47 dies parlementi
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Prayeris said, rollis called.
The estates of parliament, taking to consideratioune the many distemperis and sadd conditioune of thir tymes occasioned by civill warres and distractiounes, and that in such caices the best counsallis and actiounes of former ages have bene misconstructed, most men being led by passione, factione and private interest, wherby the treuth hath alwayes suffered and the historie hath bene many tymes unfaithfullie transmitted to after ages and the posteritie abused, the treuth of proceedinges concealled or called in questione, men left to uncertanties, not knowing what to beleeve; and now for preventing of such inconvenientis which may follow upone our troubles and calamities, the estates of parliament doe seriouslie recommend to the committee of estates to think upone and appoynte some able and sufficient man for drawing up, compylling and wreating the historie, recordis and chronicles of the tyme; with power to thame to appoynt to him thrie hundreth merkis monethlie for his paines, and hes recommended to the committee of estaites and moneyis that this soume may be dewlie peyed to him out of any moneyis that shall be gottin in, and that he be preferred in payment to any utheris.
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The estates of parliament, haveing heard the supplicatioune of Sir Johne Weymes of Bogie, shewing that the estates of parliament in the moneth of Maii 1648 gave ordour for fitting of the accomptis of the said Sir Johne of his publict intromissiounes preceeding that tyme, and it wes then fund that he wes superexpendit in the soume of twa hundreth thrie thousand, fyve hundreth thriescoir fyve pundis, nyntene schillinges; for his releefe whereof, they were pleased to pass severall actis. Yitt the laite committee of estaites, haveing dischairged him of all farder intromissioune with any publict moneyis, and finding it most just that some course were taken for the releefe of the said Sir Johne, his superexpenses, they be thair act of the twentie eight day of December last, upone a new perusall of his accomptis, fand the soumes contenit in his old accomptis (which maid the superexpenses therof and ware not reallie payed befoir September last, bot were ather taken in upone trust or given band for by him or assignit to be payed by the schires) to be a publict debt and the said Sir Johne to be exonerit therof. And becaus severall of these persones who have his band doe still keepe up the same of intentioune to trouble him, therwith and thairfore humblie craveand the approbatioune of the act foirsaid, as at mair lenth is contenit in the said supplicatioune. Whilk being seriouslie considderit be the saidis estaites of parliament, and they haveing also perused the list of the same to whome he is debtor, contenit in ane act of committee of the said twentie eight of December 1648, and haveing considderit the groundis of the said act and at lenth debaitted therupone and what could be alledgit in mantenance and defence of the samen bandis, the estaites of parliament, efter mature deliberatioune, doe by these presentis ratifie and approve the said act of committee of the daite the twentie aught day of December last in all the heidis, articles and clauses therof, and interpones the authoritie of parliament therunto and holdis the samen as verbatim heirin insert, and declaires him frie of all payment of the soumes wherin he standis obleidged to the persones contenit in the list mentioned in the foirsaid act.
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The estates of parliament, haveing taken to their consideratioune the supplicatioune given in to thame be the laird of Brodie, for himselff and in name of his mother and the relict and bairnes of umquhile Coleine Campbell of Arthneseir and Alexander Dowglas of Spynie and Marie Innes, his mother, desyreing that the parliament wald approve ther act maid in favouris of these wha hes ther landis brunt and waisted by the barbarous rebellis, by exeming of thame frome all publict dewis, and the samen maid effectuall to thame according to the probatioune led and the yeeres therincontenit, and to dischairge collectoris and uthers frome uplifting of the samyne or troubling thame therfoir; togidder with the reporte maid be Sir Williame Scott of Clerkingtoune and Johne Dicksone of Hairtrie (to whome the said supplicatioune wes remitted) wherby they fand it instructit be actis of the committee of estates subscryved be Sir Archbald Prymrose, ther clerk for the tyme, that the heretoris of brunt and waisted landis sould have deductioune of the mantenance and uther publict dewis and be exemptit fra all payment therof according as their landis are brunt and waisted in haill or in pairt. The saidis estates of parliament approves and allowes of the said reporte, and ordaines the benefeit of the foirsaid act to be extendit in favouris of the said laird of Brodie and his mother and the relict and bairnes of the said umquhile Coline Campbell, and als in favouris of the said Alexander Dowglas of Spynie and Marie Innes, his mother, for all bygane taxt and loane and for the sevin monethis mantenance whilk wes first granted. And thairfore the saidis estates of parliament heerby dischairges all collectoris, subcollectoris and utheris intromettoris with the publict dewis to uplift the samyne or to trouble and molest the saidis supplicantis for the sevin monethis mantenance foirsaid.
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The estates of parliament, taking to their consideratioune the manifold reasones obleidging thame to purge the judicatories of the kingdome, and considdering the commissioune granted for conserveing the articles of the treatty on the samen day be the 32 act, and the commissioune for regulateing the commoune burdings be the 24 act, and the commissioune for plantatioune of kirks be the 30 act 1641, and the commissioune granted to the exchequher in Februar 1645 be the 5 act, and all uther actis of parliament renewing or establishing the foirsaidis commissiounes or adding any persones or clauses therto in any sessioune of parliament since; and withall considdering the manifold prejudices and evill consequences of the laite designe to inslave the kingdome by many uther meanis, so by the laite new giftis of heretable or lyferent shirriffschippis, new heretable or lyferent bailliaries [and] new regalities so farr contrary to the old actis of parliament, wherby they should not be disponed without express advyse and consent of parliament, and contrarie to the weill of the kingdome and our laite soveraigne lord, his many resolutiounes and declaratiounes in favouris of the shires, thairfore, and for many uther reasones and consideratiounes moveing thame, they doe repeall, recall and rescind the foirsaid commissiounes to the conservaris of the peace, to the commissiouneris for regulating comoune burdinges, to the commissiouneris for plantatioune of kirkis, to the exchequer and commissioune for changeing of waird holdingis and all uther actis of parliament, counsell or exchequer renewing or establishing any of the saidis commissiounes or adding any persones or clauses therto, and declaires the samyne to be voyd and expyred in all tyme cumeing, and dischairgeth the persones nominat therin to sitt or act in any of these judicatories be vertew of the foirsaid commissioune unles these commissiounes be renewed be the parliament and their names insert therin. Lykas they repeall, rescind and annull all commissiounes or giftis for new heretable or lyferent shirrifeshippis, new heretable or lyferent bailliaries or regalities granted of new by our laite soverane lord since the parliament 1641 to any except to such as had thame of befoir and are free of the classes, and dischairges the receaveris of these giftes to clame any jurisdictioune therby over the leidges or mak any use therof heirafter under the paine of imprisonment of ther persones and confiscatioune of thair estates as the parliament or committee of estates sall think fitting. Lykas the estaites of parliament dischairges the leidges efter the proclamatioune of this act to acknawledge or obey the courtis or ordouris of the foirsaid schirrifes and baillies, and appoynteth the shireffis of these shires to be heerby nominat and setled in the same ordinary way as they were befoir these pretendit giftis and commissiounes of new heretable or lyferent schirrifeschippis or bailliaries.
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The estats of parliament, upoune the representatioune to thame be Collonell Scott of Hartwodburne that [...] Ellote of Stobbis, for diverse considerable reassones, wes not able to accept of the chairge as rutemaster of the shire of Selkrig, thairfore the saidis estaites of parliament hes nominat and appoynted Archbald Scott of Syntoune to be rutemaster of the said shire in place of the said [...] Ellote of Stobbis.
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The estates of parliament, upone good consideratiounes moveing thame, hes added and addis to the committee of warr of the schire of Linlithgow the persones following, viz: Patrick Dundas of Breastmylne, James Allane of Stackis, James Hamiltoune of Hyntlie, James Hill in the Queensferrie and Williame Crawfurd, youngar, of Deane, and hes given and granted and be thir presentis gives and grantis full power to the said committee of warre as it is now established to revalue the haill landis within the said shire of Linlithgow.
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The estates of parliament hes appoynted and ordained that in all remittis frome the parliament to the committee of moneyis for peyment of any soumes, that the generall commissar be first heard befoir payment of any soumes of money anent the just half of any soumes to be gottin in whilk belongis to the publict.
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The estates of parliament hes be thir presentis nominat and appoynted [...] of Allantoune, youngar, to be rutmaster in place of George Lokhart of [...], and ordaines him to exercise the said chairge and gives and grantis to him such full power as wes formerlie established in the persone of the said George Lokhart.
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The estates of parliament, taking to their consideratioune the supplicatioune given in be Alexander Forbes of Auchintoull, makand mentioune that, whair, for his affectioune and constancie to the gude caus, the comoune enemie did not onlie plunder the haill guidis, geir and plenishing perteining to the said supplicant and his tennentis, bot also James Grahame and his accomplices quartered on his saidis landis in the night befoir the battell of Alffuird and therefter brunt the house, bigginges and cornes and killed foure of the said supplicant, his tennentis, the losses extending to nyne thousand, nyne hundreth twentie thrie pundis, as is evident be the reporte therof (theirwith produced) dewlie registrat and approven; and that by and attoure the losses sustenit be the said supplicant throw the oppressioune of the promoteris of the laite unlaufull Ingadgement and violence offered to the said supplicant, his owne persone, for not complying with them in ther proceedingis; and thairfore supplicating that the saidis estaites of parliament wald take the premises to their consideratioune and evidence the same by taking some reall course how the said supplicant, his losses in some measure may be repaired, seing the supplicant hes bene much imployed in the publict service and giveing long attendance without any kynd of the least reparatioune of the supplicantis greate losses, as at mair lenth is contenit in the said supplicatioune. Whilk being remitted to be considdered be the committee for commoune losses and burdinges, and they ordained to sie the samen instructit and reporte ther opinion therupone, whilk accordinglie being given in be thame, the saidis estates of parliament hes ordained and ordaines the soume of two thousand pundis Scottis to be peyed to the said Alexander Forbes of Auchintoull, supplicant foirsaid, for his present subsistance, and that out of the fynes or borrowed moneyis of any appoynted to be fyned or ordained to lend money till his losses be taken to farder consideratioune; and recommends the said supplicant to the said committee now appoynted for moneyis, that some effectuall course may be taken for his peyment of the soume of money abonewrittin.
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The estates of parliament, taking to their consideratioune that for the glorie of God, the weill of his kirk and the just and peaceable government of his maties leidges within this kingdome it is most necessar that ther be a constant, certane and knowne modell and frame of law according to equitie and justice established be publict authoritie and published to all his majesties leidges, and withall taking to their consideratioune that diverse of his maties royall progenitors, be actis of parliament and be commissiounes under the great seall of this kingdome, have given warrandis, power and commissiounes to persones therinnominat for reviseing and considdering the lawis and actis of parliament of this kingdome, alsweill printed as unprinted, the old buik of law called Regiam Majestatem and the customes and practises of the severall judicatories of this kingdome, alsweill civill as criminall, and for gathering and collecting generall lawis to have bene perpetuallie and constantlie established for administratioune of justice within the kingdome, which commissiounes did never take the wished effect, pairtlie be reasone of the uther great and important effaires of the kingdome and pairtlie inregairde of the respective incident troubles of the tymes. And the estaites of parliament, being zealouslie desyreous for the glorie of God, the weill of his people and for the furtherance of the administratioune of justice within this kingdome to have alse farr as possible may be by the blissing of God ane perfyte rule for administratioune of justice in all causses befoir all judicatories, alsweill civill as criminall, established by his majesties authoritie and by authoritie of the estaites of parliament of this kingdome, doe thairfore give and grant full power and commissioune to Archbald, marques of Argyll, Sir Archbald Johnestoune of Wariestoune, clerk of register, Mr Thomas Nicolsone, his maties advocat, lairdis of Cesnok, Pollok and Libbertoune, Sir James Hope, Lord Fodderance, Johne Dicksone of Hairtrie, the provest of Edinburgh, Sir Johne Smith, Mr Robert Barkcley, Mr Alexander Peirsone, Mr Robert Bruce, Mr Rodger Mowat, Mr James Dalrumple, Mr Johne Eleis, Mr Thomas Murray and Mr Robert McGill, with power to the saidis commissioneris (or fyve of thame to be a quorum) to appoynte ane subcomittee of ther number not exceeding fyve for prepaireing the haill materiallis to thame, wha are constantlie to attend and doe dilligence therin; unto whome the saidis estates allowis [...] per mensem to ilk ane of thame for ther paines and attendance. With power also to the saidis commissioneris to conveene in whatsomever places and at whatsomever tymes and how oft as they sall think fitt, and to revise and considder all the lawis, statutes and actis of parliament of this kingdome maid and inacted at any tyme bygane, alsweill printed as not printed; and als to considder all the conswetudes and practises of the kingdomes† whilk have had the force of lawis and have bene receaved as practiks, alsweill in criminall as in civill judicatories within this kingdome, alswell befoir the lordis of sessioune, justice generall, commissar or shireff courtis and all inferior judicatories within the kingdome. And for that effect with power to the saidis commissioneris and ther quorum foirsaid to caus be exhibite befoir thame be the clerk of register, the justice clerk, commissar clerk or any uther clerkis of any ordinarie judicatories foirsaidis and ther deputtis all and whatsomever ther registeris and rollis contening the foirsaid lawis and actis of parliament, alsweill printed as unprinted, and also the registers of all sentences, interloquitors or definitive befoir the lordis of sessioune, justice generall, commissaris or any uther judge ordinar within this kingdome, togidder with the old registeris of the buik called Regiam Majestatem; to the effect that, efter dew consideratioune of the foirsaidis lawis, actis of parliament, consuetudes and practises, and mature and solide consultatioune and deliberatioune had and taken therupone be the foirsaidis commissiouneris or ther quorum foirsaid, they may be ther caire, solicitude and industrie collect, draw up and compyll ane formall modall and frame of a buik of just and equitable lawis to be established and authorized be his matie and estaites of parliament for governing of the leidges in tyme cumeing, and for administratioune of justice to thame in all the foirsaidis judicatories, to be reported be the saidis commissiouneris or ther quorum foirsaid to the estaites of parliament with all dilligence, togidder with their opinion and judgement concerneing the abrogating of any bygane actis of parliament whilks are now of longtyme bygane gone in desuetude or quhilks ar superfluous or unproffitable in tyme cumeing, to the effect that the kingis matie and the estaites of parliament, efter reviseing and considdering of ther reporte and efter they sall have found the samyne to be for the gude of his maties leidges, may establish the same as a perpetuall law in all tyme cumeing.
