90 dies parliamenti
[1646/11/379]*[print] [email] [cite] [preceding] [following]
Prayeris said, rollis called.
The estates of parliament, haveing hard and considered the report of the committie of processes and moneyis concerning the desire of Mr Robert Farquhar, his suplication referred be them to that committie, and haveing hard the pairteis eftirspecefeit interest therintill anent the said Mr Robert Farquharis desire and report foresaid, the saidis estates findis that Mr Robert Farquhar hes right be the act of parliament at St Androis to the halfe of all borrowed moneyis be north Tay borrowed for the use of the publict and to the thrid of all fynes and forfaltors within the saidis boundis ay and quhill he be satisfied of the equall halfe of ane hundereth threttie thrie thousand, ane hundreth threttie two pundis Scotis and of the haill sowme of twentie sex thousand, sex hundereth and twentie pundis Scotis restand of bygane annuelrentis preceiding the act for the greater sowme abonementioned; allowing alwayis in the first end therof ane precept of twentie thousand merks Scotis drawen in favors of the said Mr Robert for payment therof upon Sir Adam Hepburn of Humbie, thesaurer of the armie, quhilk act and precept the estates heirby renewis to the said Mr Robert Farquhar, conforme to the tenor therof. And alse the estates findis that Sir William Dick hes right to the uther halfe of all borrowed moneyis be north Tay, conforme to the actis granted in his favors theranent, and that he and Sir James Fraser hes lykewise right, ilk ane of them to ane uther thrid of the haill fynes and forfaltors within the boundis abonewrittin by Mr Robert Farquharis thrid therof foresaid. And farder the estates of parliament, of consent of the saids Sir James Fraser and Mr Robert Farquhar, personallie present, grantis heirby preference to the erle of Findlater anent the foresaids fynes, forfaltors and borrowed moneyis within the boundis abonespecefeit, conforme to the act granted in his favors and for his payment of the sowmes contenit in the said act; and the estates declares that thir presentis is alwayis but prejudice to the marques of Argyle of his right to the foresaids fynes, forfaltors and borrowed moneyis, conforme to the actis made in his favors theranent as accordis of the law. And in the meantyme the estates ordanis the saids Sir William Dick, Sir James Fraser and Mr Robert Farquhar (as also the said erle of Findlater) and ilk ane of them to doe and use diligence upon ther saids rightis and conforme therto for payment of ther proportions abonementioned, and to report ther diligence theranent to the nixt session of parliament, with certificatioune if they failzie the estates will then tak sick ordor anent the same as they sall think fitting. And siclyik the estates ordanis the said Mr Robert Farquhar to accept of ane commission from the generall commissar for uplifting of the haill fynes, forfaltors and borrowed moneyis be north Tay to be applyed first for payment of the erle of Findlater, conforme to his act of the tuentie ane of Januar last, and thereftir the equall halfe of the haill borrowed moneyis, with the thrid of the fynes and forfaltors, to be appropriat to the said Mr Robert Farquhar for his awne use for his payment, and the uther halfe of the haill borrowed moneyis foresaids to be applyed for the use of the said Sir William Dick, and ordanis the uther tuo thrids of the foresaids fynes and forfaltors to be applyed for the use of the said Sir William Dick and Sir James Fraser, ilk ane of them a thrid therof, conforme to the actis and rightis granted to them theranent. And siclyik the estates of parliament doe heirby grant precept and assignement to the said Mr Robert Farquhar for payment to him of fyve thousand pund sterling out of the last ane hundereth thousand pund sterling payable be the parliament of England to this kingdome and that towardis the said Mr Robert, his payment and satisfaction to him of the other halfe of the foresaid ane hundereth threttie thrie thousand, ane hundereth threttie two pundis Scotis abonespecefeit dew to him be the publict. And declares the discharge to be granted be Mr Robert Farquhar or anie haveand his warrand with thir presentis upon the recept of the said fyve thousand pund sterling to be ane sufficient exoneration theranent to the payeris therof. And last the estates ordanis the said Mr Robert Farquhar to have ane commission from the generall commissar to be proveant master for the armie and to have the fies allowed be the parliament therfore as a man whome they find most fitt for the discharge of that trust.
[1646/11/380]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to there consideration the fidelitie, diligence, cariage and proceidingis of Sir Adam Hepburne of Humbie in the charge put upon him be the estates of this kingdome in anno 1643 to be thesaurer of the armies and generall commissar within and without the kingdome, they find that he hes behaved and caried himselfe in the foresaid charge with suche fidelitie, diligence and vigilancie as was answerable for the discharge of that trust put upon him or that could be expected, and that his fidelitie, diligence and whole cariage and proceidingis therintill these thrie yeirs and odde monethis deserves approbation as done be ane loyall subject and faithfull patriot. And therfore the estates of parliament doe heirby give to the said Sir Adame Hepburne of Humbie thair approbatioune of his whole cariage and proceidings in the foresaid charge and commission put upon him and entrusted to him as is aforesaid, with ther full exoneration to him theranent.
