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The estaitis of parliament, haveing the places eftermentioned vacant in thair handis be the sentance and deprivation of these who formarly possessed the samen according to the act of classes, doeth nominat and elect the persons wnderwrittine to the places and offices of the estaitis of this kingdome respective eftermentionat, viz: [...]†, and that ad vitam vel culpam, conforme to the act of the present parliament of the dait the [...] day of [...]. Lykas they geve and dispone to the fornamed persones and ilke ane of them ad vitam vel culpam as said is the foirsaidis offices respective abovementioned, whearunto they ar nominat and elected in maner forsaid, togither with all honoris, dignetyis, profeitis, benefites, liberties and priviledges quhich have been possest and bruiked by any preceiding officeris of estaite of the forsaidis offices abovewrittine, and quhich may be now bruiked by the lawes of this kingdome; and ordains a gift to be past and exped wnder his hienes great seall to ilke ane of the persones abovenamed of the forsaidis offices respective abovewrittine whearunto they ar nominat and elected in maner befor rehearsed.
16 Marche 1649
Red and approvin in parliament, and ordaines the lyk to be drawin for the lordis of sessioun.
Loudoun, cancellarius, I.P.D. p[arliamenti]
This is not necessar to buikit becaus every one hes ther owne particular act.
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Supplicatioune Katherine Buchannane†
Wnto the high and honorable court off parliment, the supplication off Cathriene Buchanan, the ladie Rearis, younger
Humbly sheweth,
That whereas my umquhille husband was kilde in the publicke service at that unhapie field of Tipper-Moore, and that ever since I have beene wronged by my father in law, Robert Forbus off Rearis, who everie yeare detaines some of that proportion he is tyed to give mee by contract of mariage, and I still hopeing to have gained his favour by fairnes and in ane friendlie way without complaint; like as I caused my brother in law, the laird of Scotiscraige [to] write ane letter to him, desireing him in a faire way to pay mee this yeares rent for supplying the present necessitie of my selfe and children, which he delayed to give ane answeare to till within this two dayes, thinkeing thereby the parliament should close before I got opurtunitie to complaine, and I feareing the troubles of the tyme would frustrate mee of the just sentence of the judge ordinare if I should charge him uppon my contract of mariadge, he might suspend, therefore I humblie desire your lords to interpose your authoritie that he get no suspension, wherethrow I and my poore children may be redacted to great extreamitie. And your lords answeare humbly I desire etc.
16 Martii 1649
Remitts to the committee of estaitts, with pouer to thame to determine.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Supplicatioune for the laird of Edzell for exemptioun of mantenance and leavie inrespect of his great sufferingis†
Wnto the right honorable the estaites of parliament, humblie meanes and schawes I, your lords servitor, Johnne Lindesey of Edzell, that wheras during the late troubles and invasione of this kingdome by James Grahame, for my constant affectione and adherence to the common cause in defence of religione and countrey, the army of rebells wer for a long tyme encamped and quartered upon the lands of Edzell and Glenask, to the utter ruin and destruction of my lands and tennents in so farre as the wholle cornes wer brunt in the barne yardes and the whole store of cattell and guides wer killed or driven away, wherby the haill lands of Glenask, which wer worth of yeirlie revenew nyne thousand merks, have evir still beine lying wast be reason the tennents have not beine able to labour the same, in so much that the particular accompt of my losses, which was cleirlie instructit to the committee of common burdens, did amount to the sowme of fourescore thousand merks or therby, and that by and attour the great charges and expenses quhich I have hithertoe beine forced to susteine for menteining thrie severall garrisons for a long tyme to defend my tennents, wheroff many in ther owen defence wer most cruellie and barbarouslie killed; as likwise ever since a constant guard of fourty men for defending my lands and tennents from the daylie incursiones of enemyes and robbers, the consideratioune wheroff moved the committee of estaites to exime me from payment of mentenance, seing ther owen deficulties did hinder them from giveing further satisfactione for my heavie losses. Heirfore I humblie beseek your lords to take the premises unto your serious consideratione, and in respect that hithertoe I have never resavitt from the publick any satisfactione of my great burdens and losses, your lords will be pleased to ratifie and approve the act of the committee of estaites grantit in my favors and to declare and continew my exemptione from paying of mentenance untill suche tyme that I be somewayes releeved of my losses and my lands and tennents be able to pay ther dewties; as likwise that your lords will be pleased to frie me and my tennents from putting out of any hors or foot in this new levie and expeditione in respect of our great sufferings and unabilities; and I shall be still readie to continew my endevors for the advancement of your lords service and welfare. And your lords answer humblie I expect.
At Edinburgh, the 16 of March anno 1649
The estaittis of parliament, presentlie convenit in the secound sessioune of the 2 trienneill parliament, haveing hard the supplicatioun within writtin and desyre thairof, they have remitt and remitts the samyein to the comittie of estaittis, to be considderit be them as they sall think fitt and expedient and according to the good deservingis of suplicant.
A. Jhonston, clericus registri
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The humble petition off Harie Elphinstoune of Caderhall†
Harie Elphinstoune of Caderhall, in the [16]39 yeir of God, having lent to the erle of Rothes, my Lord Lindsay and the Lord Balmerino the soume off tuintie fyve hunder mark as ane privat band, quhilk band is declarit sinc by them to have bein imployit for the use of the publict, so that the said complinar is frustrat off his band and annualrent therfoir. As also the said Harie hes payit tuo thousand mark as ane pairt laid upon him as ane subscryver of the tuo hunder thousand mark band barruit from Sir Villiam Dick.
Therfoir humblie desyris that I may be recommendit to the committi of munneis and to barruit monyis as I sall find out, that I may be payit of my prinspall and anualrentis quhilk ar justlie auchtin to me. And your visdomes ansuer.
16 Marche 1649
The parliament remittis the supplicatioun abonewrettin and desyre therof to the comitte of moneyes, to tak some effectuall course for payment making to the supplicant.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Supplicatioune George Dalgerno
My lords of honorable and hie court of parliament, unto your lords humblie meanes and shewes I, youre servitor, George Dalgarno, lyffrent chamberlaine of the lands of Kinmucke, that where umquhill Allexander Irwine of Drume did mortifie the soume of ten thousande pounds money for educating and entertaininge ten poore scholers (quherof two theologs, foure students of philosophie and foure gramarians) at the college and gramer schoole of New Aberdeine, and true it is that Sir Alexander Irwine now of Drum, knyght, hes dedicate and allotted the forsaid toune and lands of Kinmucke, Denmill and Pithill, with there pertinents, for the forsaide use, yet nevertheless and notwithstanding that the said lands were almost wasted by the greivous oppressioune of the barbarous enemie in plundering and robbing of the poore peoples houses and killinge and drivinge awaye there bestiall, it hes evere since beene burdened with all kynd of publict dewes as monthlie mantainance, sesse moneyis, assisting quarters, out putting of horse and foote and with locall quarteris beyond anie land in the countrie where it lyes, so that the poore people are altogether unabled fore laboring the ground or paying anie dutie therefore, by reasone wherof the poore bursers heirtofore have not received there full rents bot lyes out of ane greate pairt therof, and the said lands will shortlie be altogether wasted in respect of the forsaid burdens without youre lords provyde remeide. Heirfore I most humblie beseeche your lords to tacke the premises to your consideratioune and to graunt ane warrand and exemptioune fore frieinge the said lands of all publict dewes of monthlie mantainance, sesse moneyis, assisting quarters, outputting of horse and footte, locall quarters and all kynd of publict burdens and impostis conforme to the lawes of this realme and acts of parliament maid heeranent, to the effect the poore bursers may receive there full rentis and not be necessitate to quite there learning fore want of mantainance therin, bot that theye maye have the benefeite conferred on all lands of the lyke nature and dedicate fore the lyke use according to pietie and justice. And your lords answer I most humblie desyre.
Your lords most humble servant, George Dalgarno
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Supplicatioune Margaret Heriot†
The humble supplicatioun of Margaret Heriott, relict of umquhill Thomas Ogilbie of that ilk, to the high court of parliament
Scheweth,
That the petitioner was in the moneth of Februar 1614 yeirs dewlie and laufullie [infeft] be right, chartor and saisine proceiding from hir said umquhile husband in all and haill the lands and baronie of Ogilbie, as my writtis bears. Notwithstanding quherof, the petitioner's umquhill husband disponit the saids landis heretablie and irredimablie within the worth to umquhill Sir William Graham of Claverhous the landis of Bakello, to whom William Grahame of Claverhous is oy and air and heretour now of the saidis landis; to David Grahame of Fentrie the landis of Lumlathyn, who disponit the samyn to Mr James Grahame of Monorgone, now heretor therof; to umquhill George Broun the landis of Pittreuchie, quhilk pertins now to James Broun, his sone and air; to umquhill Alexander Thorntoun of Blacknes the landis of Fofartie, who disponit the samyn to Alexander Thorntoun, his [...], now heretor therof. Item, to Archibald, marqueis of Douglas the lands of Carie, Cordine, Hatton and Brodwill, who disponit the samyn to his sone, Archibald, erle of Angus, who disponit the samyn to Sir John Broun of Fordell, knight, Andro Pitcairne of Innernethie, Andro Weymes of Hattoun and David Balvaird, according to thair severall proportions. And my said umquhill husband haveand deceast in the moneth of November 1647 yeirs, the petitioner's right than becam in force swa far as concerns hir conjunctfie and lyferent, quherupon I have used wairnings, raised summonds and uther diligence against the foirnamit persouns now heretors of the saidis landis and baronie of Ogilbie provydit to me in conjunctfie, and als against the tenentis and possessors thairof, but, in respect of the not sitting of the sessioun, can gett no proces, quherby and be the holding of me from possessioun am redacted to greit necessitie, haveing no means quhairupon to sustein my self and fatherles childrin, and in that respect am necessitat to have recourse to your lords. Heirfoir I most humblie beseik your lords to tak my present condition to your lords serious consideration, and in the mean tyme grant warrant heirby to ane messinger of armes to pas and wairne the haill foirnamit persons, heretors of the saidis landis, to compeir befoir the said high court of parliament or committee thairof at ane certaine day, to heir and sie sic course takin anent this present supplication as your lords sall think most fitting; and that I may be either possest, conforme to my rightis, or ane modificatione grantit for supplie of my present necessitie. And your lords answer.
28 Februarii 1649
The comittie ordaines Mr James Grahame to sie this supplicatioune and instructiounes, and to answer in wryt betuixt and the nixt dyet.
12 Marche 1649
The committe appoyntis Jhone Dicksoun to consider this supplicatioun, defenses and answer therto.
It is represented to the committie of bills that the defence for the defender is that this matter is onlie competent to the lords of session, and that the supplicant's ryght and infeftment is base and null, being the deid of the husband to the wyfe stante matrimonio and never apprehending possession, bot revoket by granting the defender's ryght.
The suplicant's answer is that hir husband's posession was hir posession. 2. It is not revokit bot confermit be hir husbandis death. 3. The husband having urgit hir to consent to his alienatioune of hir conjunctfie lands, this subsequent right cums in place therof to the suplicant.
It seems the suplicant's necessitie with hir ryght, quhilk cums in place of hir infeftment upon hir contract of mariage, is to be so tane in consideratioune as that it may stand valeid to hir at leist for ane modificatioune to hir and hir children for ther subsistence, seing ther is no express revocatioune therof be the husband, and inrespect of hir and hir childrens necessitie that the parliament wald determine the bussines.
