The 18th day of this session of parliament
[1641/7/77]*[print] [email] [cite] [preceding] [following]
Rolls called and prayer said.
The which day the estates of parliament appoint [James Livingstone, lord Almond], lord lieutenant general, [Archibald Campbell], earl of Argyll, [William Keith, earl] Marischal and [John Wemyss, earl of] Wemyss to go upon Friday next, being 13 August, to meet and receive his majesty at Gladsmuir, where the said estates ordain the whole gentry of the shires of Berwick and Lothian, East Lothian and West Lothian to attend the said noblemen to that effect, and ordain letters to be written to the sheriffs of those shires for giving speedy advertisement hereof to the gentry, which letters were accordingly presently written, subscribed and sent to the sheriffs of the foresaid shires.
[1641/7/78]*[print] [email] [cite] [preceding] [following]
The which day, report being made to the estates of parliament by [Alexander Elphinstone], lord Elphinstone, as president of the committee for the bills, regarding the supplication given in by Captain Forbes desiring to be set at liberty out of the tolbooth of Edinburgh where he remains incarcerated, the said estates ordain the said Captain Forbes to be set at liberty whensoever Sir William Forbes of Craigievar shall desire, and that in respect the said Sir William acted and obliged himself in the books of parliament to put the said Captain Forbes out of the country and not to take him out of the tolbooth until the ship be ready for his transportation.
[1641/7/79]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament, having read and considered the supplication given in to them by Elizabeth Ross, widow of the said the late Donald Roy, miller, desiring a command to [Sir James Carmichael], treasurer depute, and lords of exchequer that no remission nor respite be passed to those men who slew her husband without a letter of slains†, unless she be called thereto and heard thereupon, the said estates of parliament ordain the treasurer depute and lords of exchequer to pass no remission nor respite in favour of the parties contained in the supplication for the foresaid slaughter until the supplicant be first called thereto and heard thereupon.
[1641/7/80]*[print] [email] [cite] [preceding] [following]
Regarding the supplication given in to the estates of parliament, now convened by his majesty's special authority, by William Dick of Braid against George Aitken of Underedge, for intruding of himself in a barbarous and lawless way, upon 31 July last, in the possession of the close, houses, barns and others of his works within the town of Dunbar appointed for making, packing, dressing and keeping of red and white herring, together with the whole necessary materials belonging to the said works conveyed by the said George Aitken to the said William Dick, and whereof the said George Aitken had put the said William Dick and William Dick younger, his son, and Alexander Drummond, his factor, in possession, according to the disposition and rights and infeftments of possession made and given by the said George Aitken to the said William Dick thereupon, and regarding the charge given to the said George Aitken to have compeared before the estates of parliament at a certain day bygone, with continuation of days, to have heard and seen him punished for the said wrong and riot, and determined to repossess the said William Dick and his factors and their servants foresaid again to his and their forenamed possession, and to find sufficient cation that he should in no way directly nor indirectly trouble, molest nor prejudice them in the peaceable and profitable possession foresaid, as at more length is contained in the said supplication. Which supplication and party above-written being the said day openly called and publicly read in audience of the parliament, compeared personally the said William Dick, complainer, and also compeared personally the said George Aitken, defender, who denied the points of the supplication and wrongs and riot mentioned therein, whereupon the estates of parliament received, swore and admitted in presence of the parliament the witnesses who were summoned for proving of the said complaint and thereafter committed the examination of the said witnesses, with the trial and consideration of the disposition and writs whereupon the supplication is founded, to David [Carnegie], earl of Southesk, for the nobility, William Rigg of Aithernie for the barons and Master Robert Barclay, commissioner for the burgh of Irvine, for the commissioners of burghs, three of their number, to be reported by them to the said estates, who accordingly having examined certain witnesses and read and considered the said disposition and writs foresaid and thereupon having heard both the parties and made the said George Aitken aware of the truth and verity of the premises and of his miscarriage in the committing of the wrong and riot foresaid, the said George Aitken did acknowledge the same, and in respect thereof declared and obliged himself as follows. Which premises being reported by the said David, earl of Southesk, William Rigg of Aithernie and Master Robert Barclay to the said estates of parliament and the declaration, consent and obligation above-written made and subscribed by the said George Aitken being also publicly read in audience of the parliament, the said estates have interposed and interpose their authority of parliament in and to the foresaid consent, declaration and obligation above-mentioned and approve the same; and according thereto ordain and appoint the magistrates of Dunbar, or any of them, to restore and enter the said William Dick and his son and the said Alexander Drummond, his factor foresaid, and the other servants foresaid again to the possession of the foresaid close, houses, barn, works, materials and others foresaid to be peaceably possessed by them, according to the foresaid right and disposition and to the said George Aitken's declaration, consent and obligation above-mentioned, for doing whereof the said estates grant warrant and commission to the magistrates of Dunbar, or any of them, whereupon the said William Dick asked instruments.
[1641/7/81]*[print] [email] [cite] [preceding] [following]
The estates of parliament, finding it necessary that the registers in the castle of Edinburgh be searched for examining, looking out and exhibiting before the committee for the incendiaries of all exchequer rolls and accounts since the year of God 1630 for clearing of certain points contained in the summons against the incendiaries, do by this warrant command the Lord Yester, Sir Thomas Hope of Kerse, Patrick Leslie, commissioner for Aberdeen, with Master James Durham of Pitkerro and Master Archibald Johnston of Wariston, to go to the castle and there to examine the registers and to seek out the said rolls and accounts of exchequer, and to exhibit the same before the committee appointed for the incendiaries, and for that effect command Master William Hay, one of the clerks of the parliament, to go with them and to open the registers to them to the effect above-written, and to be present with them as clerk to the parliament and as present possessor of the keys of the said registers, commanding likewise the constable of the castle of Edinburgh upon the sight hereof to give way to the persons above-written to the opening of the door of the said registers, concerning which and regarding the whole premises [this] shall be a sufficient warrant.
[1641/7/82]*[print] [email] [cite] [preceding] [following]
The which day the estates grant protection to Lieutenant Colonel Fraser for all personal execution to be used against him until 10 September next inclusive.