10 August 1641

[Supplication of Captain John Forbes for maintenance during his imprisonment]

Supplication of Captain Forbes

My lords and others of the estates of parliament, to your lordships humbly means and shows I, your servant Captain John Forbes, that where by virtue of an order of the committee of estates here at Edinburgh purchased at the instance of James Liddell, burgess of Edinburgh, am cast in prison within the tolbooth of Edinburgh, where I have lain this half year bygone and to this time no course taken for examination of the true cause of my imprisonment, whereby it might be known whether I be guilty or innocent of those things laid to my charge, but am suffered to lie still here in misery, I every day expecting when I shall starve for hunger. And whereas the committee of estates gave order to Archibald Sydserf, commissary depute, for giving me of one shilling in the day until the time that matter should be put to a trial for my sustentation, their lordships, knowing that I had nothing of my own to live on, the said Archibald Sydserf will on no way give me anything, neither has he given me any this month bygone, through which I suffer more intolerably than if I suffered on the place of execution. Therefore I humbly supplicate your lordships to take consideration of my miserable estate and to give order for trial and examination of the cause of my imprisonment, whereby according to my guiltiness or innocency I may either be punished or set at liberty. And to such time that trial and examination be made relating thereto, I humbly supplicate your lordships to give order to Archibald Sydserf, commissary depute, for furnishing of me of my maintenance only according to that measure that he did formerly by the order of the committee of estates, whereby I may not starve here in prison.

10 August 1641

This is ended this day as it stands in the records.

  1. NAS, PA7/2/72. Back
  2. Top of the page is lost. Source for part of this opening sentence is APS. Back
  3. NAS, PA6/4, 'August 10 1641'. Back
  4. This clause is written on the rear of the document. Back
  5. Donald son of Red-haired Finlay. Back
  6. James son of Red-haired Donald. Back
  7. Red-haired John son of John son of George. Back
  8. Uncertain translation. Back
  9. ? Hard John son of John. Back
  10. Unknown meaning. Back
  11. Donald son of Alasdair. Back
  12. Unknown meaning, but 'sock' could possibly mean 'seoc', or 'jock'. Back
  13. Young Donald. Back
  14. Alasdair son of John son of Alasdair. Back
  15. Finlay son of Finlay son of Iain. Back
  16. Uncertain translation. Donald son of ? Roderick. The precise meaning of 'thoker' in the manuscript is unknown. It could mean 'thòcair', which translates into English as 'swelling' (i.e. fat); or 'tòchdair', which means 'smelly', or indeed 'pink-eyed'. Back
  17. Uncertain translation. Donald son of ?Brown John. Back
  18. Hector son of John son of Alasdair. Back
  19. William son of John son of Donald. Back
  20. John Munro [son] of the son of Murdo. Back
  21. Uncertain translation. John mac Donald son of ? Roderick. The precise meaning of 'thoker' in the manuscript is unknown. It could mean 'thòcair', which translates into English as 'swelling' (i.e. fat); or 'tòchdair', which means 'smelly', or indeed 'pink-eyed'. Back
  22. William son of red-haired John. Back
  23. Finlay son of William son of Gilmichael. Back
  24. Donald son of Donald the Shoemaker. Back
  25. Finlay the son of Donald the Shoemaker. Back
  26. Hugh son of Finlay son of Ranald. Back
  27. William son of Finlay son of Alasdair. Back
  28. Illegible. Back
  29. Illegible. Back
  30. NAS, PA6/4, 'August 10 1641'. Back
  31. A further four related papers can be found in PA6/4, one a duplicate of this acknowledgement. Back
  32. NAS, PA6/7, 'Appendix, August 10 1641', f.1r-1v. Back
  33. This clause is written on the rear of the document. Back
[Supplication of Elspeth Ross and Hugh Ross of Tollie against any remission to be granted to those accused of the murder of Donald Roy]