Edinburgh, the last January 1649
The comittee for bills ordins ane maisser or messinger of armes to wairne the haill pairties and persounis within mentionat to compeir befoir the parliament or committee foirsaid the sevintine day of Februar nixt, with continuatioune of dayes, to answer to the desyre of the supplication under the paine of rebellioun, with certificatione; and ordins ane copie of this supplicatioun and delyverance to be gevin to the pairties within namit, and ordins the supplicant at the day foirsaid to produce the proces, executiouns, with hir right and title quhairby schoe clames the landis and dewties thairof, to be sein and considderit be the committee, and that the pairtie may answere thairto as the committee sall think fitt.
Sic subscribitur, J. Cupar, I.P.D. com
16 Marche 1649
The estaittes of parliament remittis the supplicatioun and repoirt within and abone wrettin to the committie of estaittes, and ordaines Monorgon in the mean tyme to pay to the supplicant for hir present subsistance the sowme of twa hundreth pundis Scottis.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Supplicatioune Williame Sandelandis of Hilderstone†
Unto the honorable estaittis of parliament, the humble petitioune of Mr Williame Sandielandis of Hilderstone
Schewing, that whair, in affectioune to the guid caus and for the publict necessitie, I, your supplicant, did len willinglie in Apryill 1643 for your publict service in Ireland the sowme of twa thowsand merkis money, heirfore I humblie beseik your lords to tak some effectuall cours for payment to me of the said principall sowme and bygane annuelrents thairof, and to recommend me to the committee of moneyis for my satisfactioune. And your lords answere.
16 Marche 1649
The parliament remittis the supplicatioun abonewrettin and desyre therof to the comitte of moneyes, to tak some effectuall course for payment making to the supplicant.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Supplicatioun Findowrie for exemptioun from mantenance and leavies inrespect of his great sufferingis†
Wnto the honorabill and heighe cowrte of parliament, the humble supplicatione of Robert Arbuthnot of Fyndowrie
Shewithe,
That quhairas I being one of a meane fortowne, dwelling within the shirefdome of Angowss, and willinge to carie my self in ane conscientius way for keiping the othe and cowenante, I was maid ane marke for the malice of the commowne enemies of this kirk and kingdome, and synglit owt in ane wholle shyre to bear the burdinge of all that athair thair policie could plotte or fwrie execute. For James Grahame, with his tratarous creawe of Irishes, hawing lyine ten dayes in Brechein and thairabowt, plunderit bothe my housses of Fyndowrie and Brechein, and takine away my haill cattell, horss and sheip. On the 27 day of Merche 1645 yeirs, befoir his removall frome Brecheine, he causit bwrne my haill houses and corns thair, and immediatlie thairefter marchit in the weiw of owr haill armie to my withher houss of Fyndawrie and brunt the haill houses and corns and killit thrie of my servands, so that thair was nathair houss nor goods (abowe the grownd) left to me wndistroyit, quhairof manie of this honorabill houss war eie witnesses and can bear record of my sufferings, the losses thairof being walowit and registrat ar fwnd to be abowe twantie thowsand markes. And thairefter in the moneth of Junii in that same yeir of God, I was wiolentlie takine prisoner be James, erll of Airlie, and Sir Dawid Ogilvie, his sone, my haill horse and moneyes takine from me and detainit till the Leiwtennent Generall Dawid Leslie did releass me in October thairefter. And all thais, my sewerall and singular sufferings by wnnaturall cowntriemen, war cast wpone me for my sincear and inviolabill affectione to the causs and covenant, quhairin by God's assistance I sall continowe, and nathair thais losses nor sufferings sall mak me so wntymmouslie crawe athair sowms or subsistence from this honorabill houss. My humble supplicatione onlie sall be that as I hawe borne the marks of the enemies malice, so I may fynd the effects of your lords fawours in exeiming thais brunt and waistit lands of myne from the payment of mantinance and puting foorthe of horse and foot for this present leawie be reassone of my inabilitie to pay the samine, quhairby your lords sall frie me from being the subject of my enemies scorne and the object of my freinds pitie. And your lords answer.
Att Edinburgh, the 16 Marche anno 1649
The estaittis of parliament, now presentlie convenit in the 2 sessioune of the secund trienniell parliament, haveing hard the supplicatioune abonewrittin, they have remitted and remittis the desyre theroff, togidder with the great sufferingis sustenit be the supplicant and his guid deserving, to the considderatioun of the comittie of estaittis.
A Jhonston, clericus registri
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Supplicatioune comissionars of Wigtoune and Kirkcudbryght†
The humble supplication of the commissioners of Wigtoune and stewartrie of Kirkubrie, to the honorable estats of parliment
Humblie sheweth,
That besyde the great and extraordinarie burdines and charge the said shiradome and stuartrie heath susteined by reason of ther unwillingnes to joyne in the leat unlawfull Ingadgment in leavies, cesments, quarterings, plunderings and uther losses, extending to exceiding great soumes, as by the particulers shall be instructed; and that the affection of the said shyrdome and stwartrie being alwayes knowne to have beine constant in the cause and covenant, these who had then the power and government, looking on them as enimies to ther course, did, for the disabling and farther suppressing of them, cause these forces commanded by George Munroe quhich com from Irland land in the utmost pairts of that province and march through for the lenth of sixtie mylles to Ingland, and to quarter and exact att will and pleasure; soe that in ther staying and marching (which conteinued two munthes), the quarterings, plunderings and the great soumes of munyes exacted by them att will and pleasure, extending to great and vast soumes as shall be instructed, the said countrie being therby alltogither impoverished, many lands and families laid wast, ruined and spoyled, the wholl heritores disabled, having receved litell or noe rents these twelfe munthes past or are lyke to doe in heast by reasone of the great wantt and extremitie the tenants are redacted unto, therfoir humblie desyres your lordshipes wold be pleased to take ther great sufferings and losses to consideration, ther condition being singular, and to afford such relife as to your wisdomes shall thinke fitt, that these parts may be inabled to subsist and the better incuraged to conteinue in giving testimonie of ther constant affection.
12 Februarii 1649
The committee gives power to the laird [of] Greenok and Johne Forbes to sight and consider the instructiones of the supplicatioune, and report.
Arbuthnot, I.P.D. com.
16 Marche 1649
The estaittes remittis the supplicatioun abonewrettin and desyre therof to the comitte of estaittes, and ordaines ane comissioun to be granted for traying of the losses to sick persounes as the supplicantis sall geive in.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Note of the burghes royall to be added to the act anent the erectiones†
It wer fitt that ane exceptioun wer maid from the act anent the superiorities of erectioune off all tempill lands and tenements lyand within brughes and haill territories thairof, or any of thair suburbs of the quhilk they ar superiors, and als of all uther lands and tenements lyand naturally and locally within the territories and liberties of the said brughes or ther suburbs quhilk perteined to quhatsumever benefices great or small within this kingdome, the superiors of which lands and tenements the saids estaits of parliament excepts from the said act; as als dissolvis the samyne from the croun and patrimonie thairof notwithstanding of quhatsumever preceiding acts of parliament, and unite and incorporate the superioritie of the saids lands and tenements to the patrimonies of the brughes respective quher the samyne lyis. And for ther farder securitie therof, wills and ordanis the lords of exchecker to pas and exped signatures therof to the said brughes respective quher the samyne lyis as said is quhen they sall desyr the samyn.
16 Martii 1649
The estaittis of parliament remittis this paper to the next sessione of parliament, then to be takin be thame to consideratioune
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Reasones to prove the necessitie of the clauses craved to be subjoyned to the act anent the erectiones
1. Concerneing the expunging of clauses irritant out of the infeftmentes, it is equitable, first, becaus all princes chartors ar and ever hes bein simple as Craig sayes weill in his fewes and nowayes conditionall. Secundo, becaus all clauses irritant in chartors ar odious in the law, and quhen they ar persewed be superiors ar qualified be the wisdome of the judge that they may not be the overthrow of the vassall. Tertio, non of the kinges infeftmentes sall ever be fund to have any such except King James the 4[th] that contained maritagium, and yet it sall never be fund that any of the vassalls war persewed therfor for contraveining the same or that ever the king or his officeres maid any profeit therby, but be the contrair his maties umquhill father did grant ane commissione to chainge that clause for a small fewdewtie. Quarto, in his maties letter written to the exchequer in anno 1633, quherin he willes his thesaurie to quyt the clauses irritant and tak a greater fewdewtie therfor yeirly, quhilk now the parliament hes done and therfor the clause irritant sould be put out. Last, if thes clauses irritant sall stand, the kinges officers may so vex the vassalles that it will undoe them, quherof they hop this honorable parliament will tak notice.
2. That the fewes be not reducet for not payment of the dewtie, bot that his maties officers may poynd therfor is most just, first, for the reasones immediatly preceiding and becaus the lordis of sessioun in all thes actions uses to caus pairties accept the unpayed fewdewties if the samyne be offerred befor litis contestatioun; and albeit the other superiors uses to rais proces for want of ther payment, yet such hes bein the clemencye of princes that they never did it, quhilk hes alwayes bein the priviledges of the kinges vassalles abone utheres that holdes of uther superiors.
3. That the uther dewties of victuall, geis, swyne, dukes, hennes etc. daylie service conteined in the prelates infeftmentes sould be liquidat is most just and necessar, first, becaus except this be first done, the vassalles will never get ther fewdewties redeimed fra the superiors and sua this act sall be unprofitable to them that payes such dewties. Secondly, they will be put to proces befor the exchequer with every severall superior for that effect, quhilk quhat trouble it will bring to them may be easiely conceaved by your lords. Thridly, the way craved be the article is patent, viz: to pay the availl of the ordinar exchequher pryces quhilk aucht to be the rewle, quherof tables ar yeirly affixit in the exchequer house, and in equitie aucht to be the A. B. C. for buying the samyne from the saids superiors.
Last, it is most necessar that some particular persone sould be appoynted in everie severall shyre to uplift yeirly thes fewdewties, first, becaus it is and hes bein so in all the stewartries of Scotland gottin be the king fra the forfaultit vassells: Fyffe, Stratherne, Kirkcudbrycht, Merche, lordship of Ross etc. in everie on[e], quherof ther ar severall chalmerlaines quho upliftes the kinges rent and gives dischargees therupoun, and so sould be in thir, being the vassalls of abolished kirkmen. Secondly, never on[e] hes haid eques in any tyme past, but only thois of his naturall propertye. Thridly, the vassalls comeing to Edinburgh for seiking eques sall be mor hurtfull to them nor thryse the worth of the fewdewtie, quhilk this honorable parliament in justice sould prevent. And last, the clause insert in the act that the lords of erection sould be frie of the blensch dewties, quhilk aucht in reasone to be delit, first, becaus the vassalls cannot pay a blensche and a full fewdewtie. Secondlie, becaus the saids lords of erectiones yet reteines the preinces and ther awine propper lands, and for thes they aucht still to pay the blensch dewtie, speciallie seing they payed nothing therfor; nether was it compted in the [...]† at the giveing of his maties decreit arbitrall. Thirdly, quhat a confused bu[siness]† will it be to divyd a blensche dewtie of 100 lib. among 400 vassalls. Fourthly, the saids lords cannot be frie of the payment of the blensch dewtie till all the fewdewties be bought fra them, quhilk is not lyklie to be in haist. And lastly quhen they ar all bought in equitie, the blensh dewtie aucht to be extinguished, at least sould be restrictit and proportionat to ther awine propertie all[...]†, sieing the king gettis great advantage in getting the old few dewtie payit [...]† a fyft pairt mor.