[1646/11/381]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the suplication of Sir Adam Hepburne of Humbie, schewing that the parliament be there act of the first of Januar last fand him to be superexpendit at the foote of his Scots accomptis in fyiftie aucht thousand, foure hundereth fourscore threttine pundis 13 sh. 10 d. Scotis, and that for payment therof, with the anuelrent of the same, the mantenance resting of the monethis of March, September and December 1645, with what was than oweing of the taxt and loane and fynes unassigned, was appointed to be collected be him; as also that be the said act the estates did promeis to determine some other course for the suplicantis payment before the rysing of this session of parliament, and than by the said act granted ane allowance to the suplicant for his service in the kingdome of Scotland; and therfore desyring the parliament (if there affaires of greater weight can not permitt them to determine upon some other course for the suplicantis payment of the remander of the saidis sowmes) that they wald recommend to the committie of estates or committie of moneyis to tak some effectuall course for the suplicantis satisfaction, as the suplication proportis. The saidis estates of parliament doe seriouslie recommend to the committie of estates to tak some effectuall course for the said Sir Adam Hepburne, his payment and satisfaction foresaid, in anie maner of way whiche salbe fund out, but prejudice of the mantenance and excise appointed for intertinement of the present armie.
[1646/11/382]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing tane in consideration the suplicatioune of James, erle of Buchane anent his service, sufferingis and loisses for the caus and cuntrie, desyring warrand to the kingis advocat or procurators of estate to lybell sumondis against [...] Stewart of Ryland and [...] Mortimer, younger, of Auchinbadie, tua of the vassells of the estate of Buchane and notorious rebells aganis the cuntrie, upon sick information as salbe given aganis them, and that the forfaltor and fyne quherof they salbe fund guiltie may be ordanit to be given to the suplicant, the saidis estates gives heirby warrand to the kingis majesties advocat and procurators of estate to lybell sumondis against the tua rebells abonenamed upon the information to be given be the suplicant for ther appeirance before the parliament or committie of estates to answer to the particularis to be lybellit aganis them, and if it salbe fund that they sall fall within the compas of forfaltor or fyneing, the estates ordanis the suplicant to have the benefite therof payed to him, quhilk they doe heirby declare sall belong to him towardis the reparatioune of his loisses and sufferingis. And inrespect the saidis rebells ar vassells to the hous of Buchane, but prejudice to Waltir Stewart and Peter Stewart, his brother, off ther richtis of wodset and compryissingis of the rebells landis quhilks ar declared to be unprejudged heirby incaice they be fund suche persones as hes behaved themselfis as good patriots and hes had no complyance nor intelligence with the rebells, quheranent thir presentis salbe ane sufficient warrand.
[1646/11/383]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now conveened in this sext session of the first trienniall parliament, haveing takine to thair consideration the petition of James, late erle of Airlie (eftir the same was sene and considered in the severall bodies of the estates) desyring ane act of parliament in favors of him, his airis and successors assureing, reponing, restoring and reintegrating him to his honors, lyfe, dignities, fortune, estate, landis, heritages, priviledges, guidis, geir and uthers quhatsumevir heirtofore belonging to him, declaring him able and granting unto him full and frie libertie and power to bruik and enjoy the same without anie question to be moved theranent for anie deadis done be him in the course he hes bene formarlie on or in relation therto, and that notwithstanding of the proces and sentence of forfaltor led and pronuncit agains him and as if the samen had nevir bene intentit nor pronuncit, as the suplication more fullie beirs. And heirwith also considering that in the commission granted to the committie of estates be the parliament at St Androis of the thrid of Februar 1646 thair is power granted to that committie, or quorum therof, or anie other quhom they sall appoint, to treate with suche of the rebells as they sall think fitt for reclaimeing them to ther dew obedience, and to give full pardon, remission and discharge to suche as they sould think fitting who wer than in the rebellion and wald quyte the same and live as becometh duetifull and loyall subjectis off all deidis done be them in the said rebellion or in relation therto, and to restore and repone them to the posession of ther landis or titles of honor not disponed or conferred before thair reclaimeing, and to give full assurance that the parliament sould at ther nixt session rescind all decreitis or sentences given against them quherby they wer secluded from thair honors and dignities, and grant to them ane act of oblivion; and that Major Generall Midletoune, be vertue of a power granted to him be the said committie of estates, hes given and subscryved ane assurance of the tuentie thrid of July 1646 to James, erle of Airlie granting full assurance to him of his honor, lyfe and fortune to be unquestioned in anie of them for anie dead done be him in the course he hath formarlie bene on or in relation therto, and that in the than nixt ensueing parliament he sould be restored to his dignitie and fortune notwithstanding of the decreit of forfaltor led against him, he appearing before the committie of estats and acting himselfe for his good behaveor intymcomeing before the first of November last, conforme quherunto he upon the threttie day of October compeired before the said committie and acted himselfe to the effect foresaid under the pane of fyiftie thousand pundis; the saidis estates, eftir dew consideration of the premises, they, inrespect of the foresaid power granted to the committie of estats be the parliament at St Androis for reclameing of the rebells to ther dew obedience in maner abonespecefeit and of the warrand granted be the committie to Major Generall Midletoune for that effect and of the assurance foresaid granted be him to the said James, erle of Airlie and of his becomeing acted for his good behaveor under the pane abonespecefeit, doe heirby rescind the foresaid process, decreit and sentence of forfaltor led and pronuncit aganis the suplicant quherby he is excludit from his honors and dignities, and be thir presentis grantis to him ane act of oblivion therof, and ratifies and approves the foresaid assurance granted be the said Major Generall Midletoune in the haill headis therof, conforme to the tenor of the samen in all pointis, and gives and grantis full pardon, remission and discharge to the said James, erle of Airlie off all deidis done by him in the foresaid rebellion or in relation therto, and restores and reponis him to the posession of his landis and titles of honor and declares him able and grantis unto him full and frie libertie and power to bruik and enjoy his honors, lyfe, dignities, places, fortune, estate, landis, heritages, priviledges, guidis, geir and uthers quhatsomevir heirtofore perteining and belonging to him, except sick guidis and geir as wer takine from him the tyme he was in rebellion be anie persone quhatsomevir that was not in the said rebellion, notwithstanding of the foresaid proces and sentence of forfaltor, conforme to his patentis, richtis and titles granted to him of the same and conforme to the act of parliament of the date the tuelt of Januar jM vjC and fourtie sevin yeirs made concerning these noblemen and uthers wha wer forfaulted and ar or salbe reponit aganis ther forfaultors.
