this monethis mantenance to be advanced, that thairfore the samen quarters salbe allowed out of the remanent monethis mantenance unpayit or fynes within shyres or burghes unassignit. And ordaines letters to be direct to the effect abonewrittin aganis the noblemen and commissionars foresaid for payment of the foresaid ane monethis mantenance upon ane simple charge of ten dayis; and grantis the lyke letters for thair releife agains these lyable in shyres or burghes for the mantenance and aganis the committies of warre in shyres and magistrats in burghes, and they to have thair releife fra these lyable in payment as said is, and this but prejudice of the remanent monethis mantenance as yit unpayit, conforme to the severall actis of mantenance.
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The estates of parliament, taking to consideration the necessitie and expedience of fitting and clearing of the accomptis of what hes bene receaved by the Scottish armie in England since there last ingoeing by billetting and otherwise, and of removeing and setleing of all differences concerneing the same according to the 9th article of the treattie and conforme to the desire of the commissionars of the parliament of England to the parliament of Scotland in [...] 1645 and whiche hes bene earnestlie desired by the said committie of estates, who have writtin frequent letters for granting commission for that effect, thairfore the saidis estates of parliament doe heirby nominat and appoint the persones underwrittin: they ar to say Charles, erle of Dumfermling, William, erle of Lothian, Alexander, lord Balcarras, Sir David Home of Wedirburne, Thomas Ruthven of Frieland, Sir Thomas Ker of Cavers, William Glendonyng, provest of Kircudbryght, Johne Jonstoune, burges of Dumfreis, Johne Auchterlony, burges of Abirbrothok, the generall of artilliarie, Sir Adam Hepburne of Humbie, thesaurer of the armies, Sir James Lumisden, governor of Newcastle, Generall Major Hopburne, William Thomsone, deput to the Lord Humbie, and James Sword, burges of St Androis, or anie thrie of them, giveand and committand to them full power and commission by themselvis or with mutuall consent of the commissionars appointed or to be appointed be the parliament of England to conveene and meet at suche pairtis, places and tymes as salbe thocht most convenient, and to proceid and goe on in adjusting and clearing of the accomptis of the said armies intromission in money, billet, assesment or otherwise joyntlie with the commissionars foresaids or be themselfis, and to appoint tymes and places of thair meitting, and to do everie other thing requisite and necessar for fitting and clearing of the saidis accompts, firm and stable holding and for to hold all whatsoevir thingis salbe laufullie done herein.
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The estates of parliament, taking to there consideration the distrest and utter rwined condition of Mr Thomas Mitchell, minister of Turreff, they, for his present subsistance and intertinement of him and his familie, ratifies and approves the precept of foure hundereth merks formarlie granted to him out of the rentis of Haddo to have bene payit to him be Thomas Forbes of Watertoune. And farder the estates addis to the formar four hundereth merks the sowme of ane thousand merkis farder to be payit to the said Mr Thomas Mitchell for his subsistance and intertinement, and for that effect they doe heirby ordane the committie of moneyis for the north to caus the said Mr Thomas Mitchell be reallie and speidilie payit of the foresaid haill sowme of fourtene hundereth merks out of the readiest moneyis and rentis of delinquentis and malignantis landis in the north within the boundis of that commission. And inrespect of his present necessitie, the estates be thir presentis seriouslie recommendis him to the said committie of moneyis for the north to tak some speidie course for his payment. And alse the estates doe heirby seriouslie recommend the said Mr Thomas Mitchell, his loisses and wrongis done to him, to the said committie for the north, to be tryed, satisfied and repaired be them eftir tryell as they sall think fitt.
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The estates of parliament, taking to there consideration the great panes and travell takine be Mr Andro Cant, ane of the ministers of Abirdene, with his fidelitie and care for the good and advancement of the caus and cuntrie, they doe heirby give and grant to him the sowme of tua thowsand merks Scotis, and seriouslie recommendis the reall and effectuall payment thairof to him to be tane in consideration by that committie of the moneyis appointed for the north, quhome the estates earnestlie desires to tak suche effectuall course for the said Mr Andro Cant, his reall payment of the said sowme of tua thousand merks, as that nather the intention of the estates of parliament thairanent become ineffectuall, nor yitt the said Mr Andro delayed or defrauded of his payment. Quhilk sowme of tua thousand merkis the estates declares is by and attour the payment to the said Mr Andro of his loisses eftir tryell, quheranent thir presentis salbe ane warrand.
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The estates of parliament, taking in consideratioune the desires represented unto them for the erle of Leivin, lord generall, David Leslie, lieutenant generall of the horse, Lieutenant Generall Baillie and Generall Major Midletoune for thair assignementis, the estates doe heirby seriouslie in a special maner recommend the samen to the committie for the moneyis, processes and fynes, to be presentlie tane in consideration and granted be them.
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Anent the supplicatioune given in to the estates of parliament be Alexander, erle of Eglingtoune, desyreing ane new warrand to be given to the erle of Erroll and to the erle of Kinghorne and to the erle of Erroll, his uthir curators, to mak payment to the suplicant out of the readiest of the moneyis adebtit be them to Patrik Ruthven, sumtyme erle of Forth, off the sowme of tuentie tua thousand, four hundreth and thrie score merks fund dew to the suplicant be the publict and formarlie ordaned to be payit to the suplicant be ane act of the committie of estates of the last of December 1644 out of the readiest moneyis belonging to the said Patrik Ruthven and to the late erle of Carnwath and out of the rentis of thair lands, as the suplicatioune beiris; and alse anent ane uthir suplicatioune given in to the parliament be the said Johne, erle of Kinghorne desyring warrand for allowance and retention of samekle of the sowmes of ellevin thousand merks and six thousand merkis of principall sowme and anuelrents yitt unpayit of ane greatter sowme adebtit be the erle of Erroll and his cautioners (wherof the erle of Kinghorne is ane) to the said Patrik Ruthven, late erle of Forth, and now perteining to the publict be his forfaltor as will satisfie the said erle of Kinghorne of the sowme underwrittin awand to him be the publict, viz: sevin thousand merkis for meale in anno 1641, thrie thousand, fyve hundereth fourscore aucht pundis ten shillingis for victuall and uthir provision furneist in anno 1640, and of the sowme of tua hundereth fourscore ane pundis ellevin shillingis for certane guidis furneist to the armie in Julii 1640, with the anuelrentis of the saidis sowmes, as the samen uthir supplicatioune, desyreing also warrand to the Lord Humbie to ressave ane discharge fra the supplicant of the sowmes abonespecefeit and debtis awand be the publict to him with the warrandis and instructions thairof, and to give ane discharge of the uthir sowmes perteining to the publict answerable thairto, mair fullie beiris. Quhilkis tua supplicatiounes, with the instructions respective thairof, being hard and considered be the estates of parliament, eftir that baithe the pairteis wer hinc inde hard in audience of the parliament for and aganis uthirs respective, the saidis estates ordaines the committie for the moneyis to caus mak thankfull payment to the Alexander, erle of Eglintoune off the foresaid sowme abonementioned contenit in his said act and assignement of the last of December 1644 yeirs; quhilk act and assignement thairincontenit the estates doe heirby discharge in sa far as the samen may be extendit aganis the saidis erles of Erroll and Kinghorne for the sowme abonewrittin whilk was adebtit be them to the late erle of Forth and yitt unpayit to the publict, wha hes richt thairto by the forfaltor of the said Patrik Ruthven, late erle of Forth, seing they find that the erles of Erroll and Kinghorne hes just resson of retention of the foresaid sowme and anuelrents thairof yitt unpayit be them to the publict of the greater sowme formarlie adebtit be them to the late erle of Forth, for compensatioune thairof in payment and satisfaction to them of the sowmes abonespecefeit and anuelrents of the samen adebtit be the publict to the erle of Kinghorne, quhome the estates findis could not be prejudgit of his right of retention upon compensatioune for payment of the sowmes awand be the publict to him by anie act or assignement made by the committie of estates for the publict in favors of the erle of Eglintoune for the foresaid sowme.
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The estates of parliament ordaines Generall Major Monro to be added to the commissionars appointed for Ireland, and for that effect gives warrand to the clerk of registere to joyne the said Generall Major Monro to the saidis commissionars and insert him in the samen commissioune.
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Anent the supplicatioune given in to the estates of parliament, quherof the tenor followis: Wnto the honorable estates of parliament, the humble desire of Sir Johne Hadden of Glennegies, scheweth that it is not wnknawne to some of your lo[rdships] number with what disadvantages I have witnessed my constant affection to the caus in hand, and that thairfore the rebellis and enemies of this kirk and kingdome have spoyled and undone and waisted my landis, spoyled and undone my tennentis and have left me nather meanes nor estate ather to enable my selfe or my freindis and followers for doeing of that duetie that the publict caus at this tyme requires, and that I wold wish at this tyme to evidence according to my place and charge and that the rwine and destruction of my selfe and my freindis and tennentis is occasioned and holden foreward be these my nightbours who ar in rebellion, and sieing my loisses ar not yitt valued nor can be repaired till the same be tryed and the authors and principall actors aganis me aucht to be lyable for my reparatioune, heirfore my humble desire is to your lordships to give warrand that I nor nane of my freindis nor tennents be troubled be anie action of law for anie sowmes restand to anie actuallie in the rebellion, and that I may reteane the same ay and quhill I get satisfaction of my loisses and the same tryed and qualified, quhilk salbe done with diligence, and your lo[rdships] answer, as the said supplicatioune beiris. Quhilk supplicatioune and desire therof foresaid being hard and considdered be the estates of parliament, they grant the desire thairof abonewrittin and doe heirby give warrand that the supplicant nor nane of his freindis nor tennentis be troubled by anie action of law for anie sowmes restand to anie actuallie in the said rebellion, and that the supplicant may reteane the same ay and quhill he get satisfaction for his loisses and the same tryed and qualified, quhilk the estates ordaned to be done with all diligence, quheranent thir presentis salbe a sufficient warrand.
