64 dies parliamenti
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Prayeris said, rolls called.
The estates of parliament, haveing takine to there serious consideration the suplicatioune of Hew, lord vicount Montgumrie of Airdis in Ireland, with the testificatioune of the commanders and cheife officers of the Scottish and British armies within the provinces of Ulster and Connaght in Ireland, together with the recommendation of the commissionars of the generall assemblie of this kingdome in favors of the suplicant concerneing his and his umquhile father's affection and fordwardnes to the good caus and there service and cariage in the resisting of the enemies therof, to whome the suplicant is now prisoner, all desyring that the parliament wald discharge the suplicant and the erle of Eglintoune, his suretie of the payment for or restitution of sex hundereth musketis and four hundreth pickes and some other arms obtenit be his umquhile father from the estates of this kingdome for the supplie of the service in Ireland aforesaid, upon band than given be the erle of Eglintoune for payment of the pryces of the armes or restitution therof; as also wald afford to him suche ane competent sowme of money for ane helpe to his ransome in pairt of payment of that whiche hes bene ressaved out of his estate for the intertinement of the Scottish armie in Ireland, as the suplicatioune, testificatioune and recommendation respective foresaid more fullie proportis. The saidis estates of parliament doe heirby discharge simpliy the said Hew, lord vicount Montgumrie of Airdis and the erle of Eglintoune off the foresaidis arms furneist from the estates of this kingdome to the umquhile vicount of Airdis, his father, and of the payment of the pryces therof and of the band granted be the said erle of Eglintoune for restitution of the armes or payment of the pryces therof contenit in the band granted therupon, quhilk band the estates ordanis to be given up and delyverit to the erle of Eglintoune to be cancellit and distroyit be him, and ordanis the erle to discharge simplir the vicount of Airdis of quhatsumevir suretie the erle hes from the suplicant or his father for his releife of the foresaids arms, pryces therof and band abonementioned. And the estates declares the suplicant and the erle of Eglintoune to be fred and exonered of the foresaid band and obleisement therincontenit in all tymcomeing. And alse the saids estates ordanis ane letter of recommendation to be drawen up and sent to the parliament of England from the parliament of this kingdome, recommending to the parliament of England the consideration of the condition of the suplicant bothe in persone and estate, being prisoner with the enemie, and that they wald provyde for payment of his ransome out of the suplicant, his awne or his umquhile father's arrears or out of what salbe dew be the parliament of England to the Scottish armie in Ireland, quhilk salbe accordinglie allowed to the parliament of England.
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The estates of parliament, haveing seriouslie considered the remonstrance of the commissionaris of the generall assemblie presented to them, doe with all thankfull acknowledgment receave the pious and seasonable admonitions and exhortations therincontenit, and returne to there particular desires this following answer:
1. That they doe heirby ordane all actis alreadie passed for punishing of vice and advanceing of vertue to stand in force and be put to dew execution, recommending the same to all ministers of justice quhom it concernes; and that they ar yet readie to enact anie further new lawis and ordinances necessarie for that purpose, haveing appointed a committie for actis and overtors to meit with Mr James Robertoune, the justice deput, at all convenient occasions for receaveing and considering the desires and overtors of the saidis commissionars and to prepare a report of ther opinione therin to the parliament with all diligence.
2. That they have bene evir carefull to preserve that bond of union betweene the kingdomes and to prosecute the work of uniformitie according to the covenant, still resolveing zealouslie to studie the same that they have yit agane made ther humble addresses to his majestie for signeing the covenant and satisfieing the desires of his parliamentis of bothe kingdomes, all whiche there instructions to ther commissionars at London and Newcastle and there letters to the parliament of England doe sufficientlie express. And what further is to be done in relation to these particulars salbe communicat to the commission from tyme to tyme, that they may joyntlie concurre according to ther place and vocation for prosecuting therof.