[1646/11/384]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into thair consideration the petition of George, master of Bamff, schewing that the erle of Dumfermling become cautioner for him under the pane of fourtie tua thousand punds, that the suplicant sould compeir before the committie of money and processes and answer for his behaveor in the publict bussines when he sould be cited therto personallie or at the croce of Abirdene upon fyiften dayis warning if he wer within the kingdome, and upon thriescore dayis if without the same, and that he sould not goe be north the north water in the meantyme under the pane foresaid, as the act made therupon of the tent of March 1646 yeirs beiris; and that the suplicant hes obeyed the foresaid act in all pointis and attendit the erle of Dumfermling and hes stayed in Edinburgh and in England continwallie since, readie and willing to have cleared and justified himselfe of all aspersions concerning his cariage, and thairfore desyring ane discharge of the foresaid act and liberation to the erle of Dumfermling of his said cautionrie for the suplicant, as the suplication proportis. The saidis estates findis the desire of the foresaid suplication just and reasonable and grantis the samen, and doe heirby discharge simpliciter the foresaid act and the said erle of Dumfermling of his becomeing caution for the suplicant and of all obleismentis therintill and of the sowme and pane therinmentioned; as also discharges the said George, master of Bamff therof and of the restraint and confynement therby put upon him, and declares him liberat and fred of the samen, quheranent thir presentis salbe a sufficient warrand.
[1646/11/385]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing sene the report of the committie of proces and moneyis concerning the erle of Hartfell, his fyne of contravention and sentences of parliament and committie respective formarlie given aganis him and his sones theranent, they find that be the sentence of parliament at St Androis in anno 1646 given aganis the erle of Hartfell he is decernit to pay ane hundereth thousand pundis Scotis incurred be him throw contraveining his obleisment for his good behaveor, and that the late committie of proces, be thair sentence given aganis the said erle of Hartfell and his sones, adhering to the formar sentence of parliament, ordaned horse to be quartered on the erle of Hartfell's landis for not giving obedience to the foresaid sentences, quhilk was accordinglie done; and that also, upon the erle, his suplicatioune to the late committie of proces, that committie accepted the sowme of ane hundereth thousand merks Scotis and remitted the superplus of the ane hundereth thousand pund abonementioned to be disposed upon be the estates of parliament; and heirwith also considering the long inprisonment of the said erle of Hartfell in manie places, and that horse wer quartered upon his landis for not giving obedience to the saids decreitis, and that the erle hes alreadie payit the foresaid sowme of ane hundreth thousand merks Scotis accepted be the late committie of proces as said is by and attor the sowme of ane thousand merks Scotis given be him to the erle of Lanerk, quherupon he gat the erles ticket or band, the saidis estates of parliament, upon consideration of the groundis and premises beforerehearsed, doe heirby accept and be thir presentis acceptis the foresaid sowme of ane hundereth thousand merkis Scotis alreadie payed be the erle of Hartfell in full satisfaction and payment of all sentences of contraventions or fynes given aganis the said erle of Hartfell or aganis his sones or quhilk may be craved of them for ther formar cariages, and declares them to be fred and exonered therof for ever with all that hes followed or may follow therupon for the rest and superplus of the foresaids contraventions and fynes and decreitis and sentences given against him or his sones by the ane hundereth and ane thousand merkis abonespecefeit alreadie payit be the erle of Hartfell as is aforesaid. And, inrespect heirof, the saidis estates ordanis the erle of Hartfell to delyver bak to the erle of Lanerk the foresaid ticket or band given be the erle of Lanerk to him upon the foresaid ane thousand merkis abonespecefeit unregistrat, to be cancellit be the erle of Lanerk, or ellis to subscryve and delyver to the erle of Lanerk ane discharge of the foresaid ticket or band of ane thousand merks abonespecefeit, and ordanis letters (if neid beis) to be direct theron in forme as effeirs.
[1646/11/386]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the report of the committie for the Lord Humbie's accomptis concerning the suplication of Lieutenant Colonell William Oisburne, quhilk was referred to that committie for considering of his accomptis and putting of him in equall fitting with uthers of his condition within the kingdome, they find be the said report that thair is dew and payable to the suplicant be the estates of the kingdome the sowme of four thousand, fourscore threttine punds 6 sh. 8 d. and that thair is also dew and payable to him be the shirefdome of Drumfries the sowme of sex hundereth sex pundis 13 sh. 4 d., and therfore the estates of parliament doe heirby seriouslie recommend the suplicant to the committie of moneyis during the sitting of the parliament and to the committie of estates eftir rysing of the parliament to tak some effectuall course and way for the suplicantis present payment of the foresaid sowme of foure thousand, fourscore threttine pundis 6 sh. 8 d. dew and payable to him be the publict. And alse the estats ordanis the foresaid shirefdome of Drumfreis to mak readie and present payment to the said Lieutenant Colonell William Oisburne of the said sowme of sex hundereth sex punds 13 sh. 4 d. yit restand dew and payable be them to him, and the estates heirby seriouslie recommendis to the committie of warre of the said shyre the readie and speidie payment of the said sowme and taking some effectuall course for the suplicantis satisfaction therof.