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Yow shall at your first address to his majestie deall earnestlie that his matie wold be pleased to remove James Grahame and utheris persones who have bene excomunicate be the kirk of this kingdome frome haveing access to his maties royall persone.
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Although the unexpected restraint of our commissioneris in England have retarded our addresses which were intendit to be sent by thame to your matie, yet the sense of our duety and of your conditione hath moved us [to] tender our most humble and faithfull advice in those thinges which may serve most for your maties honour and happines and the good of your kingdomes. Beseeching your matie to give full credence to what our commissiouneris shall offer to yow for those endis, that by your granting the just desyres of your most ancient kingdome and royall presence, wee may be strenthened and succuraged to the performeance of all dewties which become.
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The estates of parliament gives heerby the full power granted in the commissioune for plantatioune of kirkis and valuatioune of teyndis contenit in the 30 act of the parliament 1641, and in the 24 act of the parliament 1544†and in the 32 act of the parliament 1647 to the persones efternamed, viz: for the noblemen the lord chancellor, marques of Argyll, erle of Sutherland, erle of Eglintoune, erle of Cassillis, erle of Buccleugh, erle of Lowthean, erle of Levin, Lord Angus, vicount of Arbuthnote, Lord Burghlie, Lord Cathcart, Lord Balmerino, Lord Fraser, Lord Borthuik, Lord Torphichen, Lord Ross, Lord Elcho, Lord Kirkcudbright, Lord Couper, Lord Balcarras [and] Lord Foster; for the barrones, Dundas, Nidrie, Wedderburne, Sir Charles Erskene, Creiche, Brodie, Lord Toftis, Lord Craighall, Scottiscraig, Dundas of Dudingstoune, Busbie, Swintoune, Cunynghameheid, Greinhead, Cavers, Frieland, Kinhilt, Netherpollok, Sir James Fraser, Keith, Sir Johne Cheislie, Sir James Hope, Sir James Hacket, Grenok, Lord Humbie, Dumbeath [and] schirreff of Gallowey; and for the burrowes, Sir James Stewart, Alexander Jaffray, James Sword, Hew Kennedy, Johne Sempill, Mr Robert Barkcley, George Gardyne, Williame Glendoning, Mr Alexander Dowglas, George Porterfeild, Sir Johne Smith, Robert Lokhart, Thomas Bruce, Mr Robert Cunynghame, James Borthuik, Robert Davidsone, Mr James Campbell, James Campbell, John Sleith, Gedione Jack, Johne Williamesone and James Rouchheid; and the persones following to be supernumerarie: Sir Archbald Johnestoune, clerk register, Mr Thomas Nicolsone, his maties advocate, Sir Williame Scott of Clerkingtoune, Cesnok, Libbertoune and Mr Alexander Peirsone. Authorizeing heirby the foirnamed persones (or ony ellevin of thame as ther quorum, thrie being of each estaite) with the full power contenit in the said commissioune, conforme to the said severall actis in the yeeres afoirsaid maid theranent alse amply, fully and frielie as if the saidis persones had bene named and insert in the said commissioune and actis theranent frome the begining, or as if the said commissioune and actis had bene heir repeitted in the full tennor and extent therof. And the said commissioune or quorum therof are to proceed in the mater concerneing the provisioune of ministeris according to the overtures and the anseris of this parliament given theranent upon the 14 of this instant, with power also to thame to judge and determine finallie in such particulars as are referred to their determinatioune in the said anseris or uther references of this or any other sessiounes of parliaments. And ordaines the clerk to be appoynted by the clerk of register to have the trust of keeping the bookis and registeris of all the proceedinges of this or former commissiounes to be furthcumand for the good and use of the leidges. And this commissioune to endure ay and whill it be dischairged by the parliament.
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The estates of parliament, taking to ther consideratioune the greate benefeit this kingdome had be making of sope within this countrey and the prejudice whilk the decay of the sopeworkis hes occasioned to the kingdome, and it being incumbent to the parliament to encourage all such as are verteouslie disposed to mantane and advance all such publict workis and manufactories as may tend to the gude of the commoune wealth, thairfore the saidis estates declaires all the oylles, asches, vessellis, toollis and utheris materiallis of whatsomever sorte which the undertakeris and maintaneris of any sopeworkis within this kingdome sall importe by sea or land for the necessar and true use of the said sopeworkis and for the manteaning therof are and shall be exemptit and frie frome payment of any customes, excyse or uther impositioune in all tyme cuming. Lykas the saidis estates of parliament dischairges all taxismen, customeris and collectoris of the customes and excyse present and to come that they presume not to exact any custome, excyse or uther impositioune for any of the saidis materiallis heirefter to be imported be sea or land for the propper and trew use of the saidis sopeworkis and for the mantenance and uphalding therof allanerlie. And the saidis estaites of parliament dischairges all former monopolies and warrandis granted to private persones anent the sole libertie of making of sope. And becaus ther are many comodities brought home and importit under the pretext and compas of these commodities that are onlie maid use of for making of sope, which not being of that nature may frustrate his matie and his takismen of the customes dew to these commodities, thairfore the saidis estates of parliament declaires that whatever guids or commodities are imported be any covertlie under the compas of materiallis for making of sope, which truely are not of that nature, shall be confiscat, and declaires the samyne to be of the nature of confiscat guidis.
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The estates of parliament, haveing taken to ther consideratioune ane supplicatioune given in be Mr Rodger Mowat of Drumbrek, advocat, makand mentioune that quhair in the moneth of Julii 1640 the said supplicant advanced and payed for the use of the publict to Sir Alexander Gibsone of Durie, knight, than commissar generall for the Scottis armie, the soume of twa thousand merkis, and that the said supplicant in the moneth of Merch 1644 did lykwayes advance and len to the said publict the soume of foure thousand merkis, and in the moneth of August 1646 did sell and delyver to the publict the quantitie of fourtie chalderis meill for ane hundreth merkis the chalder, for payment of the whilkis thrie soumes and annuelrentis therof the estaites, be ther act of parliament of the [...] day of Merch 1647, found the saidis soumes and victuall trewlie advanced and ordanit the same as ane publict debt to be presentlie satisfied and peyed with the annualrent therof dureing the not payment of the principall soume, as the said act beires. Lykas in the moneth of Merch 1645 the said supplicant, his barnes, barneyairdis and haill cornes standing therin, and being within his barnes and uther houses, togither with his dwelling hous and all uther houses upone his toune and landis of Reidcloak, lyand within the parochine of Fetternesso and shirefdome of Kyncardin, with the haill houshold commodities being therintill, were all totallie brunt and consumed be James Grahame and his Irish rebellis, as his losses exceeding the soume of eight thousand merkis can testifie. And sensyne his uther landis in the north have bene so pitiefullie opprest and waisted be severall armies and be ther plunderings and insatiable quarteringis and exactiones that he hes receaved no part of the rentis of his saidis haill landis thir thrie yeeres bypast, and for the present his haill landis are lying waist and no tennentis left therupon, as is notourlie knowne to the present memberis of parliament who are commissioneris for the north. And farder that the said supplicant hes serveit the estaites sen the first begining of the troubles of this kingdome as ane of ther procurators, and hes beheaved himselff alse dewtifullie in all respectis in that service as it became ane of that place, and hes not as yit receaved any recompence for his service; no, not so much as the soumes trewlie debursed and spent be him at the conventiounes and parliamentis at St Johnestoune and St Andrewis, wherby he wes commanded to attend the saidis estaites and did attend thame in the saidis places accordinglie and did spend and deburse of his owne proper moneyis above the soume of two thousand merkis. And seing the supplicant hes receaved no payment nor satisfactioune of any of the soumes befoirmentioned advanced, debursed and loist be him in maner foirsaid, humblie thairfore craveing that the saidis honorable estaites of parliament wald take the premises to their serious consideratioune and give precept, warrand and ordour for satisfactioune to him of the foirsaidis soumes and annuelrentis therof whilkis have bene trewlie lent, advanced and debursed be him in thair service and to ther use in maner abonewrittin, and for recompence and satisfactioune of his said service and excessive losses be burneing and utherwayes. And in the meane tyme that the estaites wald be pleased to grant the supplicant ane exemptioune frome all monethlie mantenance, quarteringis and uther publict dewis imposed and to be imposed upone his saidis landis in the north, and the supplicant sall indeavour to continew ane faithfull and obedient servand to the saidis estates and to promove the gude caus to his uttermost power, as at mair lenth is contenit in the said supplicatioune. Whilk being heard and remitted to the committee of commoune burdinges, to be considdered be thame and to sie the samen instructed, the said committee haveing fund the saidis twa soumes of lent money and advanced victuall, with the annuelrentis therof preceeding Mertimes 1647, sufficientlie instructed to extend to the soume of eight thousand, ane hundreth nyntie sevin punds, six schillinges, eight penneis, with the annuelrent therof since the said terme of Mertimes 1647 and in tyme cumeing during the not payment of the said soume; and siclyke the said committee haveing fund that member of the said supplicatioune anent the soume of eight thousand merkis for the losses of the said supplicant, his brunt landis, to be instructit be the reporte of losses allowed and approven and produced be him befoir the said committee; and as to the said supplicantis recompence of his service as ane of the procurators of estaite, the said committee, haveing fund his attendance at all the tymes and places speit in his supplicatioune to be notoure to the parliament, the said committee remitted the samyne to the consideratioune of the parliament, to condiscend upone the quota therof and the way of payment of the haill to be out of the fynes and borrowed moneyis or ony uther way the parliament sall think fitt and condiscend upone; and as to that desyre of the said bill anent the exemptioune frome mantenance, quarteringes and uther publict dewis, the said committee fand the supplicant had that favoure granted to him be ane former act of parliament. And the said committie haveing given in to the parliament ther said reporte anent the said supplicatioune and haill memberis therof, the saidis estates of parliament hes ordained and ordaines the said supplicant to be satisfied and payed of the foirsaid soume of eight thousand, ane hundreth nyntie sevin pundis, sex schillingis, 8 d. for the said lent moneyis and victuall payed and advanced be him, with the annualrent therof since the said terme of Mertimes 1647 and in tyme cumeing during the not payment of the said soume, and hes remitted, remittes and recommends these memberis of the foirsaid supplicatioune anent the great and extraordinar losses and sufferinges sustenit be him and his tennentis, and the uther member anent his service as ane of the ordinar procurators for the estaites and the recompence and satisfactioune dew to him for his said service thir diverse yeeres bypast, to be considdered be the committee of estaites, to modifie and to caus payment be maid to him of such ane soume as the said committee sall appoynte and allow to him for the said recompence of his paines taken be him in the publict service during the space foirsaid, and to appoynte and ordaine lykwayes ane soume to be peyed to him for his saidis losses and sufferingis sustenit be him and his tennentis be the saidis burneingis. And the saidis estates of parliament recommendis seriouslie to the committee of moneyis that ane effectuall course may be taken for payment of the said soume to be ordained and appoyntit to the said supplicant for his saidis paines and travellis as ane of the procurators of estate, and for peyment of his saids losses and sufferingis, and lykwayes for payment of the foirsaid soume for his lent moneyis and victuall advanced be him as said is out of the fynes and borrowed moneyis or any utherway as the said committee of estaites sall think fitt or condiscend upone. As to the last pairt of the supplicatioun anent the exemptioune of his landis frome mantenance, quarteringis and publict dewis, the estates of parliament, finding be the reporte of the said committee that the said supplicant had the favour of exemptioune granted to him be ane former act of parliament and that ever since he hes continued a great and heavie sufferer, they therfoir have remitted the consideratioune therof to the said committee of estaites.
[1649/1/312]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to their consideratioune ane supplicatioune given in be Sir David Home of Wedderburne, makand mentioune that quhair he debursed for the use of the publict imployed for the Irish armie in Merch 1643 (as the warrandis produced with the said supplicatioune will testifie) the soume of twelff hundreth pundis, which now in Merch 1649, with the annualrentis since the delyverance of the money, being six yeeres, extendis in all to the soume of twa thousand, six hundreth and fourtie pundis, and his pairt of Sir Williame Dickis two hundreth thousand merk band, extending to ane thousand, thrie hundreth threttie thrie pundis, sex schillinges, aught pennies, verified be the said Sir Williame, his dischairge, with the annuelrent since the peyment at Mertimes 1647, extends to ane thousand, foure hundreth and sevintene pundis or therabout: the which two soumes will extend to foure thousand, ane hundreth and ten pundis. Humblie therfoir craveing that sick ordour may be taken for his surety and payment as sall be thought fitt, and that he may be peyed with the first of the publict debtis or when he sall find out some convenient way without prejudice of the payment of the present armie, as at mair lenth is contenit in the said supplicatioune. Whilk being referred be the parliament to the committee of commoune burdinges to sie the said supplicatioune instructit and reporte ther opinion therof, and they haveing fund the foirsaid soumes of money debursed be the supplicant to be sufficient instructit, the saidis estates of parliament hes ordained and ordaines the foirsaid soume of foure thousand, ane hundreth and ten pundis to be peyed to the said Sir David Home of Wedderburne, knight, supplicant foirsaid, and that out of the first moneyis to be receaved be the generall commissarie or any utherway the said Sir David sall find out ather by fynes or borrowed moneyis within the shire of Berwick, but prejudice of the payment of the armie.