16 Marche 1649
The estaittes of parliament referris the articles within wrettin to the nixt sessioun of parliament.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Supplicatioune Sir James Ramsay
Unto the honorable estats of parliamente, the humble petition of Sir James Ramsay
Craving thatt your lords woulde be pleasede to cause make paymente to him of four hundreth fyftie aught lib., aught s. sterline, conforme to his precept in the yeir 1645, and thatt in regarde of his presente burdens, and that all others of the lyke charge, besids gratuities, ar allmost payede. Neather is itt unknowen to sundrie of your lords number thatt he served faithfullie, to the greatte hazard of his lyffe. And your lords ansuere.
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Supplicatioune Williame Browne of Dolphingstone and his tennents†
Red to committie for moneyes
Unto the lords and wthers of this present highe and honorabill court of parliament, the humble supplicatione of William Broune of Dolphingtoune and his tennents, †tyranized over and cruellie oppressed by those who pressed the lait unlawfull Engagement etc.
Humblie shewethe,
That we, for our constant adheringe to the covenant and cause of God, have susteined most greivous, weighty and pressing burdens since the beginning of Maii last, first, by thes who carried on the late wnlaufull Ingadgment by cessing, plunderinge, stryking, wounding, taking childrine from the cradle and violentlie deteining them till they war redeemed by money and divers others inhumane and unparalleled acts of oppression, quherby our losses amountes to tuo thousand pounds or therby. Nixt, by the gritt burden of transient quarters, we lying in the hie way of the armies marche, who dealt the more rigorouslie with ws, knowing our dislyk of them and ther wayes, whiche quarterings and money exacted be them stands ws a thousand pounds. Lykas, by quarterings of a pairt of the Englishe army, we war skaithed foure hundrethe and fourscore of lib., by all whiche we ar greivouslie burdened and exhausted, the valued rent of our poor parochine being but on[e] thousand lib. a year and our losses in this short tyme extending to thrie thousand, four hunder and four score of lib. Whiche was represented to the honorable committee of estaits and referred be them to ane committie that should have sitten for causes of that nature, and ther being nothing doone heirin, therfor we doe most humblie beseiche your lords in your wisdome and zeall to find out some effectuall way for repairing of our greivous and heavy losses and easing our burdens, that we may be a litle revived, who otherwayes may be discouraged, sink and be disabled to contribute to and advance the publick work in tyme comminge. Your lords comfortable answer humblie expect.
Your supplicant, Williame Broun
The comission appoyntis Mr James Hamilton, Mr Mungo Law, Mr Alexander Livingstoun, Mr Alexander Colvill and Mr Robert Burnet to assist Williame Brounes suplication.
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Supplicatioune Lord Craighall
The humbel supplicatione of Sir Jhone Hop of Craighal, one of the senators of the colledge of justice, and Jhone Swintoune, fiar of that ilk
That wheras ther is aughtand by the publick four hundreth and fifti pound sterlinge or therby to the seds Sir Jhon Hop, and to me, the sed Jhon Swintoune, the sume of ane hundreth pounds sterlinge, whilk we lent for the armi of Irland and for supplyinge the armis that went in to Ingland, wherof we heave nether received prinspal nor annualrent, wherfor we humbly deser your lords would be pleased to cause us be peyd of the monys that shall be borowed of thos of our oune qualiti, who also shall be found lyabl by your lords act to len or to be fined, whos namis we shall give in to your lordships or ony ye shall apoynt. And your lords ansuer we humbly deseir.
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Supplicatioune Arthur Erskein of Scotscraig
Unto the high and honorable court off parliament, the petition of Arthur Areskine off Scotscraig
Humbly sheweth,
That whereas your petioner, for his senceritie to the cause of God and constant realitie therein, had his lands off Scotscraig and Mauldsly overlaid both with horse and foote for his not concuring in the late sinfull and unlawfull Ingadgment, to the uter ruine of his tennents, as I shall instruct; and likewise your petitioner hath payde the summe of two thousand merks to Sir Williame Dicke, as being his part which was modified by the comittee from parliament for him to pay off Sir Williame Dicke his two hundreth thousand merks band, which summe he payde, and ever since that tyme lyeth out of both principall and anual rent, which shall be instructed by Sir Williame Dicke, his assignation to him. Thereffore humbly desires your lords that I may be repayde out of the borrowed moneiis of the foresaid summe, with the anuallrent since the payment thereof, and likewise that my great losse I have sustainde may be taken in consideration in the same maner. And your lords answeare humbly I expect.
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Supplicatioune Harie Elphinston of Calderhall againest Adam Scot
The humble petition off Harie Elphinstoune off Caderhall unto the honorable estatis of parlament
Humblie shewethe,
That I having obtanit ane decreit off removing befoir the toune of Edinburgh against Adame Scott, ureter in Edinburgh, he having proponit all his defences befoir the balies off Edinburgh, he was ordanit to flit and remove; yit the said Adam vill not remove, quherby the said compliner may get his ludging mendit, quhilk is verie ruinus, bot hes obtanit ane suspension from my lord register, under pretenc that he sould go with him in his regiment. Your suplicant only desyris that the said suspension may be discussit befoir the thrie lordis that ar apoyntit for the Ladie Chester's busines, and that he may be citit therto. And your visdoms ansuer humblie I crave.
16 March 1649
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Billis to be reported
†1. Summondis at the instance of Sir John Broune of Fordell and his tennents agains Johne McEwine in Condocloche and some uthers of the erle of Tullibardin's tennents for the violent reife and away taking of certaine sheip, horse, nolt etc. and for restitution therof or the pryces, remitted be the parliament to the committie for bills.
†The committie, eftir citatioune of the pairteis and examinatioune of witnesses, findis the violence and away taking of the guids proven, and haldis the defenders pro confessis for the particular quantaties and pryces. And it is ther humble opinion that the parliament decerne for restitution of the guids or pryces prout in scriptis, conforme to the report.
†2. Supplicatioune anent the kirk of Dunscore for stenting of the heritors and parishoners of the parishine of Dunscore for payment of thrie thousand ane hundereth fourscore ten merks as the expenses debursit and to be debursit for transplanting and building of the kirk of Dunscore and of the minister's manse and kirkyaird dyiks, and that the stent be according to the valuatioune of the parishine. As also for stenting of the saids heritors for payment of the expenses of these wha attendit the parliament, committies of parliament and plantatioune of kirks for obtaining the kirk transplanted.
†The committie thinkis that the heritors and paroshiners sould be proportionallie stented according to the valued rent of the paroshine for payment of the foresaid sowme quhilk wilbe at the proportion of 36 lib. 16 sh. out of ilk 100 lib. of valued rent, and that it be remitted to the kirk session of Dunscore to tak the oathes of these wha attendit and purchest the act for transplantatioune of the kirk, and to try the warrand they had for that effect, and accordinglie to stent and proportionat the payment therof ut supra.
†3. Supplicatioune laird [of] Grenokis tennents to Lieutenant Generall David Leslie and represented be him to the parliament and committie of dispatches for the suplicantis, ther payment and satisfaction of the sowms contenit in the thrie severall precepts granted to them, extending to [...], for ther service and attendance with ther boatis upon the lieutenant generall and his forces in the yles at his direction and upon his promeis of satisfaction to them.
†It is the opinion of the committie of dispatches that the parliament wald allow the lieutenant generall to satisfie the suplicants, and ordane him to be repayit be the generall commissar; and to remitt to him to satisfie them and releive the publict therof, and that preceptis may be grantit in his favours upon the generall commissarie for repayment to the lieutenant generall of several sowmes as he sall delyver to the petitioners.
†4. Supplicatioune Sir Lodovik Gordoun of Gordounstoune for reparatioune of his loisses by James Grahame and his adherentis, extending to ten thousand, four hundreth ane punds 9 s. 8 d.
†The committie of burdens and loisses in thair report findis the suplicantis loisses instructed for ten thousand, four hundreth ane punds 9 s. 8 d., and that it be declared ane publict debt. And that it is ther opinion that the few dewtie of his lands of Duffus dew to the kingis matie may be dischargit to him for byganes since the yeir 1643, seing the lands therof hes bene altogither useles to him during that tyme.
†5. Supplicatioune Jeane Cokburne, relict of umquhile David Scrymgeor, Mart[in] and Clara Scrymgeors, ther bairnis, desyring payment to the vicount of Dudhope of the bygane annualrent of 20,000 lib. for the quhilk the vicount is chargit and he hes suspendit.
†The committie, eftir citatioune of the vicount of Dudhop, haveing considered the suplicatioune and instructions therof, with ane act of the lords of session in Februar 1648 modifieing 2,000 merks to be given and payit to them be the vicount of Dudhope for ther mantenance, it is the committies opinion that the vicount of Dudhope be ordaned presentlie to pay to the suplicants 2,000 merks for ther bygane mantenance preceiding Candlemes last and 1,000 lib. yearlie in tymcomeing for ther mantenance quhen the suspension be discust; and the first terme of payment to be at Lambes nixt and to be allowit pro tanto in the annualrent of the 20,000 lib. without retention.
†6. Supplicatioune Lady Chesters aganis the Lord Belheavine for making furthcumand ane payment to hir of some sowmes awand be Duke Hammiltoune and him to Williame Mwreheid, hir debtor.
†This bussines hes bene before the lords of session and hes receaved some kynd of decision be them, quherunto the suplicant thinkis in ressone scho can not acquiesce. And therfore in respect of the suplicant's necessitie and mereitis of the caus, it seems expedient (if the parliament sall think fitt) that commission be granted to some of the lords of session to considder the proces, heare the pairteis, discuss ther defenses and answers hinc inde and to determine as efter consideratioune of all they sall find just.
†7. Supplicatioune Alexander Forrest, maisser, schewing that the committie of estates, be ther act of the 12 of October last, appointed him ane of the ordinar maissers to attend them till this present parliament and allowit to him 3 s. sterling per diem, and desyring the parliament wald grant ane act in his favors appointing him to serve as ordinar maisser to all committies of parliament and convention of estats.
†It is the opinion of the committie, inrespect of the committie of estates, ther act in the suplicant's favors and of his carefull and diligent attendance and of his knawne honestie and abilitie, that the parliament wald appoint and constitut him ane of the ordinar maissers to the nixt committie of estats and all uthers committies of estats and convention of estats heirefter during his lyftyme, to be enjoyed be him with all priviledgis and casualities belonging therto; and to recommend him to the committie of moneyis for payment of his bygane allowance and for his service sen the fourt of January last and in tymecomeing.
†8. Supplicatioune laird [of] Grenok, desyring that the parliament wald either releive the suplicant of the 2,000 merks quhilk he is chargit to pay to Sir Williame Dik as his pairt of the 200,000 merks band, or ells to pay to the suplicant 2,584 merks dew to him be the publict, that he may releive himselfe therwith.
†The committie of burdens and loisses findis the suplicatioune instructed, and that it is ther opinion that the suplicant be either releived at Sir Williame Dik's hand or repayit of the 2,584 merks abonewrittin dew be the publict to him of lent money and uther debts, and that out of anie moneyis dew to the publict be the shirefdome of Renfrew preceiding March 1648. And in the mean tyme, to suspend Sir Williame Dickis charge till the nixt session of parliament and fyften dayis therefter. And if the course foresaid prove not effectuall, that he may have his releife of fynes and borrowed moneyis as uthers sall have.