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Anent the supplicatioune given in to the estates of parliament, quherof the tenor followis: The supplicatioune of Lieutenent Colonell Mungo Murray to the estates of parliament, humblie sheweth that wheras he was ordaned be the committie of estates to have ressaved fra the generall commissar or his deputtis the sowme of ane hundereth pundis sterline for his outreik money, being at that tyme appointed lieutenent collonell of horse, off whiche money as yit he hathe ressaved no payment, besydes a great daill of money and ten of his awne horses he loist at Kilsyith and manie arrears also restand awand to him be the publict, for whiche he humblie requeistis he may be recommended to the committie of money for payment of the foresaid money dew to him; as also that satisfaction may be made to him for his loisses and bygane arrears and for his horses quhilk the marques of Argyle and the erle of Crawfuird can testifie he did loiss their at Kilsyithe, and your lo[rdships] answer, as the supplicatioune beiris. Quhilk suplicatioune being red in audience of the parliament and the samen, with the desire thairof, hard and considered be the estates of parliament, they doe heirby remitt and seriouslie recommend the foresaid suplicatioune and desire thairof to the committie for the moneyis, to be tane in consideration be them for payment and satisfaction to the suplicant of the sowmes, loisses and bygane arrearis respective abonementioned as the committie sall think fitt for his satisfaction.
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Anent the suplicatioune given in to the estates of parliament, quherof the tenor followis: Wnto the most honorable the lordis and others of the committie of dispatches, the humble desire of the officers and souldiors of the laird of Laweris' regiment, schaweth that since through thair long continwance in your lo[rdships] service and by the space of sixtene monethis that they have bene at Innernes and have ressaved onlie halfe ane monethis pay there from the commissar thair, as his accomptis can testifie, they have drawen themselfis under great burthen so that thair credite is exhaustit and they extreamlie impoverished and in extreame necessitie. Quherfore it is thair humble desire that: 1. Your lo[rdships] wilbe pleased to ordane that tuo monethis pay may be given to the officers for defrayment of thair bygane burdingis and provyding themselfis with clothes and uthir necessars according to the establishment in Ireland. 2. That 400 swte of clothes and 400 paire of shoes may be provydit and sent to the souldiors with halfe ane monethis pay. 3. Inrespect moneyis can not be presentlie had, your lords will be pleased to give ane ordinance that the samen may be payit sa soone as moneyis can be had, and for that effect that they may be assigned to ane fyne for payment thairof. Quhilk supplicatioune and desire thairof being hard and considered be the estates of parliament, they remitt and recommend the samen supplicatioune and desire thairof abonewrittin and doeing of the samen to the committie for the moneyis, to be tane in consideration be that committie and to doe thairanent for the supplicantis satisfaction as the committie sall think fitt.
[1645/11/247]*[print] [email] [cite] [preceding] [following]
Anent the supplicatioune given in to the estates of parliament be James, erle of Tullibardine, beirand that his whole landis within the shireffdome of Perth (alsewell these stockit with his awne guidis as tennent sted) ar altogither spoyled, waisted and destroyed be James Grahame and his assistantis, that crew of cruell rebells, enemies to this kingdome, and that his landis of Ridcastle within the shireffdom of Angus ar made altogither unproffitable to him by the rebellis and by the excessive quarteringis of our awne forces, as the report of the commission appointed for tryell of the supplicantis loisses beires; in the whilk report the samen ar fund to extend to the sowme of ane hundereth tuentie nyne thousand, ane hundereth thriescore fyve punds vij sh. x d. by the supplicantis loisses of his lands of Reidcastle, quhilks ar not yit cognoscit, and thairfore desyring the parliament to tak suche course for the suplicantis reparatioune as in justice they sall think fitt to doe to him wha hes nothing left to live upon, and that the estats wald appoint some of thair number to heir the supplicant propone some overtors as be thair consent will not be thocht unproffitable by your lo[rdships] for his reparatioune, as the suplicatioune also beiris. Quhilk suplicatioune being upon the tuentie nynt day of Januar red in audience of the parliament, the samen was remitted, with suche overtors as the suplicant sould give in and condiscend upon, to be considered upon be the severall bodies at thair meittingis apairt, and the samen suplicatioune, with the suplicantis overtors and the opinion of the severall bodies of the estates thairanent, being this day red in audience of the parliament and hard and considered be the estates of parliament, they doe heirby give and grant full power and warrand to the said James, erle of Tullibardine, suplicant, and to his factors and chalmerlanes in his name for his use to mell, intromett with and uplift all and sundrie the maillis, fermes, caynis, customes, casualities, proffeitis and dewteis off all and haill the landis and barronie of Kincardine and Aberuthven, with the pertinents, sumtym perteining to James Grahame and now perteining to the estates of this kingdome through the forfaltor of the said James Graham. With power to the said erle of Tullibardine to hald courtis upon the foresaids landis alse oft and at sick tyme as he thinkis expedient, mak and constitut baillies, creat clerkis, officers and uthir members of court necessar and to doe everie uther thing necessar and requisite for making of the foresaids landis of Kincardine [and] Abruthven, lyand within the shireffdome of Perth, and dewteis of the samene usefull and proffitable to the said erle of Tullibardine and the tennents and posessors thairof lyable and obedient to him siclyik and in the samen maner as the said James Grahame before his forfaultor, or the estates of the kingdome as now become in his richt and place, might have done; and to grant discharges to the tennentis, whilkis ar heirby declared to be valide and sufficient to the ressavears for thair exoneration. As also with power to the said erle of Tullibardine to inhabite, bruik and posses the houses, biggingis and yairdis of the landis abonespecefeit be himselfe or uthirs to his use, and to tak up the proffeit and commoditie thairof, and ordanes this right to endure and the landis and dewteis thairof to be possest be the erle of Tullibardine whill he be thairby payit of his loisses abonespecefeit, extending to ane hundereth tuentie nyne thousand, ane hundereth thriescore fyve punds vij sh. x d., or to suche tyme as the parliament or committie of parliament sall uthirwayis provyde for the supplicant's reparatioune of the sowme of his loisses abonespecefeit, allowing to him thairintill what he sall get or intromett with by this warrand and power granted to him heirby, quhilk the estates of parliament declares is alwayis but prejudice to the creditors and vassells of the said James Grahame of thair just debtis and laufull rightis, conforme to the act of parliament made in favors of the creditors and cautioners and vassells of forfaulted persones; and this to endure whill it be discharged be parliament or committie of parliament, to whome the erle is to be answerable to his intromission be virtue heirof.
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The estates of parliament, haveing hard and considered the desire of the supplicatioune presented to them be James, erle of Tullibardine, craveing that, inrespect of his great loisses susteand be him through the crueltie of the rebells and enemies of the kingdome, some course may be tane be the parliament for his subsistance and mantenance of him and his familie, togither with the opinion of the severall bodies of the estates anent the foresaid desire and overtor given in thairanent, viz: that it might please the parliament to assigne to the suplicant some moneyis out of the fynes quhairby he may be enabled to live in the cuntrie, keiping his credite and saveing his hous and posteritie from utter rwine. The saidis estates of parliament doe heirby remitt and recommend seriouslie in a speciall maner the suplicant, with his desire and overtor abonewrittin, to the committie for the moneyis, processes and fynes, to be tane in consideration be them for the suplicantis subsistance and satisfaction as they sall think fitt.
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Anent the supplicatioune given in to the estates of parliament, quherof the tenor followis: My lordis and uthirs commissionars of the honorable estates of parliament, wnto your lo[rdships] humblie meanes and shawis I, your lordships supplicant, Jeane Durhame, spous to Mr Gilbert Stuart, that quhair the haill meanes I had to interteane my selfe and children, being for the unnaturall rebellion of my said husband by your lordships just command seased on by the garisone of Pearth and the maills and dewteis of our landis arreisted and as yitt lyis unloosed, so that for my innocent cariage, quhilk God and all men knawing me can beare witnes, I am redactit to extreame great miserie and have nothing left me quhairupon to mantene my selfe and my fatherles children unless your lordships tak my case and condition to your Christian compassion. Heirfore I beseek your lordships to considder heirof and to give warrand for restoring of my money so taken and seased on be the said garisone of Pearth, and to caus loose the said arreistment on the dewteis of the saidis landis and to discharge anie from medling and intrometting with the same, that I may have somewhat for intertinement of my selfe and children and may be enabled and encouraged to pray for your lordships prosperous succes, and your lordships answer. Quhilk being red in audience of the parliament and the samen, with the desire therof, being considered be the estates of parliament, the saidis estates, inrespect of Generall Major Midletoune, his relatioune to the suplicant, grants the desire of the said suplicatione and thairfore they doe heirby give warrand for restoring to the suplicant of hir saidis guidis and moneyis seased upon and taken fra hir be the garisone of Perth, and be thir presentis lowses and discharges the foresaid arreistment layed upon the maillis and dewteis of hir landis, and also discharges anie from medling and intrometting with the samen that sho may have somewhat to interteane hir selfe and childrene.
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Anent the supplicatioune given in to the estates of parliament, quherof the tenor followis: Wnto the honorable court of parliament, the humble petition of Sir James Rollok, fear of Duncrub, knyght, schaweth that quhair it is not unknawne to your honouris how unhappilie I become acted and obleiged as cautioner for umquhile Sir William Rollok, my brothir germane, to reentir his persone in waird within the tolbuith of Edinburgh betuixt the date of the band or act and the [...] day of [...], under the pane of tuentie thousand pundis money, thinking thairby to have withdrawen him from the evill course he was upon; notwithstanding quhairof and of the great confidence I conceaved of my umquhile brothirs integritie for performance of all loyall dewteis to your honours and his native cuntrie, and lykewyse being alluterlie ignorant of what conditions past betuixt the estates and the said Sir William, he, by ony advyse or knawledge of your suplicant, not onlie most unnaturallie contraveened the tenor of the said band, bot also hes insnared your suplicant throw his becomeing cautioner for him; and now since the said umquhile Sir William hes bene of late apprehendit and hes deservedlie suffered for his miscariage, and that it is notor and knawne that your suplicant not onlie hes never had the meanest correspondence with the rebells nor thair adherentis, bot also hes bene and yit still is most willing and readie to give all reall testimonie of his trew affection in performeng all dewteis incumbent for the well of the caus in hand, my humble desire thairfore to your honors is that in consideration of the premisses your honors might be gratiouslie pleased to exoner your suplicant of his engadgement and cautionrie and of the said band or act of caution and sowme of money thairincontenit, and your lo[rdships] answer. Quhilk suplicatioune being red in audience of the parliament and the samen, with the desire thairof, hard and considered be the estates of parliament, eftir that the samen was hard in the severall bodies apairt, they exoner and discharge the said Sir James Rollok off his engadgement abonementioned and of his becomeing acted, band and obleist as cautioner for the said umquhile Sir William Rollok, his brothir, to the effect foresaid under the said pane and payment of tuentie thousand punds Scotis. And alse the estates exoneris and discharges the said Sir James Rollok of the foresaid band or act of caution and of the sowme and pane of tuentie thousand pundis abonewrittin thairincontenit with all that hes followit or may follow therupon aganis the said Sir James Rollok, supplicant.