3. Tuitcheing the particulars concerneing these persones brocht off the rebellion by the Generall Major Midletoune therunto, warranted that the publict faith so given unto them is not to be violated, bot, for the better securing the peace and quiet of the kingdomes, these persones brocht aff the rebellion ar heirby appointed to give suche further assurance for their good and regular behaveor intymcomeing and for keiping the peace as is conforme to the formar lawis and practises. And in the meantyme, that suche of them and uthers accessorie to the rebellion and under censure of church and state quhom the committie therunto appointed sall think fitt be commanded aff toune, and that ane act and proclamation be drawne by that committie and speidilie expedited and prepared for the parliament to that effect. Ordaneing further that the saidis persones brocht aff the rebellion and anie uthers guiltie of the crymes mentioned in the first class of the act at St Androis sall not be admitted to sit in anie publict judicatories nor enjoy and exerce anie offices or places of trust, civill or militarie, during the tyme of these troubles and longer during the pleasor of the parliament without prejudice to persones who have heritable offices to nominat and appoint by the advice of parliament, committie of estates or secrete counsell fitt persones aganis quhom thair is no just exception to be there deputtis in these offices. And it is also heirby declared that these persones broght off the rebellion ar not to be in a better condition than uther subjectis, bot that they ar and salbe lyable and subject in payment of all loanes, taxes, monethlie mantenance and of ther proportions for leavies of foote and horse at the rate and pryces set doune by actis of parliament, committie of estates or committies of warre in shyres quher they have interest respective, and of all uther publict burdens, impositions and dewteis quhatsomevir for all yeirs bygane and intymcomeing as fullie and in the same maner as anie uther persone is or hes bene subject therunto.
4. That all the formar lawis and ordinances aganis excommunicat persones ar heirby appointed to stand in full force and vigour, recommending to everie one whome it concernes to put the same to dew execution. And what salbe fund further necessarie from the parliament to mak that dreadfull ordinance of God sensible to suche obstinat offenders and to have dew regaird and reverence from all is to be considered by the said committie to quhom the overtors of the commission to that purpose ar referred, and, eftir returne of ther report, the parliament will tak the same to speciall consideration.
5. That they ar verie sensible of the distresses of the province of Argyle, and have alreadie provyded some meanis for ther present subsistence and releife, resolveing still to tak further course for ther helpe and succor and to prosecute the warre against the rebells, not onlie their bot in all the pairtis of the kingdome.
6. That the bussines of Ireland is carefullie recommended to the grand committie, quherin, eftir the result of ther consultatiounes salbe returned, they ar to tak some speidie and effectuall course accordinglie.
7. That they judge it most just and reasonable that the judicatories of the kirk be preserved in ther integritie and authoritie, that insolencies aganis them be examplarlie punished and that particular ordinances be drawen for that purpose, whiche is heirby recomended to the committie of overtors.
8. That they have recomended to the generall officers to punish the insolencies and disorders of souldiors committed before this tyme, and, for preventing the lyke heireftir, they ar to consider the report of the great committie and to tak course how the officers that ar to have command may give assurance for restraneing and redressing suche insolencies and disorderis for tyme to come.
And the estates of parliament heirby statute and ordane that the particular ordinances, declarations and answers abone expressed sall have the strenth and authoritie of actis, declarations, answers and ordinances of parliament, conforme to the tenors and natures therof respective.
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The estates of parliament ordanis the erle of Lothian and Lord Sinclare, ther regimentis, to returne to Ireland and be sent thither with all possible diligence, and for this effect they doe heirby ordane the Lord Sinclare to give ordors to the saidis tua regimentis to marche the narrest way to Portpatrik, and ordanis the saidis regimentis to pay for ther quarteris and for what they tak be the way in ther march, and that the Lord Sinclare be answerable for the ordourlie marching of the saids regiments and for ther cariage, and that the saidis tuo regimentis sall march from Peblis to Moffet, and from thence to Drumfreis, and from thence to Carlingwark, and from thence to the ferrie of Crie, and from thence to Monygaff, and from thence to Glenluce, and from Glenluce to Portpatrik, in the quhilk marche from Peblis the saidis two regimentis sall onlie bestow and spend ten dayis and no more. And the Lord Sinclare, personallie present, promised and undertook that the souldiors of the saidis tuo regiments should doe no wrong nor tak anie thing for ther use and intertinement in the way of ther march without reall and readie payment. For whiche effect and towardis the intertinement of the souldiors of the saids two regimentis, whiche consistis presentlie of the number of fyve hundereth souldiors, it is condiscended that there salbe payed to the said Lord Sinclare or ony of his officers haveand his power the sowme of four shillingis Scotis to ilk souldior, whiche extendis to ane hundereth pundis per diem and to ane thousand pundis for the said ten dayis marche, whiche is to be payed and divyded in maner followeing, viz: fyve hundereth merkis from the shirefdome of Drumfreis in the toune of Drumfreis, fyve hundreth merks out of the stewartrie of Kirkcudbryght in the toune of Kirkcudbright, and fyve hundereth merks out of the shirefdome of Gallaway at ther entrie into that shyre; whiche sowmes ar to be allowed in the first end of the mantenance of these shyres now presentlie imposed respective. And it is declared that the ane hundereth bolls meale quhilk is to be furneist be Sir William Cochrane salbe be also allowed in the mantenance imposed at this tyme upon the shirefdome of Gallaway, as likewise quhatsomevir uther meale salbe furneist be the said shyre to the saidis regimentis if they sall remane their eftir the saidis ten dayis. Lykeas the lairdis of Lag and Bargattoune and shireff of Gallaway, commissionars for the saidis shyres and stewartrie, promeised to give tymeous advertisement heirof to the shyres and stewartrie that they may mak readie and tymeous payment of the sowmes abonewrittin.