[1646/11/387]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to there consideration the petition of James Maxuell of Innerweik, ane of his majesties bed chamber, schawing that thair being still adebted to him be the estates of this kingdome a certane considerable sowme of money as the remander of the sowme of fourscore foure thousand, eight hundereth thrie score sex pundis Scotis money quhilk was dew to him be the estates of this kingdome, conforme to ane act of parliament granted in his favors therupon in anno 1646, quherof thair is yit a great pairt restand unpayit, and thairfore desyring warrand and ordor for compleitting him of the sowmes contenit in the foresaid act and anuelrents therof quhill his payment out of the first and readiest of the last ane hundereth thousand pund sterling payable by the parliament of England to this kingdome without prejudice of his formar assignementis, as the suplicatioune beirs. The saids estates of parliament ordanis the said James Maxuell of Innerweik, suplicant, to be compleitlie payit of the foresaids sowmes respective contenit in the act of parliament abonementioned, with the anuelrents therof quhill the payment quhilk is yit restand and sa far as the samen is now unpayed to him, out of the first and readiest of the foresaid last ane hundereth thousand pund sterling payable by the parliament of England to the estates of this kingdome; and doe heirby grant assignement therof pro tanto to the suplicant quhill he be payit compleitlie of what is yit restand unpayed to him of the sowmes abonementioned contenit in the act of parliament abonewrittin and anuelrents therof foresaids, without prejudice to him of his formar assignements and rightis to stand in force quhill his payment or anie other course that salbe thocht fitting for the suplicant's releife and payment by the committie of estates or moneyis, to quhom the estates of parliament earnestlie recommendis that some certane and speidie course may be effectuallie takine for the suplicantis full payment of his said just debt.
[1646/11/388]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard, sene and considered the report of the committie of processes concerning the sentence given aganis Sir Alexander Carnegie of Balnamone for his delinquencie, decerning him to pay the sowme of ten thousand pundis Scotis, quherof fyve thousand merkis presentlie to have bene payed by him and the remander therof continwed quhill farder ordor sould have bene given theranent, and that accordinglie the said Sir Alexander Carnegie hes alreadie payed the said sowme of fyve thousand merks, the saidis estates of parliament doe heirby accept and acceptis of the foresaid sowme of fyve thousand merks alreadie payed be the said Sir Alexander Carnegie of Balnamone in full satisfaction and payment of the foresaid haill sowme and fyne of ten thousand pundis imposed upon him be the foresaid sentence, and therfore the saidis estates of parliament be thir presentis exoneris and simpliciter discharges the said Sir Alexander Carnegie of Balnamoone off all farder payment of the haill restand superplus of the foresaid fyne of ten thousand punds abonementioned by the fyve thousand merks abonespecefeit alreadie payed be him as said is, and declares him quyte and frie of all farder payment of the rest and superplus of his said fyne of ten thousand pundis abonementioned and of the decreit and sentence given aganis him theranent with all that hes followed or may follow therupon for evir, quheranent thir presentis salbe a sufficient warrand.
[1646/11/389]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing takine to there consideration the petition of the commissionars for the shyre of Abirdene for appointing ane shireff principall to that shyre and authorizing of the sherreff deput alreadie chosine, they doe therfore, eftir leitting and voyceing, nominat, elect and appoint Sir Williame Forbes of Cragievar to be shireff principall of the shirefdome of Abirdene for this yeir jM vjC and fourtie sevin yeirs and whill Michaelmes nixt the same yeir, to whome the estates of parliament be thir presentis gives and grantis full power, warrand and commission to exerce and discharge the said office and place of shireff principall of the said shirefdome of Abirdene in administratioune of justice to the lieges and causing publict ordors be obeyed and in doeing everie thing incumbent to the place and office of shireff principall of the said shirefdome during the space foresaid siclyck and alse frielie in all respectis as anie shireff principall in that shyre hes done or might laufullie doe in anie tyme bygane. And the estates of parliament gives and grantis to the said Sir Williame Forbes of Craigivar, shireff principall foresaid, all power, priviledge, libertie, immwntie and uther casualities quhatsomevir perteining, dew or competent to the said place and offices of shireff principall of the shirefdome of Abirdene whill Michaelmes nixt 1647 yeirs instant to be peaceablie bruiked, exerced, possest and uplifted be him as shireff principall of that shyre during the space foresaid. And alse the estates nominatis, appointis and authorizes Johne Forbes of Aslowne to be shireff deput of the said shirefdome during the space abonementioned, wha was formarlie appointed be the committie of processes and moneyis for the north to supplie the place during the parliament's pleasur; with power to the said Johne Forbes to exerce and discharge the said place and office of shireff deput of the shirefdome of Abirdene quhill Michaelmes nixt 1647 yeirs instant, and gives and grantis to him all fies, casualties and priviledges belonging therto during the said space, anent the quhilkis premises the estates declares thir presentis salbe a sufficient warrand.
