[A1641/7/24]*[print] [email] [cite] [preceding] [following]
Particulars to be represented to the parliament regarding the getting of monies
1. It is represented that the auditors be continued and their commission renewed, and that some of each estate be appointed to consider what progress is made in the accounts and to report. Auditors are appointed to meet at [George Mackenzie, earl of] Seaforth's house and consider this article.
2. That order may be given whereby the whole debts and burdens of the kingdom may be known and drawn to a sum.
3. That notice be taken regarding the ten and twenty pennies, what thereof is paid and unpaid. As also regarding the 40 days' loan, and the horse and foot that have not been put out nor paid according to the public orders and regarding the voluntary contribution.
4. That notice be taken what valuations are not yet given in through the kingdoms, and that some solid course and order be set down regarding the valuations that the whole burdens may be equal.
5. That some orders be taken regarding the rents of enemies, anti-covenanters and bishops' rents.
6. It is represented to consider what way those who have monies shall be dealt with to loan their monies to the public upon good security, and that the list of the names given in to the committee may be read in parliament.
7. It is also represented that the commissioners of shires and burghs be ordained to condescend upon those within their shires and burghs who have monies and to inform themselves regarding this by the ministers now present at assembly.
It is represented to the parliament as a necessary expedient for getting in of the public dues such as ten and twenty pennies that the commissioners of shires and burghs shall be commanded by the parliament to require their several shires and burghs to send in their collectors and commissioners and others who have commission for dealing with enemies' rents and other public dues, and to ordain them to bring in their monies or such timeous diligence as shall be thought reasonable with such certification as the parliament shall think fitting, after consideration of the diligence and as the same shall be reported.
Item, that times and diets be appointed for this effect according to the distance and nearness respectively of the several shires and burghs of the kingdom.
Item, that the commissioners of shires and burghs be ordained presently to declare their knowledge regarding what public dues, forty days' loan, voluntary contribution, horse and foot are unpaid or not put out, according to the public orders within their shires and burghs; and what they know not that they inform themselves with diligence and report the certainty at the diets appointed as above.
It is also represented to the parliament's consideration the burden the public lie under by the three regiments within the country and the officers within the several shires, that the same may be either licenced in whole or in part as the parliament shall think fitting, and that the monies be presently borrowed for this effect as the parliament shall appoint, and some present course taken for getting these monies.
It is likewise to be taken to consideration that the whole reformeired† officers be licenced and present course taken for their bygone payment.
[A1641/7/25]*[print] [email] [cite] [preceding] [following]
Supplication by [Anna Wemyss], lady Stormont†
To the honourable estates of parliament the humble supplication of Anna, viscountess of Stormont.
Showing whereas it is well-known to your lordships this long time bygone the lieges have wanted the benefit of exchequer and thereby frustrated of confirmation of their rights, and I am one of that number who is laid out of my rights as yet, my humble desire to your lordships is that you may be pleased to give warrant to [Sir James Carmichael], treasurer depute and the rest of the lords of the exchequer to convene and meet for confirming of my rights granted to me by Mungo [Murray], viscount of Stormont, my husband, at such time as your lordships shall think fit. And your lordships' answer humbly I expect.
5 August 1641
The estates of parliament appoint the treasurer depute and other lords of exchequer to sit for passing the signature above-written with this declaration: that the same be in no way prejudicial to any man who has been employed in the army or public affairs and service of the country and good cause.
[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament
[A1641/7/26]*[print] [email] [cite] [preceding] [following]
Supplication of the Laird of Blair†
My lords and others of the estates of parliament, to your lords humbly means and shows I, your servant John Blair of that Ilk, and my curators for their interests, that where ever since the decease of the late Sir Bryce Blair of that Ilk, my father, I have been attending and ready to have settled with [John Stewart, earl of Traquair], his majesty's treasurer principal, or [Sir James Carmichael, treasurer] depute for the gift of my ward and marriage vacant in his majesty's hands by my father's decease, which has not yet been done by reason of the absence of his majesty's treasurers out of this kingdom. And seeing Sir James Carmichael, his majesty's treasurer depute, is now present and that it is well-known to many of your lords' number that my late father and grandfather contracted sickness whereof they died in your employment in the public business, and that the longer delaying of the passing of the said gift may prove hurtful and prejudicial to me, therefore I humbly beseech your lords to give command and warrant to the said Sir James Carmichael, his majesty's treasurer depute, to convene the lords and others of the exchequer and to pass and complete in my favour the gift of my ward, non-entry and marriage upon the payment of a reasonable composition thereof according to justice and equity. And your lords' answer humbly I beseech.