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The estates doe heirby ordane and command the lieutenant colonell, major, capitans and under officeris of the erle of Lothianes regiment to obey the ordors to be given to them in thair returne and march to Ireland be the Lord Sinclare as they will answer upon ther perrell. And the estates doe heirby ordane and warrand the Lord Sinclare to give ordors to the erle of Lothians regiment, officers and souldiors therof for ther returne and in there march to Ireland, and that he salbe answerable for ther ordourlie marching and cariage.
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The estates of parliament, haveing considered the report of the grand committie concerneing the foresaidis thrie regimentis, they ordane the saidis regimentis to returne to Ireland and be sent thither with all possible diligence. And ordanes ane thousand bolls of meale to be provyded for the subsistence of the saidis thrie regimentis, viz: sex hundereth bolls for the erle of Lothiane and Lord Sinclare, ther tuo regimentis, and foure hundereth bolls for the laird of Laweris regiment. And ordanis the monethis mantenance presentlie to be lifted out of the shyre of Air and the superplus of the mantenance of the shirefdomes of Drumfreis and Wigtoune and stuartrie of Kirkcudbryght quhilk is not formarlie assigned to be imployed for payment of the said ane thousand bolls meale and for the saidis thrie regimentis, there transport over to Ireland. And appointis the Lord Lea and Sir William Cochrane of Cowdoun to agrie with suche persones as can be had for furnishing of the said meale and to tak some course for accommodating them with boates necessar for ther transport. Lykeas Sir William Cochrane, personallie present, undertook to furneis ane hundereth bolls meale of the met of Lythgow and caus lay in the samen at Stranrawer for the use foresaid with all expedition, at the rates of the cuntrie, for the quhilk 100 bolls meale the estates ordanis the said Sir William Cochrane to be payed according to the rates and pryces of the cuntrie out of the foresaid mantenance of the shyres and stuartrie abonewrittin. And farder the estates ordanis ane letter to be writtin to our commissionars at London to deale with the parliament of England for allowance of intertinement to the Scotis armie in Ireland; and ordanis ane uther letter to be sent to Major Generall Monro to acquent him with the returne of the foresaids thrie regimentis to Ireland.
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The estates of parliament ordanis the lieutenant wha is appointed to command the new modelled trowpe that is takine out of the erle of Dalhoussie's regiment for Lieutenant Colonell Murray to reteine that money allowed for these of that trowpe till they be sworne to ther cullors and some course tane for furnishing of them with sufficient armes and horse, quheranent thir presentis salbe ane warrand.
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The estates of parliament, taking to there consideration the desire of the suplication of Geilles Boig, relict and executrice of umquhile Mr Robert Boyid of Kippis, advocat and lyverenter of the ludgeing underwrittin, desyring them to give command and ordor to remove the magasine and haill amunition and guidis of the publict furth of hir said ludgeing in Edinburgh foranent Nidries Wynd Heid quherin the publict magasine is keiped and to entir hir to the posession therof, that sho may caus repaire the samen before it be altogether rwined; and also to caus satisfie the suplicant of foure yeirs bygane maill at Mertimes 1646, extending to tuentie pundis sterling yeirlie; the saidis estates doe heirby seriouslie recommend the suplicant, with hir suplicatioune and desire therof, to the committie for the moneyis to compt with her anent the maill of the foresaid lodgeing and to mak payment to hir of what salbe fund dew and restand unpayit; and alse to call the generall of artilliarie and Johne Achesone anent the magasine within the foresaid lodgeing, and to tak tryell of the condition of the hous, and, if it be rwinous, to give it over to the suplicant the sho may entir therto and repaire the samen.