[1646/11/390]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the report of that committie appointed by them for considering Lieutenant Colonell William Dick, his suplicatioune and accompts of the sowmes dew to him be the publict, they find be the foresaid report thair is restand be the publict to the said Lieutenant Colonell William Dick the sowme of thrie thousand, sevin hundereth threttie tua pundis tua shillingis Scotis money by all formar receptis alreadie receaved be him preceiding the date heirof, and the estates of parliament doe heirby seriouslie recommend to the committie of estates or sick as the committie of estates sall appoint for the moneyis to tak some effectuall course for the said Lieutenant Colonell William Dick, his payment and satisfaction of the foresaid sowme abonewrittin dew to him be the publict as may prove usefull for his satisfaction and payment therof. And alse the estates ordanis ane letter of recomendatioune to be writtin from the parliament to the honorable houses of the parliament of England in favors of the said Lieutenant Colonell William Dick for his service in the toune of Culrane in Ireland and thereftir in the Scotis armie in that kingdome, togidder with ane letter to ther commissioners at London to assist his just desires and recommendatioune foresaid, and the estates doe heirby seriouslie recommend him to ther saids commissioners for that effect.
[1646/11/391]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the report of the committie of processes and money concerning the sentence given aganis the erle of Queinsberrie for his delinquencie, and finding by ane act of the late committie of processes posterior to the foresaid sentence that thriescore thousand merks of the erle of Queinsberries fyne was remitted to the parliament and that bothe the committies of estates and processes had declared that they wald interceid with the parliament for the discharge of the foresaid thriescore thousand merks in favors of the erle of Queinsberrie, the saidis estates of parliament, in consideration of the premise and inregaird of the great sowme of sexscore thousand merkis Scotis money alreadie payed be the erle of Queinsberrie so tymeouslie, they doe therfore heirby accept of the foresaid sowme sua payed be the erle of Queinsberrie in full satisfaction of his haill fyne imposed upon him and contenit in the foresaid sentence given aganis him theranent, and discharges him simpliciter of the said sowme of thriescore thousand merks, quhilk is the superplus of his said fyne by that alreadie payit as said is, and declares him quyte and frie therof and of the said decreit and sentence theranent with all that hes followit or may follow therupon for evir, quheranent thir presentis salbe ane sufficient warrand.
[1646/11/392]*[print] [email] [cite] [preceding] [following]
Forsamekle as the estates of parliament, taking into consideration the desire of the petition represented to them be the commissioners of the shirefdome of Selkirk for ane shireff to that shyre, they doe heirby nominat, elect and appoint Sir William Scot, younger, of Harden to be shirref of the shirefdome of Selkirk for this yeir jM vjC and fourtie sevin and whill Michaelmes nixt the samen yeir, to whome the estates of parliament be thir presentis gives and grantis full power and commission to exerce and discharge the said office and place of shireff principall of the said shirefdome of Selkirk in the administratioune of justice to the lieges and causing publict ordors be obeyit and in doeing everie thing incumbent to the place and office of shireff principall of the said shirefdome during the space foresaid siclyik and alse frielie in all respectis as anie shireff principall of that shyre hes done or might laufullie doe in ony tyme bygane; and the estates of parliament gives and grantis to the said Sir William Scot, younger, of Harden, shireff principall foresaid, all power, priviledge, libertie and immwnitie and uther casualities quhatsomevir perteining, dew or competent to the said place and office of shireff principall of the shirefdome of Selkirk quhill Michaelmes nixt jM vjC and fourtie sevin yeirs instant, to be peaceablie bruiked, exerced, possest and uplifted be him as shireff principall of that schyre during the said space; with power to him during that space to nominat, elect and choose his awne shireff deputtis for his helpe and assistance in the administratioune of justice to the lieges (for quhom he salbe answerable) siclyik and alse frielie in all respectis as anie uther shireff principall did or might have done in the said shyre at ony tyme bygane, quheranent thir presentis salbe ane sufficient warrand.
[1646/11/393]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing hard and considered the report of that committie appointed by them for considering the loisses and desires of the Erle Marschell, they find by that report that thair hes bene commissions given out for tryeing his saids loisses in his severall landis, bot that the report of the tryell of one onelie is yit returned concerning his landis of Dunnottar anent the loisses sustenit be him in these landis, extending to fyiftie fyve thousand pundis Scotis, besides the notorietie of uther great loisses sustenit be him be burning of his hous and landis of Fetteresso and spoyling of his haill landis in Buchan and Mar quherof the report is not as yit returned; and that he also wantis ane good pairt of his yeirlie rent thir thrie yeirs bygane. Therfore, and inregaird of the greatnes of the said erle, his loisses sustenit be him for his affection to the caus and cuntrie, the saidis estates of parliament, for reparatioune of the said Erle Marschell, his loisses and sufferingis in some measur, doe heirby grant right and assignement to the said William, Erle Marschell for the sowme of fyiften hundreth pund sterling, quhilk the estates ordanis to be payed to him or anie haveand his power and warrand out of the last ane hundereth and fyiftie thousand pund sterling of the second tua hundereth thousand pund sterling payable be the kingdome of England to this kingdome, and this fyiften hundereth pund sterling to be payed to the said erle towardis the reparatioune of his saids loisses in pairt, but prejudice alwayis of what sall fall dew to him for the remander of his loisses be anie course salbe tane for satisfieing the loisses of the kingdome. And for the said Erle Marschell, his more readie payment of the said sowme of fyiften hundereth pund sterling, the saidis estates gives heirby precept and warrand for payment therof to the said William, Erle Marschell or anie haveand his power and warrand out of the foresaid last ane hundereth and fyiftie thousand pund sterling of the said second tua hundereth thousand pund sterling abonementioned, and declares this present act with the Erle Marschell or anie haveand his power, ther discharge upon the recept of the aforesaid fyiften hundereth pund sterling, to be ane sufficient exoneratione for that sowme to the payers therof and all uthers interest therintill.