5 August 1641
Produced by [James Chalmers], laird of Gadgirth.
5 August 1641
The estates of parliament, in respect of their certain knowledge of the verity of the within written supplication, find the desire thereof reasonable and ordain the gift to be passed freely, according to the act of parliament, and ordain the clerk to give out the duplicate hereof under his hand if need be.
[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament†
[A1641/7/27]*[print] [email] [cite] [preceding] [following]
Supplication by the Laird of Caldwell†
My lords and others of the estates of parliament to your lordships humbly means and shows I, your servant, Robert Muir of Caldwell, and my curators here present for their interests, that where my late father contracted sickness in the public service whereof thereafter he died and parted this life, therefore most humbly beseeches your lordships that your lordships will be pleased to give order to [Sir James Carmichael], treasurer depute, and other lords of the exchequer to pass the signature presented to me and to my friends here present, in my name, of the gift of my ward and marriage. And that upon such reasonable compositions as your lordship shall think expedient.
24 July 1641
Read and considered.
5 August 1641
Produced by [James Chalmers], laird of Gadgirth.
5 August 1641
The estates of parliament, in respect of their certain knowledge of the verity of the written within supplication, find the desire thereof reasonable and ordain the gifts to be past freely, according to the act of parliament, and ordain the clerk to give out the duplicate hereof under his hand if need be.
[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament†
[A1641/7/28]*[print] [email] [cite] [preceding] [following]
Supplication of the Laird of Cromlix†
My lords and others of the estates of parliament, to your lords humbly means and shows I, your lordships' servant, Ludovic Chisholm, apparent heir of Cromlix, only lawful son and apparent heir of the late James Chisholm of Cromlix, my father, that where by an act of this currant parliament it is statute and ordained that whosoever should happen to decease in the public service and during the time thereof, their eldest son should have their ward and marriage granted and conferred to them or any of their friends whom they should nominate to their benefit, and that freely without any composition. And true it is that the said late James Chisholm, my father, being employed in the public service, was made captain of a foot company in my Lord Drummond's regiment and continued captain therein until his decease, likewise my said late father being in the said service at Newcastle contracted sickness and died at Kelso, and therefore I should have the benefit of the said act conferred on me to have my ward and marriage granted to my benefit, freely, without any composition. And because Sir Ludovic Houston of that Ilk, my grandfather, is one of my nearest friends and is tutor testamentar nominated to me by my said late father for ruling of my estate and affairs during my pupillarity, and so is one most confident in whose name my said gift of ward and marriage may be granted to my benefit, therefore I beseech your lordships to have consideration of the premises and to recommend the passing of a gift of my ward and marriage to [Sir James Carmichael], his majesty's treasurer depute, to be passed in exchequer to my benefit, freely, without any composition, according to the tenor of the foresaid act of parliament. And your lordships' answer.
5 August 1641
Produced by the Laird of Houston.
5 August 1641
The estates of parliament, in respect of their certain knowledge of the verity of the written within supplication, find the desire thereof reasonable, and ordain the gift to be passed freely, according to the act of parliament, and ordain the clerk to give out the duplicate hereof under his hand if need be.
[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament
[A1641/7/29]*[print] [email] [cite] [preceding] [following]
Supplications of [Gilbert Hay, earl of Erroll], lord constable of Scotland, and the town of Edinburgh, with the parliament's deliverance thereupon 5 August 1641†
My lords of parliament, to your lordships humbly means we, your lordships' servants, the provost and bailies of Edinburgh, that where upon 1 August instant Master Thomas Lamb, minister at Kirkurd, was brought within our town of Leith about 9 o'clock at night by certain persons who had taken and apprehended him as guilty of the slaughter of the late John Tittop, committed by him near to our said town of Leith, and was immediately incarcerated within the tolbooth of Leith where he remained until Monday at 2 o'clock after noon; and from thence we transported him to the tolbooth of Edinburgh, being of purpose to have put him to the knowledge of an assize as having committed the same slaughter within the bounds and sheriffdom of Edinburgh and liberties thereof, or within the bounds of our regality of Broughton. But we, having taken trial and inquiry of the place where the said slaughter was committed and having found the same to have been done within the corn rigs of the barony of Restalrig, which is in no way within the bounds of our sheriffdom of Edinburgh nor liberties thereof, nor within the said regality of Broughton, we abstain from putting of him to the knowledge of an assize and retain him in ward until he were called before [Sir William Elphinstone], justice general, or his deputes and put to his trial before them. And now lately we have received a charge from [Gilbert Hay], earl of Erroll and [John Lyon], earl of Kinghorn, his tutor, to exhibit the said Master Thomas upon the pursuit of their procurator fiscal to suffer the law within our said tolbooth of Edinburgh, which we cannot nor may not do without our great prejudice, seeing there is a question depending between the constable and us regarding the rights and liberties of the said constabulary within the bounds of our said sheriffdom, liberties thereof and regality foresaid. Therefore we humbly entreat your lordship to take the premises to your serious consideration, and to give order to the justice general and his deputes to proceed and administer justice upon the said Master Thomas, to whom we shall be ready to exhibit him within our said tolbooth. And if that shall please your lordship, to give warrant to any others and especially to the constable that the same may be declared that it shall be without derogation to any of our liberties and without acknowledging by us of any right or privileges which the said constable has to judge within any part of our bounds and liberties foresaid, or to charge us to exhibit any person within any of our tolbooths or wardhouses, protesting always (likewise we by this supplication protest) that whatsoever shall be done regarding the premises shall be without prejudice of our rights and liberties in manner foresaid.