[1649/1/313]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing elected and choysen [...], erle of Rothes to be schirrife principall of the shirefdome of Fyffe for ane yeere to come efter the daite heirof, compeired personallie George Jamesone, provest and commissioner for the toune of Couper, and protested that the electing and nameing of the said [...], erle of Rothes this day to be schirrife principall of the said shirefdome of Fyff sould nawayes prejudge the said toune of Couper of ther just rightis and liberties, and thairupone asked instrumentis.
[1649/1/314]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to their consideratioune the supplicatioune given in to thame be Thomas Gledstanes, keeper of the magazenis in Leith, makand mentioune that quhair the said supplicant haveing meanit himselff be supplicatioune to the high courte of parliament sittand in St Andrewis in anno 1645 for payment to him of his fies and debursementis debursed be him, they be their delyverance on the bak of his supplicatioun ordained and appoyntit George Jamesone, provest of Couper, and James Pedie, burges of Montrose, commissioneris ther for the tyme, to be auditoris to his comptis, wha haveing at lenth revised and considdered the same, they allowed his saidis comptis preceidand the moneth of Februar 1646 yeeres, extending than to ellevine hundreth ane pundis, eightene schillinges aught pennies, as the samyne swa approven be the saidis auditoris under their handis and subscriptiones hes testified. Lykas since the said moneth of Februar 1646 the said Thomas Gledstanes hes bene diligentlie attending the saidis magazenis and hes bene at further chairges and expenses besydes his fees, whilk haill fees and debursementis (alsweill allowed as to be allowed, conforme to the particular comptis to be given in be him therupone) extending in all preceeding the first of Januar 1649 to two thousand, thrie hundreth sevintie sex pundis, fourtene schillinges, eight penneis Scottis. Supplicating the saidis estates of parliament to nominat new auditors for reviseing of his saidis last comptis since the moneth of Februar 1646, and, being revised and approven, that the saidis estates of parliament wald give ther ordour for payment to him of all his foirsaidis comptis extending as said is; and that in regarde the said Thomas Gledstanes wes necessitate to borrow fra Sir James Murray and Thomas Hamiltoune and sundrie utheris at severall tymes certane soumes of money the tyme he was giveing out the foirsaid debursementis, whilk they most now have frome him, as at mair lenth is contenit in the said supplicatioune. Whilk being remittit to the committee for the commoune burdings, to be considderit be thame and to have seene the same instructit and to have given ther opinion anent the way of payment, lykas they haveing reported ther opinion theranent to the parliament, the saidis estates of parliament hes ordained and ordaines the said Thomas Gledstanes, supplicant foirsaid, to be payed of the soume of ane thousand, ane hundrethe fourscoir eight pundis seven schillinges as the just and equall halff of the soume of twa thousand, thrie hundreth sevintie sex pundis, fourtene schillinges money foirsaid till accompt out of the first and reddiest of any fynes or borrowed moneyis; and for that effect recommendis the said Thomas Gledstanes to the committee appoynted for moneyis to sie some effectuall course taken for his payment.
[1649/1/315]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to their consideratioune the severall supplicatiounes given in to thame be Alexander Brodie of Lethem, beareing that he, out of his affectioune to the good caus, in anno 1643 yeeres lent to the publict the soume of two hundreth pundis sterling, whereof as yit he had never receaved any peyment, principall nor annuells. Lykeas in the yeere 1645 his hous of Lethem wes beseidged be James Grahame and his adherentis, wha not able to prevaill, brunt his haill barnes, barneyairdis and cornes, plunderit the haill insight and plenishing of his barronie, and took away eight hundreth oxin and kyne, eightene hundreth scheepe and goates [and] two hundreth horses and meares. Lykas therefter the laite marques of Huntlie and his sones, with two thousand fute and horse, beseidged the supplicantis hous of new be the space of twelff weekis, wha, being dissapoynted and inraged throw the loss of many of ther men, at last did utterlie burne overagaine the said supplicant, his haill landis wherupone their wes abone the number of eightscoir persones, and left not ten of thame to remane upone the saidis landis, and about halff a yeere therefter the hielanderis took away all that wes left upone the ground; and the supplicantis losses being valued, extendit to fourscoir fyftene thousand thriescoir pundis. Whilk being represented to the estates of parliament in anno 1647, they ordained the said supplicant to have ten thousand pundis for his subsistance and interteaning the gariesone in his house. And lastlie the supplicant, haveing plenished sume of his boundis, the enemies, for his refuisal to concurr in the laite unlaufull Ingadgment, did eate up and destroy his haill cornes, plundered of new againe his haill nolt and bestiall and left the land in worse conditioune nor it wes befoire. And thairfore supplicating that some effectuall way might be fund for payment of the said ten thousand pundis, and some course might be taken for keeping of the gariesone within his hous, and for the supplicantis encouragement to continew constant in the guid caus, that the saidis estaites of parliament might dispone to him the bailliarie of the regalitie of Kinlose, whilk belongit of befoir to the laite marques of Huntlie; and als craveing exemptioune of putting out of horse or foote out of his landis, seing they are as yit totallie waist, as at mair lenth is contenit in the saidis severall supplicatiounes. Whilkis being heard and considdered be the committee for the commoune burdingis and losses to sie and considder the samyne and instructiounes therof, whilk being reported to the parliament, the saidis estates of parliament findis that ther is restand unpeyed to the said Alexander Brodie of Lethem the soume of fourtene thousand merkis of the fyftene thousand merkis contenit in the said act; and for his more effectuall payment therof gives power to the said supplicant to cite, persew and call any persones wha fallis under the compas of the act of classes to be fyned or len money till he be payed of the said fourtene thousand merkis for his present subsistance and towar[d]is and till farder reparatioune of his losses. And for the said Alexander Brodie of Lethem, his farder encouragement to continue constant in his affectioune to the good caus, the estaites of parliament hes ordained and ordaines the lordis and utheris commissioneris of the exchequer to pas in favouris of the said Alexander Brodie of Lethem, his aires maill and assigneyis whatsomever heretablie ane signature of the bailliarie of Kinloss, with haill fies and priviledges belonging therto; whilk bailliarie did perteine befoire to the said laite marques of Huntlie and now is fallen in the handis of the saidis estaites of parliament throw the sentence of forfaltour pronunced againes the said laite marques of the daite the [...] day of [...] jM vjC fourtie [...] yeeres. And farder the saidis estaites exemis the said Alexander Brodie of Lethem, supplicant foirsaid, frome puting out to this present levie any sojoris, horse or fute imposed upone him.
[1649/1/316]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to ther consideratioune ane supplicatioune given in be Collonell Johne Cokburne, laite governour of the castell of Stirling, makand mentioun that quhair the committee of estaites be thair act of the 20 of Julii 1647, haveing red and considderit the accompt given in be him to the auditoris who were appoynted be the said committee to revise the samyne, did approve therof, and accordinglie then declaired the publict debtor to him in the soume of ten thousand, thrie hundreth fyve pundis Scottis; and that for his pay frome the first of August 1644 to the first of Julii 1647, being 35 monethis according to two hundreth pundis per mensem for interteaning of certane prisoneris and gentlemen of fortune for intelligence and fortificatiounes in the said castle and hill about it, according to the said Collonell Johne, his particular accompt given in to the said committee, and that by and attoure the soume of two thousand, two hundreth threscoir sex pundis, threttene schillings, foure penneis receaved be him, and als by and attoure what more was than craved be him for his pey as governour of the said toune and castle frome the first of Apryle 1645 to the first of Julii 1647, being twentie sevin monethis, and for his extraordinarie chairges of allowance to St Andrewis, Edinburgh and elsquhair in the publict service, and ane consideratioune for his honest cariage the tyme of James Grahame, his passing of the river, and for keeping of the croune, scepter and sword. Whilk wes then remitted by the auditors to the consideratioune of the committee of estaites, and whilk soume of ten thousand, thrie hundreth and fyve pundis the said committee be thair said act did obleidge the estaites of this kingdome to mak payment to the said Collonell Johne Cokburne, as the double of his accomptis conteining the said act produced with the said supplicatioune beires. Notwitstanding of the whilk act, trew it is that he hes ever since patientlie waited on, still expecting payment of what wes fund dew to him be the publict, during the which space and of befoir he hes contracted great soumes of money for mantaneing of himselff and his famalie, and as yit hes receaved no satisfactioune frome the publict at all. Inrespect whairof, and of his present necessitie for mantaneing of himselff and his famalie and for giveing satisfactioune to his creditoris, who are extreamlie pressing him for peyment of such soumes as he is owing thame and who have raised horneing againes him and therwith caused chairge and denunce him, swa that he cannot now know what to doe, bot only hes his recourse to the parliament for his speedy releefe and supplement, humblie therfoir craveing, in consideratioun of the premises and of his faithfull and honest service during the tyme he wes in chairge, that therefore his present estaite and necessitie may be taken to serious consideratioune, and that sick present course may be taken for reliveing of his debtis and mantaneing of him and his famalie, and therwith the payment of such soumes as are justlie restand to him as sall be thought fitt, as at mair lenth is contenit in the said supplicatioune. Whilk being remitted be the saidis estaites of parliament to the committee of comoune burdinges to sie the samyne instructed, and being reported be thame with ther opinion anent the payment therof, the estates of parliament have ordained and ordaines the foirsaid soume of ten thousand, thrie hundreth fyve pundis restand to the said Collonell Johne Cokburne in maner abonespeit to be peyed to him, and that out of the first and reddiest of the fynes and borrowed moneyis to be uplifted; and for his more sure payment therof, the estates hes recommendit and recommendis the said Collonell Johne Cokburne to the committee of moneyis, that some effectuall course may be taken for peyment to him of the said soume.
[1649/1/317]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune ane supplicatioune given in to thame be Alexander Forrester, merchand burges of Edinburgh, makand mentioune that the supplicant, being imployed be the estaites of parliament for the tyme for transporting of armes, ammonitioun, victuall and utheris necessaris to diverse pairtis within the kingdome and in the kingdome of England against the rebellis and enemies to the countrey, thair is restand awand to him be the publict for fees and debursementis since the tenth of November 1644 the soume of fyve thousand, sevin hundreth fourtie sevin pundis, ten schillinges Scottis money, as the particular comptis of the saidis fies and debursementis, testified by Johne Achesone, keeper of the publict magazine, his subscriptione, Thomas Hamiltoune, leutenant collonell to the trayne of artilyearie, and Sir Johne Weymes of Bogie, generall commissar, ther notes beares. Lykas the supplicant, haveing meaned himselff to the estaites of parliament for the tyme, desyreing thame to have appoynted auditoris for hearing of his saidis accomptis, and to give warrand and ordor to the generall commissar for the tyme to have satisfied and peyed the said supplicant his saidis fees and debursementis as sould be fund trewlie awand to him, and the supplicatioune given in be him theranent being red befoir the committee of parliament for the tyme the second of Apryle 1646, the erle of Cassillis being than president, they appoynted Dea[n]mylne and Johne Bynnie to revise the said supplicant, his saidis accomptis, and to reporte; as also upone the nyntene day of Julii thairefter, the said erle of Cassillis being than president, did renew the ordour abonewritten. Lykwayes upone the sevintene day of Apryle lastbypast the committee for the billis, the erle of Southesk being president, did renew the former ordour abonewrittin, as the said supplicatioune and delyverance writtin thairupone subscribed be the presedent of the said committee beires. Notwithstanding, the said supplicant, his accomptis, were never as yit revised be the foirnamed persones appoyntit be the said committee to revise the samyne, nor nathing is proceedit therintill but is frustrate and lyes out of his saidis fees and debursementis trewlie addebtit to him be the publict, conforme to the particular comptis therof, swa that he is brought to utter ruine and povertie and may not gange on the streittis for the money he borrowed to pey the present imployment then trusted to him, wherin his dilligence wes not unknowne to the marques of Argyll, the lord chancellor, the erle of Cassillis and uther noblemen, barrones and burrowes resideing neirest now these ten yeeres. Supplicating therfoir that the saidis estates might have consideratioune on the premises and to appoynte auditoris for hearing and reviseing of the saidis supplicantis accomptis, and, the samyne being revised and reported to the saidis estates, to give warrand to the generall commissar or his deputtis to satisfie and pey him his saidis fies and debursementis as sall be fund truelie restand awand and addebted to him, wherby he will be the more enabled to serve the saidis estaites in his former chairge in tyme cumeing at all occasiounes and as he sall receave ordouris, as at mair lenth is contenit in the said supplicatioune. Quhilk being remitted to the committee of commoune burdinges, to be considdered be thame and to sie the samyne instructit and give ther opinion theranent, wha haveing accordinglie given in ther reporte of the same, the saidis estates of parliament findis the soume of fyve thousand, sevin hundreth fourtie sevin punds, ten schillings to be dew to the said supplicant for debursementis and his bygane fees, and thairfore hes ordained and ordaines the said Alexander Forrester, supplicant foirsaid, to be satisfied and payed of the foirsaid soume of fyve thousand, sevin hundreth fourtie sevin pundis, ten schillinges out of the first and reddiest of the fynes and borrowed moneyis, and hes recommendit and recomendis the said Alexander Forrester, supplicant foirsaid, to the committee appoynted for moneyis, that some reall and effectuall course may be taken for his satisfactioune.