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The quhilk day compeired personallie in presens of the parliament Charles, erle of Dumfermling and Williame, erle of Dalhoussie and judiciallie submitted themselfis anent the question betuixt them concerneing anie grund, reason, right or intrest the erle of Dumfermling hes or can alledge aganis the passing be the exchecker and delyvering to the erle of Dalhoussie of his signator of the mylne of Kirkcaldie haldin be him of the kingis majestie to the decreit arbitrall and determinatioune of Archbald, marques of Argile and [...] Merser of Adie, judges chosine for the pairt of the erle of Dumfermling, and of William, erle of Lanerk and Sir William Cochrane of Cowdoun, judges chosine for the pairt of the erle of Dalhoussie, and incaice of variance to Johne, erle of Cassillis as overisman, his decreit and determinatioune. With power to the saidis judges, and incaice of variance to the overisman, to give furth there decreit arbitrall and determinatioune concerneing the question and contraversie foresaid standing betuixt the saids erles of Dumfermling and Dalhoussie, and to decyde thairintill betuixt and the fyiftene day of Apprile nixtocum inclusive. Lykeas baithe the pairteis, personallie present as said is, judiciallie acted and obleist themselfis to obtemper and fulfill the decreit arbitrall and determinatioune to be given anent the premisses be the saidis judges abonenamit, or incaice of thair variance be the overisman himselfe alone, within the tyme abonespecefeit hinc inde ather of the saidis pairteis to uthirs, conforme to the tenor of the samen decreit in all pointis without ganesayeing thairto or apellatioune thairfra in anie sorte. With power lykewyse to the judges, or incaice of variance to the overisman, to decerne thair decreit and determinatioune to be given in the said matter to be registrat in the buikis of counsall and session and to ordane letters and executioune to pas therupon hinc inde at the instance of ather of the saidis pairteis aganis uthirs for fulfilling thairof.
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Anent the suplicatioune given in to the estates of parliament, quherof the tenor followis: My verie honorable lordis of parliament, wnto your lordships humblie meanes and supplicatis Mistres Lilias Naper, dochter laufull to umquhile Archbald, lord Naper. Wheras my umquhile father, out of his fatherlie love and care towardis me, did in his awne lyiftyme provyde me be band in ane sowme of money for my provision and portioune naturall, and now sen his deceis, being destitut of parentis, haveing nothing to look for bot that sowme for the advancement of my fortoun when it sall please God the samen sall offer, and in the meantyme nothing bot the interest and proffeit thairof to mantene me, and heiring your lo[rdships] is about to dispone my father's estate for the use of the publict, heirfore I maist humblie crave that your lordships wilbe pleased to tak my hard estate and condition to consideratioune and therby prescryve a solide way how I may be secured in the principall sowme for my patrimonie and of the proffeit and interest thairof for my necessarie mantenance in the meantyme, and your lo[rdships] answer, as the suplicatioune beiris. Quhilk suplicatioune being red in audience of the parliament and the samen, with the desire thairof, tane in consideratioune be the estates of parliament, they declare they will grant mantenance to the said Mistres Lilias Naper, supplicant, and for this effect they remitt and recommend the samen to the committie of moneyis, to be tane in consideratioune be them and to doe thairin as they think fitt.
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The quhilk day Sir Adam Hepburne of Humbie, generall collector and thesaurer of the armies, did in all humilitie present to the estates of parliament conveened in parliament the paper followeing, viz: Representatiounes offered in all humilitie to the honorable and high court of parliament be Sir Adam Hepburne of Humbie, why he conceaves himselfe not able to undergoe the charge of generall collector of the mantenance and thesaurer of the armies. 1. In consideratioune of the inabilitie of his bodie, he nevir haveing his health in anie monethis togither. 2. His unfittednes or inabilitie for these charges, as may appeare by the great restis of the taxt and loane, of the monethlie mantenance and other publict moneyis and rentis, the necessities somtyme of the committie to constitut uthir receavers of publict money which hes put the estate of this kingdome concerning materis of money and accomptis to a great confusion. 3. He conceaves it not possible for him to beare the burthen as thesaurer of the armies bothe in England and Scotland, becaus the charge in England withdrawis him from Scotland at least the halfe of the yeir. Any of these imploymentis requires a more able man for eache of them then he is, and as he conceaves no one man is able to doe bothe. And howbeit he hes had deputtis, the ablest men for suche offices, yitt experience teacheth him and them that when they and he hes done there best, a great pairt of the publict bussines charged upon them is neglected. 4. He does not esteeme the burdene so muche in the panes of the persones of him and his deputtis or difficulties in gathering in or dispensing of money as he feares the hazard of blame or imputatioune whiche may ly upon him, and then when bussines sall ather reallie or in pretension miscarie for want of money to souldiors and provisioune to garisones, for when they have done there utmost litle money comes in, muche is to be given out. Euerie man heares and may reid the hudge sowmes contenit in the act of mantenance and manie have thair mouthes filled with mountaines of money rysing out of fynes, bot few will sie the comeing in ather of the mantenance or the fynes. 5. He findis manie discouragements from particular persones who, when they get not money where there is none to give them, they become displeased with him and his deputtis, when God knawis and manie of themselfis knawis it is not in his power to satisfie thair desires. 6. He findis obstructions made even be some members of this present session of parliament, disabling him to serve by taking upon them without order or warrand to discharge his deputtis to pay him the money collected be them for payment of the meale and uthir provisioune furnished be noblemen, gentlemen and uthirs for mantenance of the armie, so that it can not be expected he can be usefull in that charge (howbeit commanded be the parliament) whilst anie one or tuo memberis of it, without authoritie, can discharge the onlie meanes quhairby he is enabled to serve. 7. He findis that manie who ar adebtit ather in mantenance or uthir publict dewis delayis to mak payment at the appointed tyme, quhairby the souldiors is neglected, or if these who ar commissaries doe advance money or tak upon credite to supplie the present necessitie, they are frustrat of thair releife becaus these who delayis to mak tymeous payment oftymes makis shift to get themselfis ather fred of the payment or allowed upon some on[e] pretended reasone or uthir quhairby these who ar publict servandis in that chairge ar put out of all credite. Quhilk paper, with the articles abonementioned, being red in audience of the parliament and the samen hard and considered be the estates of parliament, they, notwithstanding thairof, ordanes the said Sir Adam Hepburne to continwe in his charge of generall collector of the mantenance and thesaurer of the armies.
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The estates of parliament, taking to there consideration that Johne, erle of Kinghorne, Johne, lord Lowre, the laird of Panmwre, Sir Alexander Erskene of Dwn and some uthir gentlemen of the shireffdome of Forfar have borrowed upon thair awne securitie for anuelrent the sowme of six thousand and six hundreth merks money of this realme toward the payment of the officers and furnishing of ammunition to that shyre, and finding it reassonable that the persones ingadged for that sowme so seasonablie and tymeouslie advanced be them for the publict service sould be releived be the remanent barrones, friehalders and burrowis of that shyre, and themselfis not solelie and totallie burdeined therwith, thairfore the saidis estates doe enact, statute and ordane that the persones engadged in the said band salbe releived of the said principall sowme and whole anuelrentis thairof be the heritors, barrones, frieholders and burrowis within that shyre, and for that effect doe ordane that the barrones, frieholders and commissionars of burghes of that shyre do meet and conveene at anie day or place to be agried be them and stent the whole shyre, bothe to burgh and landward, for payment of the said sowme and haill anuelrents thairof, and that letters of horning, poinding and uthir executioune necessar pas upon the stent roll to be set doune at that meetting aganis all or everie persone therin stented for payment of the sowmes therby imposed upon anie persone or burgh. Whiche meetting of the shyre to be appointed for stenting the commissionars for the burrowis of Angus promeist to keip and to observe the tenors of this present act upon this express provision and condition: that if in the said stent there should be anie more burdeine imposed upon the saidis burghes royall or ony of them nor there just proportion, than it sould be laufull to them to appeall from the meeting of the shyre to the parliament or committie of estates for rectifieing the inequalitie imposed upon them.
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The paper or memorandum underwrittin, quherof the tenor followis: Memorandum: Alexander Kirktoune, provest of Jedburgh, and William Alie, baillie there, who wer heir before the committie of proces and besyde other thingis layed to there charge was fund to have accepted a vyild protection, since there goeing home hes insulted over there minister, wald be suspendit from there offices till further tryall; being represented in parliament to the estates therof, they remitt and recommendis the samen to the erle of Lothiane, to be tane in consideration be him, to heir the pairteis thairanent and thaireftir to tak sick tryell concerneing the saidis persones as he thinkis fitt.
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The estates of parliament considering that Sir Thomas Hope of Craighall, knyght barronet, his majesties advocat, Mr Rodger Mowat, Mr Alexander Pearsone, Mr James Baird and Mr Thomas Nicolsone, advocatis, have bene employed be the committie of estates to serve the saidis estates in all actions, materis and affairs concerneing there calling as advocatis and procurators foresaidis, and that Mr Robert Dalgleish was imployed as ordinarie agent for the saidis estates, in the whilk imployment the foresaidis procurators and agent have discharged there dueties faithfullie and diligentlie, thairfore the saidis estates of parliament approves of there cariage therintill in all and everie action of there said cariage preceding the day and date heirof, and alse the saidis estates recommendis to the committie for the moneyis to give them satisfaction for thair panes tane be them in the actions, materis and affaires of the publict; and farder the estates doe heirby seriouslie recommend to the committie of estates to think upon some mark of favor to be put upon the said Mr Thomas Nicolsone answerable to his cariage and deservingis in there imploymentis.