†9. Supplicatioune Mr James Blair, minister at Portpatrik, schewing that he hes precept from the committie of estates for payment to him of 50 lib. sterling debursit be him in furnishing boats and barks for transporting the erle of Lothian and Lord Sinclar's regiments to Ireland and for the loisses sustenit be the awners of these boats in that voyage, quhilk precept was grantit to Sir Johne Weymis of Bogie, than generall commissar.
†It is the opinion of the committie for burdens and loisses that the suplicant's precept be renewit in his favors for his payment upon the generall comissar as the committie for moneyis sall think fitt.
†10. Supplicatioune Sir Johne Weymis of Bogie, desyring the band grantit be him to Mr Patrike Pitcairne for payment [...]† for his dimission, subscribed be him of the office of the commissariot of Dunkell in favors of Mr James and Gilbert Stewarts, may be declared voyid.
†It is the opinion of the committie that the band now producit be Mr Patrik Pitcairne be declared voyid and delyverit to Bogie to be cancellit, and that the parliament wald repone Mr Patrik Pitcairne aganis his dimission and put him in the condition he was to the before the making therof, and to grant him ane new gift of the office of the commissariot of Dunkell.
†11. Supplicatioune Waltir Leslie of Gledloche aganis Johne Grant of Carroune, craving commission for examinating of some witnesses for proving of the ressons of reduction of ane band grantit be the suplicant to the said Johne Grant, quhilks witnesses are insert in the band.
†It is the opinion of the committie that commission be granted be the laird of Brodie, the laird of Gordounstoune, Mr Johne Hay, Johne Sutherland, brother to the l[aird of] Duffus, James Torhous, burges of Elgine, and Williame Layng, baillie ther, or ony twa of them, to examine the witnesses condiscendit on, with power to discus the objections and to report to the lords of session; and that thair depositions may remane in retentis quhill the decision of the reduction and with reservatioun notwithstanding of the graunting of the commission to the defender of all his defenses in the caus, baithe aganis the interest of pairtie and resson.
†12. Supplicatioune presbitrie and toune of Lanerk, desyring recommendatioune to shyres, burghes, presbitries and parochines for collection of ane voluntar contribution for building of ane bridge of stane of foure bowis over the water of Clyid neir the toune of Lanerk for the safetie and ease of all the lieges passand that way.
†It is the opinion of the committie that the recommendatioune may be granted for ane voluntar contribution in respect of the necessitie of the foresaid bridge.
†13. Supplicatioune Agnes Cairnecroce, relict of umquhile Williame Medlemest, sumtyme constable of Dumbartan, desyring warrand for payment of 1,900 merks unpayit of 4,500 merks dew to hir umquhile husband and hir be the kingis matie for intertinement of the erle of Orkney in the castle of Dumbartan.
†It is the opinion of the committie that the parliament seriouslie recommend the suplicant to the commissars of the theasuarie and excheker for the suplicant's payment in respect of hir present necessitie.
†14. Supplicatioune Donald Cameron, shireff clerk in Argyle, craveing payment of 1,248 lib. 18 s. Scots for furnishing to the armie in the hielands and yles upon the generall commissar's assurance of payment.
†This bill is instructed be the precept and be ane declaratioune under the marques of Argyle and Lieutenant Generall David Leslie, ther hands, and it is the committies opinion that the parliament renew the precept for the suplicant's payment to the present generall commissar to be payit out of the readiest publict moneyis, the armie and garisons being first satisfiet.
†15. Supplicatioune creditors of Westnisbet, desyring the parliament's warrand and command to the generall or lieutenant generall or anie uther under officiers of horse and foote within this kingdome to tak and apprehend Laird Westnisbet and reincarcerat him within the tolbuith of Edinburgh quher he was in waird at ther instance, quhill he was put out the tyme of James Graham's rebellion, seing the shireff, being warranted be the parliament of before, used no diligence for apprehending of him and the shireff is not now capable to exerce his office; as also to eject the laird who has violentlie intrudit himselfe in the suplicant's posession.
†It is the opinion of the committie that the parliament wald be pleased to grant warrand to the generall, lieutenant generall or anie uther inferior officiers to give ordor to anie of ther troupers to be assisting to messingers for putting of the suplicant's caption to execution in apprehending and incarcerating of Westnisbet and ejecting him and his children out of the place and house of Westnisbet, conforme to the suplicants, ther decreets, actis of parliament and former warrands.
†16. Supplicatioune Laird Dunbeath, commissioner for Caithnes, desyring that, inrespect of the small number of frieholders, vassells to the kingis matie in that shyre, the parliament wald be pleased to authorize the heritors and landit gentlemen therof (being qualifiet for ther affection to the caus) to have voyce to the choosing of commissioners for that shire to parliaments and conventions of estats in tym comeing, bot these heritors and gentlemen not to be capable of being commissioners themselfis, and that they have onlie vote in choosing commissioners and be lyable in payment of the commissioners charges proportionallie for ther pairts with the kingis vassells of this shyre.
†It seems the desire is reasonable, seing the shirefdome of Caithnes is informed to be of the lyke condition with the shirefdome of Sutherland, and the parliament in anno 1641 hes granted ane act for the shirefdome of Sutherland of the tenor and to the effect now desyrit be Caithnes.
†17. Supplicatioune presbitrie of Edinburgh, desyring power to the commission for plantatioune of kirks and valuatioune of teindis to divyde the parishes of the west kirk of Edinburgh, callit St Cuthberts parish and south kirk of Leith, and ilk ane of thame in severall cures and to provyde the ministers therat with stipendis, manses and gleibis; and to provyde mantenance for a minister to the castle of Edinburgh; and tak in consideratioune the reversion of the subdeanrie of the chapell royall now in the hands of Mr Andro Ramsay.
†It is just that this suplicatioune be seriouslie recommendit be the parliament to the commission for plantatioune of kirks.
†19.† Supplicatioune Alexander Campbell of Pennymore, desyring reparatioune of his loisses and ane present meanis for his subsistence.
†It is the opinion of the subcommittie of the committie of burdens that the parliament wald recommend the suplicant with his desire to the committie for moneyis.
†20. Supplicatioune Gilbert Kennedie of [...]owland†, desyring liberatioune out of the tolbuith of Edinburgh, quher he is incarcerat for ane ryot quherof he is liberat, and sen his incarceratioune is arreistit for civill debts, quhilk he affirms sould not detene him, seing it is the custome quher men ar incarcerat for ryots and liberat therof, they may not be detenit for civill debts.
†It is the opinion of the committie that the parliament wald tak the suplicant's miserable condition in consideration, and if it be the custome as is informed, to ordane him to be put to libertie.
†21. Supplicatioune Robert Mertoune, burges of Edinburgh, desyring warrand to Sir Johne Gibsone to give up to him his tua principall bands registrat in his buiks, that he may mak use therof agains his debtors wha ar in Ireland.
†It is the opinion of the committie that the desire is just and sould be grantit, seing the extractis will not mak faith without the kingdome.
†22. Supplicatioune poore man Williame Twedie contra his creditors for his liberatioune upon assignatioune of his haill meanis to them for ther debts, or to intertene him in waird.
†The pairteis being cited, called and not compeirand, it is the opinion of the committie that the suplicant be put to libertie upon his assignatioune producit.
†23. Supplicatioune erle of Sutherland, desyring a committie may be appointed for reporting to the parliament what sowmes of money is justlie awand to the suplicant be the publict, and that he may be repayit therof; and that ane formar report quherin the marques of Argyle did preceid may be made effectuall for securing of the peace of these boundis.
†The committie for the comoune burdens findis the suplicatioune instructed for ten thousand, nyne hundreth punds Scots yit unpayit, and it is ther opinion that the erle be payit therof furth of the readiest fynes or borrowit moneyis be north Spey.
†24. Supplicatioune be the magistrats of Cowper, minister and kirk session therof, desyring that the setling of the localitie of the universitie of St Androis be not prejudiciall to the provision of the kirk of Cowper and localitie therof and uther kirks contenit in the suplicatioune.
†It is the opinion of the committie that this suplicatioune be seriouslie recommendit be the parliament to the commission for plantatioune of kirks, that it may be tane in consideratioune at the first meitting of ther commission.
†25. Supplicatioune be the presbitrie, toune and parish of Lanerk, craveing ane provision and stipend to ane second minister for the toune and paroshine of Lanerk to be payit out of the teinds of the paroshine therof.
†It seems this suplicatioune and desire therof wald be remittit and recommendit be the parliament to the commission for plantatioune of kirks.
†26. Supplicatioune Williame Broune of Dolphingtoune and his tennents for reparatioune of ther loisses sustenit be the late unlaufull Ingadgement.
†This, with the instructions therof, to be remitted to the committie for the moneyis.
†27. Supplicatioune Helene Gordoun, relict of umquhile Thomas Gordoun, merchand burges of Air, and hir twa fatherles children, schewing that hir umquhile husband, haveing cumd furth in the late expedition in September 1648, and being upon ane pairtie at Muscleburgh Bridge aganis the enemie under the command of George Monro, quher he was hurt and left for deid, and his horse, sword, pistolls and money takine from him; and therefter being carried to Edinburgh and lyeing auchten weiks under cure, he died therof, quherby his meanis and estate is spent and the suplicant and his children redactit to povertie.
†It seems this suplicatioune sould be recommendit to the committie for moneyis.
†28. Supplicatioune Robert Mathiesone in Restalrig aganis Sir Harie Nisbet, desyring the benefite of the act of the committie in favors of well affected tennents to be applyit to the suplicant for allowance of the loisses sustenit be him be the cuntries forces lyand at Restalrig, in the first end of the dewteis payable be him to Sir Harie Nisbet, his master, who is ane disaffected persone.
†This seems just that the suplicatioune and instructions therof may be remitted be the parliament to the committie of estats.
†29. Supplicatioune Sir James Ramsay, desyring that the parliament wald mak payment to him of four hundereth fyftie aucht punds viij s. sterling dew to him be precept in anno 1645, seing uthers wha had the lyke charge hes gottine payment of what was dew, with gratuities besyde.
†It seems this wald be remittit and recommendit to the committie for moneyis.
†30. Supplicatioune be the erle of Caithnes, heritors and gentlemen of the shyre, schewing that the men of Stranaver, with the remander of the Irishes that wer with James Grahme in his rebellion, hes falline doune upon the cuntrie of Caithnes, quher the cuntrie people hes killed two of ther principall commanders and sex of ther men and takine ten prisoners, in the doeing quherof, thair ar sundrie of the cuntrie people killed and hurt, quherupon the haill Stranaver men, with the Irishes and uther, ther associates, ar risen in arms aganis Caithnes, quhilk necessitatis the suplicants to keip themselfis togither in arms for ther defence. And therfore desyring the parliament to allow to them ther monethlie mantenance, leavies of horse and foote to be imployit and made use of be them for ther awne necessar defence, as was done be the parliament and committie of estates to the erle of Southerland.
†It seems this suplicatioune and desire therof wald be remittit to the committie of estats.
16 Martii 1649
Red and approvin, conforme to the marginall nottes.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Roll of reportes†
Listis of the reportis from the committie of billis and committie of moneyis to the parliament
†1. Supplicatioune be James Monnorgone, desyring warrand to the magistraits of Dundie to put him to libbertie furth of ther tolbuith quher he is imprissoned for the accidentall slaughter of umquhill Thomas Jacksone in Carse Grange in respect of a letter of slaines grantit be the defuncts freinds, quhilk is producit, beiring that the slaughter wes committit accidentallie.
†It is the opinion of the committie of billis that this warrand sould be grantit conforme to the bill and report therof, the magistrats takin tryell that the slaughter wes committit be accident, conforme to the letter of slaines.