[1649/1/318]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune the supplicatioune given in be Mr Alexander Colvill of Blair, his maties justice depute, makand mentioune that quhairas it is not unknowne to the estaites of parliament foirsaid that the petitioner have served and attendit at all the criminall dyettis of this kingdome, not only long tyme befoir bot ever since the yeere 1633, and not only within this burgh of Edinburgh but in many uther the remottest pairtis of this kingdome as occasiounes offered; and whairas it wes appoynted by his matie and estaites of parliament holden at Edinburgh 1641 that circuit courtis sould be keeped twyse in the yeere in the midleschyres and north pairtis of this kingdome for repressing of lawles and dissobedient rebellis, trew it is that, in obedience of the foirsaid act, the petitioner went to Innernes and Elgine of Murray, where the petitioner keeped about sex circuit courtis with a good and happie success, as is perfytlie knowne to all the noblemen and gentlemen in the north who were ther present; as lykwayes the petitioner attendit at the tyme of the parliament 1644 yeeres upone the committee of proces and the haill tyme of the parliament at St Andrewis 1645, all to the petitioner, his excesse of chairges and undoeing of his private estaite. And thairfore humblie supplicateing that the saides estaites of parliament wald considder the said petitioner, his long and excesse of chairges and expenses and troubles that hes much worne his bodie, and is yit more and more imployed in criminall dyettis that occurre daylie; and trewlie the said petitioner is never remembred notwithstanding of so many supplicatiounes and references, thocht it be appoyntit by act of parliament that he sould be peyed with the lordis of sessioune, as at mair lenth is contenit in the said supplicatioune. Whilk being heard and considderit be the saidis estaites of parliament, and they haveing taken the dewtiefull service done be the said Mr Alexander Colvill in his ordinar chairge to their serious consideratioune, the saidis estates of parliament hes earneslie recomendit the said Mr Alexander Colvill to the lordis and uthers commissioneris for the exchequer, that they wald sie him compleitlie satisfied and payed of his haill bygane fies dew to him as he shall instruct the samyne to be restand awand. And farder the saidis estaites of parliament, haveing taken to their consideratioune the great chairges and expenses the said Mr Alexander hes bene at in travelling throw all the pairtis of this kingdome when ever he wes imployed be thame, and the guid and thankfull service done be him in the said imployment, they, in consideratioune therof, have modified and modifies to him the soume of thrie hundreth pundis sterling as in recompence of his extraordinar service done be him and of his paines and chairges he wes put to in the said service, and hes recommendit and recomendis seriouslie to the committee of moneyis that some reall and effectuall course may be taken for his speedie peyment of the said soume of thrie hundreth pundis sterling for his bygane extraordinar chairges and expenses foirsaid.
[1649/1/319]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to their consideratioune ane supplicatioune given in to thame be the ministeris of the presbytrie of Dunse, makand mentioune that the last generall assembly did appoynte ane committee for visiteing of the kirkis of the presbytrie of Dunse and Chirnesyde, and the said committee, haveing met at Dunse and being informed of the largenes of the paroche of Eckles within the saidis supplicantis presbytrie of Dunse, the number of communicantis being above twelff or threttene hundred, the greatnes of the teynd and that ane great number within the paroche cannot many Sabbothis in the whole yeere come to the said kirk to have the comforte of the word inrespect of wateris and burnes interjected and deepenes of the ground, which hes bene the caus of great ignorance in these places of the paroche, did with great letters recomend to the saidis supplicantis caire to take tryall if the devisioune of the paroche were necessar and to returne their opinion to the honorable courte of parliament or to the commissioune for plantatioune of churches; and they haveing intimat the same to the heretoris severall Lordis dayes efter sermone for visiteing the boundis of the said paroche with some of their number of the presbytrie appoynted for that effect, and haveing mett with suche heretors as wes present upone the ground of the landis within the said paroche, efter mature consideratioune, the saidis ministeris of the presbytrie thought necessar that the said parochine of Eckellis be devydit in two convenient paroches according to their reporte, inrespect of the largenes of the said paroche and that it is impossible bothe for horse and foote to repaire to the paroche kirk fra many places of the parochine be reasone of wateris and burnes interjected and the great deepenes and marischnes of the ground in all the wintertyme, the number of comunicantis being abone threttene hundreth and the pairt of the teyndis beine ane sufficient provisioune to two ministeris, according to the act of parliament. Humblie thairfore craveing that the said reporte concerneing the said kirk may be considderit and approven or utherwayes recomendit to the commissioun for plantatioune of churches, and that all perties haveing interest may be cited at the paroche kirk, as at mair lenth is contenit in the said supplicatioun. Whilk being heard and considderit be the saidis estaites of parliament, with ane reporte maid be the brethrene of the presbytrie of Duns be warrand of the comissioneris of the generall assembly, wherby the said presbytrie, efter perambulatioune, fand (intimatioune being maid to the saidis heretors) that their wes ane necessitie of devyding of the parochine of Eckillis and ane new kirk erectit inregarde of the great distance of many places frome the former kirk be reasone of the deipnes of the way, wateris and burnes interjected, that the haill landis and tounes be Eist and North Lamdenburne formerlie being within the parochine of Eccles: namelie upper plew of Landis, Clerkis, Cleuche, Upper and Nether Toftis, Cruiklaw and Mersintounemylne belonging to the Lord Toftis distant twa mylnes or therby; Heerdrig Cowes Waike, belonging to Sir Harie Home, farder distant; Muirailhous, lykwayes farder distant; Eister and Wester Kaimes, with Fordellawes belonging to George Home, about the same distance; Prentonen with Eister Prentonen, belonging to George Trotter, Bowmakerhill, with the mylne, and Eisterprentonen, belonging to Niniane Cokburne, Prentonenhill and Langbank, belonging to Sir James Cokburne, distant thrie mylles; Earnslaw and Langrig, with the twa bluidie edgies belonging to Johne Graden, of the same distance; Graystanerig, belonging to Robert†Graden, of the same distance; Buchtreig, belonging to Robert Dicksone, distant two mylles; Leitoun, belonging to the erle of Home, and Messingtoune, belonging to the laird of Messingtoune, distant ane mylne and ane halff; Litlethank, belonging to the laird of Belchister, distant twa mylnes. Lykwayes the landis be west and south Lambdenburne efterspeit, being lykwayes formerlie pairtis of the said parochine of Eckellis, viz: the landis of Eister and Westerstormerigis, Westermersingtoune [and] the Westertoune of Lentoune sould be devydit for making up of ane new paroche kirk, and that the toune of Eistermersingtoune is the most convenient place for situating of the churche. The saidis estates of parliament ratifies and approves the said reporte and doe statute and ordaine ane kirk to be erectit consisting of the landis and teyndis abonespeit; and hes recommendit and seriouslie recommendis to the caire of the commissioneris for plantatioune of kirkis the setling of ane provisioune for the said kirk and the way of bigging of the fabrick therof, with ane manss and gleib for the ministeris serveing of the same; and hes ordained and ordaines letters to be raised at the instance of the ministeris of the presbytrie of Duns and the procurator for the kirk to warne and chairge the haill heretors, titularis and takismen of teyndis of the said parochine of Eckellis and all utheris haveand or pretendand to have entres in the said mater at the kirk doore of the said kirk of Eckellis upone ane Sunday to compeir befoir the lordis and utheris commissioneris for plantatioune of kirkis within sex dayes nextefter they be chairged therto, to heir and sie the provisioune, stipend, gleib and manse satled and decernit.
[1649/1/320]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune the supplicatioune given in to thame be George Jamesone, provest of Coupar, shewing that thir many yeeres bygane the said supplicant hes bene lying under a verie great and unsupportable burding be reasone of diverse great soumes of money addebtit to him be the publict, whilkis, out of his affectioune to the caus and covenant, were borrowed be him for furnishing of great quantities of victuall for the use of the armies in England and Ireland preceeding the yeere 1647, extending to the soume of threttie fyve thousand, sevin hundreth fourscoir pundis, threttene schillinges, foure penneis money, conforme to the compt therof allowed be the committee of estaites. For the quhilk soume the committee of estaites have drawne preceptis upon Sir James Stewart, generall commissar, appoynting him to pay the same to the supplicant, as the precept direct theranent of the daite the twentie sevint day of December lastbypast beires, whilk precept the said Sir James Stewart professes he is nawayes able to anser nor to pey any pairt of the said soume to the supplicant, inrespect he is so farr superexpendit in his accomptis and hes no moneyis comeing in to him, wherby the said supplicant is verie farre disapoynted in his expectatioune, he and his sones in law and uther freindis wha are engadged for him being now put at be thair creditoris and chairged with horning for peyment of the soumes borrowed be him for furnishing of the said victuall, so that he and his sones in law, wha have ther haill meanes in the handis of the publict, are now in danger of utter ruine [and] the lose of ther credite iff the saidis estaites be not pleased to take some speedie course for his satisfactioune. Supplicating therefore the saidis estates of parliament might be pleased to take the supplicant, his distrest conditioune, to ther serious consideratioune, and to take some reall and effectuall course for his present payment of the said soume, wherby he and his sones in law wha are ingadged for him may be preserved from ruine; and for that effect that the saidis estates might be pleased not only to allow to the supplicant the tak dewtie payable be him for the excyse of that pairt of the shirefdome of Fyff sett to him in tak sa farr as is resting preceeding the first of Maii nixt in pairt of peyment of his said soume, bot also to assigne to the said supplicant the excyse of the shirefdome of Fyff for the tyme efter the said first of Maii nixt ay and quhill he be fullie peyed of his said soume and annuelrent therof, as the said supplicatioune at mair lenth beirs. Whilk being remitted be the estaites of parliament to the committee of billis to sie the samyne instructed and give ther opinion theranent, wha accordinglie haveing given in ther reporte bearand ther humble opinion to be that the said George Jamesone, provest of Couper, supplicant foirsaid, sould be preferred to the tak of the excyse of the haill shirefdome of Fyff, bot[h] to burgh and landward, efter the first of Maii nixt, he payand therfoir alsemuch as any uther will doe, and that he reteine in his owne hand the half of the tak dewtie to be condiscendit upone ay and quhill he be payed of the soume addebtit to him be the publict and annualrent therof, he payand the uther halff of the said tak dewtie for the use of the publict. Whilk opinion the saidis estaites of parliament haveing taken to their consideratioune, they have remitted and remittis the foirsaid supplicatioune and reporte abonewrittin to the committee of moneyis and excyse, and hes ordained and ordaines the said George Jamesone to be preferred to have the tak of the excyse, he alwayes giveing the soume of thrie thousand, twa hundreth merkis monethlie, the ane half therof to the generall commissar and the uther half to be retenit be him for the use foirsaid, except some uther persone offer more for the same.
[1649/1/321]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to their consideratioune ane supplicatioune given in to thame be Alexander and James Farquharis, merchandis burgeses of Aberdene, makand mentioune that quher umquhill Walter Dowglas, merchand burges of Tayne, being addebtit and awand to the saidis Alexander and James Farquhars great soumes of money, pairtlie be bandis, comptis and utherwayes, he (being in credite and honest reputatioune for the tyme) upone the [...] day of [...] lastbypast (upone what occasioune we know not) the said umquhill Walter Dowglas hes put violent handis in himselff and hes hanged himselff to the death, wherby his haill guidis, geir, merchandice, soumes of money and utheris whatsomever perteining to him are now fallen in his maties handis as escheet; and seing ther is no exchequer sitting for the present wherby they might procure the gift of the said Walteris escheet in their favouris for peyment of their just and true debtis, and least the samyne sould be wrongouslie intrometted with, used and disponed upone be persones wha have na right nor entres therto and the saids Alexander and James Farquhairis frustrate of ther just and true debtis, necessar it is to thame to have letters direct be the saidis estaites of parliament, ther delyverance in maner and to the effect underwrittin, supplicating that the estaites of parliament wald grant letters direct to messingeris of armes, commanding thame to pas and chairge Mr Robert Farquhar of Munie to goe himselff in proper persone (or to direct some utheris for whome he will be anserable) to the dwelling house of the said umquhile Walter Dowglas and to his merchand buith or to ony uther pairt or pairtis whair his guidis, geir, merchandice, insicht, plenishing, bands, writtis and utheris perteining to him are knowne to be, and thair, in presence of ane of the baillies of the said burgh of Tayne and clerk therof (whome the estaits wald ordaine to concurr with the said Mr Robert Farquhar or utheris to be appoynted be him and to assist thame), to serche, seik and mak inventar of the haill guidis, geir and merchandice, insicht, plenishing, bandis, obligatiounes, compt buikis and utheris whatsomever whilkis pertenit to the said umquhill Walter Dowglas the tyme foirsaid of his deceas whairever the samyne may or can be apprehendit, and to sequestrate the samyne upone the expenses of the selff in some sure lokfast hous, to be maid furthcumand to the saidis Alexander and James Farquhars for payment of their just and trew debtis when law and justice may be had for that effect; and in the meane tyme to inhibite and dischairge the shireff of the schyre and his deputtis, the provest and baillies of the said burgh of Tayne and their officeris and all uther judges and magistrattis within this realme fra all medling or intrometting therwith and of their offices in that pairt simpliciter under all hiest paine that efter may follow, as the said supplicatioune at mair lenth beires. Whilk being heard and considdered be the parliament, the saidis estates of parliament grantis full power, authoritie and commissioune to Mr Robert Farquhar of Munie (or ony utheris haveing warrand frome him and for whome he shall be anserable) to pass to the said burgh of Tayne and ther to searche and seik for and mak inventar of the haill guidis, geir, insicht, plenishing, bandis, writtis, obligatiounes, compt buiks and utheris whatsomever whilkis pertenit to the said umquhile Walter Dowglas the tyme foirsaid of his deceas whairever the samyne can be apprehendit, and subscryve the same with his hand, and to sequestrate the same and put them in sure firmance, to the effect that the saidis guidis and geir may be maid furthcumand to his just creditors according as the course of justice and law, when the samyne may be had, will allow; and in the meane tyme dischairges all shireffis and ther deputtis, provest, baillies and magistrattis of the toune of Tayne and all uther judges, magistratis, officeris or any utheris persones frome any medling with the saidis guidis and geir and of thair offices in that pairt simpliciter under all hiest paine and chairge that efter may follow; and ordaines the said Mr Robert Farquhar to reporte his proceedinges heiranent to the committee of estaites with all convenient dilligence, to the effect that therefter they may proceede and take such course theranent as they shall think fitt.