Supplication of Elspeth Ross

My lords and other estates of this present parliament now presently convened, to your lordship humbly means and shows Elspeth Ross, widow of the late Donald Roy, miller, servant to Hugh Ross of Tollie, Alexander Roy, miller, brother-german to the said late Donald, Walter, Finlay, Alexander, William, Isobel and Christian Roy, bairns of the said late Donald, all pupils and orphans, the eldest of us not exceeding 15 years, and the said Hugh Ross of Tollie, our master, for his interest. That where your lordship and estates of parliament now presently convened, being now sitting for repressing of all oppressions and injuries done in this kingdom and to see justice administrated relating thereto, and specially for purging the land of murder, slaughter and innocent blood committed therein, the assurance of your lordships proceeding therein has emboldened us to represent and show that upon 19 May last, Robert Munro of Obsdale, tutor of Foulis, Farquhar Munro of Teanord, William Munro, his eldest lawful son, Hugh Munro of Fyrish, David Munro, portioner of Keaturell, John Munro in Teanord, John Roy in Teanord, Robert Munro Hutchinson in Drummond, Patrick Brown there, Alexander MacRorie in Balconie, Robert MacRorie, his son, Master James Brown in Foulis, Archibald Munro there, James Gow there, Donald Gow, his son there, Neil MacIain, tailor there, Neil MacRorie there, William Gow, younger, there, Donald Balloch there, Alexander MacFarquhar there, William Rorie Balloch there, Donald MacThomas, wreik there, Thomas Thomson in Teanord, John Brebner there, George Munro, Hector's son, Robert and John Munro, sons lawful to Hugh Munro in Milton, Keatuall, Domhnall mac Fhionnlaigh Ruaidh in [...], Seumas mac Dhomhnaill Ruaidh in Culcairn, Master John Munro, portioner of Swordale, Iain Ruadh mac Iain mhic Sheòrais there, Iain Cruaidh mac Iain, saurie there, Domhnall mac Alasdair, Sock Adie in Strone, George Roy in Newtoune, Domhnall Òg there, Alasdair mac Iain mhic Alasdair there, Fionnlagh mac Fhionnlaigh mhic Iain, farmer in Keatuall, Kenneth MacKenzie of Assynt, Domhnall mac Ruairidh thòcair elder in Culcairn, Donald MacMiller in Drummond, William Miller in Keatuall, Domhnall mac Iain Donnaidh in Assynt, Eachann mac Iain mhic Alasdair there, Uilleam mac Iain mhic Dhomhnaill there, Ian Rothach [mac] mhic Mhurchaidh there, John Munro there, William MacKenzie of Milton, Donald MacAulay there, William MacAulay there, Donald MacAdie in Boath, William MacComie in Lealdie, Iain mac Dhomhnaill mhic Ruairidh thòcair, Alexander MacCra, domestic servant to the said Kenneth MacKenzie of Assynt, John Munro in Boath, John MacCra in Assynt, Uilleam mac Iain Ruaidh in Keanlochglass, Fionnlagh mac Uilleam mhic GilleMhìcheil in Balnacoul, Domhnall mac Dhomhnaill Ghreusaiche in Teannachcraige, Fionnlagh mac Dhomhnaill Ghreusaiche, his brother there, Andrew Munro in Balnacoul, Ùisdean mac Fhionnlaigh mhic Raghnaill in Achteannachan, Uilleam mac Fhionnlaigh mhic Alasdair in Auchnagaul, John MacTeir there, John MacDonald, weaver.

And others, their accomplices, came after sun setting to the number of [...] persons, equipped in hostile manner with hagbuts, guns, pistols, carabines, swords, shields, bows, quivers and other invasive weapons by all order of law or justice to the town and lands of Millcraig pertaining to me, the said Hugh Ross of Tollie, where the said late Donald Roy, miller, and others of mine, the said Hugh Ross, my servants, were in a most peaceable manner at my service for the time. And there most cruelly and unmercifully shot many and diverse shots of guns, hagbuts, pistols, carabines and arrows at the said late Donald Roy, miller, and wounded him in diverse parts of his body. And not being content therewith, struck at him with diverse naked swords until at last he fell down dead to the ground, and immediately thereafter he departed this mortal life. And because the ordinary course and redress of law for the said slaughter cannot be conveniently followed forth for the present until the country be in some better settling, and that the persons above-named, or some of them, may move and deal with his majesty for a remission or respite for a time for committing of the said slaughter, which we know is both against the acts of parliament and the estates' resolution at this time that no such remissions or respite shall be granted whereby the land may be under the crying sin of blood and slaughter, and the poor widow and her six infants and fatherless orphans wanting means, defrauded of the benefit of law competent to us, therefore we beseech your lordship and other estates of this present parliament to give and appoint such order and warrant as shall be thought most fitting that no remission nor respite for any space or time shall be passed or completed to any of the forenamed persons for the said slaughter until the law have course against them, or else we satisfied and giving our consent thereto. And if any such remission or respite shall be privately procured, that the estates would declare the same null. And that it shall be lawful to us to prosecute the law against them notwithstanding thereof. And your lordships' and estates' answer humbly we beseech.

10 August 1641

The estates of parliament ordain [Sir James Carmichael], treasurer depute, and lords of exchequer to pass no remission nor respite in favour of the parties above-written, until the supplicant be first [...], and ordain the duplicate hereof and supplication [...] under the clerk's hand to be given to the parties.