[1646/11/394]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into consideration the desire of the generall of artilliarie, his petition schewing that the traine of artilliarie can not move without the advancement of tua monethis pay to them and of tua thousand merks to the commissar of artilliarie for some present charges necessarlie to be deburst, and therfore desyring that he be not blamed for the retardment of the march of artilliarie, the saidis estates ordanis and doe heirby give precept and warrand to the generall commissar and his deputtis to pay and delyver to the generall of artilliarie or his commissar the two monethis pay to the traine of artilliarie formarlie ordanit to have bene advaunced to them, togidder with the foresaid sowme of tua thousand merks for the present necessar charges of the said traine of artilliarie.
[1646/11/395]*[print] [email] [cite] [preceding] [following]
The estates of parliament, upon the petition of James, duke of Hamiltoune, ordanis ane letter to be writtin to the honorable houses of the parliament of England on his behalfe for restoring to him of his guidis, pictures, moveables and uther furnitor and cannon perteining to him and intrometted with be there ordor or warrand or by ordor and warrand of ther committies; as also ordanis the samen to be recommended to the commissioners at London in ane instruction to them to use ther best endeavors with the parliament of England to the effect foresaid, and, in the meantyme, the estates ordanis these appointed by them for speiking with the English commissionars to deale earnestlie with the commissionars that they may seriouslie recommend the duke of Hamiltoune to the honorable houses of the parliament of England for restoring to him of his saids guidis.
And the saidis estates of parliament, upon Robert, erle of Roxburgh, his petition, grantis the lyke letter and recommendatioune in his behalfe for restoring to him of the jewells, plait, houshold stuff and uthers guidis perteining to him and his umquhile lady and intrometted with be warrand and ordor of the parliament of England or there committies.
[1646/11/396]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened in this sext session of the first trienniall parliament, considering that the sentence and doome of forfaltor pronuncit aganis Patrik Ruthven, sumtyme erle of Forth upon the tuentie sext day of July 1644 yeirs the estates of parliament then conveened decernit and ordanit the said Patrik Ruthven, his whole estate, personall and reall, landis, heritages, sowmes of money and uthers guidis and geir moveable and heritable perteining to him, to be disponit upon and applyed for the use of the publict and for payment of the publict debtis and releiving of the comoune burdens of the kingdome, as the said decreit and sentence of forfaltor more fullie proportis. Lykeas, be decreit pronuncit be the committie of estates upon the tuentie day of Maii jM vjC fourtie fyve yeirs at the instance of Sir Adam Hepburn of Humbie, knyght, thesaurer of the armies, aganis Johne, erle of Kinghorne as ane of the cautioners for umquhile William, erle of Erroll and aganis Sir Patrik Ogilvie of Inchmartine, Sir Thomas Blair of Balthyok, Sir Peter Hay of Meginsche, Patrik Kynnaird of Incheture and Williame Butter of Pitcullane as cautioners eftirspecefeit for umquhile George, erle of Kynnowle, the said committie of estates decernit and ordanit the forenamed haill cautioners conjunctlie and severallie to mak payment to the said Sir Adam Hepburne and his deputtis in name of the publict off the sowme of ane hundereth and foure thousand merks in pairt of payment of the principall sowme of ane hundereth and ten thousand merks now dew to the publict and quhilk was formarlie adebted be the said umquhile William, erle of Erroll and his cautioners to the said Patrik Ruthven, sumtyme erle of Forth be vertue of ane band or contract made betuixt the said umquhile William, erle of Erroll on the ane pairt, and the said Patrik Ruthven on the uther pairt, dated at Cannogait, the first day of Junii jM vjC threttie sex yeirs or of quhatsumevir uther daitis and be vertew of the uther richtis and infeftmentis following on the said contract, and quhilk principall sowme and anuells therof was undertakine be the said umquhile George, erle of Kynnowle and his fyve cautioners abonenamed to be payed for the said umquhile erle of Erroll to the said Patrik Ruthven as ane pairt of the pryce of the barronie of Erroll sould be the erle of Erroll and his tutor to the said umquhile erle of Kynnowle, conforme to ane contract dated in Julii jM vjC threttie aucht yeiris and registrat in the buiks of counsall upon the first day of August jM vjC fourtie foure yeirs, as the said decreit of the said committie of estates proportis. Be the quhilk decreit the said committie continwed at that tyme the giving of sentence for the superplus of the said principall sowme and anuells therof, except for the said ane hundereth and foure thousand merks for the ressones contenit in the said decreit, off the quhilk ane hundereth and foure thousand merks sua decernit as said is the abonenamed fyve cautioners for the said umquhile erle of Kynnowle, ilk ane of them for ther awne fyift pairt therof, hes made full and compleit payment for the use of the publict and for obedience of the said decreit as followis, viz: be command of the said committie of estates the saidis fyve cautioners advanced in the first end of the said sowme to the lord marques of Argyle the sowme of tuentie thousand merkis for dispatche and helpe to the outreik of these forces under the said lord marques, his command then leavied againis the rebells, conforme to the said lord marques his ressait therof. Lykeas of the said sowme they made payment to the said Sir Adam Hepburne of thriescore thousand merks at Whitsonday jM vjC fourtie fyve yeirs, conforme