[1649/1/322]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to their consideratioune ane supplicatioune given in to thame be Mr Bernard Sandersone, minister of the churche of Keir in Nithisdaill, makand mentioune that whair in the moneth of September 1645 the Irish rebellis and utheris under the conduct of the laite Lord Ogilvie and Nathaniell Gordoune, being quartered in and about his dwelling houses a wholl night and day, the said supplicant being fled to Carleill for safety of his lyff, and his servandis and motherles childring to the hillis and montaines, destitute bothe of food and harbourie, entred by violence, breaking up the dores of his house, chalmeris and utheris offices houses, brake up all his cofferis, chistis and almries, caried away his whole bedding, insicht, plenishing and the haill abuilyementis of his owne and his wyffis, brunt and spoyled his buikis, chistis, chyres, stoolis and uther tymber work, eat up, spoyled and destroyed his haill cornes upone his gleib land, wherby he and his whole famalie were brought to a great straite and necessitie, as is notourlie knowne to the whole countrey quher he dwellis, and particular to the commissioneris heir in this present parliament. Lykas the provinciall assembly holden at Drumfreis in October therefter, laying to heart the great distresses as being the greatest and almost only sufferer of that kynd within the countrey of a minister, did give ther advyse to the reverend bretherene of the presbytrie of Penpont where he lived to take tryall and inspectioune of his particular losses swa farr as they could, which they have accordinglie done, and that fare within the worth, as [by] ther recomendatioun under their handis, togither with the recomendatioune of the said provinciall assemblie therwith produceit, is knowne, whilk he humblie craves that the estaites wald caus read for their further satisfactioune; and have ever since bene laboureing to wrestle through difficulties, not willing to trouble the estaites of parliament swa lang as he could utherwayes doe, is in end so farr pressed and overcome through the weight of civill burdings that unles they be pleased to help him in this his straite and necessitie he cannot bot succumb and so be disabled frome the frie and comfortable dischairge of his ministrie, which to him will be more griveous then death itselff. Supplicating the saidis estates of parliament to take to their serious consideratioune the great necessitie and extremitie quherunto he is redacted by his long suffering, and grant some speedie helpe and releefe to the said supplicant furth of the reddiest of the dewis belonging to the estaites ather heir or in the countrey where he lives, as the saidis estaites in ther wisdomes sall think most expedient, that so he may be the better encuraged to goe on in the faithfull dischairge of his calling, with friedome and cheerefulnes of spirit, and may have the greater occasioune to pray for a blissing frome the Lord upone ther and his work in hand, as at mair lenth is contenit in the said supplicatioune. Whilk supplicatioune, togidder with the reporte frome the committee of commoune burdingis beiring the losses foirsaidis to be sufficientlie instructed, being taken in consideratioune be the saidis estaites of parliament, they have ordained and ordaines the said Mr Bernard Sandersone to be satisfied and payed of the foirsaid soume of twelff hundreth merkis money, and that out of the taxt, loane or mantenance or any publict dewis auchtand be the schyre of Nithisdaill preceeding the moneth of October last 1648 yeeres.
[1649/1/323]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to their consideratioune ane supplicatioune given in to thame be the committee of warr of the schire of Drumfreis, shewing that the supplicantis being ordained be publict ordour to buy frome the estaites of parliament out of the publict magazine armes and ammonitioune, extending to twentie thousand merkis or therby, for defence of the schyre, at which tyme the one halff of the saidis armes wes sent for (to the number of foure hundreth and fyftie musquettis, two hundreth pickis and two hundreth swordis) and were imployed be those that sent for thame and joyned with James Grahame in that service against the kingdome at Philliphauche, whill as the supplicantis were forced to flie to Cairleill, and so many as they left of the saidis haill armes are yit in ane sellar in this toune, to the number of thrie hundreth and fyftie musquettis, two hundreth pickis and twa hundreth swordis and some ball. Notwithstanding quherof, Johne Achesone hes, in name of the estaites, caused chairge the supplicantis with horneing and denunce thame for not payment of the said soume, supplicating that the saids estates of parliament might give ordour to the said Johne Achesone not to insist againes the supplicantis, bot to insist againes those who sent for the armes and went againes the countrey, for and with the same for payment of swa many of the armes as they sent for; and that the armes which remane, being fresh and serviceable, may be taken to the publict magazine, the shyre being sufficientlie furnished alreddie, as at mair lenth is contenit in the said supplicatioune. Whilk, with the reporte frome the committee of commoune burdingis, being taken in consideratioune be the saidis estaites of parliament, they have ordained and ordaines the said Johne Achesone to receave bak frome the said supplicantis the saidis thrie hundreth and fyftie musquettis, twa hundreth pickis and twa hundreth swordis with swa many ball as are yit to the foir, and to give dischairge of the said band to the said committee of warr at Drumfreis at the same raite the said armes and provisioune were bought at, and put the saidis armes and ball foirsaid in the magazine hous; and hes dischairged and dischairges the said Johne Achesone and all utheris shireffis, stewartis, baillies of regalities, magistrats of burrowes and ther officeris to put the said band to any farder executioun againes the saidis supplicantis in any tyme heirefter. And the saidis estates of parliament declaires all executioune alreddie used upone the said band againes thame to be null, and that ther escheetis and lyferentis sall nawayes be in hazard be reasone of the foirsaid executioune, bot sall be frie and saiffe as if the samyne executioune and horning had never bene used in any tyme heirefter.
[1649/1/324]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to their consideratioune ane supplicatioune given in to thame be the committee of warr of the shirefdome of Drumfreis, bearing that albeit the said committee of warr have for advanceing of the publict service borrowed verie considerable soumes and imployed the samyne faithfullie for the publict use, for releefe quherof they did obteine warrand frome the estaites to lay the said soume proportionallie upone the haill schyre, notwithstanding quherof, be the revolutione of effaires in the last parliament, debtis of that kynd are declaired to affect any of the subscryveris severallie, wherthrow the haill burding of that debt contracted and employed for the use of the haill schyre will licht upone sick particular persones who were most forward for the publict, and wherfore therto diverse bandis of that nature are put in the register, which may endanger the credite of the weelaffected. Supplicating that the former act of the committee of estates wherby such soumes are ordained to be layd proportionallie upone the haill schyre may be renewed and revived and such soumes be layd proportionallie upone the haill heretors of the schyre, and the uther act of the laite parliament whereby the saidis soumes may be layd upone any of the subscryveris may be repealled, as at mair lenth is contenit in the said supplicatioune. Whilk, with the reporte frome the committee of commoune burdingis and ther opinion theranent, being taken in consideratioune be the saidis estates of parliament, they have repealled and repeallis the foirsaid act of parliament maid in anno 1648 whereby it is ordained that debtis contracted and bandis given be private perties for the use of the severall schires may be put to executioune againes the subscryveris therof severallie, and declaires the samyne voyd, null and extinct; and hes revived and ratified the act abonewrittin of the committee of estaites of the daite the [...] day of [...] jM vjC and fourtie [...] yeeris, ordeaneing such soumes of money as have bene contracted be private perties for the use of the schyre to be layd proportionallie upone the saidis respective schyres; and hes ordained and ordaines that all such bandis, debtis or soumes of money contracted be privat persones for the use of the schires sall be in all tyme cumeing layd proportionallie upone the said haill schire, notwithstanding of the former act of parliament maid in anno 1648.
[1649/1/325]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken to their consideratioune the supplicatioune given in to thame be Andrew Gray, merchand in Edinburgh, makand mentioune that whair in the moneth of November lastbypast the said supplicant delyverit in custodie and keeping to Jonet Gray, his sister, spous to George Campbell in Leith, thrie hundreth thriescoir and thrie Rex dolloris and fourtie twa schillinges, to be keeped be her for his use and behove whill he sould call for the samyne; and Williame, master of Gray getting knowledge therof, he, without any warrand and againes all law and equitie, come to the said George Campbell, his dwelling hous in Leith, and ther, be collusioune betuixt him and the said George Campbell and be his oversight and connivance, mellit, intrometted with and away tuik the saidis thrie hundreth thriescoir and thrie Rex dolloris and fourtie twa schillinges. Lykas the said supplicant haveing persued the said George Campbell for redelyverance to him therof, obtenit decreit therupone againes him befoir the baillies of Leith, decerneing him so to doe; and he fearing that the said supplicant sould have caused poynd his guidis and geir for the said soume, he hes added the more to his fraud and wrong that he hes summonds the said supplicant with ane copie of suspentioune, as if ane suspentioun had bene formerlie past and signet, whilk utherwayes laufullie he could not have done. And swa the said Williame, master of Gray and the said George Campbell, be taking away of the said supplicantis moneyis in maner foirsaid, he not being ther debtor be any maner of way, and be causing summond him with ane suspensoun whilk wes not as yit past, have committed manifest and oppen oppressioune againes law and justice and will not rander, restore and delyver to him his owne money. Supplicating therefore the estaites of parliament might be pleased to take the premises to their serious consideratioune and to grant warrand to a messinger of armes to summond and warne the said Williame, master of Gray and George Campbell to have compeired befoir the parliament or committee of estaites the [...] day of [...], with continuatioune of dayes, to have heard and sene thame decernit to restore and delyver to the said supplicant his money abonespeit wrongouslie intrometted with be the said Williame, master of Gray in maner foirsaid, and to have heard and sene thame further punished for the saidis wrongis in maner and as the saidis estates sould think expedient, as at mair lenth is contenit in the said supplicatioune. Whilk being heard be the saids estates of parliament, they have remitted and remittis in statu quo nunc est to the committee of estates, to be taken in consideratioune be thame and to determine therin.
[1649/1/326]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune the supplicatioune given in be Johne Sempill, wryttar, for himselff and in name and behalff of Johne Smollet, Mr Donald McAlpein and ther partneris, poore fischer men in Dumbartane, makand mentioune that quhair the conventioune of estaites be twa severall preceptis, ane upone the 22 of Merch 1644 and the uther upone the nynt of Julii the said yeere, gave warrand to Williame Thomesoune and Johne Campbell as commissaris for the Scottis army in Ireland to have payed to the said Mr Donald and his pairtneris twa hundreth fourscoir aught pundis sterling out of the first publict money that sould come in ther handis efter the first of Julii 1644, and that for the pryce of certane sufficient hering furnished be him and his pairtneris to the Scottis army in Ireland, in maner speit in the saidis precepts produced wherunto they gave him a right to uplift the samyne. Lykas the committee of estats, be thair band of the daite the thrid day of Maii 1644 yeeres, obleidged thame to have payed to him fyftie pundis sterling of borrowed money, with the ordinar annuelrent during the not payment therof, and that out of the reddiest money that sould come in to the use of the publict. Wherupone the supplicant, haveing meaned himselff to the parliament at St Andrewis in Januar 1646, they recommendit his supplicatioune and desyre therincontenit to the committee for money to take sick effectual course for his satisfactioune as the committee sould think fitt, as the said recommendatioune present to show beires. Nevertheles, the supplicant as yit hes never receaved any payment nor satisfactioune, and inrespect the foirsaid herring were sold a thrid doune of the pryce that utheris receaved of present money for the lyke herring and that the saidis poore fischermen are all ruined for want of the pryces therof, the samyne being their haill stok and substance, and that the said supplicant have bene a faithfull servant to the publict in wryteing their haill summonds of forfaltour and uther summondis against malignantis thir eight yeeres bygane and never receaved any satisfactioune bot ane hundreth merkis Scottis, and thairfore supplicating the saidis estates of parliament to commiserate the foirsaidis poore mens estaites and ruined conditioune, and in recompence of the supplicantis and ther services and paynes, ather to give warrand to the generall commissar and his deputtis for payment to him of the foirsaidis soumes respective, with the ordinar annuelrent therof of all yeeres and termes during the not payment of the same efter Witsonday 1644, at whilk tyme the samyne wes dew, or else to find out some uther effectual way for ther payment and satisfactioune, ather out of the excyse or monethlie mantenance or any uther way as the saidis estaites of parliament in equitie sall think fitt, as at mair lenth is contenit in the said supplicatioune. Whilk, togither with the opinion of the committee of commoune burdinges bearing the same to be sufficientle instructed, being reported in parliament, and they haveing taken the same to their consideratioune, they have ordained and ordaines the said Johne Sempill, supplicant, to be satisfied and payed of both the soumes of money abonewrittin, viz: of the said soume of twa hundreth fourscoir eight pundis sterling dew to the saidis Johne Smollet, Mr Donald McAlpein and ther pairtneris, and lykwayes with the uther soume of fyftie pundis sterling borrowed frome the said Johne Sempill, with the annuelrentis of both the said soumes of all yeeres and termes since the terme of Witsonday 1644, at whilk tyme the samyne wes dew, and in tyme cumeing during the not payment therof; and for his more sure payment, the saidis estaites of parliament hes granted and be thir presentis grantis precept to Sir James Stewart of Kirkfeild, generall commissar, for payment of the saidis soumes, principall and annuelrentis, foirsaidis restand awand, whilk precept, togither with the said Johne Sempill, his dischairge upone the recept of the said soumes, the estates of parliament declaires to be ane sufficient warrand for allowing of the said soumes in the said generall commissar, his accomptis.