3 August 1641
Petition of the town of Edinburgh read in audience of the parliament. Continues until tomorrow. The deliverance given up to the notary public.†
[A1641/7/30]*[print] [email] [cite] [preceding] [following]
[Gilbert Hay, earl of Erroll], lord constable's bill†
My lords and others of the estates of parliament, to your lordships humbly means and shows Gilbert, earl of Erroll, high constable of Scotland, and John [Lyon], earl of Kinghorn, my tutor testamentar for his interest, that where we being informed of the late slaughter or murder of the late John Tittop in Leith committed by Master Thomas Lamb, sometime a preacher, upon 1 August instant, being Sunday at evening, we, as high constable, by virtue of our office and according to our rights and privileges, directed forth precepts and therewith caused charge the said Master Thomas Lamb to compear before us and our deputes, one or more jointly or separately, in a justice court to be held by us within the tolbooth of Edinburgh upon 3 August instant to underlie the law for the said cruel murder and slaughter. And likewise caused charge the provost and bailies of Edinburgh to exhibit and produce the said Master Thomas Lamb before us in the said justice court to the effect foresaid, he being in their prison and wardhouse. And having caused charge an inquest to pass upon his assize, and accordingly convened in judgement and fenced and held a court for doing justice in the said matter as being only proper judges thereto, being a slaughter committed near the high court of parliament; and having called the said Master Thomas, delinquent, to appear, and the said provost and bailies to exhibit and produce him before us as they were charged and required thereto, and they having failed therein, compeared personally Sir John Hamilton of Preston and Master William Hogg, advocate, who produced a power subscribed by the said Master Thomas for them to appear for him and in his name before us, bearing his willingness and readiness to enter on panel, according to the charge given to him for that effect. But in respect he was incarcerated within the tolbooth of Edinburgh and detained therein by what warrant we know not, he could not appear personally, so that it appears the said provost and bailies of Edinburgh have neglected and contemned the charge given to them in manner foresaid, whereby justice is frustrated, his majesty's authority wronged and I, as high constable of Scotland, prejudiced and wronged in my office, right and privilege in judging of the said fact. Therefore we humbly beseech your lordships to have consideration of the premises and to give express order and warrant by this supplication to a messenger of arms or macer to command and charge the said provost and bailies of Edinburgh to exhibit and produce the said Master Thomas Lamb, delinquent, before us and our deputes, one or more jointly or separately, in the justice court to be held by us as constable foresaid or by our deputes, one or more, upon 1 August instant in the hour of cause and at all other diets to be appointed and affixed by us in the said matter or in any other of that kind as the same shall happen to fall out. And your lordships' answer.
3 August 1641
Read in audience of the parliament.
5 August 1641
The estates of parliament, after reading of this supplication, together with some remonstrances herewith produced by the Earl of Erroll, ordain the provost and bailies of Edinburgh to exhibit the written within delinquent before the constable or his deputes, one or more, to the effect mentioned within, without prejudice always of the Earl of Erroll or town of Edinburgh their rights or privileges proved by law. And ordain the clerk to deliver to either party the duplicate of this supplication with this deliverance thereof, together with the duplicate of the remonstrance herewith exhibited by the Earl of Erroll, subscribed under his hand.
[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament†
[A1641/7/31]*[print] [email] [cite] [preceding] [following]
Remonstrance for [Gilbert Hay, earl of Erroll], lord constable to the parliament†
The humble remonstrance of the Earl of Erroll, high constable of Scotland, to the supreme court of parliament now convened.