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The estates ordanis all the commanders of the disbanded forceis to be called and ordaned to mak ane accompt of the armes of these disbanded souldiors, horse or foote, wnder ther command.
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The lord duke of Hamiltoune moved that it may be takine to the consideration of the parliament or some committie what may be the rediest and most effectuall way of setleing ane just peace and removeing all the grundis of warre within this kingdome with the least effusion of blood or expense of treasure, whiche motion the parliament referris to the grand committie, to be takine in consideration immediatlie and nixt eftir the setleing of the mantenance.
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Anent the suplicatioune given in to the estates of parliament, now conveened in this sext session of the first trienniall parliament, be Alexander, erle of Levine aganis Archbald, lord Naper, beirand that umquhile Lord Naper, his father as principall, Sir George Stirling of Keir and Alexander Naper, his cautioners, be thair band of the fyiftene and fourt dayis of Julii and August 1645 obleist them conjunctlie and severallie to have payit to Johne Rentoune of Lambertoune ten thousand pundis of Scotis as principall, with tua hundereth pundis for the anuelrent therof at the terme of Mertimes jM vjC fourtie fyve yeirs and penultie contenit in the band, registrat 22 of Appryle 1646, quherunto the laird of Lambertoune assigned the erle of Levin, wha hes therupon caused charge the cautioners, denuncit them to the horne and raisit caption aganis them; and that Archbald, now lord Naper, sone and air to the said umquhile Lord Naper, or behaveand himselfe as air to him or successor to him titulo lucrativo post contractum debitum refuises to mak payment, pretending that he is liberat be ane pass or assurance granted to him be Major Generall Midletoune, quherby he is assured of his honor, lyfe and fortune to be unquestioned in ony of them for anie deid done be him in the late rebellion or in relation therto, alledging the foresaid band to fall within the compas therof as granted for the penultie incurred be him for his goeing to the enemie, quhilk nowayis militatis aganis the foresaid band becaus it is a band of borrowed money, haveing no relation to the said penultie; and the act of the committie (quhilk is the ground and warrand of all passes and assurances given be Major Generall Midletoune) can bot onlie reache to suche penulties and fynes of delinquentis as was then dew to the publict unassigned or unturned in privat debt, inregaird the committie could forgive nothing bot what was than dew to the publict, utherwayis all moneyis formarlie payit to the publict or uthers in ther name be delinquents who have sensyne procured passes from the generall major sould be also restored, quhilk wer dangerous and prejudiciall and wald put delinquentis in better caice nor the well affected. Bot so it is the foresaid band, aucht monethis before the committie's warrand to the generall major and a yeir before his pass to the Lord Naper, was a standing band betuixt privat persones, and execution usit at the suplicantis instance therupon before the said act and pass and can nawayis be interpret to have relation to the said penultie in sa far as Archbald Syidserfe, generall commissarie deput, gave discharge to the umquhile Lord Naper of the foresaid penultie as payit to him, and for the quhilk he compted to the publict long before the said warrand of committie, and quhilk was allowed to him inregaird the publict was therby liberat of ten thousand pundis dew to the suplicant of borrowed money restand to the publict in behalfe of the factors of Campheir. And, in consideration of the premise, desyring that the Lord Naper as sone and air to his umquhile father may be decernit to pay to the erle of Levin as assigney foresaid the said principall sowme, with the anuelrents therof of the yeirs and termes bygone unpayit and intymcomeing quhill the payment, as the said suplicatioune beiris. Quhilk suplicatioune and pairteis foresaids, being judiciallie called in presens of the parliament, compeired the said Johne Rentoune of Lambertoune and Alexander Leslie, wryter for and in name of the said erle of Levin, suplicant, and producit the foresaid band and assignation, and alse compeired the said Archbald, lord Naper personallie and gave in his defenses aganis the foresaid suplicatioune, beirand that if the foresaid band wer ane band of borrowed money, that in suche processes law appointis pairteis to be cited upon tuentie ane dayis and probatioune to be deducit for proving of the passive titles lybellit aganis him, wha is onlie sumond upon tuentie foure hours warning; and it can not be shawne quherevir the high court of parliament was troubled with sick persutes, bot this band, being treulie granted be the late Lord Naper for the said penultie of ten thousand pundis, quhilk this Lord Naper had incurred and for the quhilk his father was incarcerat in the castle of Edinburgh, the samen fallis clearlie under Generall Major Midletounes assurance; and thairfore, passing by all the ordinarie defenses, he intreatis that the honorable estates of parliament may so tak the band in consideration as granted for the foresaid penultie and fyne abonewrittin, for, albeit the band beare borrowed money, yit it is cleare be a band subscryved be Lambertoune of that same date that the same was onlie granted for and in relation to the said penultie, quhilk backband most necessarlie reule the principall band; 2. The assurance granted be Generall Major Midletoune to the Lord Naper of his honor, lyfe and fortune for anie deid done be him in the rebellion he was formarlie on or in relation therto, and quhilk assurance and remission is so allowed be the parliament, declaring these to whome they ar granted sall ressave no prejudice bot salbe punctuallie keiped inregaird of the publict faith of the kingdome therby ingadged, it necessarlie followis that the foresaid band fallis under the said assurance quhilk the generall major hes declared be his letter to the committie of estates of the threttie of October last, and thair is no question that the estates and fortunes of these wha receaved assurances and remissions assignit to other persones returnes to the persons assured, utherwayis thair sould no necessitie have bene to mak anie exception of the laird of Gorthies estate than disponit to the Lord Balcarras, quhilk is excepted in the warrand given to the generall major; lykeas the fynes of delinquentis that had no remissions and censured according to ther severall classes and being assignit yit have upon eftir considerations returned, and consequentlie the assignation made voyid; 3. That the band was given in relation to the penultie is provine be Lambertoun's bakband, and albeit the sowme was compted for and allowed to Archbald Syidserfe, that can not prejudge the Lord Naper nor the assurance gottine of his fortune, for the parliament may give ordor that the erle of Levin may be otherwise satisfied, and so the assurance and publict faith given to the Lord Naper may be keiped unviolat. And farder the late Lord Nepar did not ressave anie suche discharge fra the said Archbald Syidserfe of the foresaid sowme, albeit it be expreslie conditioned be Lambertounes bakband that incaise he did not obtene and delyver to the Lord Naper that discharge, the band of ten thousand punds sould be null, the discharge not being delyverit betuixt and the last of August jM vjC fourtie fyve yeirs. And tho the discharge had bene delyverit, yit it can nowayis hurt nor prejudge the assurance given to this Lord Nepar. And lastlie he intreatis the parliament to consider that his condition is so hard that for payment onlie of a pairt of his debtis he hes ingadged his landis of Merchingstoune, and his lands in the west cuntrie ar rwined and overburdeind with quarteringis that all his estate is not able to pay neir his anuelrents far less to interteine himselfe, and a considerable pairt of his burden being for the publict, thair being awand to him of borrowed money abone sixtene thousand merks by and attoure foure hundereth bolls meale takine out of his girnells in Lennox and Monteith be the generall commissar's command for the use of the publict. As also the said Lord Naper, for instructing of his defenses, producit the foresaid assurance granted to him be Generall Major Midletoune, with the generall major's letter therupoun and act of parliament in favors of these to quhom Generall Major Midletoune hes given passes, togither with the bakband granted be Lambertoune to his umquhile father; and verballie alledgit that the principall band granted be his umquhile father was not produced, and craved that he might sie the samen and cognosce his father's subscription. Quhilkis suplicatioune abonementioned, with the defenses given in theraganis and instructions respective abonewrittin producit for ather pairtie, with ane uther suplicatioune given in for the Lord Naper desyring ane act for freithing him and his father's cautioners off the foresaid band and payment of the ten thousand punds abonespecefeit, anuelrentis therof and penultie foresaid, being publictlie red in audience of the parliament and pairties abonenamed and they hinc inde hard viva voce theranent, the estates of parliament, eftir consideration therof, especiallie that defence foundit upon the assurance granted be Major Generall Midletoune, and eftir full debate in parliament anent the premise and hearing of the Lord Naper and Lambertoune, personallie present, findis and declares that the foresaid band of ten thousand punds abonementioned fallis not within the compas of the said assurance granted be Major Generall Midletoune to the said Lord Naper, bot that notwithstanding therof and of the foresaid bakband producit the said Archbald, lord Naper is lyable in payment to the erle of Levin of the sowmes principall and anuelrentis contenit in the foresaid band.