†2. Anent the earle of Kinghorne and the counttes therof, his mother, ther bill desyring suspensioun for ther mantenance within the shirefdome of Perth as being first exorbitantlie valued and sensyne revalued be publict ordor, conforme to the report.
†It is the opinion of the committie that they sould pay in to the collector of Perthschyre ther mantenance conforme to the last valuatioun, and sould consigne in the clerk of parliament or committie of estaits hands the superplus quhilk the first valuatioun exceids the last †till the mater be decydit and quherupon consiguatioun of the said superplus, suspensioun be grantit; and that the valuers of that schyre be ordanit to revalue conforme to the report.
†3. It is the opinion of the committie that ordor be given to the committies of war quher the erles of Kinghorne and Panmoore, ther lands, lyis to caus list and stent the fensible men within the severall bounds of the saids committies conforme to the report,† to the effect that any inequalitie of the proportioun of ther men and leavies may be rectified eftir the new listis sall be mad up; †and this without prejudice of the present leavies to be put furth, conforme to the present rollis.
†4. It is the opinioun of the committie that the parliament recommend to the committies of war quher the saids earles and the countes of Kinghorne, ther lands lyis, and to the officeris and commanderis in these bounds,† to spair so far as they can so many of ther saids lands as have bene burdingit with transeant quarteris, that ther saids lands be free of locall quarteris so far as may be†; and to impose the locall quarterings upon such lands in ther respective bounds as ar leist burdingit with transeant quarters; and to ordane all officeris and sojours to pay for ther transeant quarteris conforme to the report. 5. And that the lyk warrand be gevin in favors of the countes dowager of Merchell†, conforme to the same report.†
†6. It is the opinioun of the committie that the parliament ordane Mr Robert Barclay to be payit of fyve hundreth pund sterling and annuells therof dew to him be act of the committie of estaits, 2 November last, out of the reddiest moneyis to be borrowit from any burges of his qualitie, quhais names he sall geve up to the committie. And that the sowmes to be borrowit from such persounes be equallie devydit betwix the publict and the supplicant ay and quhill his debt foirsaid be satisfied.†
†7. It is the opinioun of the committie that warrand and command be gevin to the committie of war of Aberdene schyre to caus mak ane proportionable stent of the 2,500 merkis payit be Glenkindie as a pairt of Sir Williame Dick's band of 200,000 merks and of the annuells therof, and to devyde and stent the said soume and annuells upon the subscryveris of the band of releiff producit be Glenkindie; and quhilk stent being set doun, that Glenkindie may have letters of releiff aganes the subscryvers, conforme to the said stent to be maid.†
†8. It is the opinioun of the committie that the act of parliament ij Marche 1503 be reveived quherby the country of Ros is devydit from the shirefdome of Innernes and is erectit in ane severall and frie schirrefdome callit the shirefdome of Ros, and that ane act of ratificatioun and reveiving of the said former act of parliament be past be this parliament, conforme to the report and the said first act of parliament; and that the burgh of Tayne be appoyntit to be the heidburght.†
†9. It is the opinoun of the committie that in respect of the sufferings of the burght of Tayne be the quarterings and violence done upon them be the laird of Kilraik for not putting out ther men to the last Engadgement, and that he did extort ane band of them for thrie monethis mantenance, October, November [and] December last, and quhilk band the committie of estaits, be ther act 1 November last, hes declairit voyd, that therfoir the parliament wald exoner them of alsmuch of ther excyse preceding October as the saids thrie monethis mantenance will extend to in respect the mantenance and excyse since October cannot be dischargeit to them in prejudice of the maintenance of the army.†
†10. It is the opinioun of the committie that the parliament pas ane act in favors of George Dundas of Dudingstoun, ordaneing him to be payit of one hundreth pund sterling and annuellis therof lent be him to the publict in Junii 1644 out of the moneys to be borrowit from such of his qualitie as he sall geve up to the committie of estaits or as sall be fyned; and that the ane halff of the saids fynes and borrowit moneys to be applyit for the publict use, and the uther halff to him till he be satisfiet, and that ane precept be drawin on the genarall commissar for that effect.†
†11. It is the opinioun of the committie that the actiounes of removing and for maills and dewties persewit be Mr James Urquhart aganes his tennents of ane tenement of land in the Cannogait be remittit to the shireff of Edinburgh and his deputs, notwithstanding of any advocatioun raisit be them of the saids actiounes, conforme to the report therof; and that the shireff be ordanit to proceid therin inrespect that, eftir heiring of both parties, the committie findis the ressounes of advocatioun nather relevant nor provin.†
†12. It is the opinioun of the subcommittie for moneyis that inrespect thair armes wer furnisched to the west country army at thair first comeing that way, extending to 140 armes, and of the uther great sufferings of the said burght in thair bill and report thairof the tyme quhen the west country armyes and Munrois army wes thair, that thairfoir the parliament may geve ordour to geve the said burgh the said ane hundreth and fourtie armes, twa pairt muskettis and thrid pairt pikis, till thair uther losses be takin in farder consideratioun.†
†13. Supplicatioune be the burght of Pearth, craving that thair mantenance may be dischairgit since Maii last and in tyme cuming so long as the gariesoun layes thair. It is the opinioun of the comittie that thair mantenance preceiding October last be dischairgit inrespect of thair heavie burdings and sufferings be the gariesoun, or that thair former actis for thair suspendit maintenance be prorogat and thai exonerat thairof swa lang as the gariesoun layes thair.†
†14. Supplicatioune be Alexander Menzeis, schewing that his wyff deceised laitly in travelling with chyld, and that the child being borne alive, did outleive the mother a certane space, and that the witnesse may die that can prove the chyld to have bein alive, and therfoir desyring comissioun to examine the witnesse to be keiped in retentis. It is the oppinioun of the committie that comissioun be grantit to the comissar of Dunkeld to ceit and examine witnesses theranent and to keip ther depositiounes in retentis, and to summond the nerest of kin on the mother syd to the chyld, and to heir and sie the witnesse receavit; and that this be without prejudice of any partie, ther just defenses.†
†15. Supplicatioune Lord Toftis, craving comissioun to any two of the lords of the sessioun and ane of the clerkis to receave witnesses in the cause persewit be him aganis the executors of Alexander Cowpar, to effect ther depositiounes may lay in retentis least the probatioun perisch. It is the opinioun of the committie that comissioun be grantit conforme to the report, and that the parties intrest be warnet therto, and that the receaving of the witnesses be without prejudice of the parties witnes.†
†16. Supplicatioune Major Weir, tutor and curator to the bairns of Johne Burdoun, desyring sum debtis and bandis restand to thame be the late marqueis of Huntlie to be listed and admittit in respect the bandis belongis to minors, so as they war not produciet prescryvit be the act of parliament. It is the opinioun of the committe that the bandis be yet admittit incaice the lait marqueis, his estait, be not yit disponit upone be the publict, conforme to the last act of parliament.†
†17. It is the opinioun of the committie that warrand be grantit to the persounes speit in the report to sight umquhill Robert Keith, wryter, his wrytes, and to geve up the supplicants, ther wrytes, conforme to the report.†
†18. Anent the supplicatioun of Mr Johne Rew, in name of severall ministers in Aberdine and Bamff schyre, whose stipends ar payeble out of the rentis of the lait marqueis of Huntlie and Lord Aboyn, ar uplifted for the use of the publict. The opinioun of the committee is that the receavers, collectors and intrometters with the saidis rentis be ordaned to pay the ministers stipends out of the first and reddiest.†
†19. Anent the supplicatioun of Mr Alexander Garden, minister att Forgine, craving confirmatioun of ane act of presbitrie ordering him, his aires or relict to have repayment from the nixt intrant of the worth of his manse, which was burnt by the rebellis, and built upone his awine chairge. The humble opinioun of the comittie is that the said act of presbitrie may be ratified.†
†20. Supplicatioune Barbara Mein, relict of Mr Williame Hoipe, minister, who was killed att Newcastell, craving warrand for ane yeires vaccand stipend according to the ordinance of the presbitrie. The humble opinioun of the comittie is that ordor be given to those adebtit in payment of the said stipend to pey ane yeires stipend to hir according to the recommendatioun of the generall assemble, and recomend to the committee of warre to sie the samyen effectuallie done.†
†21. It is the opinioun of the committee that inrespect Sir Johne Brown hes evictit the twa monethis mantenance preceiding October restand be the burghe of Dundie, notwithstanding of ane act of parliament, 16 Februarie last, quherby the parliament hes exemed the said burgh from the saids twa monethis mantenance, thairfoir that the parliament may draw ane precept upone Sir James Stewart, generall comissar, for payment to the burght of Dundie (or any of the magistrats therof in thair name) of the said twa monethis mantenance, in respect of the foirsaid act of parliament quherby the said burghe was exemed therfra is randred ineffectwall.†
†22. It is the opinioune of the committee concerning the supplicatioun givin in be Jonet McMath, relict of Williame Dick, younger, and hir bairnes anent Sir Patrick Dowglas of Kilspindie, his interposing of Sir James Dowglas, his name, in the assignatioun or translatioun speit in the said bill, and therby intending to frustrat the supplicants of the sowmes and ryts speit in the said supplicatioun, that the parliament grant comission to any twa or mae of the lordis of sessioun to call the parties concernit in the said matter befoir them, and, efter heiring the parties and considdering the bussines and merites therof, with powar to the saids lordis (if they find it just) to cause tak the depositiounes of sick parties as they sall think fitt upone sick poynts as they conceave to be relevant; and to cause preserve the depositiounes in retentis in ane of the clerkis of sessioun, ther hands, till the cause be agitat befoir the lordis of sessioun; and that the receaving of the depositiounes salbe without prejudice to any partie of thair defenses againes the relevancie, intres of partie or any uther defences quhatsumever and quhairfoir the saidis depositiounes sould not work against thame.†
16 Marche 1649
Red and approvin, conforme to the marginal nottis.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Roll of ratificatiounes
16 Martii 1649
1. Ratificatioune in favoures of Sir William Scott of Harden of ane contract betuixt him and Mr Thomas Courtney, minister at Mertoun, with consent of the moderator and bretherine of the presbiterie of Ersiltoun within the quhilk the kirk of Mertoun lyes, anent the gleib and manse of Mertoun, and of ane act of generall assemblie, daitit 3 August 1648, approveing the designatioun contenit in the said contract and ratifieing the samene contract, daitit 2 December 1643.
2. Ratificatioun in favoures of Robert Pringill of Stitchill and Walter Pringil, his sone, of ane chairtour of confirmatioun grantit to George, marquis of Huntly of the dait the ij of September 1639, confirmeand ane chairtour grantit be James Seytoun of Touch to the saidis Robert and Walter Pringillis of the landis of West Gordoun and utheris, daitit 27 November 1637.
3. Ratificatioun in favoures of Mr David Buchannane of ane contract past betuixt the earle of Crawfuird and Lindsay and him anent the alienatioun of the teindscheives and utheris teyndes great and small of the 30 s. land sumtyme perteining to the erle of Perth, thaireftir to Robert Campbell of Glenfalloch; the 20 lib. 13 s. 4 d. landis perteining lykwayis to the said Robert Campbell; and of the 6 lib. land perteining to Sir Johne Buchannane of that ilk; the 19 markland perteining to umquhill Alexander Schaw of Cambismoir and umquhill Mr James Schaw of Knokhill, lyand in the presbitery of Kirkmathaig and annexed to the kirk of Calender; quhilk contract is daitit 24 Januar 1648, with the assignatioun therof be the said Mr David to John Buchannane of Ardinprior, daitit 28 Januar 1648.