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The estates of parliament, taking to their consideratioune the supplicatioune given in to thame be Johne Denholme, fermer in Colingtoune, shewing that it is not unknowne to a great pairt of the saids estates that in the tyme of the countreyis merch frome Falkirk to Edinburgh the whole armie of horse rested upone the said supplicant, his farme, be the space of 24 hours, eating up, trampleing under foote and destroying the haill cornes belonging to him that were than standing shorne and growing upone his said farme in Colingtoune. The supplicant at that tyme besought these of the saidis estaites that were then present to caus abstract frome his farme land the said armie that were at that tyme eating up and destroying his cornes, bot becaus it could not convenientlie be gottin done, thairfore the lord chancellour, the erle of Lowthean, with certane uther noblemen and gentlemen, gave directioune to the supplicant to compryse the skaith, promiseing to sie the losses repaired with all conveniencie; whairupone the supplicant immediatlie efter the removeing of the armie called fyve of the ablest men of his nighbors about, desyreing thame to cognosce upone his losses, who being conveened upone the ground and seing the destructioune therof, they fand in conscience that frome lying doune of the leagure to the ryseing therof there wes destroyed, eatten and trampled threttie bollis oattis sawing, valued to the thrid corne, with the fodder; item, fourtie twa thraves of beare, with the fodder, valued to twentie bollis beare; nyntene bollis peis sowing, valued to twentie bollis of peis, with the fodder; ten bollis of wheat, with the fodder, all belonging to the said supplicant, as ther apprysing subscribed with their handis therwith produced hes testified. The supplicant representit to the saidis estaites that if his cornes had not bene eattin up and destroyed be the armie, his threttie bollis of oattis sowing, with the fodder, valued to the thrid corne as said is wold have maid upe fourscoir ten bollis, quhilk, with the fodder, at this tyme would have given ellevin pundis ilk boll, inde nyne hundreth fourscoir ten pundis; item, his twentie bollis of beir, with the fodder, wold have given ellevin pundis, ten schillinges ilk boll, inde twa hundreth twentie pundis; item, his twentie bollis of peis wold have given fyftene pundis ilk boll, inde thrie hundreth pundis; item, the fodder of the peis, being twa hundreth thrave, wald have given twentie shilling ilk thrave, inde two hundreth pundis; item, his ten bollis of wheat, with the fodder, wold have given aughtene pundis ilk boll, inde ane hundreth fourscoir pundis, extending in the haill the saidis soumes to the soume of ane thousand, eight hundreth fourscoir ten pundis Scottis. The whilkis lossis hes so farr dissabled the said supplicant, that he is nether able to pay the master his dewtie nor sow the ground againe; and, which is worse, he is not able to mantane his famalie, which is numerous, unles the estaites provyde remeid. Supplicating thairfore the saidis estaites might be pleased to take some effectuall and speedie course wherby the supplicant, his losses, may be repaired, that so he may be enabled to saw the ground againe, pay his master and manteane his famalie, and also that in tyme cumeing he may as in tyme bygane be able at all occasiounes to serve the saidis estates and his countrey, as at mair length is contenit in the said supplicatioune. Whilk being heard and recommendit to the committee of commoune burdings to sie the samyne instructed and reporte ther opinione theranent, wha accordinglie have given in ther reporte bearing the foirsaid supplicatioune sa farr as concernis the soume of ane thousand, six hundreth thriescoir ten pundis xiij s. iiij d., as the soume comprysed to the supplicant for the skaith done be the forces for the countrey, to be sufficientlie instructed in maner mentioned in the said reporte, the saidis estates of parliament hes ordained and ordaines the said Johne Denholme to be peyed of the foirsaid soume of ane thousand, six hundreth thriescoir ten pundis, threttene schillinges, foure pennies, and for that effect hes recomendit and recommendis the said Johne Denholme to the committees of estates and moneyis, that some effectuall course may be taken for his payment and satisfactioune.
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The estates of parliament, taking to their consideratioune the supplicatioune given in be the magistrattis of the burgh of Dundie, makand mentioune that quhairas upone the humble supplicatioune given in to the saidis estates of parliament for ane ease of the mantenance dew be the said burgh, and that in respect of the many great losses the said burgh sustenit for ther constant affectioune to religione and countrey and the great burdingis and debtis the said burgh lyes under, but cheefelie for the continuance of the plague sex monethis togither, which now againe to their great feare in this seasone is broken out, the estates of parliament forsaid were pleased out of their guidnes to exeme the said toune of Dundie be ane act of parliament frome payment of two monethis mantenance preceeding October last 1648. The which favoure and ease will be altogether ineffectuall to the said burgh becaus ther being only two monethis mantenance preceeding October last dew to the publict be the said burgh, thair peyment therof wes assigned to Sir Johne Broune be the committee of estaites, and, conforme to their ordour, the said toune hath given him full satisfactioune for the saidis two monethis mantenance. And thairfore supplicating the saidis estates of parliament that, as in the lyke caices the burghis of St Andrewis and Glasgow have had ane ease granted to thame, so the saidis estates of parliament wald be pleased to allow the said toune the retentioune of the said two monethis mantenance which sall be restand awand be the said toune to the publict, that so the said toune may not be frustrate of the saidis [act] of parliament [in] ther favour, which will be so seasonable to the said toune in this tyme of ther visitatioune and miserie that they may be thankfull to the estaites foirsaidis for the same and contribute ther utemost endavouris for the estaites prosperitie, as at mair lenth is contenit in the said supplicatioune. Whilk, togidder with the opinione of the committee of billis given in anent the desyre therof, being heard and considderit be the saidis estaites of parliament, they, inrespect that the said Sir Johne Broune hes evictit frome thame the foirsaidis two monethis mantenance preceeding October last, notwithstanding the parliament had exemit thame of the said two monethis mantenance, have ordained and ordaines Sir James Stewart, generall commissar, to mak payment to the magistrattis of the said burgh of Dundie (or any ane of thame in name of the said toune) of the said two monethis mantenance, and that out of the borrowed moneyis or fynes to be uplifted, and grantis precept to him for that effect; quhilk, togither with ane dischairge to be purchased be him frome the magistratis of the said burgh (or ony of thame) upone the payment foirsaid, sall be ane sufficient warrand to him anent the payment therof.
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The estates of parliament, taking to their consideratioune the supplicatioune given in be the supplicantis undersubscryveand, makand mentioune that quhairas they could not joyne in consent with the laite Engadgment againes England and used all meanes possible and laufull to be frie of breach of covenant, were necessitate to flie frome his hous all the tyme wherin that wicked pairtie did prevaill, by threatneing not only of spoyleing of ther guids (which wes done), bot of violence to their persones incaice they could be fund; and they being so unjustlie and crewellie dealt with that most unrulelie souldiors were sent against them to exact not only quarteringis at their pleasor bot to deface their houses, terrifie their wyffis, servandis and childring and to dryve away his cattell, destroying ther cornes and grass, and ather to carie away or at least mak useles his houshold plenishing, till at lenth they constrained the poore wyff and tennentis through such horrible oppressioune to yeild unto their furie and to pay to thame the soumes of money enjoyned by the corrupt actis of the laite parliament for deficiencie of horsemen and futmen, bot also to give according as they invyed and heated the pertie treipill, double or at leist much more nor wes imposed be the foirsaid actis. And thairfore humblie supplicating that the saidis estates of parliament wald be pleased to take some speedie course for repaireing his losses in suffering for the caus of God, utherwayes they wald be redacted to such great necessitie that they will nawayes be able to helpe forward the work of reformatioune as they were wont to doe. And if the saidis estates of parliament wold be pleased to take to consideratioune the said supplicantis conditioune, they sall, God willing, clearlie demonstrate how (besydis this last crewell oppressioune to advance a wicked course) the said supplicantis hes in former tymes suffered verie much extortioune of quarteringis and great soumes of money far above ther abilitie and that which wes requyred by publict ordouris, even in the furtherance of the good caus, which wes managed by men seiking ther owne wealth and greatnes, which now God hes maid knowne to all throw ther avarice and desyre of inricheing thamselves. And not only so, bot quhen the supplicantis foirsaids, to increase their miserie when they were in armes with utheris for the covenant, the same commissionaris or sume of thame who had bene their opposseris in the unlaufull Endgagment did take upone thame to tax him by laying on a great cess upone him absent, to be given to the malignant forces then at Stirling. By all which the supplicant foirsaid is verie hopefull that the saidis estaites of parliament sall be moved to commiserate him and grant unto him ane favourable anser, wherby the said supplicant sall ever be obleidged to serve the saidis estaites of parliament in all laufull deuties. Sic subscribitur, James Pendour of Burne, William Tennent, portioner of Westerdykheidis, James Boyd of Balmitchell, Robert Russell of Brigend, Peiter Russell of Quhine [and] James Haistie in Panksholl, as at mair lenth is contenit in the said supplicatioune. Whilk supplicatioune, togither with the reporte of the committee of estaites anent the premises, being heard and considdered be the saidis estaites of parliament, they have ordained and ordaines Johne Rankene of Southbanichar to restoire and delyver bak againe to the said James Pendour the soume of twa hundreth and twentie merkis exacted be the said Johne Rankene and his wyff fra the said James Pendour; and for further tryall of the losses sustenit be the said James Pendour and remanent supplicantis foirsaidis, the said estates of parliament hes given and granted and be thir presentis gives and grantis full power and commissioune to Johne Gillone, youngar, of Walhous, Williame Ross in Saitries, Patrik Young of Killicantie and Williame Dick of Bankheid, or ony twa of thame, with power to thame to choyse ane clerk to take tryell of the remanent losses sustenit be the said James Pendour and remanent supplicantis foirsaidis, by and attoure the two hundreth and twentie merkis money foirsaid, with power to thame, or any twa of thame, to examine witnesses and to take all maner of probatioune for tryall of the saidis losses in maner speit in the printed act of parliament maid at St Andrewis, 3 Februar 1646. And hes ordained and ordaines the saidis commissioners to reporte ther proceedingis subscribed with their handis to the estaites of parliament or committee of estaites, to the effect that therefter they may take further notice therof as they sall think expedient.
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The estates of parliament, taking to their consideratioune the supplicatioune given in be Alexander Tennent, Patrik Craig and Thomas Lokhart, baillies of the burgh of Lanerk, makand mentioune that quhair the saidis supplicantis maid peyment for the publict use of the soume of ane thousand, twa hundreth fourscoir sextene pundis given to the factoris of Campheir as a pairt of the ammonitioune sent to this kingdome, of the whilk soume peyed be the royall burrowes they were ordained to be repeyed out of the excyse and borrowed moneyis of ther awne burghis; conforme wherunto, the parliament, be ther precept of the 18 of Julii 1644, ordained the intrometteris with the borrowed moneyis and collectoris of the excyse to pey the saidis supplicantis of the first and reddiest of the excyse and borrowed moneyis to be exactit and uplifted the foirsaid soume, with the annualrent therof since Mertimes 1642. Lykas ther being addebtit to the supplicantis for quarteringis fra the first of Merch 1644 till the sextene day of Maii 1645 the soume of 2,968 lib. 5 s., the commissiouneris of excyse gave precept to Sir James Stewart for peyment therof on the 16 Maii 1645; and also they have sustenit the burdingis of quarteringis for ane pairt of the generall of artilyearies regiment in Merch and Apryle 1648, extending to 100 lib., as Leuetennent James Stewartis testificat of the thrid of Apryle 1648 beires. And siclyke the supplicantis cornes were destroyed, housses broken up and ther guidis and geir taken away and robbed be the armie conducted be James Grahame, as by the estimatioune of honest men upone their oathes will extend to 20,000 merkis, and that by and attoure fourscoir bollis aittis destroyed to thame be our owne armie in persuite of James Grahame efter Phillophauche. And lykwayes for ther constancie and integritie to the trew caus, being refractorie to the laite unlaufull Ingadgment, they were cessed be trouperis and quartered upone abone sex weekis, and not only took ther interteanement at will, bot also spoyled the supplicantis houses, destroyed cornes and exacted money to their pleasor according to their degrees, the meanest 30 s. a day by his interteanment, extending the chairges and losses of this particular to 12,000 lib. Farder, the supplicantis had ther cornes destroyed be the pertie under Collonell Robert Montgomrie whill he wes in persuite of Collonell Barkcley, to the availl of 300 merkis. And besyde and attoure all this unsupportable suffering foirsaid, to add more to their former miserie, Captane Somerwell of Camnethan and Captane Maxwell, wha were officeris in the laite unlaufull Ingadgment, being inraged that they had neither gotten men nor moneyis for the use of the said Ingadgment, came to the said burgh of Lanerk upone the Sabbathe day, being ane day of solemn humiliatioune, and thair in tyme of divyne service, being accompanied with a number of armed men, did take violentlie out of the kirk abone threttie men of great age belonging to the said burgh and cast thame in prisone, detenit thame therintill. They, being poore, distressed men and ruined be the troubles foirsaidis, were forced to pey the soume of 500 lib. And albeit ther hes bene actis and preceptis granted be the publict for payment of the soumes of money abonewritten, yit they have all proven unusefull to the said supplicantis and the poore burgh will be allutterlie ruined, and thairfore supplicateing that the saidis estaites of parliament wold take ther deplorable conditioune to serious consideratioune, and to think upone some effectuall meanes wherthrow the foirsaid old burgh, haveing so constantlie studen to the guid caus, may be preserved frome utter destructioune. And in the meane tyme, that they have ther mantenance and excyse (whilk is a mater not considerable to the publict) reserved to thame for ther present subsistance, and that ther soumes of money and losses abonewrittin may be peyed to thame out of the reddiest moneyis sall be gottin in be the generall commissar, the armie being first peyed; and that they may be exemed frome all quarteringis and of the outreik of their proportioune of horse and foote becaus of ther non abilitie, as the said supplicatioune at mair lenth beires. Whilk being heard and considderit be the saidis estates of parliament, they have seriouslie recommended and recommendis the foirsaid supplicatioune and desyre of the petitioner therincontenit, with the pitiefull conditioune that the said toune standis into, to the committee of moneyis, with full power to thame to determine therin.