It is in all humility represented to the estates of parliament that if there were any necessity for the lord constable at this time to dispute his rights and privileges due to that office, or if any member of the parliament did doubt or were not acquainted with the said privileges, it would be made clearly to appear that the lord constable is only supreme judge in all matters of riot, disorder, blood and slaughter committed within four miles of the king's royal person, parliament or council, representing the authority royal in his majesty's absence. And the provost and bailies of that burgh and all other judges where the said facts are committed are obliged to rise and concur and make their tolbooths patent for receiving of malefactors and, particularly, this might be made appear by bonds made by the town of Edinburgh to the lord constable concerning that purpose. Likewise the constable has diverse decreets against the town of Edinburgh in the court of appeals discharging them from censuring of any matters of slaughter, blood or riot within four miles of his majesty's person, parliament or council.
Item, the lord constable has the charge, trust, keeping and guarding of the king's royal person and of the parliament house where the estates and peers of the land are convened in time of parliament, with many other privileges due to that place. But seeing there is no necessity to dispute any right or privilege due to that office at this time, the same being well-known to the estates of parliament, the constable abstains and desires not to be drawn to any unnecessary dispute relating to this, but in all humility represents to the parliament that, seeing the lord constable is one of the prime officers of the crown, the maintaining and vindicating of his power and privileges does very closely concern the honour of the nation and the estates of the kingdom as being a place of such trust and eminency, wherein the constable, being a servant to his majesty and the parliament, they are obliged to protect and maintain the privileges of that service. And seeing the town of Edinburgh confesses in their own bill that they have nor pretend no interest in the matter now contravened concerning Master Thomas Lamb, in respect it is granted by the town of Edinburgh in their own bill that the fact was committed without their bounds and liberties, it is humbly desired that the lord constable may have warrant to proceed to the trial and punishing of that slaughter committed by the said Master Thomas as the only competent judge thereto, seeing it is incontrovertible that the power of all magistrates, either of royalty or regality in criminal causes, passes and yields to the lord constable's jurisdiction in time of parliament. And it were a great derogation to the honour of the king's majesty and parliament if any inferior judge should have the power of examining and jurisdiction in matters criminal, where his majesty's person, parliament or supreme council sit, because these supreme judicatories represent his majesty's own person and the body of the kingdom over whom no inferior judge should have power of jurisdiction. Neither should the town of Edinburgh be admitted to appear or have either any declaration or protestation in their favour, seeing in the particular now controverted they confess they have no interest as said is, in respect the town of Edinburgh grants that the slaughter was committed upon bounds which is without their jurisdiction and liberties.
5 August 1641
Produced by the Earl of Erroll and read in parliament and answered upon the supplication therewith exhibited.†
[A1641/7/32]*[print] [email] [cite] [preceding] [following]
Supplication of the synod of Galloway against Thomas MacKie, with a commission to [Alexander Stewart], earl of Galloway to apprehend Thomas MacKie†
The supplication of the synod of Galloway to [John Wemyss, earl of Wemyss], commissioner, his grace, and other members of this reverend assembly.
To your reverend and godly wisdoms humbly complains and shows we, the ministers and ruling elders, commissioners from the presbyteries of Galloway, that whereas there was a complaint made by the presbytery of Wigtown to the synodal assembly of Galloway held in October 1640 of the insolent and barbarous behaviour of Thomas MacKie, late clerk of Wigtown, a non-covenanter and infamous man, for falsehood and perjury, who was sentenced by the council to be banished the kingdom, showing that though the civil magistrate was unaware of him, yet it was incumbent to them to press the kirk discipline. And because they urged his repentance for his foresaid sin and wickedness, he scolded them with most odious and barbarous speeches and threatened to come to the presbytery and call them all false knaves to their faces, to cut their beards, to put a knife in some of them and to put a pair of bullets in them, although he should be taken to the cross and hanged for it, as himself confessed before the presbytery when the minister of the town accused him for it. Upon which complaint of the said presbytery, the synod concluded an act ordaining Master John MacLellan, their moderator, to be informed by the presbytery of Wigtown of the particular passages and manner of the said Thomas MacKie's insolent behaviour towards them; and upon their information, to supplicate the committee of estate for the repressing and correcting of the same. The execution of which act, though it was delayed upon hopes of the said Thomas, his amendment, yet at the next synod held in April last it was renewed again and ordained to be put in execution, the presbytery still finding him unwilling to make satisfaction and daily more and more disturbing them in meddling with the affairs of the kirk and secretly stirring up and informing scandalous persons to cross the discipline thereof; as also that he employed himself busily by his malicious calumnies in incensing some personages of great note and authority against the brethren of the ministry, to their great grief, contempt of their ministry and disturbance of their peace and comfort in the exercise of their calling. For repressing of which intolerable insolencies, the said Master John MacLellan, who was ordained to complain of him in name of the synod as said, with advice of the rest of the commissioners of Galloway and others of the ministry and ruling elders here present, can find no remedy so ready or so forcible as to supplicate this reverend assembly for their concurrence in recommending to the honourable estates of parliament the consideration of the said Thomas's behaviour to the presbytery. Therefore our humble supplication to your reverend and godly wisdoms is that you will supplicate the parliament for us that they would be pleased to take such a course with the said Thomas MacKie by order of law and their authority, that his barbarous insolencies may be repressed and the said presbytery of Wigtown secured in the peaceable exercise of their ministry and their calling vindicated from the contempt of such an infamous person who is under the sentence of banishment. And your wisdoms' answer we most humbly crave.