to the said Sir Adames discharge therof, dated the sexten day of October jM vjC fourtie fyve yeirs, and quhilk thriescore thousand merks wes applyed be expres ordor of the said committie of estates for payment of the lyke sowme adebted be the publict to the erle of Callender. As also the saidis fyve cautioners made payment to the said Sir Adam Hepburne at the same terme of Whitsonday jM vjC fourtie fyve yeirs of twentie thrie thousand, threttie sex merks j sh. j d. of the said sowme, conforme to the said Sir Adam's discharge, dated the nyntene day of December jM vjC fourtie fyve yeirs, and quhilk twentie thrie thousand, threttie sex merks j sh. j d. was applyed be express order of the said committie of estates for payment of the lyke sowme adebted be the publict to umquhile Sir Thomas Hope of Kerse and to Thomas Hope, his eldest sone, and his tutors; and upon the payment sua made of the saids thriescore thousand merks and of the said tuentie thrie thousand, threttie sex merks j sh. j d. the saidis fyve cautioners have obtenit ane ample discharge from the committie of parliament for moneyis, dated the first day of August jM vjC fourtie sex yeirs, as the samen proportis. And farder the saidis fyve cautioners have made payment to the said Sir Adam Hepburne in name of the publict off the sowme of nyne hundereth thriescore thrie merkis, tuell shillingis, thrie pennies in full and compleit payment of the foresaid ane hundereth and foure thousand merkis contenit in the said decreit, and upon the payment therof have obtenit the said Sir Adam Hepburne, his discharge, dated the first day of Januar jM vjC fourtie sevin yeirs. And in lykemaner the said committie of parliament for moneyis and processes, be ther decreit dated the aucht day of Julii jM vjC fourtie sex yeirs, have decernit the abonenamed fyve cautioners for the said umquhile erle of Kynnowle to mak payment to the said Sir Adam Hepburne and his deputtis in name of the publict off the sowme of sex thousand merks as the superplus and in full payment of the said haill principall sowme of ane hundereth and ten thousand merks; as also to mak payment of the sowme of ellevin thousand merks as for the bygan anuells of the said principall sowme specefeit in the saids tua decreitis, extending the saids sowmes sua decernit be the said last decreit to sevinten thousand merkis and quhilk sowme the said committie be the foresaid decreit ordanit the said Sir Adam Hepburne to apply and delyver to the said erle of Kinghorne in pairt of payment to him of the sowmes adebted to the said erle be the publict and specefeit in the said decreit, and that conforme to ane act of parliament past theranent at St Androis upon the fourt day of Februar jM vjC fourtie sex yeirs, as the samen act of parliament and decreit mair fullie proportis. In obedience quherof, the abonenamed fyve cautioners for the said erle of Kynnowle equallie amongst them have made payment of the said sevintene thousand merkis contenit in the said last decreit, and upon the payment therof have also reported the said Sir Adam Hepburne, his discharge, dated the said first day of Januar jM vjC fourtie sevin yeirs, as the samen proportis. And seing the saidis fyve cautioners for the said umquhile erle of Kynnowle equallie amongst them, for obedience of the saids publict actis and decreitis and be command and warrand of the saids estates and ther committies, have now made full and compleit payment for the use of the publict off the said haill principall sowme of ane hundereth and ten thousand merks and of the saids byrune anuells therof in maner abone deducit, conforme to the saidis warrandis, recepts and discharges therof abonementioned, all sene and considered be the saids estates of parliament, thairfore the saidis estates of parliament doe heirby ratifie and approve the foresaids tua decreitis, the ane given be the said committie of estates and the uther be the said committie of moneyis of the daitis abonewrittin, aganis the foresaids cautioners for payment of the foresaid principall sowme of ane hundereth and ten thousand merks and bygane anuells therof, togidder with the saids haill discharges and ressaitis obtenit be the saids cautioners upon the payment of the samen in maner abonededucit of the dates respective abonespecefeit in the haill headis, clauses and articles of the samen, quhilk generalitie the saidis estates declares to be alse valeid in all respects as if the samen decreitis, discharges and uthers warrandis for payment of the saids sowmes wer at lenth and verbatim insert heirintill, quheranent and anent the not inserting therof the saidis estates have dispensed and heirby dispenses for evir. And forsamekle, as be ane express act of parliament made in the first session of the first trienniall parliament haldin and begun at Edinburgh upon the fourt day of Junii jM vjC fourtie foure yeiris and act 34 therof, it is statut and ordanit be the estates of parliament, for the full securitie and exoneration of the persones adebted in payment to the persones forfaulted in the said parliament (whose names ar exprest in the said act, quherof the said Patrik Ruthven is ane), that the discharges to be granted be the estates of parliament or convention of estates or ther committies respective to anie of the debtors of the forfaulted persones, principall or cautioners for ony sowmes of money quhilk salbe payed be them or ony of them for the use of the publict, salbe in all tymcoming alse valeid a liberation to the saids debtors as if the principall bandis and uther securities made be them to the saids persones forfaulted wer redelyvered to the saids debtors and thair cautioners, and as if the saids forfaulted persones themselfis had bene denudit omni habili modo of ther saids richtis, sua that the saids debtors and ther saids cautioners sall nevir be troubled in judgment nor outwith the samen