[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament

  1. NAS, PA7/2/72. Back
  2. Top of the page is lost. Source for part of this opening sentence is APS. Back
  3. NAS, PA6/4, 'August 10 1641'. Back
  4. This clause is written on the rear of the document. Back
  5. Donald son of Red-haired Finlay. Back
  6. James son of Red-haired Donald. Back
  7. Red-haired John son of John son of George. Back
  8. Uncertain translation. Back
  9. ? Hard John son of John. Back
  10. Unknown meaning. Back
  11. Donald son of Alasdair. Back
  12. Unknown meaning, but 'sock' could possibly mean 'seoc', or 'jock'. Back
  13. Young Donald. Back
  14. Alasdair son of John son of Alasdair. Back
  15. Finlay son of Finlay son of Iain. Back
  16. Uncertain translation. Donald son of ? Roderick. The precise meaning of 'thoker' in the manuscript is unknown. It could mean 'thòcair', which translates into English as 'swelling' (i.e. fat); or 'tòchdair', which means 'smelly', or indeed 'pink-eyed'. Back
  17. Uncertain translation. Donald son of ?Brown John. Back
  18. Hector son of John son of Alasdair. Back
  19. William son of John son of Donald. Back
  20. John Munro [son] of the son of Murdo. Back
  21. Uncertain translation. John mac Donald son of ? Roderick. The precise meaning of 'thoker' in the manuscript is unknown. It could mean 'thòcair', which translates into English as 'swelling' (i.e. fat); or 'tòchdair', which means 'smelly', or indeed 'pink-eyed'. Back
  22. William son of red-haired John. Back
  23. Finlay son of William son of Gilmichael. Back
  24. Donald son of Donald the Shoemaker. Back
  25. Finlay the son of Donald the Shoemaker. Back
  26. Hugh son of Finlay son of Ranald. Back
  27. William son of Finlay son of Alasdair. Back
  28. Illegible. Back
  29. Illegible. Back
  30. NAS, PA6/4, 'August 10 1641'. Back
  31. A further four related papers can be found in PA6/4, one a duplicate of this acknowledgement. Back
  32. NAS, PA6/7, 'Appendix, August 10 1641', f.1r-1v. Back
  33. This clause is written on the rear of the document. Back
[Acknowledgement and declaration by George Aitken of Underedge]

10 August 1641

I, George Aitken of Underedge, grant that I conveyed the whole close, yards, houses and works without exception or reservation of any house or part thereof, and that accordingly I put William Dick [of Braid] and his son, factor and servants in possession of the whole without reservation of any part thereof. And I acknowledge that I have done wrong in the intruding myself in the possession by the deed libelled and proven against me. And I consent that the parliament give warrant to the magistrates of Dunbar or any of them to re-enter William Dick, his sons, factors and servants to the peaceable possession, and oblige me that I shall never trouble nor molest the said William Dick nor his sons and Alexander Drummond, his factor, nor any others his servants in their possession foresaid, nor no otherwise in their persons nor means directly nor indirectly, otherwise than by order of law under the pain of perjury and defamation and payment of the sum of 10,000 merks and also forfeiture of all right and reversion of the whole lands, houses, yards, closes, works and others conveyed by me to the said William Dick and loss thereof for ever in favour of the said William Dick. In witness whereof, I have subscribed this declaration at Edinburgh the day above-written before these witnesses: David [Carnegie], earl of Southesk, William Rigg of Aithernie and Master Robert Barclay, provost of Irvine.

10 August 1641

The estates of parliament interpose their authority to the consent above-written, and according thereto appoints the magistrates of Dunbar to restore William Dick to his possession.