4. Ratificatioun in favoures of Sir Johne Scott of Scotistarvet of ane dispositioun maid to him be the countes of Kinghorne as tutrix testamentar to Patrik, erle of Kinghorne of the yle of Inschekeith and landis of the samene, with houses, biggingis [and] fischingis, daitit 13 Februar 1649, registrat 24 Februar 1649.
5. Ratificatioun in favoures of the erle of Hadingtoun of the infeftment grantit be King James the 6[th] to umquhill Thomas, earle of Hadingtoun (thairndesignit Sir Thomas Hamiltoun of Monkland) of the mynes and minerallis within the barronie of Ballincreiff, Balegaitt and utheris, daitit the 4 of Apryle 1607; another infeftment grantit be K[ing] J[ames] 6[th] to the said umquhill Thomas, earle of Hadingtoun (thairin designit Sir Thomas Hamiltoun of Monkland) of the foirsaidis mineralles and mynes, daitit 29 Januar 1607; item, ane precept and seasing thairupoun given to Johne, now earle of Hadingtoun of the saidis mynes and minerallis as air to the said umquhill Thomas, erle of Hadingtoun, his guidsir. The preceptis daitit 26 Apryle 1645 and the seisingis daitit the 9 Maii 1645, dewlie registrat conforme to the act of parliament.
6. Ratificatioun in favoures of Sir Alexander Hope of ane gift grantit be his matie umquhilll darrest father of the soume of 200 lib. sterling to the said Sir Alexander Hope (therin designit Mr Alexander Hope of Wester Grantoune), daitit 13 Februar 1638.
7. Ratificatioun in favoures of Johne, erle of Lowdoun etc., heich chancellor of this realme, of ane gift of pensioun of 1,000 lib. sterling yeirlie grantit be his maties umquhill father to the said erle of Lowdoun, daitit 3 of October 1641.
8. Ratificatioun in favoures of Johne, earle of Lowdoun, lord chancellour etc. and James, lord Machleine, his sone, of ane signatour grantit be his maties umquhill darrest father, for himselff and as tutor and administrator to the prince, his sone, to the said Johne, erle of Lowdoun in lyfrent, and James, lord Machleine, his sone, in fie, his aires maill and assignis therinspeit of the landis and barony of Mairtonyne and Lowdoun and utheris therin contenit, hauldin waird of befoir and now blench, daitit 9 October 1647.
9. Ratificatioun in favoures of the burgh of Innerrary of ane chairtour grantit to his maties umquhill darrest father for erecting the said burgh in ane frie royall burgh, with certaine reservationes in favoures of the marquis of Argyle, daitit at Carisbrught Castle, the 28 Januar 1648, with the precept and seising following thairwpoun, daitit 18 November 1648.
†10. Ratificatioun in favoures of the brught of Striveleing of ane chairtour of confirmatioun grantit be his maties umquhill father of happie memorie to the said burgh, ratifieing and approveing the particular chairtoures, infeftmentis, giftis, donationes and utheris therincontenit; the dait of the foirsaid chairtour is 17 November 1641.
11. Ratificatioun in favoures of the marques of Argyle of ane dispositioun maid be the committie of estaites to the said marques of Argyle of the landis of Muckdock, Muckdok Mylne and withheris therincontenit, perteining sumtyme to James Grahame, late earle of Montrois, daitit 17 August 1647, with the chairtour grantit be his maties umquhill darrest father to the said marques of Argyle, daitit 13 September 1647, and precept of seasing direct to Sir James Levingtoun of Kilsyth, superiour of the saids lands following upone the foirsaid chairtour, daitit 13 September 1647, and presentatioun under the testimoney of his maties great seall, daitit the 13 September 1647, and seasing therof, daitit 19 November 1647.
12. Ratificatioun in favoures of David, lord Cardross of ane signatour grantit be his majesties umquhill darrest father to the said David, lord Cardross of the lordschipe and landis of Cardross, comprehending the landis, barroneis, kirkes, teindes [and] patronages perteining to the said lordschipe of Cardros, bearing ane new gift of the said lordschipe and erecting the towne of Drybrught in a burgh of barrony with ane weeklie mercat, all erectit in ane frie lordschip and barrony, daitit at Carisbrook Castle, 25 December 1647.
13. Ratificatioun in favoures of James Rochheid of ane contract past betuixt Johne Towres of Innerleith, with consent of his curatores and the said James Rochheid, anent the alienatioun of certaine aikeris of land with the teindis therof, personage and viccarage, pairtes and portiones of the maynes of Innerleith, daitit 15, 2 and 14 dayis of December 1640, 1648 and [16]49 respective, lyand within the shirefdome of Edinburgh principall and parochine of St Cuthbertis; with twa chairtors maid be the said James Rocheid therof relative therto, ane a me and another de me, both daitit the 21 Februar 1649, with the instrument of seasing following thairwpone, daitit 10 March instant; with the retour quherby the said Johne Towres is retoured air to umquhill Sir Alexander Toures, his father, in the landis and maynes of Innerleith, daitit the twelff day of Januar 1648, togidder with the instrument of seasing following thairupoun, daitit 14 September 1648; and chairtour under his maties great seall of the landis of the Craig of Innerleith upone resignatioun of Sir William Nisbit to the said James Rocheid, daitit 10 Junii 1646; with ane other chairtour of the saidis landis grantit be his matie to Sir William Nisbet of Deane, daitit 18 Julii 1642; with the contract past betuixt the said Sir Williame Nisbet and James Rochheid, daitit 28 May 1646; with ane contract betuixt the laird of Innerleith and Dame Jeane Weymes, his lady, and Sir Williame Nisbit on the ane and uther partis, daitit 1 July 1642; togidder with the said Dame Jeane Weymes, hir ratificatioun of the samene contract, daitit the said first day of July 1642.
13.†Ratificatioun in favoures of John Schoart and Patrik Naper of ane gift grantit be his majesties umquhill father to him of 200 lib. sterling, daitit at Carisbrook Castle, daitit the 29 of Februar 1648.
14. Ratificatioun in favoures of Johne Schoart, lat provest of Stirling, of the gift of the comissariat of Stirling, of the dait the [...] day of [...]; and renewes his gift ad vitam vell culpam.
15. Ratificatioun in favoures of David Sowtar of the mylne of Aberbrothe.
16. Ratificatioun in favors of Mr Thomas Murray and Patrick Pitcairne of the gift of deputation of the shireff deputie of shireffdome of Perth.
17. Ratificatioun in favoures of Mr Adam Broun of ane gift of presentatioun and donatioun to the kirk of Kirkpatrik Durhame, daitit at Whythall, the 18 day of December 1647†.
18. Ratificatioun in favours of my lord chancellar of ane gift of the bailliarie of Kyllstewart, daitit the 27 of December 1647, grantit be his matie umquhill father.
†19. Ratificatioun in favours of my lord chancellar of ane gift grantit be his maties umquhill father of the shirefshipe of Aire, daittit 10 March 1647.
20. Ratification in favours of Sir Archibald Jonstoun of Waristoune, clerk register, of twa gifts of pension, and of the former warrant grantit be our laitt soveraine lord, and be the parliament for punctuall payment thairof.
21. Ratification in favours of Sir James Stewart of his gift of the office of generall commissarie, collector of the maintenance and thesaurer of the excyse, daitit the 27 of September 1648.
22. Thrie ratifications in favours of the toune of Edinburgh of the acts of the committie of estaitts maid in favours of the towne of Edinburgh.
23. Ratification of the act of the comittee of estaittis, articles of depursmentis of Sir James Stewart, his fittit accomptis.
16 Marche 1649
The esteates grants the ratefecations conteinit in the thrie former pages.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Roll of remitts†
It is the humble opinione of the committee for bills:
†1. That the report of the supplicatione of the laird of Buchanane, ordering 20,000 merks to be payit to him out of the fynes and lent money of Stirling and Clakmanane schyres towards the payment of his arreirs and losses to ane accompt, may be approven and recommendit to the committee of moneyes.†
†2. That the report anent the supplicatione of Alexander Forbes of Auchintowie, ordering 2,000 punds to be peyit to him for present subsistance out of fynes and borrued moneyes, be approven and recomendit be the parliament to the committee of moneyes.†
†3. That the report anent the supplicatione of Alexander Forrestar, ordering satisfactione of 5,743 punds 10 shillings resting to him of accompts of debursements and of arreirers, may be approven and recommended to the committee of moneyes.†
†4. That the report anent the supplicatioun of Thomas Gladstones, keeper of the magesine in Leith, for payment to him of the halff of the rests of his accompts out of fynes and borrowed moneyes, may be approven and recommendit to the committie of moneyes.†
†5. That the report anent the supplicatione of Georg Jamesone, ordering him to be preferred to the excyse of haill Fyiff efter the first off May nixtocum, he peying as utheris will doe, and that peying the one halff of his taxt dewty to the publick, he may haiff retentione of the uther halff towards the payment of the sowmes dew to him be the publicke, may be ratifiet and approven.†
†6. That the report anent the supplicatione of Collonell John Cokburne for payment to him of 10,305 punds of arreierrs out of fynes and borrowed money be approven and remitted to the committee of moneyes.†
†7. That the report anent the supplicatioune off Major Thomas Weir, for payment of arreirs and redelayverie of ane band gewin be him to John Aitchesone for amonitione, that the samen be referred and recomendit to the committee of estates and moneys respective.†
†8. That the report anent the supplicatioun of the presbytrie of Dunce anent the kirks of Dunce and Schimrinesyd, craveing ane approbatioun of ther report and visitatioun of the said church by order from the generall assemblie, may be ratefiet and seriuslie recommendit to the commissione for plantatione of kirks.†
† 9. That the report and supplicatioun of John Sempell and utheris be referred and recomendit to the commitee of moneyes.