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The estates of parliament, taking to their consideratioune the supplicatioune presented to thame be his maties principall takismen of the impostis and customes, shewing that whairas the committee of estaites of parliament did appoynte ane committee for regulating of the effaires of the exchequer, which committee did sett to us ane fyve yeere tak in November last of his maties impost and customes throw the whole kingdome, and did obleidge themselves to procure the said tak ratified be the estaites of parliament then nixt inschewing, and to put them in peaceable possessioune of the saidis whole impostis and customes by annulling all takis and subtaks set to any takismen of the same of befoir, or by doeing ony uther thing necessar to thame for the weill of the said take wherby merchandis may be encuraged to traffic or trade by exporteing or importeing of commodities, throw which the take may be advanced and the supplicantis enabled to pey the tak dewtie that they are bund to doe. Thairfore supplicating the estaites of parliament to ratifie and approve this their present take and to annull and declaire voyd all prior takis or subtakis set to any utheris within the kingdome of befoir of whatsomever portis, harberies or boundis, commanding thame to decist frome all molesting the supplicantis or any of ther subtakismen in uplifting and collecting of the impostis and customes throw the kingdom; and to recommend their pitiefull conditioune to the commissioneris of exchequer, that ane consideratioune might be granted them, seing throw the appearance of troubles trade is much decayed and lyklie totallie to cease, wherby your petitioners this yeere will not recover the halff of the tak dewtie; and lastlie that the parliament wald appoynte shippis of strenthe for clearing of the seas frome pirrattis and robberis, that merchandis may be encouraged to trade saifelie without the lose of their whole stokis, lyves and fortunes, as to ther heavie lose and prejudice they have fund thir yeeres bypast, as at mair lenth is contenit in the supplicatioune. Whilk being heard and considderit be the saidis estaites of parliament, they have ratified and approven and be thir presentis ratifies and approves the foirsaid principall tak sett be the committee appoynted be the estaites of parliament for regulating of the effaires of the exchequer, viz: Johne, erle of Lowdoune, lord high chancellour of Scotland, Archbald, marques of Argyll, Johne, erle of Cassillis, Johne, lord Balmerinoch, Robert, lord Burghlie, Sir Archbald Johnestoune of Wariestoune, Sir Alexander Belsches of Toftis, Arthour Erskene of Scottiscraig, Mr George Winrahame of Libbertoune, Sir James Stewart, provest of Edinburgh, Sir Johne Smith of Grottell, knyght, Robert Lokhart, merchand burges of Edinburgh, and George Gairnes, baillie, burges of Bruntiland, to Sir Williame Dick of Braid, knyght, David Wilkie of Dolphingstoune, ane of the baillies of Edinburgh, James Eleis of Stennopmylnes, Johne Denholme, ane of the baillies of Edinburgh, and Mr Alexander Dick, laufull sone to the said Sir William Dick, of the daite the second of November 1648 and registrat in the buiks of exchequer upone the tuelff day of Januar 1649, wherby the said committee sett for the yeerlie tak dewtie and upone the provisiounes and conditiounes mentionat in the said tak to the saidis principall takismen foirsaidis, ther aires and assigneyis of na hier rank and degrie nor themselffis all and haill the kingis maties customes and great impost of wynes dew to be peyed to his matie for all guidis, geir, merchandice and wynes imported within this kingdome or exportit furth of the samyne or yles therof be sea or land of whatsomever nature, qualitie or conditioune the samyne be of, togidder with the custome of all unlaufull and prohibite guidis imported or to be imported and exported upone licence within this kingdome of whatsomever nature, name or qualitie the samyne be of, and that for all the dayes, space, yeeres and termes of fyve yeeres compleit nixt and immediatlie following the saidis takismen, ther entrie therto, whilk begane upone the first of November 1648, in the haill heidis, clauses, articles, provisiounes and contentis therof, dispenseing with the not inserting of the haill tennor of the samyne and admitting the generalitie abonewritten to be als sufficient as if the haill tennor of the foirsaid tak were verbatim insert and exprest heirintill. And for the said principall takismen, ther farder securitie in the peaceable possessioune of the saidis customes and impostis set to thame in maner foirsaid, the saidis estates of parliament hes anulled and anullis all former taks or subtakis and assedatiounes set be whatsomever persone or persones to whatsomever takismen of the customes and impostis abonewrittin of whatsomever daite, tennor or contentis the samyne be of, and declaires the samyne voyd, extinct and null as if the samyne had never bene maid nor granted, commanding thame heereby to decist frome troubleing or molesting of the said Sir William Dick and remanent takismen foirsaidis or ther subtakismen in uplifting and collecting of the saidis impostis and customes throw the kingdome during the space abonespeit. And farder the saidis estates of parliament hes recommendit and recommendis the pitiefull and heavie conditioune the said principall takismen lyes under and are lyklie to suffer throw the appearance of troubles, tred being much decayed and lyklie totallie to cease, wherby the said principall takismen will not, as is alledgit, be able to recover the half of ther tak dewtie, to the consideratioune of the commissioneris for the exchequer. And lastlie the saidis estates of parliament hes remitted and remittis that member of the said supplicatioune wherby it is craved that they wald appoynte schippis of strenth for clearing of the seas frome pirrattis and robberis, that merchandis may be encouraged to travell saifelie without loss of their lyves or fortunes, to the committee of estaites, to be tane in consideratioune be thame.
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The estates of parliament, taking to their consideratioune the supplicatioune given in be Mr Williame Row, minister at Forgundeny, makand mentioune that quhair for his constant integritie and reall affectioune to the gude caus and for his fordwardnes and zeall therin, quherof he does not repent, he was so heatted be the enemies therof and ther rage towards him wes so great, especiallie these enemies that followed James Grahame, that he wes hunted be them for his lyff and durst not keepe his own house, but wes forced to flie, himselff, his wyff, bairnes and famalie, and expose his house and all therin to their crueltie, wherout of they tuik the haill plenishing and left nothing therin. The losse sustenit be him therin amountis to the soume of fyve hundreth thriescoir sextene pundis, sextene schillinges, cognosceit befoir the committee of losses in Perthschire upone the ellevint day of December 1645 and approven befoir the lordis and utheris of the committee of losses at Edinburgh 28 of December 1647, as the samyne beiris, whereof as yit he hes gottin no satisfactioune and he is drawne now to that hard estaite and conditioune, occasioned pairtlie throw the foirsaid loss he hes sustenit and pairtlie throw ane finall and evill payed stipend, and pairtlie with the greate burding of his familie, consisting of himselff, his wyff and aught childring, by servandis, that trewlie he is not able to subsist nor get his bairnes holden at schoolis, to his great greefe, without he be helped and supplied. Humblie therfore intreating to take his hard estaite and conditioune to consideratioune and to take suche course for peyment of his saidis losses for his present subsistance as sall be thought gude. Whilk supplicatioune being heard and recommended be the parliament to the committee for commoune burdingis and losses to sie the samyne instructed and verified and to give ther opinione anent some effectuall way of payment, who haveing seene the said supplicatioune sufficientlie instructed and given ther opinione anent the way of payment in maner mentionat in the said reporte, and haveing reported the same to the parliament, the saidis estates of parliament hes ordained and ordaines the said Mr Williame Row, supplicant, to be satisfied and peyed of the foirsaid soume of fyve hundreth thriescoir sextene pundis, sex schillinges and that out of the superplus of the fynes or borrowed moneyis to be exacted of these persones contenit in ane list or roll given in be [...] Campbell, now of Lawers for satisfieing the soumes of money ordained to be peyed to him be the parliament or out of any uther fynes or borrowed money to be uplifted.
[1649/1/333]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune the desyre of ane letter frome Johne, erle of Crawfurd Lindsay direct to the erle of Cassillis, the laird of Brodie and Hew Kennedie of the daite of thir presents, shewing that throw the indispositioune of his bodie this tyme past and his greefe occasioned be the losse of the kingis matie and the lord duke of Hamiltoune had keept him frome waiteing upone thame or thinking upone any bussines, thairfore humblie craveing libertie to goe to his owne hous; and he should be willing to undergoe the penaltie of ane hundreth thousand merkis if he doe any thing to interrupt the peace of the kingdome. Which letter being communicate be the erle of Cassillis to the saidis estates of parliament, they have confyned and confynes the said Johne, erle of Crawfurd Lindsey to his hous of Strutheris, and hes ordained and ordaines him to find cautioune under the paine of ane hundreth thousand merkis not to goe without the boundis of his confynement; and hes remitted and remittis to the committee of estaites to conveene the said Johne, erle of Crawfurde befoir them for subscryveing of the band for keeping the peace of the kingdome, and if he sall happen to refuise to subscryve the samyne, ordaines and gives power to the said committee to take such farder course with the said erle of Crawfurd thairanent as they sall think fitt and expedient.
[1649/1/334]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune that the place of his majesties justice generall is now vaiccand throw the sentence and deprivatioune laitelie pronunced againes Williame, erle of Glencairne, laite justice generall, and that for the better administratioune of justice it is necessar and requisite the said place be filled and dischairged be some persone of honour and of knowne abilities fitt for the dischairge therof, thairfore the saidis estates of parliament hes nominat and appoynted and be thir presentis nominatis and appoyntes Johne, erle of Cassillis, lord Kennedy etc. to be his maties justice generall, with all honors, dignities, liberties, fies, casualities and utheris belonging therunto als frielie in all respectis as the said Williame, erle of Glencairne had the samyne befoir; with power to him to bruik and enjoy the samyne with all honors and dignities belonging therunto, and to uplift all casualities, dewties and fies and utheris belonging therto als frielie in all respectis as the said Williame, erle of Glencairne or any utheris hes bruiked or possest the samen in any tyme befoir and may now stand with the lawis of this kingdome, and ordaines ane gift to be past to him of the said office under the great seall.
[1649/1/335]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune that be the act of parliament of the daite of thir presentis they have repealled, rescindit and annulled all commissiounes or giftis for new heretable or lyferent shireffschippis, baillies or regalities granted of new be our laite soverane lord since the parliament 1641 to any except such as had thame befoir and are frie of the classes, and had dischairged the receaveris of these giftis to clame any jurisdictioune therby over the liedges or mak any use therof under the paines contenit in the said act, as in the samen at mair lenth beires. Be the whilk act many places of principall shirefschippis are now vaiccand, and leist the leidges sould be frustrate of justice in so necessarie a trust and chairge, thairfore the saidis estates of parliament, haveing experience of the fidelitie and abilitie of the persones efterspeit for dischairgeing of the saidis places, have nominat and appoynted thame to be shireffis principall in the respective schires efterspeit, viz: Sir Johne Wauchope of Nidrie, knight, for Edinburgh principall, [...] Dowglas of Mouswald for Drumfreis, Sir Charles Erskene of Alveth, knight, for Stirling, [...] Hepburne of Wauchtoune, knyght, for Hadingtoune, Sir David Home of Wedderburne for Berwick, Johne, erle of Sutherland for Sutherland, Sir Thomas Ruthven of Frieland for Perth, Sir Williame Carmichaell, feare of that ilk, for Lanerk, [...], master of Forbes for Aberdene [and] [...] Lindsay of Edyell for Forfar; and approves and ratifies the gift granted be his matie to Johne, erle of Lowdoune, lord high chancellor of Scotland, of the shirefschip of Air and bailliarie of Kylestewart, wherupone the said lord chancellour asked instrumentis; Sir Johne Sinclair of Dumbeath for Kaithnes, Mr Alexander Dowglas, provest of Banff, for Banff, [...], erle of Rothes for Fyff, the lord marques of Argyll for Innernes and the said lord marques of Argyll for Ross. And gives and grantis to thame full power, commissioune and authoritie to exerce the said place as shireffis principall of the respective schires foirsaidis for the space of ane yeere to cume frome the day and daite heirof, with all honouris, dignities, liberties, fies, casualities, proffeittis and commodities apperteining and belonging therto als frielie as any uther principall shireffis had the samyne befoir. And with power to uplift the fees, proffeittis, casualities and dewties belonging to the said place during the space foirsaid, and als with power to thame and everie ane of thame to nominat and appoynte depuitts, ane or mae, under thame for discharge of the said place, for whome they sall be anserable during the space foirsaid (except where ther is deputtis unsuspect alreddie established) for their lyfetyme be vertew of lawfull giftis, which deputtis fallis not under the compas of the act of classes bot are of knowne integritie. And ordaines the clerk registere to give out particular actis to the saidis shireffis as they sall desyre the same.
[1649/1/336]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing heard the supplicatioune given in to thame be the burgh of Pearth, craveing the bygane mantenance of the said burgh since Maii last restand unpeyed and in tyme cuming sa lang as it continewis a gariesone toune to be dischairged. Whilk supplicatioune being taken in consideratioune be the saidis estaites of parliament, they be thir presentis doe dischairge the said burgh of the bygane mantenance therof preceeding October last, provyding McConnachie gett payment of his precept furth of the mantenance of the schire of Perth without exceptioune of the burgh; utherwayes the assignement given to him to be furth of the bygane mantenance of the said schire and burgh to stand untill he be payed. As also dischairges the said burgh of ther former suspendit mantenance preceeding the first of Februar last and siclyke dischairges the said burgh of the soume of fyve hundreth pundis monethlie of ther mantenance in tyme cumeing sa lang as it continewis a garisone toune.
[1649/1/337]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune that it will be necessarie and expedient that ther commissioneris directed to the kingis matie, viz: Johne, erle of Cassillis etc., Alexander Brodie of that ilk, Mr George Winrahame of Libbertoune and Alexander Jaffray, baillie of Aberdene, sall have power and libbertie granted to thame for uptaking of soumes of money for performeing the great effaires intrusted to thame, thairfore the saidis estates of parliament hes given and granted full power and warrand to the saidis commissioneris to uplift whatever soumes of money they sall have use of, conforme to the particular ordour given to thame for that effect.