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The estates of parliament, haveing hard and considered the suplicatioune of Mr Symeon Durie, minister at Aberbrothok, aganis Patrik Guthrie of Auchmuthie, craveing ordor from the parliament to anie of the officeris of the armie to tak and apprehend the said Patrik Guthrie or quarter upon his landis whill he mak payment to the supplicant of the pryces of threttine bollis [and] tua firlotis meale, tua bollis wheat, tuell bollis beir and sex bollis meale restand unpayit as ane pairt of his stipend [of] the croptis 1641 and 1642, together with the report of the committie for the billis theranent, eftir that the said Patrik Guthrie was cited and compeired not, they doe heirby give warrand to anie officer or commander to goe with the sheriff of Angus or his deputtis or with anie of the magistratis of Aberbrothok or the magistratis of anie other burgh the supplicant pleases in whose jurisdictions the said Patrik Guthrie remanes, and ordanes the officiars to tak sick of thair companie with them as they salbe required, and to apprehend the said Patrik Guthrie be vertue of the supplicantis letters of caption raisit aganis him, and to incarcerat him in waird or poind his guidis at the supplicantis optioune whill the supplicant be compleitlie payit of the pryces of the victuall abonementioned, conforme to his decreitis obtenit thairanent; quheranent thir presentis salbe ane sufficient warrand.
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The estates of parliament, taking into there consideration the charges and expenses given out and debursed be the New College of St Androis in repairing the houses therof for the accommodatioune and use of the parliament and committies of parliament during the tymes of there sitting in parliament and committies of parliament heir at St Androis, they doe heirby ordane the said New Colledge of St Androis to be repaired of the samen charges and expenses given out and debursed be them for the use aforesaid, and for this effect the saidis estates seriouslie recommendis to the committie for the moneyis to tak in and ressave the compt of the foresaids charges and expenses given out and debursed be the New Colledge for the caus abonespecefeit, and eftir consideratioune of the samen ordaines the committie for the moneyis to sie and caus the said New Colledge be reallie payit of the foresaidis charges and expenses debursed be them as said is; quheranent thir presentis salbe a sufficient warrand.
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The estates of parliament, haveing takine to there consideration the present estate and condition of the erle of Lothian, his Irish regiment, occasioned by the publict service of the kingdome, they doe heirby seriouslie recommend the recruiting of the foresaid regiment ather by men or money to the committie of estates, to be tane in consideration be them for recruiting of the samen regiment ather be men or money as the committie shall think fitt.
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Anent the supplicatioune given in to the estates of parliament, quherof the tenor followis: To the honorable court of parliament, the humble supplicatioune of George Buchannan of that ilk, shaweth that for my constant fidelitie and affection to the caus in hand the enemies thairof have utterlie distroyed, plundered and waisted my haill landis, tennentis and servandis and have left ws no meanes of mantenance for lyveliehood, quhairby we ar brocht to ane verie low and lamentable condition. Heirfore my humble desire to your honors is to tak myne and my poore herried peoples distrest estate to serious consideration, and to tak some solide and effectuall course for our reparatioune, especiallie out of the estates and rentis of these whose landis ar maist contigue to myne and have bene chiefe instrumentis and actors in distroyeing me; and alse to grant warrand to the generall commissar to compt and pay me my bygane arreares for my regiment and officiars thairof, and to give mantenance for my garisone in Buchannan for byganes and intymecomeing; and in the meantyme to give warrand to the generall commissar or uthirs your honors thinks fitt that present mantenance be given ws for subsistance. Quhilk supplicatioune and desire thairof, with the opinion of the noblemen, barrones and burrowis thairanent, quhilk is that the suplicant and his desires foresaid sould be seriouslie and particularlie recommended to the committie for the moneyis, being hard and considered be the estates of parliament, they doe heirby seriouslie in a speciall maner recommend the supplicant, with his supplicatioune and desire thairof, to the committie of the moneyis, to be tane in consideration be them for the supplicantis satisfaction as they sall think fitt.
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Anent the suplicatioune given in to the estates of parliament be the rector and remanent memberis of the universitie of St Androis, desyreing the parliament to tak some course and meanes for bettering of the librarie of the universitie, and for that effect to dispose of the buikis belonging to umquhile Sir Robert Spotiswode (ather acquyred be himselfe or left to him in legacie be his umquhile father) for the use of the said universitie and the better advancing of religion and learning thairin, speciallie sieing it is notorlie knawne that bothe the said umquhile Sir Robert Spotiswode and his father did wrong the universitie in borroweing bookis out of thair librarie and not restoring thairof and uthirwayis retaining of manie buikis from the samen, as the supplicatioune beiris. As also anent ane uthir suplicatioune given in to the parliament be Sir David Crichtoune of Lugtoun, Sir Alexander Moresone of Prestoungrange and Sir Johne Spottiswode of Dairsie, for themselfis and in name of the remanent creditors of the said umquhile Sir Robert Spotiswode, craveing that no right nor warrand be granted of his buikis in prejudice of his laufull creditors, seing it is more then notor that whatsoevir belonged to him will come farre short of the supplicantis just debtis and engadgements, and if there wer anie thing frie, commiseratioune wald be had of the desolate estate of the defunctis foure children, haveing nothing to mantene them, as this suplicatioune also mair fullie beiris. Quhilkis tua suplicatiounes being red in audience of the parliament and the samen, with the desires thairof, hard and considered be the estates of parliament, they out of there respect to the universitie of St Androis and for ane mark of thair favor to that universitie gives and dispones to them the foresaidis buikis sumtyme belonging to the said umquhile Sir Robert Spotiswode, ather acquyred be himselfe or left to him in legacie be his umquhile father and now perteining to the estates of this kingdome by his forfaltor, but prejudice to the Erle Marshell or ony uthirs lenneris of anie of the saids buikis to the said umquhile Sir Robert to have repitition of suche thairof as perteine to them; and ordanes the said umquhile Sir Robert Spotiswode, his haill bookis, to be gathered togither and the pryce thairof to be payit be the publict, and the bookis to be delyvered to the universitie of St Androis for bettering of thair librarie, but prejudice ut supra. Bot in the meantyme ordanes the saidis buikis to remane where they ar presentlie untill the publict give satisfaction thairfore as said is. As also the estates of parliament, in farder testimonie of thair respect to the universitie of St Androis, ordanes the new printed byble set out at Pareis to be also bocht upon the charges of the publict and delyvered to the universitie of St Androis to be put in thair librarie for the use of the universitie. Anent the whilkis premisses abonementioned, the estates declares thir presentis salbe a sufficient warrand.
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The estates of parliament remittis and seriouslie recommendis to the committie for the moneyis the desire represented to the parliament for Lieutenant Generall Baillie, craveing payment of his arreares dew to him to be tane in consideration be the said committie for satisfaction and payment to him of his saidis arreares as they sall think fitt.
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The estates of parliament, haveing hard and considered the report of that committie appointed by them for hearing and considdering the suplicatioune of Robert Lokhart, merchand, with the desire, verificatiounes and instructions thairof, quherby he craves payment of the sowme of sixtene thousand merkis Scotis money dew to him be the publict in maner mentioned in the suplicatioune, the saidis estates findis be the said report that there is justlie restand awand and dew to the said Robert Lokhart, suplicant, be the publict the sowme of ten thousand, fyve hundreth fourtie foure pundis Scotis money at the date heirof of principall sowme and bygane anuelrentis, and thairfore they ratifie and approve the formar actis of parliament and committie of estates, with the preceptis, order and warrandis made and granted in favors of the said Robert Lokhart for payment to him of the said sowme and anuelrentis thairof, and ordanes the samen actis, warrandis and preceptis to stand in full force, strenth and effect conforme to the tenoris therof in all pointis for payment and satisfaction to the said Robert Lokhart, supplicant, off the foresaid sowme of ten thousand, fyve hundereth fourtie foure pundis Scotis money and of the anuelrent thairof intymecomeing whill the payment; and farder, and but prejudice to the formar actis, warrandis and preceptis in ony point thairof, the saidis estates doe heirby give order, precept and warrand to the thesaurer or collector generall of the excise and his deputtis to mak payment to the said Robert Lokhart off the foresaid sowme of ten thousand, fyve hundereth fourtie foure pundis Scotis money and of the anuelrent thairof whill the payment of the samen out of the first and readiest of the foresaid excise dew to the publict; quheranent thir presentis salbe ane sufficient warrand.
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Anent the suplicatioune given in to the estates of parliament, quherof the tenor followis: For the most honorable the estates of parliament of the kingdome of Scotland, the humble petition of Archbald, marques of Argyle, schaweth that notwithstanding the manie petitions and remonstrances given in to your honors concerneing my heavie sufferingis by the constant residence and cruell murderings and burningis of the rebells upon my awne and my vassells, our men, tennentis, servandis and landis, yit no remeid is provyded, quhairby I am brocht to more difficulties nor anie in the kingdome. Nevirtheles, sieing God hath honored me in being ane instrument (tho in weaknes yit with faithfulnes) to bring his work of reformation in thir united kingdomes to suche a degree of perfection, I can not repyne at the Lordis dealling but must glorifie him in all his wayis and workis, being made sensible of his love by his chestisements. Yitt I hoip your honors will pardon me to challenge your care for releife and redress according to the mutuall claus of our covenant, bot least I may seame partiall for my selfe or by my example prejudiciall to the publict, my onlie earnest sute to your honors is that by active prosecuting the service against the rebells these poore landis quhilks belong to me may be fried, that so my hoip and confidence may become perfyte assurance to sie my desire upon this kirk and kingdomes enemies, and according to your honors accompt of my faithfull service I may have your testimonie with express command to suche as ye imploy for that effect to heare and fitt my comptis, and tak suche course for the mantenance of the poore rwined people in Argile, and give to me suche pairt of that quhilk salbe fund justlie resting as they sall think fitt and may stand with the subsistance of your forces in this kingdome, quhilk I sall evir preferre to my awne interest. And that your honors wold be pleased in the meantyme to declare and ordane that I and these in Argyle wha ar lyable in payment of anie dewis to the exchecker or of ony debtis or sowmes of money to these in rebellion salbe fred and liberat of the payment thairof unto sick tyme as we ressave satisfaction for the great and unsupportable loisses susteaned be ws for our fidelitie and affection to the publict and caus in hand. And lykewyse that the suplicant may be taken in consideration as otheris in thair loisses, and your honors answer humblie I desire. Quhilk suplicatioune was upon the tuentie aucht of Januar last presented to the committie for the billis, and thaireftir reported from that committie with there opinion thairanent to the parliament, and than remitted be the parliament to be considered be the severall bodies of the estates, and now being this day red in audience of the parliament, and the samen, with the opinions respective of the committie for the billis and of the severall bodies, hard and considered be the estates of parliament, they doe heirby earnestlie and seriouslie recommend to the committie of estates and to the generall officers of the forces within the kingdome that the rebellis be speedilie and activelie persewed that the kingdome may be fred of them; as also the estates seriouslie recommendis to the committie for the moneyis to heare and fitt the supplicantis accomptis and to tak some effectuall course for the mantenance of the poore people in Argile, and in the meantyme to give ane proportionable pairt to the marques of Argyle (of that quhilk salbe fund justlie resting to him) for his present subsistance, and to tak his remanent loisses in consideration with others of the lyke condition; and alse the saids estates of parliament declares the marques of Argile and these in Argyle wha ar lyable in payment of anie debtis and dewis to these in the rebellion to be fred and liberat, lykeas they heirby liberat and freithe them of the payment thairof during the tyme of the troubles and whill they ressave satisfaction for the great and unsupportable loisses susteaned be them and that there landis be plenished; and as for the dewis payable be the marques and others foresaid to the exchecker, the estates doe heirby lykewyse seriouslie recommend the desire of the supplicantis thairanent to the commissionar for the thesaurarie and to the exchecker, to tak sick course therwith as they sall think just and reasonable for the supplicantis satisfaction.