†10. That the report and supplicatioun of James Cambell of Moie, ordering 2,000 punds to be peyit to him for present subsistance towards the reparatioun of his loisses, out of the borrowed moneyes, fynes of such as were accessorie to the late Ingadgement or had hand in procuring his saids loosses, may be approven and recomendit to the committee of moneyes.†
†11. That warrand may be grantit to Mr Robert Forfarr to sequestrat the guids, geir, comptbooks and uthers of umquhill Walter Douglas, burges of Tein, who heth laitlie put violent hand in himself, that the saids guids and geir may be maid furthcumand to his just creditors quhen justice and law may be had, discharging all shireffs, provests, magistrats and uthers officers from all medling therwith according to the supplicatioun gewin in be Alexander and James Forquhares, two of the saids creditors theranent.†
†12. That the reports and supplicatioun of Sir Charles Erskeen anent the rests of his allowance quhen he wes commissionare at Londone and quheroff he hes precept upon the generall commissar, craveing warrand for payment thairoff out of the first and reddiest of fynes and borrowed moneyes as he can find out, may be grantit and recommendit to the committee of moneyes for that effect.†
†13. That the report of the supplicatioun of Leuetennent John Mure, ordering precept to be drawin upon the generall commissar for payment to him of 20 punds sterling for charges and convoicing of the arteallyarie and ammonitione from Barwick and Stirling, may be approven and recommendit to the committee of moneyes.†
†14. That the report of the supplicatioun of Mr Barnard Sandersone, minister, ordering 12 hundreth merks of loosses to be repeyit to him out of any soumes dew to the publicke be the shyres of Nidsdailles of the taxt and loane or bygane mentenence preceiding October 1648, may be ratefiet and approven.†
†15. That the report of the supplicatione of the committee of warr of Dumfreis, ordering John Aitchesone to resave bak from them so many of those armes which are to the fore which were gewin to them upon band, and that ther bands may be by him accordinglie dischargit, and that for the remanent of the saids armes, that he may persew those who intromete thairwith as in the report, may be ratefiet and approven.†
†16. That the report anent the supplicatioun of the committee of warr of the shireffdome of Dumfreis, that the act of the last parliament (ordaining debts contracted for the use of the shyre may be put to executioun aganes any of the subscryvers) may be repealed and ane former act ordaning such sowmes to be laid proportionallie upon the haill shyre aucht to be renewed. The opinione of the committee is that the samen may be done according to the tenor of the said report.†
†17. That the supplicatioun and report anent the brughe of Craill for some ease of ther mentenence and excyse for some tyme may, inrespect of ther sad conditione, be recommendit to the committee of estates and moneys.†
†18. That the report anent the supplicatioune of John Denholme in Colingtowne for 1,670 punds 13 shillings 4 d. may be recommendid to the committee of estates and moneys according to the report.†
†19. That the report anent the supplicatioune of Sir Charles Erskeen and John Maine in Cambus, that ane warrand may be granted to the toune of Stirling for payment to them of 40 bolls of maill taken from them for the use of the marques of Argyle's forces at Stirling or pryce thairoff, may be approven, and the samen ordered to payed accordinglie.†
†20. That the report of the supplicatione of John Sempill, wrytar, for renewing of the precepts heirtofore grantit to him and for payment of the moneyes dew be him to the publicke, may be approven, and inrespect of his long and faithfull service to the publicke, seriouslie be recomendit to the committie of moneyes to sie the samen effectuallie satisfiet according to the desyre of his bill, and that precept be renewed upon the generall commissar for that effect according to the report.†
†21. Anent the supplicatioune of Anna Campbell, daughter to umquhill Sir Archibald Campbell, againes Sir Williame Dick, it is the humble opinione of the committie of bills that the parliament vold grant commissione may be grantit to such of the lords of the sessione as they pleis nominat, with power to call befor them and heir both perties upon the metter mentionat in the bill and to decerne therin according to justice, ordaning all executioun neidfull to follow therwpon.†
†It is apoynted that in all remitt for moneys the general commissar be first herd, especyalye anent the half belonging to the publick.
It is further the opinione of the commitee of billis:
† 22. Anent the act presentit be the commissionares of the shyre and burghe of Aberdene and memberis of the commissariot thairoff, ordaining that the sate of the commissariot (which for the present is within the old towne of Aberdene) salbe in all tymecuming in the burghe of Aberdeine quhair all thair judicatories of that boundis does sitt. The humble opinione of the committee is that the said act according to the tennour thairof may be past.
†23. Anent the supplicatioun of James Pender, craveing the report of Duddingstoun and Mr James Cambell anent his loose and oppressione to be determined, and commissione renewed for further tryall theroff according to the tennor of the said report. The humble opinione of the committie is that the 220 merks mentioned in the 2 report to haiff beene exacted from him be John Ranking and his wyff may be decerned to be repeyed by the said John Ranking to him; and that the remanent of the said report, in sua farr as concernes the further tryall of the persewar's lose, may be ratefiet and commissione accordinglie grantit.†
†24. That the supplicatione of the marques of Argyill, in name of him self and of John Cambell of Cather, craveing rateficatioun of ane former act of parliament past in ther favors anent the fewdewities of Yla and remanent lands pertaining to them in the hielands and yles, and that by act of his present parliament, they may be discharged of the saids fewdewties, not onlie of the tua yers last past since the dait of the said act, but also in tyme cuming untill the most pairt of the saids lands be possessit† and possessit agane. The humble opinione of the committee is that the foirsaid supplicatione may be grantit according to the tennor thairoff.†
It is the humble opinione of the committie for bills:
†1. That the supplicatione of Andro Gray, quartermester, and George Cambell be remittit to the committie of estates.
†2. That the supplicatione of Alexander Murray, tailyor, for ane protectione be remittit to the committee of estates.
†3. That the supplicatione of David, lord Cardros for a revaluatioune be remittit to the committee of estates.
†4. That the supplicatione of John Douglas, late measser, for readmissione to the place of ane measser, be remittit to the committee of estates, with pour to them to determine therin.
†5. That the supplicatione and proces of John Hamiltone of Boughall contra the earle of Murray be recomendit to the committee of estates.
†6. That the supplicatione and proces of Margaret Home contra the Lord Balheavin be seriouslie recomendit to the commitee of estates.
†7. That the supplicatione of Robert Mestertoune be recomendit to the committee of estates.
†8. That the proces of Barbara Johnstoune, relict of Lochwood, contra John Banatyne of Corhous be seriouslie recomendit to the committee of estates.
†9. That the supplicatione of the marques of Argyill, earle of Eglingtowne and commissionars for the borrowes of Glasgu, Aire and Erving may be referred and recommendit to the committee of estates.
†10. That the proces of Issobell and Margaret Homes contra Sir Alexander Home be referred to the committee of estates.
†11. That the supplicatione continuing the exemtione of brunt and wested lands may be seriouslie recomendit to the committee of estates.
†12. That the supplicatione of the brughe of Lanairk may be seriuslie recommendit to the committee of moneyes, with pour to determine.
†13. That the proces of the laird of Cesnoks contra John and Williame Walaces and John Heres may be seriuslie recomendit to the committee of estates, with pour to determine.
†14. That the supplicatione of Anna Campbell, doughter to Sir Archibald Campbell, aganes Sir William Dick may be seriouslie recomendit to the committee of estates.
†15. That the supplicatione of the committee of warr of the shireffdome of Dumfreis, commissionars of the said shyres and brughs thairof, craveing that the forces to be upliftit out of Dumfreis and Galloway may be joyned and united under one comand for the better defence of the borders incais of invasione, may be recomendit to the committee of estates to consider of the expediencie thairoff.
†16. That the report anent the supplicatione of Alexander Brode of Lathem anent the payment to him of 1,400 merkis out of fynes and borrowed moneyes from those that fall within the classes, and dispositioun to him of the bailyarie of Kinlose, and exempting him from outputting of horse and foot inrespect that his landis are totallie westit, may be approven.
†17. That the suplicatione of Mathow Hamiltone in Walace contra James Torrens may be remittit to the committie of estates, with pour to determine.
†18. That the supplicatione of Mr Androw Abercrumbie anent lose for some effectual meane of subsistance may be referred to the committee of estates.
†19. That the supplicatione of the burghe of Dundie anent retentione of 2 monthes mentenence in compensatioune of uther 2 formarlie assigned but proven ineffectuall, that the samen be recommendit to the committie of estates and moneys.
15 Marche 1649
The abonewrettin ar referrit ut supra.
It is further the opinione of the committee of bills:
†20. Anent the supplicatione of Arthur Erskeen of Scotiscraig, craveing repayment out of fynes and borrowed moneyes of the sowme of 2,000 merks, with the interest peyit be him to Sir Williame Dick as a pairt of the tua hundreth thowsand merks, and that tryall may be takin of his looses, and being tryed, the samen peyit to him in the same maner. It is the humble opinione of the committee that the desyre of the supplicatioune sould be grantit, and, for rendering the samen effectuall, recomendit to the committee of moneyes.†
†21. Anent the supplicatione of Sir John Hope of Craighall and John Swintone of that ilk, youngar, craveing repayment out of fynes and borrowed moneyes as uthers haiff of the respective sowmes contenit in ther supplicatioun, with the interest theroff, which were lent for the use of the armie that went to Irland and Ingland. The humble opinione of the committee is that the desyre of ther bill may be grantit, and seriuslie recommendit to the committee of moneyes to be maid effectuall to them.†
†22. Anent the supplicatioun of Sir James Hope, craveing repayment of ane band of ane 100 punds sterling of lent money out of fynes and borrowed moneyes, and that exemptione, immunities and privelegiis of his works and workmen theroff may be ratefiet and renewed. The humble opinione of the committee is that the desyre of the supplicant may be grantit according to the tenor of his bill, and recomendit to the committee of estates and moneyes respective.†
†23. That the supplicatione of the mester of the cunziehouse and uther inferior officers may be recomendit to the committee of estates.†
†24. That the supplicatioun of the widowes and orphanes quhaes husbands and parents were killed at Stirling may be seriuslie recomendit to the committee of moneyes.†
†25. That the supplicatione of the towne of Stirling off forbearance of thair pairt of the present levie so long as they are constranit to guard and watch ther towne exterordinarly during the absence of the garisone may be recommendit to the committee of estates.†
Anent the supplicatione and proces of Barbara Johnstoune, relict of Blaikwood, contra John Bannatyne of Corhous, the humble opinione of the committee is the samen be referrit to some of the lords of the sessione, with power to them to decyd therin and all executione needfull may follow upone thaire decreit.†
And the lyke anent the supplicatione of Harie Elphingstoune of Caderhall for discussing ane suspensione of ane decreet of removing aganes Adame Scott.†
That the report of the supplicatioun of the relict of umquhill Mr Georg Ruell, minister at Mordingtoune, finding hir loosses to be four hundreth punds, may be approven and seriuslie recomendit to the committee of moneyes for payment theroff.†
That the report of James Monteath, putherer, ordering the sowme of fyve thowsand, thrie hundreth and fyiftie punds to be peyit to him be the generall comissar, may be approven and recomendit to the committee of moneyes may be maid effectuall.†
16 Marche 1649
Red and approvin, conforme to the marginal notts.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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†List of the supplicatiounes remitteed be the parliament to the committee of estates and uther ordinar judicatories
†1. Mutuall supplicatiounes be the lairds of Minto, elder and younger, aganes uthers, with the reportis theranent, remittit to the commitee of estaites.
2. Supplicatioun Jonet McMath, relict of Williame Dick, younger, and hir bairnes againes Sir James Douglas, sone to the earle of Mortown, and Sir Archibald Douglas and certane utheris, remittit to the lordis of sessioun.
3. Supplicatioun Hew Monro contra Sir James McDonell of Sleat remittit to the committee of estates. Given up to Daniell Monro for the persewer.†
4. Supplicatoun James, lord Cowpar contra Robert Hill and James Lawsone in Dundie remitted to the comittee of estates, with ane comissioun to any ane of the baillies of the burght of Dundei to tak James Lawsone, his aith, and report to the committee [of] estates or parliament; and the comissioun to be presentlie exped for takin the parties aith.
5. Supplicatioun for the shirefdome of Eist Lothiane anent thair havie sufferings be quarterings, remittit to the comitee of estates.
6. Supplicatioun of Fergus Grahame of Blaetwood contra the Earl of Annandaill, remittit to the comittee of estates.
7. Supplicatioun laird of Gaithgirth and uthers contra Major George Greir, remittit to the committee of estates.
8. Supplicatioun earles of Panmure and Direltoun and uthers contra Sir Johne Falconer, remittit to the committee of estates.
9. Supplicatioun Johne Andersone and Johne Mayne contra the proveist and baillies of Stirvilling, remittit to the comittee of estates.
10. Supplicatioun burghe of Kirkcudbright contra Major Wood, remittit to the committee of estates.
11. Supplicatioun and proces Johne Hamiltun contra earle of Muray, remittit to the lordis of sessioun.
12. Supplicatioun Jeane Black contra Doctor George Seatoun, remittit to the judge ordinare.
13. Supplicatioun and proces laird of Glenkindie contra a number of persones in the north for spolyeing of his goodis, remittit to be persewit befoir the judge ordinare.
