93 dies parliamenti
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Prayeris said, rollis called.
1. That by and attor James Grahame, Allaster McDonald, James Gordoun, sumtyme lord Aboyne, George Gordoun, sumtyme marques of Huntlie, Lodovik Lindsey, sumtyme erle of Crawfuird and Sir Johne Hurrie wha ar alreadie excepted fra conditions and pardon be the parliament, these wha hes served in our armies, either officeris or souldiors, and thereftir hes bene in rebellion sall also not be pardoned.
2. That suche persones as hes receaved passes and made use therof or hes enacted themselfis for ther good behaveor for tymcoming and hes since joyned themselfis with the rebells sall not be pardoned.
3. That suche persones who salbe made knawne to the commander of our forces to have bene in cold blood and not in battells, pairteis or skirmishes cruell murtherers of men, wemen or children or hes killed anie man eftir quarters hes bene given him sall not be pardoned.
4. That nane aboneexprest in the foresaids qualifications sall receave the benefite of pardon except upon the doeing some suche notable service to the kingdome as the generall persones of the armie sall think they doe deserve, it being alwayis understood that no pardon can be granted to these who ar alreadie by name excepted.
5. That nane who salbe pardoned salbe capable of anie publict trust or imployment in the cuntrie[s] service, according to the act of parliament made in answer to the remonstrance of the kirk.
6. That these who ar to be takine aff the rebellion salbe by way of pardoning them upon penitence, randering up of ther houses, delyvering ther armes and giving assurance and securitie for ther good behaveor intymcoming.
7. That in the taking aff the consideration of the loisses of these who are rwined by these particular persones who ar to be takine aff and yit can no otherwise be repaired by the estate salbe according as the generall officers sall think fitt.
8. The estates recommendis to the generall officers not to grant anie assurance to the Lord Rae, the master of Rae, William McKy of Bighous, Hew McKy of Dalret, Hew McKy of Skowrie, Neill McKy alias Williamsone, Hector Monro of Eroboll, Robert Monro of Achimish, Hew Monro of Inveran, sone to the said Robert, untill first they restore the erle of Sutherland to the peaceable posession of his landis and guidis tane from him and find caution not to trouble him therin intymcoming, and that the erles civill action be reserved to him agains them.
[1646/11/409]*[print] [email] [cite] [preceding] [following]
Forasmuche as the estates of parliament have thought fitt that, in further persuance of the endis of the covenant and for setling the peace of this kingdome, ane competent nomber of forces salbe keipt up and employed within the same, and that the commission given to suche of eache estate as wer sent to England sould yit be prosecute; and finding it necessar that for provyding for the mantenance and weelfare of the forces aforesaid, for giving instructions to the commissioners in England, for taking course in what may concerne this kingdome in relation to the Scotis armie in Ireland, for preserving and setleing the peace of the cuntrie at home and in this tyme of trouble and warre [and] for ordering and governing the haill bodie of the kingdome ane committie of estates sould be nominat and authorised be this present parliament, they doe therfore nominat, elect and mak choyce of James, duke of Hamiltoune, William, Erle Marschall, Johne, erle of Sutherland, William, erle of Mortoun, Alexander, erle of Eglintoune, William, erle of Glencairne, John, erle of Cassillis, Charles, erle of Dumfermling, James, erle of Tullibardine, Robert, erle of Roxburgh, Frances, erle of Buccleugh, William, erle of Lothian, Johne, erle of Traquair, James, erle of Findlater, William, erle of Lanerk, James, erle of Callender, Johne, lord Yestir, James, lord Cowper, Alexander, lord Balcarras and Johne, lord Barganie for the noblemen; Sir James Fowlis of Colingtoune, David Beatton of Creiche, Sir James Lokhart of Lea, ane of the lordis of session, Sir Johne Hamiltoune of Beill, Sir Patrik Cokburne of Clerkingtoune, Sir Alexander Belshes of Toftis, ane of the lordis of session, [...] Home of Blacader, Sir Alexander Sutherland of Duffus, Alexander Brodie of that ilk, Sir Alexander Moresone of Prestongrange, Sir William Cochran of Cowdoun, Hew Campbell of Cesnok, Sir Alexander Falconer of Halkertoune, ane of the lordis of session, [...] Ker of Newtoune, Sir Thomas Ruthven of Frieland, Andro Agnew, appeirand of Lochnaw, James McDowell of Garthland, [...] Skene of that ilk, Sir Andro Fletcheor of Innerpeffer, ane of the lordis of session, and Sir James Fraser of Brae for the barrons; Archbald Syidserfe, baillie of Edinburgh, Johne Scot, goldsmyth, burges therof, Robert Arnot, provest of Perth, Sir Alexander Weddirburne, clerk of Dundie, Mr Robert Farquhar, burges of Abirdene, Johne Short, provest of Stirling, James Robertsone, burges of St Androis, George Porterfeild, provest of Glasgow, Johne Kennedie, provest of Air, David Symsone, burges of Dysart, Robert Whyte, burges of Kirkcaldie, Johne Jonstoune, provest of Drumfreis, Johne Forbes, provest of Innernes, Mr Robert Cunynghame, burges of Kinghorne, William Glendonyng, provest of Kirkcudbryght, Waltir Airth, burges of Pettinweyme, Johne Sempill, provest of Dumbartan, Gedeon Jak, burges of Lanerk, Mr Johne Hay, provest of Elgine, and Gilbert Mair, burges of Bamff; and alse the estates nominatis and appointis Alexander, erle of Levin, lord generall, Johne, erle of Lowdoun, chancellor, Johne, erle of Crawfuird and Lindsey, president of parliament, Sir Alexander Gibsone of Dwrie, clerk of registere, Sir Johne Weymis of Bogie, generall comissar, and the haill persones in the commission to England, with the provest of Edinburgh and James Stuart, generall collector of the excise, to be supernumerarie in the foresaid commission, to be commissionars of parliament, to whome (or anie nyne of them, there being two [of] eache estate) the estates gives full power, warrand and commission to conveene at suche tymes and places as they sall think fitt, and thair to tak suche course, give suche orders, warrandis, instructions or what else they find necessarie for defence of the trew Protestant religion, the liberties and priviledges of the kingdome, his majesties persone and authoritie in the preservatioune therof for removeing the difference betuixt his majestie and his people and promoving the caus in hand, conforme to the covenant and treatties made theranent; and in this tyme of trouble for ordoring and governing the haill bodie of the kingdome and the armie now employed within the same, and to consult and advyise in everie thing that may conduce to the good and safetie therof. With power also and command to them to give order to the severall schyres and burrowis of the kingdome for raising suche number of forces, horse and foote, out of ther severall boundis and jurisdictions and for outreiking them with armes, ammwnition, victuall and other necessars as they sall think fitt for the endis aforesaid, to put the kingdome in a posture of defence and to give orders for ther quartering, mustering, marching, appointing of officers over them and right regulating of the same, and provyding meanis and subsistence for them. And with power to them or ther quorum to borrow money allanerlie from these who have bene in actuall rebellion, conforme to the limitations and restrictions mentioned in the act of parliament at St Androis, the thrid of Februar 1646, and to borrow the money contenit in the offer and roll producit to the committie for the shirefdome of Orkney, and to give publict suretie for the same and more moneyis alreadie lent or decerned and for whiche suretie is not yit given; and the estates discharges heirby all other coercive of borrowing of money without prejudice of all execution to follow upon the decreitis alreadie given before the date heirof for lening of money. As also with power to them to try, process, fyne and censure or to issue out sumondis and commissions for all just and legall tryell, conforme to the lawis and practise of the kingdome against all delinquentis (excepting suche as ar come aff and ar or salbe fred be passes from Lieutenant Generall David Leslie, Generall Major Midletoune or anie other having power to that effect, and who have enacted and behaved themselfis accordinglie; and alse excepting suche as ar or sall joyne in the rebellion), conforme to the severall degries or classes of delinquencie mentioned in the act of parliament made at St Androis, and conforme to the commission formarlie given theranent to the formar committie of processes, quhilk is haldin as heere repeated except in mater of excise and borroweing. And sieing manie bills, processes, tryells and decreitis concerning delinquencie have bene remitted to the parliament or ar in dependence before and to be judged be the parliament and ar not yit decydit, with power to this committie or quorum to call for them and to try, cognosce, judge and give sentence therupon as they sall find just. With power also to this committie to assist the collector generall in bringing in the monethlie mantenance and the accomptis of all guids, rentis, sowmes of money and others belonging to delinquents or forfaulted persones, togidder with all other accomptis concerning the publict, and to close, allow, controll or disallow the same as they sall find just and reasonable; and to call for payment and accompt of all respondees and debtis dew be anie persone quhatsomevir to the publict, and to give new commissions for uplifting delinquentis rentis and to examine and recall formar commissions; and to grant suche orders, letters and execution for imbringing of the said moneyis, comptis, respondees and others guids aforesaid belonging to the publict; and to pronunce decreitis and sentences therupon, and to caus put the same to execution; and to reduce the haill debtis and comptis of the kingdome into suche order as the publict debtis of the kingdome may be knawne. Lykeas the estates doe heirby entrust this committie [with] the sole and onlie power of disposing and distributing of all moneyis that sall come in and be dew to the publict anie maner of way, but prejudice of formar assignements; and to employ the mantenance and excise in the first place for mantenance of the armie and garisons and the rest for suche other necessars as concerne the present service. And that eache precept for giving out of money be subscrived at least be a quorum of the committie being conveend in committie, and that all persones, subscryvers of anie precept, salbe answerable to subscryve no precept out of the monethlie mantenance or excise bot for the affaires and enterteanment of the armie and garisons, quherin if they contraveene, they salbe lyable in repayment of all suche sowmes of money for whiche they sall draw precept for anie other caus till the mantenance of the armie and garisons be first payed or satisfied; and that no preceptis be drawen bot when thair is money in the cash to pay the same. And the estates doe heirby ordane the said committie in ordering the payment of anie moneyis to the armie to distribut the same equallie and to tak constant course that all regiments of foote, garisons, trowpes of horse and dragouners be put and keipt in equalitie, either in money, proveant or provision according to ther strenth. And for fermeing and outgiving of the excise, the estates have ordanit sex of the committie of estates (being two of eache estate) to joyne with the committie of excise; quhilk sex persones the parliament doe heirby authorize the committie to nominat and appoint and to discharge them to signe anie precept for the disposall of the excise except for the mantenance of the armie in the first place and that being satisfied (and no otherwayis) then for other publict uses as is conteand in the act of excise. With power also to this committie or quorum therof to caus apprehend or call before them all suche persones as ar or sall joyne in the rebellion or concurre, assist or correspond with anie persones in the rebellion, and to persew them, pronunce sentence and doe justice upon them conforme to ther severall demereits, and that alse fullie in all respectis as the parliament might doe if they wer sitting. As also with power to give instructions from tyme to tyme to the generall officers, and also for pardoning these who ar in rebellion and not excepted, conforme to the limitations and qualifications quhilks ar alreadie or sall heireftir be agried unto in this session of parliament; and that they tak the reportis of shyres and burghes of suche lands and uthers as ar burnt and waisted be the enemie, and to allow suche proportion of the mantenance as is suspendit; and wilbe answerable to the rules made or to be made be the parliament for that effect. With power also to this committie, be themselfis or suche as salbe by them authorized, to treatt and determine with the parliament of England or suche as they sall appoint for payment of the arrears dew to the Scotis armie in Ireland and for ther future enterteanement and disposall of the armie intymcoming in haill or in pairt, conforme to the treattie made thairanent, and as salbe thocht fittest for the service. As also with power to them to send petitions, letters or remonstrances to his majestie and messages or commissionars to forrane princes or states, and to returne answer to anie letters or messages from his majestie or forrane princes or states, and to give passes and warrandis to suche persones as they sall think fitt and are [not] excepted in the propositions to goe and attend his majestie in ther places or otherwayis. With power also to this committie or quorum therof to appoint some of ther awne number or others as they sall think fitt to be ane committie to attend the armie in Scotland if they sall find it necessar, and to appoint the quorum therof and give them sick power and instructions as they sall find requisite and expedient. And if anie mater of importance doe occurre that requyre the resolution of the estates, in that caise this committie hes heirby power to call a meitting of the estates of parliament. And if anie of the saids commissionars sall not attend the meittingis of the committie and be absent without licence or laufull excuse, with power to the quorum to fyne them according to ane formar act of parliament. And generallie to doe all and sundrie uther thingis requisite anent the ordering and manageing of all affaires and bussines whiche may conduce to the good and peace of the kingdome and promoveing of the comoune caus as is exprest in the covenant and treattie, firme and stable halding and to hald what salbe done conforme to this commission abonementioned, quhilk commission is to endure to the nixt meitting of parliament.
[1646/11/410]*[print] [email] [cite] [preceding] [following]
The estates ordanis the president of parliament to subscryve all letters and passes that ar recorded and granted be the parliament in favors of anie pairtie or persone direct to the parliament of England or to the Scotis commissionars at London or for repairing to England or anie pairt therof.
[1646/11/411]*[print] [email] [cite] [preceding] [following]
Sir Williame Cokburne of Langtoune and Colonell Robert Cunynghame compeired personallie in parliament and made faith de fideli administratione for exercing the place of ischearie granted to them be the kingis majestie, conforme to the gift granted be his hienes to them therof.
[1646/11/412]*[print] [email] [cite] [preceding] [following]
Anent the suplication given in to the estates of parliament be Dame Clara Warnart, spous to Patrik, Generall Ruthven, sumtyme erle of Forth, and Lady Jeane Ruthven, his dochter, in name and behalfe of the said Generall Ruthven, desyring the estates of parliament to tak in ther favorable consideratioune the cariage of the said Generall Ruthven during his whole lyfe and his simplicitie in these actions quherupon the sentence of forfaltor is led and pronuncit aganis him, he nevir haveing caried arms aganis his native cuntrie, bot have bene alwayis straight toward the same, and readie and willing during his stay and employment in England to doe all dewtifull respectis and actis of kyndnes in his power to his cuntriemen, so that his misfortune hath proceidit from his error and ignorance and not from anie disloyaltie and malice aganis his cuntrie. And that upon the consideration therof the parliament wald be gratiouslie pleased to recall and annull the decreit, sentence and doom of forfaltor pronuncit aganis him and declare him frie and quyte therof simpliciter, and the suplicantis undertook that they sould present himselfe before the estates at anie competent tyme they sould appoint to receave and obey ther commandementis, as the suplication at mair lenth beirs. Quhilk suplication, being publictlie red in audience of the parliament, eftir that the samen had bene sene and considered be the severall bodies of the estates at ther meittingis apairt, and the samen suplication, with the desire therof, hard, considered and at lenth advyissed be the estates of parliament, and they also taking into ther consideration the deportment and cariage of the said Patrik, sumtyme erle of Forth abroad in forrane nations, with his respective cariage to his cuntrie men else whair and his remorse and sorrow for giving anie occasion of dislyik or offence to his native cuntrie, and offer made for him for subscryving of the covenant and giving assurance for his good behaveor intymcomeing, the saidis estates of parliament, upon consideration of the premise, eftir full debate in parliament and eftir voyceing, rescindis, recallis, annullis and declares voyid the process, decreit, sentence and doome of forfaltor led, given and pronuncit against the said Patrik, sumtyme erle of Forth upon the tuentie sext day of July 1644 yeiris sua farre as the samen decreit concerns or may be extendit aganis the said Patrick, sumtyme erle of Forth or his airs, landis, rentis and estate, and declares the said Patrik, erle of Forth and his foresaids to be simpliciter fred and quitt of the said decreit, sentence and doome of forfaltor in all tymcomeing. And the saidis estates of parliament doe heirby repone and restore the said Patrik, erle of Forth and his foresaids against the samen decreit and sentence of forfaltor and to his honors, dignities, landis, rentis, meanis and estate quhilks wer therby forfaulted, quhilk decreit and sentence of forfaultor the saids estates be thir presentis declares voyid, null and ineffectuall in all tymcomeing as said is, and, inrespect heirof, ordanis the said Patrik, erle of Forth to subscryve the covenant, give satisfaction to the church and assurance to the estates for his good behaveor intymcomeing; wpon the quhilk condition and provision of his subscryveing of the covenant, giving satisfaction to the church and assurance to the estate by acting himselfe for his good behaveor intymcomeing, the foresaid decreit and sentence of forfaltor given and pronuncit aganis him and sa far as concerns his pairt therof is heirby rescindit, recallit, anullit and declarit voyid and ineffectuall in maner beforerehearsit. And alse the estates of parliament declares that this present act of restitution sall nowayis be extendit to the principall sowme of ane hundereth and ten thousand merks nor to the annuelrentis therof quhilk was formarlie restand to the said Patrik Ruthven be umquhile Williame, 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 annuells therof quhilk was formarlie restand to the said Patrik Ruthven be David, erle of Southesk and his cautioners, conforme to the band and securities made therupon, bot declares the saids tua principall sowmes and haill anuelrentis therof, with the bandis and securities made to the said Patrik Ruthven, erle of Forth therupon, to be altogither excepted furth of the said restitution, and the said Patrik Ruthven, erle of Forth nor na uthers haveing richt fra him to have no right, title nor action for the samen in anie tymcomeing, seing the saidis sowmes ar disposed upon be the saids estates and ther committies for the publict use and the debtors hes made reall payment therof to the generall commissar or his deputtis or to some uther persones by publict ordor. And thairfore, and inrespect that the bands and securities granted be the said Patrik, erle of Forth for payment of the foresaids sowmes be the debtors therof wer not redelyverit to them the tyme of thair payment foresaid, being in the custodie of the said Patrik, erle of Forth, the saidis estates of parliament ordanis the said Patrik, erle of Forth to delyver to the saids debtors ther bandis and uther securities formarlie granted be them to him for his payment of the sowmes abonementioned to be cancellit and distroyit, or otherwayis, incaice the said Patrik, erle of Forth sall declare be his great aithe that he neither hes nor can get the saids bandis and securities, the saidis estates in that caise ordanis the said Patrik, erle of Forth to grant, subscryve and delyver sufficient and valide discharges of the saids bandis and securities and sowmes of money therinmentioned in favors of the persons principall and cautioners, debtors therintill, and of ther airs, executors and all uthers quhom it effeirs and wha may be concernd. And in the meantyme the saids estates declares the saids debtors and ther foresaids to be liberat and fred of the foresaids bandis and securities and payment of the sowmes therincontenit at the handis of the said Patrik, erle of Forth, his airs, executors, assigneys or anie haveing richt from him or them, and ratifies and approves what is done and past in favors of the saids debtors for ther liberation foresaid at anie tyme preceiding the date heirof, either by parliament or committie of estates. And siclyik the saids estates of parliament restoiris the said Patrik, erle of Forth and his foresaids to the right and benefite of his landis, honors, offices, dignities, priviledges, meanis and estate (upon the provision and with the declaration abonementioned) notwithstanding of the foresaid sentence of forfaltor to be bruiked and enjoyed be the said erle of Forth and his foresaids, conforme to his formar richtis and infeftmentis of the samen, as if the said sentence of forfaltor had not bene given nor pronuncit aganis him, and conforme to the act of parliament of the tuelt of Januar last made concerning these noblemen and uthers wha wer forfaulted and ar or sould be reponit aganis ther forfaltors.