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Forsamekle as the estates of parliament hes ordaned James, erle of Home and Robert, erle of Roxburgh to be enlarged and have libertie from there formar severall confynementis and restraintis, they becomeing acted for themselfis and ilk ane of them as cautioners for uthirs, that they sall compeire before the committie of parliament or before the parliament at sick tymes and places as they or ather of them salbe called, and that they salbe answerable for what can or may be layed to their charge, and alse for thair good cariage and behaviour intymcomeing and that they nor nane of them salbe accessorie to the doeing of anie thing to the prejudice of the estates of this kingdome and peace thairof, bot that they and ilk ane of them salbe assisting against the enemies of the same, ilk ane of them under the pane of ane hundereth thousand pundis Scotis; according to the quhilk ordinance the saidis James, erle of Home and Robert, erle of Roxburgh compeired personallie and became acted and obleist, ilk ane of them for themselfis, as also ilk ane of them as cautioners for uthirs in maner and to the effect before ordaned, under the pane of the said sowme of ane hundereth thousand pundis Scotis; as also to releive uthirs hinc inde of thair becomeing obleist as cautioners for uthirs to the effect foresaid, inrespect quhairof the saidis estates of parliament doe heirby enlarge the saidis James, erle of Home and Robert, erle of Roxburgh from there formar severall confynementis and restraintis put upon them, and declares them frie thairof, and grantis libertie and friedome to them and ilk ane of them to pass and repass for doeing of thair laufull affaires notwithstanding of anie restraint or formar confynement put upon them and of there becomeing acted for keiping thairof and of anie band of cautionrie given for them or anie of them for thair appearance before the parliament or committie of parliament.
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Forsamekle as the estates of parliament has ordaned William, master of Gray, Sir Johne Carnegie of Craig, Sir Alexander Erskene of Dwn and Sir James Ogilvie of Newgrange to be enlarged and have libertie from thair formar severall imprisonements, confynementis and restraintis respective, they becomeing acted, ilk ane of them for themselfis, and the said Williame, master of Gray and Sir Johne Carnegie hinc inde as cautioners for uthirs, as also the said Sir Alexander Erskene of Dwn and Sir James Ogilvie, ilk ane of them cautioners for the uthir, that they and everie ane of them sall compeir before the committie of parliament or before the parliament at sick tymes and places as they or ony of them salbe called, and that they and ilk ane of them salbe answerable and lyable for what can or salbe layed to thair charge, and alse for thair good cariage and behaveor intymcomeing and that they nor nane of them sall doe nor be accessorie to the doeing of anie thing to the prejudice of the estates of this kingdome and peace thairof, bot that they and ilk ane of them salbe assisting thairto to the uttermost of thair powers against the enemies of the same, ilk ane of them under the pane of ten thousand pundis Scotis; according to the quhilk ordinance the saidis William, master of Gray, Sir Johne Carnegie, Sir Alexander Erskene and Sir James Ogilvie compeired all personallie and become acted and obleist, ilk ane of them for themselfis and as cautioners for uthirs as is before rehearsit, in maner and to the effect before ordaned, ilk ane of the saidis foure persones under the foresaid pane and sowme of ten thousand pundis Scotis; as also to releive uthirs hinc inde of thair becomeing obleist as cautioners respective for uthirs as said is, inrespect quhairof the saidis estates of parliament doe heirby enlarge the saidis William, master of Gray, Sir Johne Carnegie of Craig, Sir Alexander Erskene of Dwn and Sir James Ogilvie of Newgrange and ilk ane of them from their formar severall imprisonementis, confynementis and restraintis respective put upon them, and declares them frie thairof, and grantis libertie and friedome to them and everie ane of them to pas and repas for doeing of thair laufall affaires notwithstanding of anie imprisonement, restraint or confynement formarlie put upon them and of thair becoming acted for keiping of the same confynement and of anie actis or bandis of cautionrie given for them or anie of them for there appearance before the parliament or committie of parliament, quhilks the estats, inrespect of this present act, heirby rescindis and discharges simply.
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The estates of parliament, taking to there consideration the diligence and panes of Mr James Prymrois in his carefull attendance upon the formar committie for the moneyis and faithfull service as clerk to that committie during the space of sex monethis of the sitting of the samen committie for the moneyis, they modifie and allow to the said Mr James the sowme of thrie hundreth merks monethlie for ilk ane of the saidis sex monethis for his panes in attending and serving as clerk to the said committie during that space; quhilk sowme and allowance of thrie hundereth merks monethlie the estates of parliament doe heirby appoint the generall commissar and his deputtis to pay to the said Mr James for the said six monethis abonewrittin out of the first and readiest of anie moneyis perteining to the publict.
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The estates of parliament, taking to there consideration the service of Johne Douglas, maisser, in attending the formar committie for the moneyis as maisser for the space of six monethis, they modifie and allow to him for his service and attendance as maisser to the said committie during the foresaid six monethis the sowme of tua hundereth merkis; quhilk tua hundereth merks the estates of parliament be thir presentis ordanes the generall commissarie and his deputtis to pay to the said Johne Douglas out of the first and readiest moneyis perteining to the publict, quheranent thir presentis salbe a sufficient warrand.
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Forsamekle as the estates of parliament, taking to there consideration that there is restand awand to Johne, erle of Weymis the sowme of fyve hundereth fourtie pundis money for the pryce of fourscore ten bollis ait meale at six punds the boll furneist and delyvered be him to Patrik Ross, commissar at Perth, for the use of the forces their, conforme to the said Patrik, his ticket of recept of the said victuall, they doe thairfore heirby ordane Sir Adam Hepburne of Humbie, thesaurer of the armies, and his deputtis to mak payment to Johne, erle of Weymis of the foresaid sowme of fyve hundereth and fourtie punds money out of the first and readiest of the bygane restis of the monethlie mantenance, quheranent thir presentis salbe ane sufficient warrand.
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The estates of parliament, haveing hard and considered the report of the committie appointed for considdering of the toune of Dumbartan's suplicatioune, and thinking upon meanes for satisfieing the desire thairof anent the provyding of victuall, moneyis and uthir necessars for mantenance of the regiment there, they ordane Mr James Campbell, provest of Dumbartan, with all expedition and convenient diligence to buy and provyde ane thousand bolls of sufficient ait meale and to lay in the samen in Dumbartan for mantenance of the garisone there, quhilk the said Mr James Campbell, present in parliament, undertook to doe at sick pryces as the committie for the moneyis and he sould aggrie. Inrespect wherof, the estates ordanes the committie for the moneyis to caus mak payment to the said Mr James Campbell of the foresaidis pryces to be agried upon betuixt him and them out of the readiest of sick moneyis perteining to the publict as may be maist effectuall for his payment and as the committie sall think fitt, viz: out of the first and readiest of the fynes of anie within the shireffdome of Dumbartan or out of the monethlie mantenance as may be maist effectuall for his payment. And the estats grantis allowance of tuentie four shillingis Scotis per diem to ane man to attend and keip the magazine of the said meale and for receaveing in and giving out and distributing thairof. As also the estates ordanes ane establishment to be made and set doune for the officers pay of the garisone of Dumbartan.
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The estates of parliament, haveing hard and considdered the report of the committie appointed for the provyding of meale to the garisones and forces in Glasgow and condiscending upon the wayis thairof, they ordane George Porterfield, provest of Glasgow, to buy, provyde and lay in in the toun of Glasgow tua thousand bolls gude and sufficient ait meale for the use and mantenance of the garisone and forces there at sick rate and pryces as the committie for the moneyis and he sall condiscend and agrie upon, and ordanes the samene meale to be bocht and layed in with all expedition and convenient diligence, quhilk the said George Porterfield, present, undertook to doe. Inrespect wherof, the estates of parliament ordanes the said committie for the moneyis to caus the said George Porterfield be thankfullie payed of the pryces of the samen tua thousand bolls meale to be agried upon betuixt them and him out of the first and readiest of the fynes of anie within the shireffdome of Lanerk or out of the monethlie mantenance as salbe maist effectuall for his payment. And the estates grantis allowance of tuentie four shillingis Scotis per diem to ane man to attend and keip the magazine of the foresaid meale, ressave in, give out and distribut the samen. As also the estates ordanes ane establishment to be made and set doune for the officers pay of the garisone of Glasgow.