[1649/1/338]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune that throw the sentence of depositioune past againes Sir Johne Hamiltoune of Orbestoune, knight, the place of justice clerk formerlie possest be him is now declaired vaiccand, and least that throw the vaiccancie therof the leidges sould susteine prejudice throw the want of administratioune of justice, thairfore the saidis estates of parliament hes nominat and appoynted and be thir presentis nominatis and appoyntis Sir Hew Campbell of Cesnock to be justice clerk and gives and grantis unto him all honoris, friedomes, dignities, liberties, fies, casualities and utheris priviledges whatsomever belonging and apperteining to the said place as justice clerk, with power to him to bruik and enjoy the samyne with the honoris, friedome and dignities foirsaidis and to uplift the fies, dewties and casualities therof als frielie in all respectis as the said Sir Johne Hamiltoune of Orbestoune or any uther his predicessouris bruiked and possest the samyne of befoir as may stand with the lawis of this kingdome, and ordaines ane gift to be past of the said office under the great seall.
[1649/1/339]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune that throw [...]†the place of master of requests to his majestie is now vaiccand, and that for easing of the subjectis and better accomodatioun of bussines belonging to that chairge it is necessar that the said place be filled be ane honest and able man, and haveing sufficient experience of the fidelitie and abilitie of Sir Johne Cheislie of [...], knight, thairfore the saidis estates of parliament hes nominat and appoynted and be thir presentis nominatis and appoyntis the said Sir Johne Cheislie to be master of requeistis to his matie, and gives and grantis unto him all honoris, friedomes, dignities, liberties, fies, casualities and utheris priviledges whatsomever belonging and apperteining to the said place as master of requests to his majestie, with power to him to bruike and enjoy the samyne with the honoris, friedomes and dignities foirsaidis and to uplift the fies, dewties and casualities therof als frielie in all respectis as the said [...] or any of his predicessouris bruiked and possest the samyne befoir as may stand with the lawis of this kingdome, and ordeanes ane gift to be past of the said office under the great seall.
[1649/1/340]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune the supplicatioune given in to thame be Archbald, marques of Argyll, for himselff and in name and behalff of Johne Campbell of Calder, makand mentioune that quhair the landis of Kintyre, Ila and remanent landis in the hielandis and iles perteining to the supplicantis, being totallie waisted, destroyed and maid unproffitable be the Irish rebellis and ther assosciatis the tyme of the laite rebellioune, and therby they being altogither maid unable to pay the few dewties addebtit furth of the samyne to the kingis matie and the prince, his hienes, the supplicantis in the moneth of Merche 1647 yeeres meaned thameselves to the estaites of parliament then sitting, who were pleased be their act of the daite the twentie sixt day of that moneth to dischairge them of the few dewties of the landis abonespeit for thrie yeeres then bypast and yeerlie in tyme cumeing ay and quhill the rebellis sould have bene ejected, and to declaire that ther rightis and infeftmentis of the landis afoirsaidis sall not be reduceable upone the clauses irritant for not peyment of the few dewtie therof, as the said act of parliament therwith produced proportis. And albeit that in the yeare of God 1647 yeeres foirsaid the saidis rebellis were be the forces of the kingdome ejected, yit the saidis landis remane altogether unpeopled and desolate, swa that they have no rent payed out of the same and therby are unable to pay any few dewties furth therof. And seing all the supplicantis losses and sufferingis have bene for ther fidelitie and affectioune to the caus and covenant, supplicating therefore that the saidis estaites of parliament wald be pleased not only to ratifie and approve the said former act of parliament past and expede in ther favors, bot also to exoner and dischairge thame of the few dewtie of the saidis landis of Kyntyre, Ila and uthers in the hielandis halden be thame of the kingis matie and prince, his hienes, off the twa yeeres lastbypast sen the daite of the said act and of this instant cropt and yeere of God 1649 yeeres and in tyme cumeing ay and quhill they get their saidis landis or the maist pairt therof peopled and possest againe; and to declaire that the supplicantis, ther rightis and infeftmentis of the samyne sall not be reduceable upone the clauses irritant for not peyment of the few dewtie therof of these bygane yeeres and in tyme cumeing whill the same be peopled and possest as said is; and ordaine that equees be past in exchequer in ther favouris thereupone, as at mair lenth is contenit in the said supplicatioune. Whilk, with the former act of parliament of the 26 Merche 1647, being heard and considdered be the saidis estates of parliament, they have ratified and approven and be thir presentis ratifies and approves the samyne act of parliament in the haill heidis, articles and clauses therof, whairof the tennor followes: Att Edinburgh, the twentie sixt day of Merch 1647 yeeres. The estates of parliament, taking into ther consideratioune the supplicatioune of Archbald, marques of Argyll, for himselff and in name of Johne Campbell of Calder, shewing that the landis of Kyntyre, Ila and remanent landis in the hielandis and iles pertening to thame are waisted, destroyed and maid altogither unproffitable for the supplicantis be the rebellis that the supplicantis have receaved no rent furth therof thir thrie yeeres bygane, wherby they are maid altogither unable to pey the few dewties addebted furth of the samyne to the kingis matie and to the prince, his hienes; as also shewing that the marques of Argyll, his whole estaite is so destroyed be the rebellis, that he hes nothing left him for his owne subsistance or for interteanment of his wyff, childring and famalie; and thairfore desyreing that he and the said Johne Campbell of Calder may be dischairged of the foirsaid few dewtie of their saidis landis, alsweill for the thrie yeeres bypast as in tyme cumeing, whill the rebellis be expelled and taken ordour with, and to ordaine equees to be past in exchequer in ther favouris therupone; as also to give such effectuall directiounes as the parliament thinkis fitting to the lord high thesaurer and thesaurer depute of this kingdome to mak payment to the said marques of Argyll of that pensioune whilk the kingis matie at his last being heir wes pleased to conferr upone him, and that for the twa yeeres bygane at Witsonday nixt and in tyme cumeing; and that he may be peyed therof nixt to the lord chancellor and befoir any uther pensiounes or preceptis, as the supplicatioun mair fullie beires. The saidis estates of parliament doe heerby exoner and dischairge the supplicantis of the few dewties of the landis abonespeit, bothe for the thrie yeeres bygane and yeerlie in tyme cumeing, ay and quhill the rebellis be ejected and the supplicantis put in possessioune of the landis; and declaires that the saidis supplicantis, ther rightis and infeftments of ther landis afoirsaid, sall not be reduceable upone the clauses irritant for not payment of the fewdewties therof these thrie yeeres bygane and in tyme cumeing whill the rebellis be ejected; and ordaines that equees be past in exchequer in favouris of the supplicantis heirupone. And als the saidis estaites of parliament, inrespect of the marques of Argyll, his singular conditioune, doe thairfore heerby seriouslie recommend to the lord thesaurer principall and thesaurer depute the punctuall payment to the marquis of his said pensioune for byganes and yeerlie in tyme cumeing ay and quhill he be repossest in his landis, and that in the first place and befoir any uther precept or pensioune, anent the whilkis premises the estates declaires thir presentis sall be ane sufficient warrand. Extractit furth of the buikis of parliament be me. Sic subscribitur, Alexander Gibsone, clericus registri. And in lyke maner exoneris and dischairges the supplicantis and all utheris quhome it effeiris of the fewdewties of the saidis landis of Kintyre, Ila and uthers in the hielandis and iles halden be thame of the kingis matie and prince, his hienes, of the twa yeeres lastbypast sen the daite of the said act and of this instant cropt and yeer of God 1649 yeeres and in tyme cuming ay and whill they get ther saidis landis or maist pairt therof peopled and possest againe. And farder the saidis estaites of parliament declaires that ther rightis and infeftmentis of the foirsaidis landis sall not be reduceable upone the clauses irritant for not peyment of the few dewties therof of these bygane yeeres and in tyme cuming whill the samen landis be peopled and possest as said is, and hes ordained and ordaines that equees be past in exchequer in favouris of the said Archbald, marques of Argyll and Johne Campbell, supplicantis.
[1649/1/341]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune the supplicatioune given in be George Buchannane, feare of that ilk, makand mentioune that James Grahame, haveing conceaved ane deidlie hatred and malice againes the said supplicant for his fidelitie and constant service in the publict caus, sent some of the rebellis and took away the haill guids that were upone the supplicantis landis and herried the same in August 1645. Lykas in November that same yeere he came againe with his haill forces, horse and foote, and brunt and waisted his haill landis, murdered and begg[er]ed his freindis and tennentis, man, wyff and childring without respect of sex or age, besydes his hous, whill the estaites sent up the most pairt of their armie under the command of the erle of Callander, Generall Major Midletoune and Generall Major Howburne, who wer ey witnesses, and forced the enemie to retire, and therefter ordanit the supplicant to keepe ane gariesone in his hous for the use of the publict. Lykas also the said James Grahame in the moneth of Januar therefter sent the Clangregour and the McNabis to the rest of the supplicantis landis of Stroshire and otheris in Perth and Stirlingschires, possest thameselfis therin, herrieing and waisteing all whairever they came, placed tennentis of ther owne and removed his, exacted in his laite maties name the few dewties at ten merk, alledging thame to have ane gift thairof, wherby ever since the supplicantis haill landis hes bene altogither unproffitable to him; which losses are now notourlie knowne to exceed the value of ane hundred thousand merkis. And he haveing represented the same to the estaites of parliament at St Andrewis, they were pleased seriouslie to recomend the said supplicatioune to the committee of moneyis, not only for satisfactioune of his losses, bot also for subsistance in the meane tyme and for the arrearis of his regiment and garisone, and yeet notwithstanding he never receaved any satisfactioune. Lykas ever since mantenance and all uther publict dewis hes bene exacted of him and [he] forced to borrow and pey the same, and his tennentis that are yit left, being altogither beggered, plundered and spoyled as also be reasone of the oppositioune of the laite unlaufull Ingadgment, the cheefe men quherof, alledging that the supplicant not only opposed the same himselff bot also moved utheris to doe the lyke, took occasioune of new to destroy and waist his haill landis, tennentis and servandis and exacted such exorbitant and great soumes aff him that they are throughlie ruined and undone therby. Lyk[as] at the laite Ingadgment at Stirling the maist pairt of his freindis and tennentis that were with him were killed, murthered, taken prisoneris and plundered, where they loist ane hundreth stand of armes with swordis, bagage and haill moneyis which they had. By all which deidis the said supplicant and his freindis and tennentis are now utterlie undone, and thairfore supplicating that the estaites of parliament wald take the supplicantis hard estate into ther serious consideratioune and to dischairge the generall commissar and his deputtis fra exacting of him or his tennentis of mantenance or uther publict dewes, seing his landis are all waisted; and so give command and warrand to the generall commissar or his deputtis for exacting of him and his tennentis of mantenance or uther publict dewis, seing his landis are all waisted; and to give command and warrand to the generall commissar or his deputtis to mak payment therof or els find out some effectual way for payment of the arrearis of his regiment and gariesone; as also for his subsistance, according to the difference maid theranent at St Andrewis, or els the said supplicant and his childring will be redacted to extreame miserie and necessitie, to their uter ruing, perishing and undoeing. And that the saidis estaites of parliament wald be pleased to grant commissioune for trying of the supplicantis losses abonespeit, as the said supplicatioune at mair lenth beires. Whilk being remitted to the committee of commoune burdinges and losses to be considdered by thame and to sie the samyne instructed, and they haveing given in ther reporte therof to the estaites of parliament, the saidis estates of parliament hes ordained and ordaines the soume of twentie thousand merkis to be peyed to the said George Buchannane, feare of that ilk, supplicant foirsaid, towardis the payment of his arrearis and losses to ane accompt, and that out of the first fynes or lent money to be uplifted out of the shire of Stirling and Clakmannane; and if that meane be not effectuall, the same to be peyed out of any uther fynes or borrowed moneyis. And farder the saidis estaites of parliament ordaines ane precept to be drawne upone the generall commissar for so much as the said George Buchannane, his mantenance extendis monethlie to, and seriouslie remittis to the committee appoynted for moneyis to sie the samyne fullie satisfied to him.
[1649/1/342]*[print] [email] [cite] [preceding] [following]
The estaites of parliament, taking to their consideratioune the supplicatioune given in be Leutennent Johne Mure, makand mentioune that whair the supplicant, being left in Berwick by ordor of the commissioner sent to Berwick for attending and bringing home the canone, armes, ammonitioun and uther provisioune belonging to this kingdome that were then lying in Berwick, the said supplicant cairefullie imbarked the same and came along therwith to the road of Leith; and thair being commandit be the estaites to transporte the same to Stirling, the said supplicant went therwith accordinglie and delyvered the same at Stirling to Captane Dundas, as his recept therof under his hand beires; so that the said supplicant hes bene all this tyme (be the space of two monethis and twentie dayes or therby) in the publict service about the bussines afoirsaid. And now seing the said supplicant had dischairged the samen dewtie intrusted to him as said is, as the particular warrandis therof testifies, and that the said supplicantis accomptis, chairge and dischairge therof are ready to be revised by whomesoever the saidis estaites of parliament shall appoynte, and therefore humblie desyreing that the saidis estaites of parliament wald take the premises to consideratioune and to give warrand heirin to such as the estaites of parliament shall think fitt to revise the said supplicantis accomptis and take such course theranent as sall be thought necessar and reasonable, that the said supplicant may therby not only be exonerit of the said burding and chairge layd upone him as said is, bot also to repey the supplicant his expenses and restis debursed and sustenit be him in the said service, as the said supplicatioune at mair lenth beires. Whilk being taken in consideratioune be the saidis estaites of parliament, they have ordained and ordaines the generall commissar to mak payment to the said supplicant of the soume of twentie punds sterling for chairges and convoyeing of the artilyearie and amonitioune frome Berwick to Stirling.†