5 August 1641
This supplication being represented to the parliament by the commissioners from the assembly and read in their presence, they appoint the Earl of Galloway to apprehend the said Thomas MacKie and summon him before them between now and this day 15 days. And ordain a commission to be granted to the said earl or any others whom he shall appoint for this effect, to be subscribed by the president.
[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament†
[A1641/7/33]*[print] [email] [cite] [preceding] [following]
Supplication of Sir James Baillie
To the honourable members of the high court of parliament of this kingdom, humbly shows your lordships' humble servant Sir James Baillie of Lochend, knight baronet, son and heir to the late Sir Gideon Baillie of Lochend, knight baronet, my father, that where it is not unknown to the whole kingdom that my said late father being upon the public service in defence of the country and being at Dunglass upon 29 August 1640 in company and under the commandment of the late [Thomas Hamilton], earl of Haddington, colonel for East Lothian, in that lamentable accident of Dunglass the said late Sir Gideon Baillie was fatally wounded and hurt so that within few days thereafter he died of the said wounds. And seeing by an express act of that session of this present current parliament held in June 1640 it is declared that the benefit of the ward, marriage, non-entry and relief of all such persons as shall happen to be killed in the defence of the religion, laws and liberties of this kingdom during the time of the troubles thereof shall only pertain and be conveyed and given freely in favour of the heirs, widow and bairns of those who shall happen so to be killed in manner specified in the said act; likewise by diverse preceding acts of parliament and ancient laws of this kingdom it is ordained that the ward, marriage, relief and non-entry of those who shall be killed or die in the armies and hosts raised for defence of the country or be hurt to death or takes sickness in the army and dies in the said sickness, going thereto, remaining thereat or returning therefrom, or who gets death wounds in the army and of the said wounds thereafter dies, shall be conveyed freely in favour of their heirs, widow and bairns and that their heirs shall enter to their lands holding feu or any other way without doubling of their feu duty or payment of any other composition for their said entry. And likewise it is statute that their heirs and successors shall hold the benefit of their possessions, tacks and liferent rights for the space of five years next after the decease of their said predecessors. Which acts of parliament and every one of them are extended as well to vassals and possessors holding lands of the king's majesty as of any other superior and overlord, spiritual or temporal, as plainly does appear by the foresaid act in June 1640 and by the 41st, 42nd and 43rd acts of the 2nd parliament of King James VI. Item, by the 4th, 5th and 6th acts of the 3rd parliament of Queen Mary, as also by the 3rd and 4th acts of the 2nd parliament of King James V and by the 102nd act of the 7th parliament of King James IV and many other laudable acts introduced in favour of such as dies in the defence and service of the kingdom. And seeing my said late father died in the defence of his country in manner foresaid, therefore my humble petition is that it may be found and declared by act and decreet of parliament that the benefit and profit of my ward, marriage, relief and non-entry and failing of me by decease unmarried the ward, marriage, relief, non-entry of the next lawful heir or heirs succeeding to my said late father may and should be conveyed freely to us and that we may have free entry to our lands held ward, feu or any otherwise without payment of any double of the feu duty or other composition for the said entry. And that it may be declared that there is and shall be five full years and crops added to all liferent rights and tacks standing in my said late father's person, and which were shortened by reason of his decease in manner foresaid. And that I and the other children, heirs and widow of the said late Sir Gideon Baillie ought to enjoy and have the benefit of the said whole former acts of parliament and every one of them in respect he died in the public service as said is, and that a full and ample act of parliament may be extended hereupon.
5 August 1641
The estates of parliament, in respect of their certain knowledge of the verity of the written within supplication, find the desire thereof reasonable and order the gift to be passed freely, according to the act of parliament, and ordain the clerk to give out the duplicate hereof under his hand if need be.
[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament†