[44 dies parlementi]
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Prayeris said, rollis called.
The quhilk day Sir Archbald Johnestoune of Wariestoune, knight, haveing bene upone the tent day of the moneth of Merche instant electit and choysen clerk of his hienes registeris, counsall and rollis, inrespect the said place wes vaikcand throw Sir Alexander Gibsone of Durie, knight, laite clerk of register, his falling under the compas of the act of classes, in maner contenit in ane act of this present sessioune of parliament; and the said Sir Archibald Johnestoune of Wariestoun, knight, being requyred be the saidis estates of parliament to give his oath anent his faithfull dischargeing of himselff in the said place as clerk register now intrusted be him, maid faith de fideli administratione and that he shall faythfullie and trewlie beheave himselff in the discharge of the said place as clerk of register, and therupone asked instrumentis.
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The estaites of parliament, taking to their consideratioune that ther are many places which fallis under the clerk of register, his charge, as his deputtis, which are now possest be severall persones who are guiltie of the crymes contenit in the act of classes maid in this present sessioune of parliament, thairfore they have ordained and ordaines Sir Archibald Johnestoune of Wariestoune, knight, now clerk of register, at the sight of the committee of estaites, or any subcommittee they shall appoynt, to purge out all these now under him who fallis within the compas of the said act of classes.
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The estaites of parliament ordaines Johne Dicksone of Hairtrie (in whais handis the keyes of these houses within the castell of Edinburgh where the registeris and recordis intrusted to the clerks of register lyes and remanes) to delyver to Sir Archbald Johnestoune of Wariestoune, knight, now clerk of register the saidis keyes, togidder with the saidis haill registeris, rollis, recordis and inventaris therof, whairanent thir presentis shall be to the said Johne Dicksone and to Sir Archbald Gibsone of Durie, knight, laite clerk of register, and all utheris whome it effeires ane sufficient warrand.
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The estaites of parliament, taking to thair consideratioune the supplicatioune given in to thame be the magistratis and counsall of the burgh of Aberdene, for thameselffis and in name and behalff of the inhabitantis of the said burgh, shewing the great soumes dew to thame by the publict, with ther losses and sufferinges, as the samyne are mentioned and instructed in the said supplicatioune; and that without present helpe they in that toune will be uterlie ruined; and thairfore desyreing, whill some uther effectual course be taken for ther releefe, that the mantenance and excyse which is dew and payable be thame for byganes and what sall be due in tyme to come may be allowed to the supplicantis in ther awne handis, as the supplicatioune mair fullie beires. And als considdering the reporte of the committee of commoune burdinges, whereunto the samyne wes remitted, finding the haill soumes resting to the said burgh cleirlie instructed (wherof ane great pairt formerlie approven and declaired [a] publict debt by act of parliament), and that ther will be due and restand to the said burgh in haill the soume of nyne hundreth tuentie sevin thousand, ane hundreth and twentie merkis, and no pairt therof peyed; and that it is the opinione of the said committee, inregarde of the great soumes advanced by the said burgh to the publict, and to encourage and strengthen the handis of their honest magistratis and ministeris, that the soume of ane thousand merkis monethlie continew suspendit as formerlie, and what of ther mantenance is formerlie suspendit and fund resting by the said burgh be allowed to thame in pairt of peyment of the soumes dew to thame by the publict; and that the excyse of the said burgh since the first of Februar last be assigned and allowed to thame in tyme cumeing whill ther Flemis and lent moneyis, with the annualrent therof, be compleitlie peyed; and that some present and effectuall course be taken for the farder reparatioune and releefe of the said burgh and that they be seriouslie recomendit to the committee of estaites for that effect. Quhilk supplicatioune and reporte therof being considderit by the estaites of parliament, they, inregarde of the present sadd and distrest conditioune of the said burgh of Aberdene, ordaine thame to be liberate and fred, and doe heerby dischairge and exoner the said burgh of Aberdene of all bygane monethlie mantenance ather restand unpeyed be thame or suspendit to thame for any monethis preceeding the first of Februar last 1649 yeeres, whereof the parliament declaires thame frie and allowis the samyne to thame in satisfactioune pro tanto of the soumes dew to thame be the publict. And farder the saidis estaites of parliament ordaines the soume of ane thousand pundis sterling to be allowed and payed to the magistratis of Aberdene out of the first and reddiest of the mantenance, excyse or uther publict dewis to be uplifted out of the said burgh of Aberdene or shire therof for the moneth of Februar last 1649 yeeres and subsequent monethis therefter, and to that effect, the saidis estaites gives heerby precept and warrand to the generall commissar and his deputtis to mak payment to the magistratis of Aberdene of the foirsaid ane thousand pundis sterling in maner foirsaid and declaires thir presentis, with their dischairge, to be ane sufficient warrand to the general commissar and his deputtis for ther exoneratioune in ther accomptis for the said thousand pundis sterling pro tanto, and ordaines the said soume to be imployed be the magistratis of Aberdene for making up of a pairt of the mortified moneyis in ther burgh tane up and advanced be thame for the use and service of the publict. And for the remanent memberis of their supplicatioune and reporte, with the actis and instructiounes therof concerneing the remanent soumes therinmentionat dew be the publict to the burgh of Aberdene, the saidis estaites of parliament remittis and recomendis the samyne in ane serious maner to the committee of estaites, that ane speedie and effectuall course be taken for the releefe and reparatioune of the burdinges and losses of the said burgh as the said committee shall think expedient.
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The estaites of parliament remittis to the laird of Swintoune, Sir James Hope, laird of Hairtrie, Mr Robert Barkcley and James Sword to considder, try and examine the process and decreittis of forfaltour of the laite laird of Haddo, [...] Logye, the laite lairdis of Newtoune and Harthill and to compaire thame with the proces and decreit of foirfaltour of the laite marques of Huntlie, with power to thame to call and conveene befoir thame the said laite marques, and, after tryall of the whole mater in relatioune to his guyltines, to reporte their judgment and opinion therof to the parliament.
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The estaites of parliament, haveing heard the reporte of the committee appoynted for taking consideratioune of the difference betuixt the shires of Aberdene, Banff and Kincardine, bearing that they had heard all perties to the full and compaired ther severall proportiounes of horse, togither with the mantenance and the valuatiounes of the saidis severall shires, find and declaires that ther were imposed upone the saidis thrie schires the number of thrie hundreth and fourtie horses promiscuouslie, and that the saidis horses sould have bene devydit and put furth proportionallie as efterfollowes, viz: the said shirefdome of Aberdene, the number of twa hundreth and threttie horses; the said shirefdome of Banff, fyftie foure; and the said shirefdome of Banff†, fyftie sex, whilk makis up in all the said number of thrie hundreth and fourtie horses. And siclyk find and declaire that in ther proportiounes of the thrid pairt of this present levie they sould put out the numberis of horse following, viz: the shirefdome of Aberdene, the number of ane hundreth and fyftie foure; the shirefdome of Banff, threttie six; and the shirefdome of Kincardine, threttie sevin. And als that albeit the said shirefdome of Aberdene susteand the greatest burding inregaird of ther rent and valuatioune, and the schires of Banff and Kincairdin have the greatest ease, that yit, notwithstanding therof, this is the most equall way of divisioune which can be agreed upone for the present untill the severall valuatiounes of the samyne schyres be brought in and perfytted; at which tyme the saidis estaites declaire they will take further course theranent as they sall find expedient. And ordaines thir presentis to be the reull of the divisioune of ther proportiounes till the tyme forsaid.
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The quhilk day in presence of the estaites of parliament compeired Robert, viscount of Arbuthnot and protested, for himselff and in name and behalff of the shirefdome of Kincardin, that the act of parliament maid this day for divisioune of the shires of Kincardin, Aberdene and Banff in the outreike of ther horses in this present levie, in the whilk act, for fulfilling of ane former act of this parliament wherby the saidis estaites of parliament have imposed twa hundreth and twentie sevin horses upone the saides thrie schires promiscuouslie, the saids estaites of parliament hes ordained the schire of Aberdene to furneis ane hundreth fyftie foure horses, the schyre of Banff to furneis threttie sex horses and the said schyre of Kincardin to furneis threttie sevin horses, and this proportioune to be observed untill the severall valuatiounes be brought in and perfyted, at which tyme the saidis estaites of parliament may take farder course therin as they sall think expedient, sould nawayes prejudge the said Robert, vicount of Arbuthnot nor the foirsaid schyre of Kincardine and heritors therof and utheris outputteris of the foirsaidis horsses, and this inrespect, primo: that the said schyre of Kincardine aught nawayes to be burdened with more then the thrid of the double number whilk they were appointed and did put furth in the yeere of God 1643; secundo: inrespect that be this divisioune the said shire of Kincardin is burdened with more horse then will fall thame to put furth according to thair mantenance and valuatiounes, the samyne being compared with the uther twa shires; tertio: inrespect the commissioneris of the said shire wes not heard befoir the approveing of the reporte, wherupone the said act of divisioune proceedit; and quarto: inrespect they being a distinct schire frome the shires of Aberdene and Banff, aught not to be burdened with the outreik of more horse, nor according to the valuatioune and mantenance without any relaxatioune to the shirefdome of Aberdene, being distinct as said is.
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The estaites of parliament, haveing taken to their consideratioune the supplicatioune given in to thame be Alexander Dowglas, commissioner for the toune of Banff, for himselff and in name of the rest of the heretors of the shire of Banff, makand mentioune that whairas the landis of Innerugrie and Strathloche, lyand within the shire of Banff, was valued within the said shire and payed loane and taxt conforme, with tent and twentie pennies and mantenance layd theron, conforme to the same valuatioune; and in reference therto hath put out horses in all tyme bygane and fute levies, conforme to rollis given up, and doe presentlie pay to the fermoreris of the excyse ther monethlie excyse as a pairt of the said shire; notwithstanding of all which the shire and committee of Aberdene, upone ane act appointing mantenance to be peyed in the shire where they lye locallie, as if these landis were a pairt of Banff be annexatioune, they doe deteine the said supplicantis, ther mantenance, to their great prejudice. Supplicating therefore that the saidis estaites of parliament might declaire the saidis landis to be lyable in mantenance to the said shire of Banff whereof it is a part, as also to pey all publict dewis as horse, foote or utheris imposed on thame, as at mair lenth is contenit in the said supplicatioune. Whilk being remitted to the committee of billis to be considderit be thame and to take tryell whidder the saidis landis controvertit lyes locallie within the shire of Banff or Aberdene, who haveing fund be ane chartor under the great seall that the saidis landis lyes within the schyre of Banff, the saidis estats of parliament hes remitted and remittis to the committee of estaites to try whidder the landis of Innerugrie and Strathloche hes beine valued and chairged to mak payment in the schire of Aberdene or in the shire of Banff. And the saidis estaites of parliament declaires that this sall nawayes prejudge nor hinder the present levie, bot that the said shire of Banff is ordained to put out ther horse and fute as they have bene in use to doe formerlie notwithstanding heirof.
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The estaites of parliament, haveing taken to ther consideratioune the supplicatioune given in to thame be Johne, erle of Cassillis, lord Kennedy etc., makand mentioune that quher the said supplicant did voluntarlie lend to the use of the publict and for interteaning of the Scottish forces in Ireland in their great extremitie in anno 1643 the soume of fyve hundreth pundis sterling, whereof as yit he hes never receaved one pennie principall or annuelrent; as also hes peyed to Sir William Dick the soume of foure thousand merks as a pairt of his two hundreth thousand merk band, which, with diverse termes annuelrent, is yeet addebtit to the supplicant; and altho he had trust of some of the estaites moneyis when utheris gott bothe preceptis and payment, he nether gott, soght nor would receave either. Thairfore supplicating the saidis estaites that he might have warrand for payment of the halff of the saidis soumes, to be borrowed frome some of his owne qualitie whais cariage in the publict effairs the saidis estaites are satisfied with, that they might be put in equall fitting with him, not haveing occasioune to mock at his affectioune to the estaites service; and that the supplicant might be eased of some of the burdinges he lyes under for the saides estaites, wherin he desyres yit not to be singular, bot that the same course might be taken with utheris who haveing beine constant in the caus and faithfull to the estaites, appeared for them against the laite Engagement, who have lent considerable soumes and might be eased by borrowing frome Engageris of ther owne qualitie. Withall the said supplicant declared that except ther should be a generall course taken for releefe of utheris with whose behaviors the estaites are satisfied, he wald pass frome this bill, as at mair lenth is contenit in the said supplicatioune. The said Johne, erle of Cassillis compeirand personallie, wha, for instructing of the said supplicatioun, produced ane ticket granted be Johne Joussie, merchand burges of Edinburgh, receaver for the Scottish army than in Ireland (in absence of Williame Thomesone), and haveand warrand to receave all moneyis which were than advanced and lent for supplie of the said army; wherby the said Johne Jowssy grantis to have receaved fra the said erle of Cassillis the soume of six thousand pundis Scottis towardis the interteanment of the said army in Ireland; whilk soume, with the annuelrent therof frome the sevinth of Merch 1643, is to be repayed to the said Johne, erle of Cassillis, his aires, executors or assigneyis, conforme to the act of privie counsall, commissionaris for the peace and commoune burdinges, daittit fourt of Merch 1643, as the said ticket the sevinth day of the said moneth of Merch at mair lenth beires. And siclyke produced ane act of counsall of the nynth of Merch 1643, declaireing the foirsaid soume of six thousand pundis to have bene lent be the said Johne, erle of Cassillis for the caus foirsaid, and that the samyne sall be payed to him, his aires, executors or assigneyis, as the said act at mair lenth beires. And farder produced, for instructing of the payment of the foure thousand merkis to the said Sir Williame Dick, ane discharge granted be the said Sir Williame, bearing him to have receaved the foirsaid soume of foure thousand merks Scottis as the said erle of Cassillis, his dividuall [...] of two hundredth thousand merkis lent be the said Sir Williame to certane noblemen, barrones and utheris contenit in ane contract maid theranent, and thairfore discharging the said erle of the said principall soume, annuelrentis and expenses contenit in the said contract, haill tennor and contentis therof, and all executioune raised or to be raised sa farr as may be extendit to the said erle, and making him cessionar and assigney in and to the foirsaid soume of foure thousand merkis and to the annuelrentis therof quhill the samyne be repayed to him be the publict, as the said dischairge of the daite the 27 of Julii 1646 at mair lenth beires. Quhilk supplicatioune being remitted to the committee of billis to be considderit and to sie the samyne instructit and give ther opinion theranent, wha haveing reported ther opinion to the saidis estaites of parliament; lykeas the saidis estaites, haveing taken the said supplicatioune, with the verificatiounes therof, to ther consideratioune, they thane ordained the said Johne, erle of Cassillis to be satisfied of the haill soumes of money principall and annuelrentis contenit in his said supplicatioune. And therefter the said erle, being personallie present as said is, did declaire that albeit the saidis estaits of parliament had bene pleased to condiscend and ordaine him to be fullie payed of his haill soumes principall and annuellis, yit knowing the necessitie of utheris and the great neid the publict stood in for present moneyis, he wes content to accept for the present the equall half of his soumes. Whairupon the saidis estates of parliament hes ordained and ordaines the said Johne, erle of Cassillis to be satisfied and payed of the just and equall half of the soumes of money abonewrittin ather lent be him to the publict or payed be him to the said Sir Williame Dick, with the haill annuelrentis therof correspondent therto, and that to be uplifted and payed out of the moneyis to be borrowed frome such of the said erle, his own qualitie, whais cariage in the publict effairs the saidis estaites of parliament are not satisfied with. And the said estaites of parliament hes recommendit and doe seriouslie recomend to the committee appoynted for moneyis that some effectuall course may be taken for the said erle, his speedie and reall payment.
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Anent the supplicatioune given in to the estaites of parliament be Williame Mure of Glanderstoune againes Alexander Fergusone of Kilkerrane, desyreing to be given up to him the soume of fyftie pundis sterling consignit be the said Alexander in the clerk of the committee of billis handis as the pryce of ane horse, with pistollis and furnitor, violentlie plundered be the said Alexander fra the supplicant in August last when the supplicant wes comeing to joyne with these wha were than in armes against the prosequteris of the laite unlaufull Engagement, and quherupone the supplicant, haveing meaned himselff to the committee of estaites, obtenit decreit againes the said laird of Kilkerrane and for fyve pundis sterling farder not consignit, as the said supplicatioune in the selff at mair lenth beires. The said Williame Mure of Glanderstoune compeirand personallie in presence of the committee of parliament appoynted for billis, declaired that he adheered to his said supplicatioune and desyre of the same and, for instructing therof, produced in ther presence ane decreit of the committee of estaites of the tennor foirsaid, daittit the [...] day of [...] lastbypast. And als compeired befoir the said committee the said Alexander Fergusone, and alledgit that he aught to be assoilyeit fra the said supplicatioune and desyre therof becaus the said Williame Mure, supplicant, agreed the tyme of the taking of the said horse with the Lord Montgomrie that if his horse sould returne unspoyled, he should accept him, and if not, he should accept such pryce as his brother gave for him in Ireland. To the quhilk it being answerit be the supplicant that the alledgance wes nawayes relevant unles it were alledgit that he had maid the said conditione not being prisoner with the saidis Lord Montgomrie and Kilkerrane, pertie complenit upone, and that no conditioune maid be him as prisoner could be respectit; and secondlie, that albeit it were alledgit, as it cannot be, that the supplicant had maid the promeis when he wes not prisoner, yit the alledgance is not relevant unles it were also alledgit that conforme therto the horse or his pryce was accordinglie sent and offered to the supplicant immediatlie efter the Lord Montgomrie and Kilkerrane, ther returne frome ther expeditioune, whilk wes not done. Whilkis alledgance, anser maid therto, decreit foirsaid and supplicatioune, with the remanent alledgances and answers maid and alledgit be ather of the saidis perties, being heard be the foirsaid committee, the perties compeirand, what farder ather of thame had to say in the said mater viva voce, they reported the samyne with ther opinion theranent to the saides estaites of parliament. Whairwith the saidis estaites, being weill and rypelie advysed, efter reading and consideratioune therof, they repelled the foirsaid alledgance inrespect of the anser and reply maid therto, and have ordained and ordaines the said soume of fyftie pundis sterling consignit as said is to be given up to the said supplicant upone his sufficient acquittance and dischairge of the recept therof, and als decernis and ordaines the decreit foirsaid of the said committee of estaites to be put to farder executioune efter the forme and tennor therof in all poyntis againes the said Alexander Fergusone of Kilkerrane ay and quhill he mak payment to the said William Mure, supplicant, of the said uther sowme of fyve pundis sterling contenit in the said decreit and not constranit as said is.
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The estaites of parliament, haveing taken to ther consideratioune the supplicatioune given in to thame be Collonell Robert Montgomrie, makand mentioune that quhairas in prosecuteing the service some few yeeres agoe thair wes a pertie of the supplicant, his regiment, discipat under the command of Collonell Harie Barkcley at Aberdene and sixtie of his number wanting ther, as wes instructed at the parliament which held at St Andrewis, whair the estaites of parliament, taking the supplicant, his caice, into consideratioune, ordered him ane assignement upone some delinquentis upone six thousand punds, the ingathering whereof the said supplicant then often attempted to his great chairge and loss, bot finding obstructiounes in the meane tyme, out of that affectioune the said supplicant caried to the service, did presentlie advance that money out of his owne purse and mounted the number lost, compleeting the regiment; notwithstanding wherof, the supplicant lyes yit out of the said soume and hath hitherto had nothing repayed to his great prejudice. Mairover, the supplicant, being one of the number who wes upone the service at Phillopehauche, is yit unsatisfied of a proportioune of that monethis meanes then assigned them, both which the commissar can testifie; and being now surprised with the strictnes of ane ordour requyreing ilk officer presentlie to attend his chairge, quhen as the supplicant had generall concernementis to agitate, yit laying all particular effairs asyde and resolveing to obey the saidis estaites of parliament's directiounes, as at mair lenth is contenit in the said supplicatione. Whilk being heard and considderit be the committee appoynted for commoune burdingis and reported be thame to the estaites of parliament, they have ordained and ordaines the said Collonell Robert Montgomrie, supplicant, to be satisfied and peyed of the soume of fyve hundreth pundis sterling as for the mounting and outreiking of the sixtie horses abonewrittin, and that out of the first and reddiest of any fines or borrowed moneyis imposed or to be imposed or borrowed be the committee of moneyis now appoynted.
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The estaites of parliament hes ordained and ordaines the just and equall halff of all borrowed moneyis and fynes to be imposed upone anie persones to be applyed to the use of the persones wha sall find out the pairties for whome the money sall be borrowed or upone whome fynes is to be imposed, they alwayes being creditors to the publict; and hes ordained and ordaines the uther halff of the saidis fynes and borrowed moneyis to be applyed to the use of the publict.
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The estates of parlement, taking to ther consideratioune ane supplicatioune given in be Sir Johne Broune of Fordell, knyght, shewing that he had borrowed upone his credite and band severall soumes of money which wes debursed be him for the use of the publict, and for repeyment of which soumes he receaved severall actis of parliament and committees, and last in October 1648 wherin he wes assigned to seven monethis mantenance dew by the toune of Dundie and chairged the provest and baillies of the said burgh with letters of horning for peyment making therof; and, in obedience therof, the saids provest and baillies granted him a band conforme therto, notwithstanding whereof the said burgh hes sensyne procured ane warrand and exemptioune frome the parliament for two monethis of the saids sevin monethis mantenance; and thairfore desyreing that the parliament wald declare that the said exemptioune sould nawayes be prejudiciall to him for the monethis mantenance formerlie assignit to him and contenit in the said band granted to him be the said toune of Dundie, as at mair lenth is contenit in the said supplicatioune. Whilk being taken into consideratioune be the saidis estaites of parliament, they have declaired and declaires that the said exemptioune granted to the said burgh of Dundie sall nawayes be prejudiciall to the said Sir Johne Broune, supplicant, for the monethis mantenance formerlie assigned to him by the committee of estaites in maner and for the caus abonespeit and contenit in the band granted to the said Sir Johne by the provest and baillies of the said burgh; and hes dischairged and dischairges any act granted to the toune of Dundie in prejudice of the said band granted be the said toune to the said Sir Johne Broune; and ordaines siclyk letters to be direct heirupone againes the toune of Dundie for peyment of the soumes contenit in the said band in swa farr as the samyne may be extendit to twa monethis mantenance aughtand be the said toune as might have bene direct upone the foirsaid band grantit to him befoir the act of exemptioune granted to the said toune.
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The estaites of parlement, taking to their consideratioune the supplicatioun given in to thame be Master James Campbell, provest of Dumbartane, bearing that ther is fund dew to the supplicant be act of the committee of estaites of the threttie day of October last the soume of aucht thousand, thrie hundreth fourscoir fourtene pundis Scottis for victuall and money necessarlie furnished be him to the garisone of Dumbartane at the desyre of the parliament at St Andrewis, which, with the interest therof, is appoynted to be payed to the said supplicant, conforme to the said act, as the samyne and ane precept therupone beires; notwithstanding whereof, he hes receaved no payment albeit the said soume wes advanced for the furnishing foirsaid in the begining of the yeere 1646, and thairfore supplicating the saidis estaites of parliament that he may be payed of the foirsaid soumes, principal and annuellis, out of the first and reddiest of the fynes or moneyis gottin aff the lairdis of Pluscarden and Cromartie, Collonell Hew Fraser, [...] Lumlair and ther adherenits in ther laite rebellioun in the north whill the supplicant be compleitlie payed, utherwayes it will tend to the said supplicant, his heavie prejudice, if not rueing, as at mair lenth is contenit in the said supplicatioune. Whilk supplicatioune, togidder with the opinion of the committee of billis given anent the desyre therof, being heard and considderit be the saidis estaites of parliament, they approve the foirsaid supplicatioune and ordaines the said supplicant to be peyed out of the first and reddiest of the fynes or moneyis gottin of the lairdis of Pluscarden and Cromartie, Collonell Hew Fraser, [...] Monro of Lumlair and ther adherentis in ther laite rebellioune foirsaid.
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The estaites of parliament, taking to ther consideratioune that throw the payment of the forces (according to the last muster rollis) the publict is greatlie damnified and prejudged, thairfore they have dischairged and dischairges Sir James Stewart of Kirkfeild, knyght, generall commissar, to mak payment to the saidis forces according to the former muster rollis, bot allanerlie as they have effective and reall men, and appoyntis new rollis to be brought in to the generall commissar for that effect.
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The estaites of parliament ordaines Johne, erle of Lowdoune, lord high chancellour of Scotland, to give warrand for passing of letters of horning againes any persone, haveris of the keyis of the house and manse pertening to the minister of Dalmenyie, to delyver the saidis keyes to Mr Johne Durie, present minister therof, under the payne of rebellioune.
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The estates of parliament, considdering that they be thair act of the daite the tent day of Merche instant, haveing nominat and elected Mr Thomas Nicolsone, advocat, to be his majesties advocat, and given and granted to him all honors, dignities, fies, casualities, liberties, priviledges, immunities, commodities, emolumentis, proffeittis and dewties pertening to the said office of his maties advocat of this kingdome, to be peaceablie bruiked and injoyed be him ad vitam vel culpam, as the said act of parliament of the daite foirsaid mair fullie proportis. And the saidis estaites of parliament haveing this day called befoir thame the said Mr Thomas Nicolsone to accept the said office and place as his maties advocat in and upone him, the said Master Thomas Nicolsone compeired personallie in face of parliament, accepted the said place and office of his maties advocat in and upone him and maid faith de fideli administratione in the said office as his maties advocat, and thairupone asked instrumentis.
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The estates of parliament, taking to thair consideratioune the desyre of ane supplicatioune given in be Alexander, erle of Eglintoune, shewing that be diverse actis of parliament and be ane act of the laite committee of estaites he wes ordained to be payed of the soume of threttie thousand, foure hundred thriescoir sextene merkis Scottis money, with the annuelrent therof since Witsonday last, as a pairt of greater soumes addebtit to me by the publict, and seing the parliament have thought fitt that moneyis be borrowed frome such persones as they have qualified by ane act of this present parliament, and thairfore desyreing that the parliament wald authorize him by ther act to be peyed of the foirsaid soume out of the moneyis to be borrowed frome the persones following, viz: [...]†, as at mair lenth is contenit in the said supplicatioune. Whilk being heard and considdered be the saidis estaites of parliament, they have ordained and ordaines the foirsaid soume of threttie thousand, foure hundreth thriescoir sextene merkis, with the annuelrent therof since Witsonday 1648, as a pairt of greater soumes addebtit to the erle of Eglintoune be the publict, to be peyit to him, and that out of the first and reddiest of any soumes which sall happen to be borrowed for the publict use frome the foirsaidis persones; and hes recommendit and recommendis to the committee of moneyis that some reall and effectuall course may be taken for satisfieing the said erle of the foirsaid soume.
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The estaites of parliament, haveing taken to ther consideratioune that throw the sentences of depositiounes againes the eght ordinar lordis of sessioun in this present sessioune of parliament, the saidis eght places are all vaikand, and that for the more expeditious way of administratioune of justice, it is necessar that the saidis places be filled and planted be honest, hable, qualified and sufficient men, fitt for the dischairge of the saidis places, thairfore the saidis estates of parliament have nominat and electit Sir Hew Campbell of Cessnok, Allexander Brodie of that ilk, Sir James Hope of Hoptoun, Sir William Scot of Clerkington, Mr George Windram of Libertoun, Mr Robert Bruce of Bromhall, Mr Allexander Pearson of Suthhall and Mr Robert McGill of Fuird†, to be eght ordinar lordis of sessioune and senators of the colledge of justice in the saidis vaikand places, and that ad vitam aut culpam, and judges for administratioune of justice to the leidges, conforme to the foundatioun and erectioune of that soverane judicatorie of the colledge of justice; and gives and dispones to the saidis eght ordinar lordis foirsaidis, and to ilk ane of thame ad vitam vel culpam as said is, the eght ordinarie places of the saidis sevin† ordinar lordis and senators of the colledge of justice now vaikcand be reasone a foirsaid, with all honors, dignities, fies, proffeittis, casualties, immunities, liberties and priviledges whatsomever perteaning and belonging to the ordinar lordis and senators of the colledge of justice and ther places therof, to be bruiked and possest be the persones abonenamed now nominat and electit therto as said is and ilk ane of thame siclyke and with all respectis and priviledges, fies, casualities, immunities, liberties and proffeittis whatsomever as the samyne hath bene bruiked and possest be any preceeding lordis and senators of the colledge of justice, and which the saidis lordis and senators foirsaidis may now bruke and enjoy by the lawis of this kingdome ad vitam aut culpam, conforme to former actis of parliament. Lykas the saidis estates of parliament, considdering that ther are two places of the extraordinar lordis of sessioune now vaikcand, ane therof be reasone of the sentence of deprivatioune past in this present sessioune of parliament, and the uther be deceas of umquhill Johne, lord Balmerino, thairfore the saidis estaites of parliament have nominat and elected Johne, erle of Cassillis and James, lord Couper to be tuo of the extraordinar lordis of sessioune and senators of the colledge of justice, with all honors, dignities, immunities, liberties and priviledges whatsomever belonging to the extraordinar lordis of sessioune, and ther places to be bruiked and possest be the foirsaidis twa lordis nominat and elected therto as said is siclyke and with all respectis as the samyne hath bene possest and bruiked be any preceeding extraordinar lordis of sessioune and which may be now bruiked and enjoyed be thame by the lawis of this kingdome.