be the saids forfaulted persones nor anie uthers haveing richt floweing fra them for the saids sowmes. And be the quhilk act foresaid the saids estats have declared the saids bands and uthers securities quhatsomevir made be the saids debtors to the saids forfaulted persones to mak na faith in judgement nor outwith the samen aganis the saids debtors nor ther cautioners making payment to the use of the publict as said is, as the said act of parliament mair fullie proportis. Thairfore, and inrespect of the foresaid full and compleit payment made be the saids fyve cautioners for the said umquhile erle of Kynnowle of the foresaid haill principall sowme of ane hundereth and ten thousand merks and anuells therof in maner abonespeit, the saidis estates of parliament (but hurt or dirogatioune to the foresaids formar warrandis, ressaitis and discharges of the payment of the saidis sowmes, and, in farder corroboratioune of the samen and conforme to the said act of parliament haldin in Junii jM vjC fourtie foure yeirs and act 34 therof foresaid) have exonered and discharged and be vertew heirof exoners and simpliciter discharges the saids Sir Patrik Ogilvie, Sir Thomas Blair, Sir Peter Hay, Patrik Kynnaird and Williame Butter, cautioners foresaids and payers of the saids sowmes, as also the airs and executors of the said umquhile George, erle of Kynnowle and the said Gilbert, now erle of Erroll and all uthers, the airs, executors and successors of the said umquhile William, erle of Erroll and the said Johne, erle of Kinghorne, and all uthers, the cautioners of the said umquhile William, erle of Erroll, ther airs and successors, of the foresaid haill principall sowme of ane hundereth and ten thousand merks and bygane anuells therof quhilk was formarlie adebted to the said Patrik Ruthven and now belonging to the publict be his forefaltor foresaid and payed for the publict use in maner abonementioned, and of all bandis, infeftmentis, richtis and uther securities granted to the said Patrik Ruthven be the said umquhile erle of Erroll and his cautioners for securitie of the saids sowmes, and of all penulties, expenses, failzeis and uther obleismentis contenit in the saids bands and securities. And siclyik the saidis estates discharges the saids haill persones, principall and cautioners, off all action and execution competent or that may be competent aganis them or ony of them and ther foresaids at the instance of the said Patrik Ruthven, his airs and executors, or his or ther assigneyis, or at the instance of the estats of this kingdome, or anie haveing power fra them, or at the instance of anie uthers quhom it effeirs for the foresaid principall sowme or anuells therof, and declares the saids haill persones, principall and cautioners, and ther foresaids to be perpetuallie frie and exonered of the saidis sowmes principall and anuells and of all bands and securities made be them or ony of them for the samen, as if the saids principall bandis and securities wer delyvered and as if the said Patrik Ruthven wer fullie denudit therof in ther favors omni habili modo, and that the saids debtors sall nevir be troubled for the samen sowmes nor na pairt therof in judgement nor outwith the samen intymcomeing. And ordanis and declares the foresaids bandis and uthers richtis and securities made and granted be the forenamed persones, principalls and cautioners, or ony of them, of and for the said principall sowme and anuells therof to the said Patrik Ruthven, togidder with all richtis made or to be made be the said Patrik Ruthven therof or of ony pairt of the samen, to be voyid perpetuallie and to mak na faith heireftir in judgement nor outwith the samen intymcomeing. Quhilk discharge foresaid the saidis estates of parliament bind and obleis the parliament and estates of this kingdome and ther successors to warrand and defend to be gude and valeid in the selfe at all handis and aganis all deadlie, and that thir presentis is and salbe ane absolute, full and perfyte liberation to the saids persones, debtors, principalls and cautioners, and ther foresaids at all handis quhatsomevir, but prejudice to the abonenamed fyve cautioners for the said umquhile erle of Kynnowle who have payit the saidis haill sowmes equallie amongst them as said is off ther releife therof aganis the airs, executors and successors of the said umquhile erle of Kynnowle as accordis.
[1646/11/397]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordanis the act granted in favors of Generall Ruthven, restoring and reponing him aganis the sentence of forfaltor, to be booked and extracted of ane date two dayis posterior to the discharge granted be the parliament to the erles of Erroll and Kynnowle, quhilk is of this dayis date; and also ordanis this claus following to be insert in the said act of restitution, viz: And the estates of parliament declares that this present act of restitution sall nawayis be extendit to the principall sowme of ane hundereth and ten thousand merks nor to the anuelrents therof quhilk was formarlie restand to the said Patrik Ruthven be umquhile William, erle of Erroll and his cautioners, conforme to the richtis and securities made therupon. Neither sall the said restitution be extendit to the principall sowme of fyiftie thousand merks or anuells therof quhilk was formarlie restand to the said Patrik Ruthven be the erle of Southesk and his cautioners, conforme to the band and securities made therupon, bot declares the saids tua principall sowmes and haill anuells therof, with the bandis and securities made to the said Patrik Ruthven therupon, to be altogither excepted furth of the said restitution, and the said Patrik Ruthven, nor na uther haveing richt fra him, to have no richt, title nor action for the samen in anie tymcoming seing the saids sowmes ar disposed upon be the estates and ther committies for the publict use.