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The estates of parliament, having hard and considered the report of the committie appointed for condiscending upon the wayis for furneissing of meale and layeing of the samen in magazines for the use of the garisones, they ordane Mr Robert Farquhar, late provest of Abirdene, to buy, provyde and lay in in magazine within the toun of Abirdene the quantatie of thrie thousand bollis gude and sufficient oate meale for the use and mantenance of the garisone and forces thair at sick rate and pryce as the committie for the moneyis and he sall condiscend and agrie upon, and ordanes the samen meale to be bocht and layed in with all expedition and convenient diligence, quhilk the said Mr Robert Farquhar, present, undertook to doe. Inrespect quhairof, the estates of parliament ordanis the committie for the moneyis to caus the said Mr Robert Farquhar be thankfullie payit of the pryces of the samen thrie thousand bolls meale out of the first end and readiest of the fynes of anie within the shireffdome of Abirdene or out the monethlie mantenance as salbe maist effectuall for his payment. And farder the estates doe heirby give order and warrand that no horse be quartered within the toun of Abirdene or friedome thairof, and ordanes some of the foote wha ar quartered there to be removed to Old Abirdene.
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Forsamekle as the estates of parliament, taking to there consideration that there is restand awand to the laird of Moncrieff fyiftie nyne bolls [and] tua firlotis meale and to [...] Moncreiff, his brothir, threttine bollis [and] tua firlotis meale at six pundis the boll furnished and delyvered be them to Patrik Ros, commissar at Pearth, for the use of the forces there, they doe thairfore heirby ordane Sir Adam Hepburne of Humbie, thesaurer of the armies, and his deputtis to mak payment to the said laird of Moncreiff of sex pundis for ilk boll of the saidis fyiftie nyne bolls [and] tua firlotis meale furneist be him; as also to mak payment to his said brothir of the like price of sex pundis for ilk boll of the saidis threttine bolls [and] tua firlotis meale furneist be him to the use foresaid out of the first and readiest of the bygane restis of the monethlie mantenance, quheranent thir presentis salbe ane warrand.
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The estates of parliament, having hard and considered the report of the committie appointed for provyding of meale for the garisones and forces, they ordane Patrik Ros to buy, provyde and lay in in the toun of Pearth thrie thousand bollis goode and sufficient oate meale for the use and mantenance of the garisone and forces there at sick rates and pryces as the committie for the moneyis and he sall condiscend and agrie upon, and ordanes the samen meale to be bocht and layed in with all convenient diligence, and ordanes the committie for the moneyis to caus the said Patrik Ros be thankfullie payed of the pryces of the samen thrie thousand bollis meale to be agried upon betuixt them and him out of the first end and readiest of the fynes of anie within the shireffdome of Pearth, or out of the monethlie mantenance as salbe maist effectual for his payment. And the estates grantis allowance of tuentie four shillingis Scotis per diem to ane man to attend and keip the magazine of the foresaid meale, ressave in, give out and distribut the samen.
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The estates of parliament, haveing hard and considered the report of that committie appointed for hearing and considering of the suplicatioune given in be Alexander, lord Balcarras, desyring payment of the sowmes adebtit to him be the publict and for finding out and condiscending upon some wayis and meanes for his payment and satisfaction of the samen sowmes; as also taking to there consideration that they be there act at Stirling, the [...] day of [...] last, did therby assure the Lord Balcarras of a reall remuneratioune for his faithfull service done to his cuntrie, they doe hierby ordane the landis of Gorthie and remanent uthir landis of his estate, with the pertinentis, lyand within the shireffdome of Pearth (sumtyme perteining to [...] Grahame of Gorthie and now perteining to the estates of this kingdome by his forfaltor) to be sauld and disponed omni habili modo. Lykeas the saidis estates be thir presentis sellis and dispones the samen to and in favors of the said Alexander, lord Balcarras and his airs in payment and satisfaction to him of the sowme of tuentie thousand pundis Scotis fund dew to him in the foresaid report be the publict of principall sowme and anuelrentis thairof, be ane act of the committie of estates granted in his favors for payment of the sowmes thairincontenit and in satisfaction of the foresaid remuneratioune promeist be the estates to him be thair act at Stirling, and ordanes the said Alexander, lord Balcarras to have chartars and infeftmentis granted and past to him under the great seall of the saidis landis of Gorthie and uthirs abonewrittin heirby disponit quhilks ar haldin of the kingis majestie and of the prince and presentatiounes to be granted in his favors to the said [...] Graham of Gorthie, his uthir superiours of sick pairtis and portiounes of his landis as ar haldin of anie uthir superiours by the king and prince, to the effect the said Alexander, lord Balcarras may be thairupon validelie infeft and saised in the foresaidis landis of Gorthie and uthirs abonespecefeit, with the pertinents, haldin of the kingis majestie and prince and of the said [...] Grahame of Gorthie, his uthir superiors respective siclyik in the same maner and alse frielie in all respectis and with the same tenendas and reddendo as the said [...] Grahame of Gorthie held the samen himselfe and as is contenit in his and his authors richtis and infeftmentis of the samen landis; and declares thir presentis, with the disposition to be granted to the said Alexander, lord Balcarras heirupon and infeftmentis to follow upon the samen, to be gude and valide richtis and securities to the said Alexander, lord Balcarras and to his airs and successors for bruiking and posessing of the foresaidis landis with the pertinentis and intrometting with and uplifting the maillis, proffeitis and dewteis thairof. Lykeas the parliament doe heirby obleidge the estates of the kingdome, in warrandice thairof, conforme to the act of parliament made anent dispositions and warrandice of forfaulted landis, and to the effect the said Alexander, lord Balcarras may be validelie and formallie secured in the right of the foresaidis landis, the saidis estates remittis and recommendis and gives heirby power to the committie of moneyis to caus forme, grant, subscryve and delyver to the said Alexander, lord Balcarras ane formall and valide disposition of the landis and uthirs abonementioned in ample forme, with all clauses necessar, declaring the samen to be a valide securitie of the foresaidis landis to the said Alexander, lord Balcarras in all tymcomeing, but prejudice to the Lady Gorthie of hir lyverent right of the landis quhairintill she is infeft; and alse but prejudice to the creditiors of hir husband of the sowmes awand to them be him and uthir obleisementis in thair favors and of thair richtis and entreses whilks ar reserved unprejudged heirby, conforme to the act of parliament made in favors of the creditors and cautioners of forfaulted persones, whais sowmes, bandis and richtis, with the Lady Gorthie, hir lyverent richt, ar declared be thir presentis to be unprejudged heirby or be the disposition to follow heirupon.
[1645/11/276]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the suplicatioune presented to them be Alexander, lord Balcarras, in name and behalfe of the officiars and souldiors of that regiment, desyreing order to be given for provyding them with clothes at thrie yairdes for eache souldior, as uthir regimentis had when they wer sent to England. 2. That some readie way be condiscendit how they may have that monethis pay whiche in stead of all that was promised them is now ordaned to be given them. 3. That for recrooting of that regiment ather fyiftene out of the shyres may be appointed for eache of the nyne troupis or that thrie thousand merks may be given for recrooting eache troupe, quhilk the supplicant oblieges himselfe salbe imployed to the right use. 4. That order be given for tua hundreth paire of pistollis to the regiment. 5. That these eightie troupers of that regiment who wantis horses and yit ar willing to serve may be mounted 6. That the parliament wald be pleased to writ to Lieutennent Generall David Leslie that the foresaid regiment be not put to dewtie bot quartered in some convenient place in England till they be provydit as is before desired, as the suplicatioune beiris. The saidis estates of parliament remittis and seriouslie recommendis the foresaid suplicatioune and particular desires thairof abonementioned to the committie of estates, to be seriouslie takine in consideration be them with the recruting of Generall Major Midletoun, his regiment.
[1645/11/277]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the report of that committie appointed for the Lord Balcarras bussines concerneing the sufferingis and deservingis of Alexander Strauchan of Thorntoune, lieutenant collonell to the Lord Balcarras regiment, and of Capitan William Cokburne, rootmaster thair, they remitt and recommend the saidis lieutenant colonell and rootmaster, with thair sufferingis and deservingis, to the committie of estates, to be tane in consideratioune be that committie for there satisfaction as the committie sall think fitt.
[1645/11/278]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to there consideration the suplicatioune of Alexander Strauchan of Thornetoune, desyreing that ordor might be given to caus delyver provision of armes, ammunition and victuall for threttie men for keiping of his hous of [...] against the rebells for the good of the service and benefite of the cuntrie narrest adjacent therto, quhilk the suplicant oblieges himselfe salbe keiped for the use and service of the countrey; and alse desyring that he may have some consideration for his bygane care and expenses in fortifieing and keiping out of the said hous against the rebellis to the benefite of the cuntrie thairabout, as the suplicatioune beiris; the saidis estates doe heirby seriouslie remitt and recommend the supplicant, with his suplicatioune and desire thairof foresaid, to the committie of estates, that they may tak sick course concerneing the foresaid desires for the supplicantis satisfaction thairanent as they sall think fitt.
[1645/11/279]*[print] [email] [cite] [preceding] [following]
1. Yow shall presentlie repaire unto our armie in Ireland and contribute your utmost endeavors for bringing over to our assistance suche pairt of our armie in Ireland and on suche conditions as we have agried on, and that with all possible diligence.
2. Yow shall meet and concurre with the commissionar cumd from England for setling all bussines concerneing that armie.
3. Yow shall doe your best to satisfie George Monro with the groundis of our resolutions concerneing him.
4. Yow shall deale with and advyise them to land at suche places as yow shall think most fitting for the service, and be carefull that all necessars be provyded for them in these places.
5. Yow shall provyde shippes, boates and barkis for transporting of the armie with all possible speed, to whome yow shall give reasonable satisfaction. And if anie suche shippis, boates or barkis refuise, yow have heirby power to press them.
6. Yow shall deale and agrie with Sir Frances Hamiltoune to come over to Scotland with his regiment upon the same conditions as the uthir regimentis from our armie doeth.
[1645/11/280]*[print] [email] [cite] [preceding] [following]
Right honorable, we have considered your demaundis and instructions sent over with Capitan Drummond, to whiche we have given suche answers as we hoip wilbe satisfactorie, and have sent the lord marques of Argyle, James McDowell of Garthland and Johne Kennedie, provest of Air, to yow with suche propositions as we conceave fitting for our service, to whome we desire yow to give full trust in anie thing that salbe proponed by them to yow concerneing that armie and the service whiche so muche concerneth the well of this kingdome, wherin we expect your readie concurrence; and so we rest.