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The estates etc. anent the lybellit precept direct for citeing of Sir Johnne Leslie of Newtoune, knight, ane of the senators of the colledge of justice, makand mentioune that quher the saidis estates of parliament, considdering that be ther act of classes of the [...] day of [...] last it is statute and ordained that all officeris of estaite, memberis or clerkis of parliament, secreit counsall, sessioune, exchequher, justice courtis, commissioun for plantatioun of kirkis, baillies of regalitie courtis, wardane courtis of his maties mynthous, admirall courtis, gildcourtis, toune counsall or any uther publict judicatorie or deacones of crafts, and all who had any office or publict trust, and all haveing dependence or deputatioune upone these or any of these afoirsaid who were guiltie of any of the faultis contenit in the foure severall classes mentionat in the foirsaid act, be removed be this parliament (or such committees or persones as sall be by thame authorized with power to that effect) frome their present places and offices and all uther publict trust mentionat in the act of classes at St Andrewis or which hes deputatioune frome or dependence upone the foirnamed judicatories or offices, and that these places belonging to them ad vitam vel culpam be declaired vaiccand, that the samyne may be filled with uther persones qualified in maner mentionat in the said act, and that the saidis persones are dischairge[d] frome medling with any exerceis, badge or benefeit of thair saidis places and offices under the paine of confiscatioune of their moveables, lyfrent of thair estates, imprisonment of ther persones and being declaired for ever uncapable of the meanest publict trust within the kingdome; and that be the foirsaid act the estaites hes declaired that naine of the foirsaidis persones wha are guilty of the foirsaids crymes contenit in the saidis foure classes respective sall be capable of or admitted to any publict place, office or trust afoirmentionat within this kingdome for the tymes and in the maner respective mentionat in the said act in relatioune to the classes mentionat therin. And the estaites, finding it most necessarie for the purgeing of the foirsaidis judicatories that all persones and memberis of the foirsaidis places or offices afoirsaid be tryed conforme to the foirsaid act and anent the chairge given to the said Sir Johne Leslie of Newtoune to have compeirit befoir the estaites of parliament or their committes appoynted or to be appoynted for that effect at ane certane day bygane, to have heard and sene it fund and declaired that the said Sir Johne Leslie is guiltie of the foresaid crymes and faultis or ane or uther of thame mentionat in the saidis foure classes abonespeit respective, and to have heard and seene him removed frome his present place and office and the samyne declaired vaiccand, to the effect the samyne may be filled up with uther persones qualifeit in maner mentionat in the said act, as at mair lenth is contenit in the said precept. Whilk being called in presence of parliament upone the aught day of Februar last, compeired personallie [...], procuratour for the saids estaites, and produced the foirsaid precept, togither with the executiounes therof, beiring the said Sir Johne Leslie of Newtoune, knight, and diverse utheris therincontenit to have bene upone the penult and last dayes of Januar 1649 yeeres laufullie summond to have compeired personallie the sevint of Februar last be Johne Fleming, maessar, conforme to the executioune produced, subscribed and stampted be him, to have heard and sene decreit given againes him in maner befoir and efterspeit. And the said Sir Johne Leslie of Newtoune, knight, being thrie severall tymes called be ane maisser at the utter doore of the parliament hall and compeirand personallie, the saids perties rightis, reasones and allegatiounes being at lenth heard be the parliament, they than remitted the said mater, togither with the instructiounes given in be the procurators of estaite and defences given in be the said Sir Johne Leslie, to the committee of dispatches, to be considdered and to be reported be thame to the saidis estaites of parliament; wha haveing accordinglie met and haveing considdered the foirsaid precept and paperis given in for instructing therof, togither with the defences given in be the said Sir Johne Leslie, and haveing reported the samyne in parliament, the saidis estates of parliament does find and declaire that the said Sir Johne Leslie of Newtoune is guiltie of these crymes contenit in that article in the second class maid anent these who concurred in petitiones, protestatiounes, remonstrances or letters for moveing the parliament or committee to carie on the Ingadgement, and anent these who protested againes petitiones of presbytries againes the Ingadgment, and thairfore hes incurred the censure to be imposed on these who sould be fund in the second class; and thairfore hes removed and removes the said Sir Johne Leslie frome his place as being ane of the ordinar lordis of sessioune and declaires the samen place to be now vaiccand, to the effect the samyne may be filled with some uther qualified persone in maner mentionat in the said act, becaus it wes alledgit be the said Sir Johne Leslie of Newtoune that he aught to be declaired frie of all offences contenit in the said act of classes and his adherence to ane protestatioune, haveing ane declaratioune in the end therof, cannot be drawne to the second class of the said act of classes for the reasones following: First, becaus protestatiounes mentionat therin are such as were maid for moveing the parliament or committees to carie on the Ingadgement, bot the protestatioune qualifeit be the said declaratioun wherin the said Sir Johne Leslie concurred cannot be thought be any to be of that nature becaus it was long after the act of levie (of the 4 of Maii last) and all fullie concluded in parliament. Iff he had adheered to a protestatioun against a supplicatioune presented to the parliament befoir the act wes maid, ther might be some schew of reasone pretendit he had no mynd of the Ingadgment, no carieing on therof. Secondlie, said act wes the [...] day of Maii last presentit