14. Supplicatioun the tennentis of Goldenhuife contra Collonell James Rae, thair maister, remittit to the comittee of estates.
15. Supplicatioun Williame Lawsone, prisoner in the Cannogait tolbuith, contra Sir Alexander Home of Halyburtine, Johne Seatoun of Lawthreis and uthers, remittit to the committee of estates, with Lathreis, his declairatioun givin thairin, with powar to thame to determine.
16. Supplicatioun James Pender and utheris contra Johne Rankine, remittit bak to the comittee of estates.
†17. Supplicatioun the aires portiouners of Robert Gill, cordowner in Pearth, contra Johne and James Mersferes and certain utheres in Pearth, with the proces therof, remittit to the lordis of sessioun.
18. Supplicatioun David Home in Pearth contra James Grahame and utheres, the freinds and intrometters with the rentes of James Grahame, sumtyme earle of Montrose, remittit to the committee of estates.
19. Supplicatioun laird of Edgill for exemptioun of the mantenance and leavies inrespect of the destroying of his landis, remittit to the comittee of estates.
†20. Supplicatioun Johne Sempill, proveist of Dumbarton, contra Lord Cochrane, remittit to the committee of estates.
21. Supplicatioun laird of Phindowrie for exemptioun fra mantenance and leavies inrespect of the destroying and burning of his lands, remittit to the comittee of estates.
22. Supplicatioun Lord and Ladie Borthwik contra Sir Mark Ker for exhibitioun of wryttis, remittit to the comittie of estaits.
23. Supplicatioun Lord Borthuik contra Johne Mitchelsone and Sir Johne Scott, remittit to the comittie of estaits.
24. Report and depositiounes for Johne Campbell of Dalblair and utheres contra Major George Greir, remittit to the comittee of estates.
†25. Supplicatioun laird [of] Glenkindie contra Frances Hay in Kellie and uthers, remittit to the judge ordinare.
26. Supplicatioun Mr Johne Carmichaell, comissar of Lanerik, anent his office of the said comissariot, remittit to the comittee of estates.
27. Supplicatioun Jeane Edmistoun and hir spous againes Margerie and Anna Edmistounes, remittit to the judge ordinare for the cause itselff, and to the committee of estates to examine the witnesses, but prejudice of parties.
28. Supplicatioun Mr Johne Hay, minister at Peibles, contra Johne Maxwell, advocat, remittit to the committee of estates.
29. Supplicatioun Edward Wallace of Sewaltoun contra Johne Wilsone and James Hepburne in Glasgow, remitted to the judge ordinare.
30. Supplicatioun James Thomsone in Tartraven contra Andro Rose, remittit to the judge ordinare.
31. Suppplicatioun Margaret Inglis, dochter to Murdingstoun, contra Thomas Inglis, hir brother, for circumventioun, remittit to the committee of estates.
32. Supplicatioun Patrick Hodge and Jonet Levingstoun contra James Stirling of Auchyll, remittit to the committee of estates.
33. Supplicatioun Susanna Douglas contra laird [of] Lugtoun and utheres, remittit to the lordis of sessioun.
34. Supplicatioun Mr Thomas Young contra James Wright, hattmaker, remittit to the lordis of sessioun.
35. Supplicatioun Thomas and George Steills, ten[entis] to the earle [of] Lothiane, contra Mathow Cuthill, remittit to the committee of estates.
36. Supplicatioun laird [of] Howstoun and Bell, his tenentis, contra laird [of] Carden, remittit to the committee of estates.
37. Supplicatioun Williame Leverock contra David Howisoun in Cramond, remittit to the comittee of estates.
38. Supplicatioun Mr Thomas Hamiltoun contra Thomas and Johne Huntars, remittit to the comittee of estates.
39. Supplicatioun Johne Ker, merchand, contra Johne Bell and uthers, remitted to the committee of estates.
40. Supplicatioun Williame Merschell for depursmentis and areires aclamed be him, remitted to the committee of moneys and recomendit to tham.
41. Supplicatioun be Johne Maxwell, advocat, and Jonet Neisbit, his spous, contra James Maxwell, sone to the lait pretendit bischop of Rose, remittit to the comittee of estates.
42. Supplicatioun Robert Lothian contra Johne Neisbit, remittit to the committee of estates.
43. Supplicatioun Johne Wallace of Burnebank and his sone contra laird [of] Cesnok, remitted to the comittee of estates.
44. Supplicatioun town of St Androis, desyring course to be takin for the monies restand to thame be the publict, remittit and recomendit to the committee of moneys.
45. Supplicatioun burght of St Androis, desyring libertie to tak the staines of the abbay for fortefieing of the town. It is the opinioun of the committee that the desyre of the supplicatioun be grantit.
46. Supplicatioun town of Stirling, remitteed to the committee of estates.
47. Supplicatioun Rotmaster David Moore againes the deficients in Stirling schyre, remittit to the committee of estates.
48. Supplicatioun Margaret Levingstoun, doghter to the laird of Dunipease, contra hir tennentis, remittit to the comittee of estates.
49. Supplicatioun Marion Swintoun, relict of umquhill James Neisbit, contra laird of Craigemiller, remittit to the committee of estates.
† 50. Supplicatioun minsteres of the presbitrie of Duns, recomendit to the committee of estates.
51. Supplicatioun Mr Andro Abercrumbie for subsistance, recomendit and remittit to the committee of estates.
52. Supplicatioun presbitrie of Aberdine for erecting of ane new kirk betwixt Phiterasso and Netherbachrie, remittit and recomendit to the comissioun for plantatioun of kirkis.
53. Supplicatioun anent the ministeres stipendis payet out of the landis of Huntlie, recomendit to the committee of estates.
54. Supplicatioun Mr Johne Watsone and Mr Robert Broun, remittit and recomendit to the comissioun for plantatioun of kirkis.
55. Supplicatioun Sir Johne Falconer, remitted to the committee of estates.
56. Supplicatioun Mr David Drumond, remittit to the committee of estates.
57. Supplicatioun George Dagerno, chalmerland of Kilmuck, remittit to the committee of estates.
58. Supplicatioun James Ross of Balneill anent his great suffering, remittit to the committee of estates, and ordaines the comittie of the schyre to be warrnit therto.
59. Supplicatioun James Rankine, sailler in Dundie, anent his howse in Dundie, quhilk war casten doun for the fortefieing of the town, remittit to the committee of estates.
60. Supplicatioun Marione Weir, relict of Liuetennent Collonell James Bannatyne, againes John Banatyne of Corhous, remittit and recomendit to the committee of estates, and the partie ordainit to be cited befoir thame.
16 March 1649
The estaittes of parliament remittis the haill supplicatiounes afoirsaid conforme to thair severall referris and remittis.
Loudoun, cancellarius, I.P.D. p[arliamenti]
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Act David Sowter of the mylne of Abirbrothok and Wardmylne
The estaits of this present parliament ordaines ane act to be maid, ratifieand and approveand, lykas they be the tennour heirof ratifie and approve the contract and appoyntment maid betuixt umquhill James, lord Ogilvie, Jeane, lady Ogilvie, his spous, and James, maister of Ogilvie, thair sone, one the one pairt, the bailyies, counsall and commontie of the burghe of Abirbrothok one the uther pairt, anent the few maid be the saids bailyies, counsall and commontie to the saids umquhill Lord and Ladye Ogilvies, the langest leivar of thame tua, and to ther said sone, his aires, assignayes and tennentis, burgesses of Arbroith thairinmentionat, off all and haill the common mylne of the said burghe of Aberbrothok and mylnelands, with the multours and sequellis thairoff, extending to the quantitie of multouris specefeit in the said contract, lyand in the said burghe within the sherefdome of Forfar, to be haldin of the saids baillies, counsall, commontie and thair successouris in fewferme for yeirlie payment to thame of fourtie sex punds, thretteine schillings, foure pennyes, with thrie schillings iiij d. of augmentatioun, quhilk contract is daitit the tuentie fourt day of Appryll jM vC fourscore tua yeiris; togidder with the few charter relative thairto and following thairupon maid be the saids bailyies, counsall and commontie of Aberbrothok to the said Lord Ogilvie, his said spous, thair said sone and his foirsaidis of the said mylne of Aberbrothik, mylne lands, multouris and sequellis thairof, daitit the tuentie fourt day of Appryll jM vC fourscore tua yeiris, with the seasing following upon the said charter; togidder in lykmaner with the chairter maid be James, lord Ogilvie, now erle of Airlie, with consent of James, now lord Ogilvie, styllit for the tyme maister of Ogilvie, his sone, to David Souter at the mylne of [...], off all and haill the said mylne callit the common mylne of Abirbrothik, with the mylnelands, multouris and sequellis thairof to be haldin of the towne of Abirbrothick, quhilk charter is of the dait the tuentie tua and fyft dayes of Maii and September jM vjC threttie foure yeiris, with the saising following thairupon and charter of confirmatioune of the samene maid be the saidis bailyies, counsall and commontie of Abirbrothick infavouris of the said David Souter, his aires and successouris thairanent of the dait the tuentie sevint day of November jM vjC threttie foure yeiris. And in lykmaner the estaits of parliament doe heirby ratifie and approve the chairter under our umquhill lait soverane King Charles the first, his great seall, grantit to the said David Souter, his aires and assignayes quhatsumever off all and haill that corne mylne callit the Waird Mylne, with the mylnelands astrictit and frie multouris, sequellis and customes now and of befoir used and wont; togidder with the croaft of land callit Sallareres Croaft, with the use and occupatioune of that peace of land lyand betuixt the said Sallarers Croaft and water of Brothok, with the houses, bigings, yairds, toftis, croaftis, dowcatis, outsettis, pairts, pendicles and all thair pertinents quhatsumever, lyand in the lordschip and regalitie of Abbirbrothock and within the shereffdome of Forfar; and of all and haill these lands callit Cuningerhill of Abirbrothock, with the teindscheives thairof includit, lyand betuixt the waird of Abbirbrothok, the lands of Deningdaill and Guthrieshill, and the dame of the said mylne callit the Waird Mylne, within the lordschip, regalitie and shereffdome foirsaid, upon James, erle of Airlie, his resignatioune thairof, with the claus of novodamus thairinspecefeit and union† for taking of saising thairof, to be haldin of our said umquhill soverane lord and his hienes successouris, superiouris thairof, in fewferme and heritage, quhilk chairter under the great sell is daitit the first day of Marche jM vjC fourtie aucht yeiris; in the haill heids, clauses, articles and conditiones off all and sundrie the saids contracts, chairters, infeftments, seasings and uthers respective abonewritten; and willis and grants and be thir presentis expreslie declares and ordaines that the foirsaids evidents, richts and securities respective abonementionat sall be gud and valide richts to the said David Souter, his aires and assignayes foirsaidis of the mylnes, mylnelands, multouris, sequellis and utheris respective abonementionat without any questione to be maid or moved againes thame thairintill. And als declares that this present ratificatioun sall be als sufficient as gif the saidis contracts, charters, infeftments and utheris abonewritten wer heirin speciallie insert, ratified and approven de verbo in verbum.
7 March 1649
The comittie ordaines Patrick Ross to sie and reveise thir writtis and report to the comittie.
I haif seing the wreattis within mentionat, and, in my opinioun, they aucht to be ratefeit, Patrick Ross.