[1645/11/281]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the paper underwrittin, quherof the tenor followis: It is desired that the act in favors of the erle of Sutherland may be conceaved in this fashion according as it was agried in parliament: that the estates of parliament, haveing hard and considered the desire of the erle of Sutherlandis suplicatioune craveing that the moneyis, clothes and shoes appointed in generall for his regiment of aucht hundereth men might be particularlie condiscendit upon as is desired, viz: aucht hundereth sootes of clothes and aucht hundereth paire of shoes and ane thousand and six hundereth dollors money for the souldiors, with ane monethlie pay to the officers; and that the generall commissar salbe ordaned to mak payment and satisfaction to the erle of Sutherland of the foresaidis clothes and shoes and moneyis to souldiors and officers; as also to ordane Robert Gray of Ballone to muster the said regiment that, according to the number of men that he sall find the said regiment to consist of, they may be thaireftir furnished as is aforesaid. The saidis estates agries to the foresaid desire and doe heirby alter and reforme the foresaid act in the termes and tenor before rehearsed and recommendis to the committie of the money the payment of the foresaid ane thousand and six hundreth dollors for the souldiors of the said regiment, with the monethis pay to the officers therof and furnishing of the clothes and shoes abonementioned, to be tane in consideration be that committie for payment and satisfaction thairof to the erle of Sutherland to the use and effect abonespecefeit as they sall think fitt.
[1645/11/282]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered thir desires following represented to them be James, vicount of Frendraucht, viz: first craveing that it might be condiscended how that garisone of fourtie foot and threttie horse allowed to him be the committie of estates at Glasgow sould be interteaned, and whidder the same sould be assigned to the thesaurer of the armie and his deputtis or that he may have some uthir locall assignatioune for effect. 2. Desyring a present assignatioune for some fyne for payment to him of foure hundereth punds sterline, for the quhilk he gat ane precept fra the committie of estates at Glasgow for payment therof to him for his present mantenance, subsistance and keiping of his credite, togither with the opinion of the noblemen and of Generall Major Midletoune thairanent, the saidis estates of parliament doe heirby seriouslie recommend the formar tua articles and desires abonespecefeit to the committie of moneyis for the north, to tak some effectuall course for the supplicantis satisfaction anent these tua desires abonementioned as the committie sall think fitt and expedient.
[1645/11/283]*[print] [email] [cite] [preceding] [following]
Forsamekle as the estates of parliament taking to there consideration the desire of Robert Murray, merchand in Pareis, for his payment of the sowme of sixtene thousand and fyve hundereth pundis Scotis payed out be him for releife of Sir Robert Murray, lieutenant colonell to the Scotis regiment of the guard in France, out of prison in France and conteaned in the said Sir Robert, his band of the 28 of Appryle 1645 for payment of the said sowme the first of Julii the same yeir, with anuelrent thaireftir during the not payment, and heirwith also considering that Johne, erle of Crawfoord Lindsey, president of the parliament, did with the advyse of the erles of Cassillis, Lauderdale, Lanerk and of the lordis Balmerino and Burghlie engadge himselfe for payment of the foresaid sowme to the said Robert Murray, and that the said erle of Crawfoord Lindsey doeth lykewyse adhere to the foresaid desire for his releife of his said engadgement, the saidis estates doe thairfore heirby recommend in a serious way and speciall maner to the committie for the moneyis the desires abonewrittin, to be tane in consideration be the said committie for the said Robert Murray, his present payment and satisfaction of the foresaidis sowmes dew to him and for the said erle of Crawfoord Lindsey, his exoneration and releife of his engadgement abonewrittin as the said committie for the moneyis sall think fitt.
[1645/11/284]*[print] [email] [cite] [preceding] [following]
The quhilk day Sir Adam Hepburne of Humbie, generall collector and thesaurer of the armies, did in all humilitie present to the estates of parliament conveened in parliament the remonstrance following, viz: The humble remonstrance of Sir Adam Hepburne of Humbie to the honorable estates of parliament. Since your honouris ar pleased to command me to continwe in my charge as thesaurer of your armies and generall commissar of the kingdome, I conceave it incumbent to me to informe your honors of the condition of this kingdome in so far as concernes that charge and of my desires for enabling me to undergoe the same. 1. Besydes my severall remonstrances to the committie of dispatches and parliament, the comittie appointed for that purpose, whereof the erle of Cassillis was president, did shaw that the monethlie mantenance could not doe anie more then provyde meale for the garisones and satisfie quarteringis, and that therby there was a necessitie of provyding ten thousand pundis monethlie for moneyis to officers and sojours, buyeing of ammunition and defrayeing incident charges. 2. That the garisones being at present all exhausted without a considerable stock of money I can not provyde for them. 3. That by a report made by the Lord Burghlie it was shawne to the honorable estates how impossible it was for me to serve in that place without sufficient deputtis. 4. That some of the collector deputs ar to be changed and all to give new suretie for thair intromission and diligence and that letters for bringing in of the mantenance ar to be printed, all whiche requyre a tyme. Therfore it is my humble desire for enabling me to undergoe the charge that 1. Some present course be setled and established how the sowme of ten thousand punds sterline in money may be monethlie provyded. 2. That a stock of money be raised for provyding the garisones. 3. That either the parliament wald be pleased to nominat my deputtis or move suche to accept as I sall nominat, and 4. If any prejudice shall aryse throw the delay occasioned by the change of collectors and accepting suretie from them and by the printing of the letters be not impute to me, since it lyeth not in my power to prevent the same. These thingis being setled, I shall most willinglie bestow my panes and endeavouris in the service of the cuntrie, in expectatioune that if throw the not punctuall performance of the premisses anie obstruction fall in the publict service the same be not impute to me nor my deputtis. Quhilk remonstrance being red in audience of the parliament, the estates remittis the first tua articles to ane committie; for the third, the parliament or committie of estates sall concurre for causing the deputtis accept; anent the fourth, ordanes the Lord Humbie to doe his diligence and the estates will not impute anie prejudice to him. Lykeas they remitt the consideration of the haill remonstrance to the committie of estates. Thereftir the Lord Humbie craved that this paper abonewrittin should be recorded in the buikis of parliament for his exoneratioune, quhilk the estates of parliament ordanes accordinglie to be recorded.
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Anent the supplicatioune given in to the estates of parliament, quherof the tenor followis: Wnto your lordships, the honorable estates of parliament, humblie meanes and shawis I, your servitor Robert Murray, merchand, factor, and haveing power and warrand fra David Murray, tailyeor to his majestie, to uplift and ressave the debtis and sowmes of money adebtit to him in Scotland, that quhair Patrik Ruthven, sumtyme erle of Forth, be his band or ticket subscryved be him the thrid of December 1643 yeirs, hes granted him to be justlie adebtit and awand to the said David Murray the sowme of four hundreth punds of current Inglish money, quhilk sowme of four hundereth pundis the said Patrik Ruthven, sumtyme erle of Forth, obleist him, his airs, executors and administrators by the foresaid band or ticket to pay to the said David Murray, his airs, administrators or assigneyis, as the band or ticket proportis. And seing the said Patrik Ruthven, sumtyme erle of Forth, is now forfaulted in that session of this parliament haldin in Junii 1644, and his landis, moneyis and estate adjudged to pertene to the publict, and that be ane act of the same session of parliament it is statute and ordaned be the estates of parliament that laufull creditors sall not be prejudgit of the payment of thair just and trew debtis by the forfaltor of thair debtors, heirfore I humblie beseik your lordships, the honorable estates of parliament, that your lordships wald be pleased to grant precept and warrand to the generall commissar and his deputtis, or ony uthirs wha intromettis with the moneyis and meanes of the said Patrik Ruthven, sumtyme erle of Forth, or with the dewteis and rentis and leiving sumtyme perteining to him, to mak payment to me as factor and having warrand fra the said David Murray off the foresaid sowme of four hundreth punds sterline adebtit to him be the said Patrik, sumtyme erle of Forth, conforme to his band heirwith producit, and your lordships answer, as the suplicatioune beirs. Quhilk suplicatioune, with the opinion of the committie for the billis thairanent, being red in audience of the parliament and the samen considered be the estates of parliament (eftir it was sene be the severall bodies apairt), the estates of parliament doe heirby grant the benefite of the foresaid act of parliament made in the first session of this parliament in favors of the laufull creditors of forfaulted persones to and in favors of the said David Murray and of the said Robert Murray, his factor, and haveing power and warrand from him to uplift and ressave the foresaid sowme for payment to the said Robert as factor, and haveing power as said is off the said sowme of four hundereth pundis of current English money adebtit be the said Patrik Ruthven, sumtyme erle of Forth, and instructit be the foresaid band or ticket producit grantit be him for payment thereof to the said David Murray the thrid of December 1643, conforme to the tenor of the foresaid act of parliament and of the said band or ticket in all pointis, notwithstanding that the samen band was not producit to the parliament or committie of estates before the ingiveing of the foresaid suplicatioune, inrespect the said David Murray hes his actuall residence without the kingdome. And thairfore the estates grantis heirby precept and warrand to the generall commissar and his deputtis, or ony uthir intrometers with the moneyis and meanes of the said Patrik Ruthven, sumtyme erle of Forth, or with the dewteis and rentis of the landis and leiveing sumtyme perteining to him, to mak payment to the said Robert Murray as factor and haveing warrand fra the said David Murray off the foresaid sowme of four hundereth pundis sterline adebtit to him be the said Patrik, sumtyme erle of Forth, conforme to the foresaid band and act of parliament abonementioned made in favors of the creditors of forfaulted persones, and that upon the said Robert Murray, his discharge to be given and granted be him upon the ressait thairof as factor and haveing warrand as said is; quheranent thir presentis salbe ane sufficient warrand.