be the noblemen of the shire of Fyff (who were all present) to the committee at Couper, the executioun therof vehementlie urged and often ther told the supplicantis wold be holden be the parliament [as] opposeris of ther act and so lyable to the paines therinexprest. For preventing of the evillis threatned, the said Sir Johne adhered to that protestatioun qualified as said is least he should be estimat to resist the act of ane laufull parliament for levieing of horse and foote, which feare shortelie thairefter moved the petitioneris to give reall obedience in the outreik of horse and foote. And as these petitioneris are not called in questione or classed for furnishing of horse and foote to that unhappie Ingadgment, which wes ane full advancement therof in sua farr as concerned thame, no more can the said Sir Johne be questioned for condiscending to obey the act for eschewing of plundering, quartering or uther extreame straites. Thirdlie, in the paper subscribed be the said Sir Johne Leslie (called a protestatioun) they declaire they adheere to the actis and declarationes of parliament for prosecuteing of all the endis of the covenant, which the parliament professed to be ther mayne intentioune and cheefe designe; that protestatioun or declaratioune cannot properlie be said to be against the petitione as is pretendit bot materiallie the same and different onlie in wordis and appearance, for the desire of the petitioneris that the levie and Engadgment be delayed till the groundis therof be cleired to the kirk, whose concernment wes onlie in religioune and endis of the covenant, and the declaratioun and the said Sir Johnne, his intentione, wes for the same, viz: safety of religione and prosecuting all the endis of the covenant, and differ in nothing bot onlie that the petitioners desired some delay and a slow progres in the levie and Ingadgment till ther judgment were satisfied; and the said Sir Johne consented to the act, that he might not incurr the hard censure contenit in the 5 page of the said act, viz: be estimat as enemies to and hindereris of the publict service of the kingdome in persueance of the endis of the covenant. Fourthlie, to schew to the saidis estaites of parliament the said Sir Johnne, his honest meaning in adhereing to that protestatioun, he declaires he subscribed it to cleare for what end he did protest and to saife himselff frome uther irrelevant reasones or indirect endis that might have bene insert in the protestatioun and reported in his name. He did and does still disclame all uther endis. He approved the mater of the said supplicatioun of the committee of Fyff, wished it be granted, wes sorie the same wes rejected, and for the greiff of the supplicants, caried himselff modestlie that day at Couper, concurred with the supplicants therefter in the committee and wes so farr frome advyseing any rigorous course for constraining the unwilling, he did not think for provyding of horse and foote till the petitioneris condiscendit to obey ther act, as peyment can testifie. He wes never upone plott, violent course or counsall against religione or countrey. He loves reformatioun so weill that he wishes frome his heart that England, Ireland and all uther churches elsquher as the church of Scotland is. And in his place of publict trust he walked impartiallie towardis all in integritie. The removeing of him frome the same wald nether harme or displeas him if it were not accompanied with ignominious aspersiones, unpleasant markis and alledged crymes quherof he is frie and innocent, which is so evidentlie knowne that it will mak ther malicious calumnies and misreportis who miscontruous him to evanish. Whilkis defences being heard and considdered be the parliament, they repelled the saidis defences as nawayes relevant and sustenit the said persuite notwithstanding therof. And thairfore, as also becaus that efter the saidis estaites of parliament had heard and receaved the defences given be the said Sir Johne Leslie, togither with the paperis given in be the procurators of estaite for instructing the said precept, and had remitted the same to be considdered be the committee of dispatches and reported be thame to the parliament; wha accordinglie haveing met theranent, they be ther reporte did find the said Sir Johne Leslie (besyde many utheris) to have subscribed ane paper relateing that they, haveing seene and considdered ane petitione drawne up to the honorable estaites of parliament or committee of estaites be the committee of warr of the shire of Fyff, desyreing that the parliament wald not proceed to ane levie or ingadgment without the groundis therof were cleare to the churche and they satisfied theranent, which did proceed upone severall supplicatiounes exhibited to the shire be the presbytrie, the universitie of St Andrewis and severall burghes of the shire, thairfore they, for the reassones contenit in the protestatioun maid againes the same be the erle of Craufurd, for himselff and diverse noblemen and gentlemen of that shire upone the 18 and 19 of Maii 1648, did adheere to the dissasent, protestatioun and appeall maid againes the same; and that upone the second day of Junii last the said paper so subscryved is red in parliament and thankis returned to the subscryveris therof efter the reiding of a contrair protestatioun. Be the which (by and attor the notorietie of the said Sir Johne, his cariage in the prosecuteing of the said Ingadgment in committees and utherwayes) it dothe evidentlie appeare that the said Sir Johnne is manifestlie guiltie of these crymes contenit in that article of the second class maid against these who concurred in petitiounes, protestatiounes, remonstrances or letters for moveing the parliament or commitees to carie on the Ingadgment, and anent these quho had protested againes petitiones of presbytries maid againes the same Ingadgment, and thairfore hes incurred the censure to be imposed upone these wha sall be fund in the second class. With the which reporte maid be the committee of dispatches, togither with the severall paperis given in for instructing therof, the saidis estates of parliament, being weill and rypelie advysed, they inrespect therof gave ther decreit and sentence in the said mater in maner foirsaid.