[1645/11/286]*[print] [email] [cite] [preceding] [following]
Anent the overtors underwrittin presented to the estates of parliament be James Merser of Adie, wherof the tenor followis: Overtors for disjoyneing the Perthshyre troupis from the other foure of Gallaway and making them in tuo regimentis. First, from the whole malignantis landis be southe Forth that hes not yit put out horse and Angus, Mearnes and Abirdene shyres to be layed on by the committie. 2. Proportionallie so many horse out of these shyres about where the foure troupis about Gallaway were raised, and for the Perth shyre troupis so manie from these shyres about where they were raised. 3. Out of the fynes of these who have resset and daylie does resset runawayis in the southe cuntrie for my Lord Kirkcudbryght and about Perth shyre for me. 4. Leavie money for raising everie one of ws thrie troupis; we will leavie the fourth upon our awne charges. Quhilkis overtors, being considered be the committie of dispatches, that committie thocht the disjoyneing of the regiment might be advantageous to the service, and being thaireftir sene be the severall bodies and this day the samen, with the opinion of the severall bodies thairanent, being hard and considered be the estates of parliament, they approve the first overtor concerneing the disjoyneing of the Pearth shyre troupis from the foure troupis of Gallaway and making them in tuo regimentis, and ordanes the samen tuo regimentis to be recruted furth of the haill malignantis landis be southe Forth that hes not yit put out horse and out of the malignantis landis of Angus, Mearnes and Abirdene shyres, and ordanes the samen to be layed on by the committie of estates and recommendis the doeing thairof to that committie, to be done and layed on be them as they think fitt.
[1645/11/287]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the supplicatioune given in to them be Sir Alexander Carnegie of Balnamone and his tennentis of the landis of [...] desyreing payment or allowance of the skaithe sustenit be him and his tennentis by the sojors of oure awne regimentis in taking, eiting and distroyeing of the said Sir Alexander and his tennentis, there cornis and guidis, extending to the availlis and quantaties contenit in the compt of the verificatioune thairof given in and producit with the said suplicatioune, they doe heirby remitt and seriouslie recommend the foresaid suplicatioune and desire thairof, with the compt and verificatioune thairincontenit given in and producit with the said suplicatioune, to the committie for the moneyis, to be tane in consideratioune be them for the suplicantis satisfaction as that committie sall think fitt.
[1645/11/288]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordanes the sowme of sex hundereth merkis Scotis to be presentlie payit to James Midletoune, corronett, for his panes and expenses in coming and returneing with letters to and fra the lord generall to the parliament and committies of this kingdome, and attending upon the answering thairof be the generall commissar and his deputtis, quheranent thir presentis salbe ane warrand.
[1645/11/289]*[print] [email] [cite] [preceding] [following]
Quheras it was ordaned be the parliament that my Lord Halkertoun, the lairdis of Balmayne and Deanemylne, with the provest of St Androis, sould regulat the pryces for meat, drink and chamber maillis for furnishing of bedis, fyre and candle, these ar to testifie that the chamber maills is appointed to be for the masters bed sex shillingis, the mans bed foure shillingis, and fyre and candle sex shillingis everie night fra the doune sitting of the parliament to the rysing thairof, agried upon be them, and that notwithstanding of anie condition be the gentlemen themselfis or thair servands, and that this was done be all the forenamit persones. I, Sir Gilbert Ramsay of Balmayne, doe testifie be thir presentis subscryved be my hand at St Androis, Februarii 4 1646. Sic subscribitur, G. Ramsay. Quhilk order, being red in audience of the parliament, they interpone the authoritie of parliament therto and ordanes the magistratis of St Androis to sie the samen orders put to execution.
[1645/11/290]*[print] [email] [cite] [preceding] [following]
The estates of parliament taking in consideration the cariage and well deservingis of Sir Johne Broun of Fordell in the publict service for the safetie of the kingdome against the rebellis and enemies thairof, and speciallie that in the repelling and routting of these forces that invaded the kingdome at Dumfries under the conduct of the Lord Digbie and [...], together with the desire represented to the parliament in the behalfe of the said Sir Johne Broun thairanent, they doe heirby seriouslie and in a speciall maner recommend the said Sir Johne Broun, with his cariage, well deservingis and desires theranent, to the committie for the moneyis, processes and fynes, to be tane in present consideration be them for satisfaction of his deservingis and desires as the committie shall think fitt.
[1645/11/291]*[print] [email] [cite] [preceding] [following]
Anent the suplicatioune given in to the estates of parliament be Mr Johne Williamsone aganis Archbald Mwdie, his brothir in law, and Marioune Mastertoune, his mothir, desyring the renuntiatioune made and subscryved be the said Mr Johne Williamsone to and in favors of the said Archbald Mwdie of the sowme of sevin thousand merks money and uthirs thairincontenit might be declared null for the ressones and causes contenit in the said suplicatioune, or utherwayis the said Archbald Mwdie decernit to renew to the suplicant his formar band of mantenance, as the suplicatioune in the selfe mair fullie beiris. Quhilk suplicatioune and pairteis abonenamit (eftir that the pairteis compleaned upon wer cited) being publictlie called upon before the committie appointed for billis and suplicatiounes upon the fyiftene day of Januar lastbypast, compeired personallie the said Mr Johne Williamsone, for himselfe, and also compeired personallie the said Archbald Mwdie, for himselfe and in name and behalfe of the said Marioune Mastertoune, his mothir, and Jonet Mwdie, his sister, spous to the said Mr Johne Williamsone, quha being at lenth hinc inde hard in presens of the committie anent what ather of them could alledge aganis uthirs aganis and in fortificatioune of the said suplicatioune and desire thairof, and the committie being well and ryiplie advyissed thairwith and with the decreitis and writtis producit be the said Archbald Mwdie aganis the said Mr Johne Williamsone, the said committie for the billes and suplicatiounes, of consent of the said Mr Johne Williamsone, personallie present for himselfe, and of the said Archbald Mwdie, also personallie present for himselfe and in name and behalfe of his said mothir and sister, ordanis the said Mr Johne Williamsone to have the sowme of sex pundis Scotis monethlie for his intertinement; quhilk sowme the committie of consent foresaid decernis the said Archbald Mwdie to pay quarterlie to the said Mr Johne Williamsone within the toun of Dundie upon the first day of the moneth of ilk quarter, extending in money for ilk quarter to the sowme of auchtene pundis, beginand the first quarteris payment for the monethis of Februar, March and Appryle jM vjC and fourtie sex yeirs instant, quhilk the committie ordanes the said Archbald Mwdie presentlie to pay and delyver to the said Mr Johne Williamsone for the thrie monethis abonewrittin. As also of consent foresaid ordanes the said Archbald Mwdie to provyde the said Mr Johne Williamsone presentlie with all conveniencie ane soote of clothes for supplie of his present necessitie thairanent, with hose and shoes, and decernis the said Archbald Mwdie to pay to the said Mr Johne the foresaid monethlie mantenance of sex pundis monethlie for the monethis of Maii, June and Julii nixt to cum jM vjC and fourtie sex yeirs, extending to auchtene pundis Scotis to be payit the first day of Maii nixt within the toun of Dundie as said is and sua furth quarterlie thaireftir intymcomeing. And inrespect that this is condiscendit to be the said Archbald Mwdie at the desire of the said committie, notwithstanding of the formar decreitis baithe before counsall, session, commisars and assemblies, and of the particular and generall discharges granted upon the samen be the said Mr Johne Williamsone to the said Archbald Mwdie quhairby he is liberat in law of all that Mr Johne can ask or crave fra him for anie moneyis or meanes that perteins ather to Mr Johne, his wyfe or children or uthirwayis, thairfore the committie, of consent of the said Mr Johne Williamsone, discharges him of all farder troubling, persewing or onywayis vexing of the said Archbald Mwdie and his said mothir and sister directlie or indirectlie or uthirs belonging to them intymcomeing. Lykeas the committie of consent foresaid declares that if the said Mr Johne Williamsone sall failzie heirintill, than Archbald Mwdie and all uthirs quhom it effeiris shall not onlie be frie of the payment of the said monethlie mantenance, bot that also it salbe lesume to the said Archbald, upon the said Mr Johne Williamsone, his failzie in not resting content with the payment of the monethlie mantenance and uther premisses foresaids, to incarcerat the said Mr Johne within the tolbuith of anie burgh of this kingdome at the option of the said Archbald Mwdie, to be interteaned there at what rate the said Archbald Mwdie sall think fitt under and within the monethlie mantenance abonenamed. And the committie, of consent of the said Mr Johne Williamsone, grantis warrand to the said Archbald Mwdie incaice of the said Mr Johne, his failzie as said is, to tak and apprehend the said Mr Johne Williamsone and incarcerat him within the tolbuith of anie burgh of this kingdome at the option of the said Archbald Mwdie. Quhilk decreit and determinatioune abonespecefeit, being this day reported be the said committie in audience of the parliament and the samen being hard and considered be the estates of parliament, they ratifie and approve the foresaid decreit in all the headis and pointis thairof abonewrittin, and interpones the authoritie of parliament thairto, and ordanes letters to be direct heirupon hinc inde at the instance of ather of the pairteis aganis uthirs for fulfilling of the foresaid decreit in forme as effeirs.
[1645/11/292]*[print] [email] [cite] [preceding] [following]
Ane letter direct be James Stuart to the marques of Argyle from Gleneglas, the third of Februar instant concerneing these forces in these pairtis for the service of the cuntrie and there safetie, provision and mantenance and anent the enemies preparatioune and gathering to the prejudice of these forces, being red in audience of the parliament, the estates of parliament remittis and recommendis the samen to Generall Major Midletoune, to be tane in consideratioune be him, and ordanis the marques of Argile and Erle Marshell to represent the samen letter and desires thairof from the parliament to Generall Major Midletoun to tak course thairanent.
[1645/11/293]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the desire of the suplicatioune presented to them be Johne Mayne, bowar in St Androis, craveing payment of the sowme of sexscore foure pundis for the pryce and cariage of sex score lances made and furneist be the suplicant to the Lord Balcarras regiment, they remitt and doe heirby recommend the foresaid suplicatioune and desire thairof to the committie of the moneyis, to be tane in consideratioune be them for the suplicantis satisfaction as they think fitt.
[1645/11/294]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the desire of ane petition presented unto them for Robert, erle of Ancrum, craveing recommendatioune to the parliament of England for payment of the bygane arrears of ane pension of tuell hundereth punds sterline be yeir granted to him be his majestie or some considerable pairt thairof, and he put in a setled way of getting at the least of the halfe of his pension yeirlie, uthirwayis he and his famelie wilbe brocht to unexpressible necessities, as the petition mair at large beiris, they ordane tua letters to be drawen up from the estates of parliament to the effect abonementioned, ane to the parliament of England and ane uthir to the Scotis commissionars at London, to deale earnestlie with the parliament of England in favors of the suplicant for obteining his desire foresaid, and ordanes baithe the letters to be subscryved be the president of parliament.