[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament

  1. NAS, PA7/2/72. Back
  2. Top of the page is lost. Source for part of this opening sentence is APS. Back
  3. NAS, PA6/4, 'August 10 1641'. Back
  4. This clause is written on the rear of the document. Back
  5. Donald son of Red-haired Finlay. Back
  6. James son of Red-haired Donald. Back
  7. Red-haired John son of John son of George. Back
  8. Uncertain translation. Back
  9. ? Hard John son of John. Back
  10. Unknown meaning. Back
  11. Donald son of Alasdair. Back
  12. Unknown meaning, but 'sock' could possibly mean 'seoc', or 'jock'. Back
  13. Young Donald. Back
  14. Alasdair son of John son of Alasdair. Back
  15. Finlay son of Finlay son of Iain. Back
  16. Uncertain translation. Donald son of ? Roderick. The precise meaning of 'thoker' in the manuscript is unknown. It could mean 'thòcair', which translates into English as 'swelling' (i.e. fat); or 'tòchdair', which means 'smelly', or indeed 'pink-eyed'. Back
  17. Uncertain translation. Donald son of ?Brown John. Back
  18. Hector son of John son of Alasdair. Back
  19. William son of John son of Donald. Back
  20. John Munro [son] of the son of Murdo. Back
  21. Uncertain translation. John mac Donald son of ? Roderick. The precise meaning of 'thoker' in the manuscript is unknown. It could mean 'thòcair', which translates into English as 'swelling' (i.e. fat); or 'tòchdair', which means 'smelly', or indeed 'pink-eyed'. Back
  22. William son of red-haired John. Back
  23. Finlay son of William son of Gilmichael. Back
  24. Donald son of Donald the Shoemaker. Back
  25. Finlay the son of Donald the Shoemaker. Back
  26. Hugh son of Finlay son of Ranald. Back
  27. William son of Finlay son of Alasdair. Back
  28. Illegible. Back
  29. Illegible. Back
  30. NAS, PA6/4, 'August 10 1641'. Back
  31. A further four related papers can be found in PA6/4, one a duplicate of this acknowledgement. Back
  32. NAS, PA6/7, 'Appendix, August 10 1641', f.1r-1v. Back
  33. This clause is written on the rear of the document. Back
[Letter from the commissioners at London to the parliament regarding the king's arrival and the payment of the brotherly assistance]

Letter from the commissioners at London to the parliament

To the right honourable the lords and other estates of the parliament of Scotland.

Our most honoured lords,

Seeing the king resolves without further delay to take his journey from hence towards Scotland on Monday next and to be at Edinburgh upon Friday 13 [August], we thought it incumbent to us with all possible haste to give you advertisement concerning the time of his coming, nor could we give warning sooner, the day of his parting from hence being dubious and not absolutely determined until yesterday. We have been pinched with shortness of time and the slow procedure of the English parliament to have these propositions and demands which were sent up by [John Campbell], lord Loudoun included in the treaty, but we have endeavoured to obey your instructions, and such articles as could not be presently determined are by this treaty referred to be taken into further consideration by commissioners to be chosen by both parliaments, so that, by God's assistance, our treaty is brought to a close, and there rests nothing but the writing, subscribing and enacting thereof. The king is to subscribe and consent to the enacting before his parting from hence, but it will take the space of two or three days to get it recorded and extracted, which will force some or all of us to stay until we bring it along with us. The whole arrears due to our army preceding 10 [August] are received and go from hence this day towards Newcastle by carts. The parliament has been very instant that the £80,000, which is payable before disbanding of the army, might be superseded until September and the army to disband presently, but the Lord Loudoun at his upcoming told that it was impossible to remove the army until that £80,000 were paid because there were so great sums very far above that proportion owing to the army, and upon the parliament's promise of payment, the officers and soldiers of the army were assured that they might expect the same before their removal, so that now the parliament is thought to be contented to make present payment of that £80,000 before the army remove, provided that the sums justly owing to the counties be allowed in part thereof, which they reckon to be £28,000 for Durham and Newcastle and £10,200 for Northumberland, which they retain in their own hand. And the counties to discharge [Master Alexander Gibson of Durie], commissary-general, and our army and take themselves to the parliament and wait on their times of payment. This sum which they aver to be due to the counties is a safe calculation, and as these who are entrusted with the accounts shall agree, which in equity cannot be denied to be allowed, they granting us discharges seeing we are obliged to pay them; and the parliament is content to pay £41,800 which is the remainder of the £80,000 before the removal of the army. We can say no more for the present, being in haste, but ever remain,

Your lordships most humble servants,

London, 6 August 1641

10 August 1641

Produced and read in audience of the parliament.

  1. NAS, PA7/2/72. Back
  2. Top of the page is lost. Source for part of this opening sentence is APS. Back
  3. NAS, PA6/4, 'August 10 1641'. Back
  4. This clause is written on the rear of the document. Back
  5. Donald son of Red-haired Finlay. Back
  6. James son of Red-haired Donald. Back
  7. Red-haired John son of John son of George. Back
  8. Uncertain translation. Back
  9. ? Hard John son of John. Back
  10. Unknown meaning. Back
  11. Donald son of Alasdair. Back
  12. Unknown meaning, but 'sock' could possibly mean 'seoc', or 'jock'. Back
  13. Young Donald. Back
  14. Alasdair son of John son of Alasdair. Back
  15. Finlay son of Finlay son of Iain. Back
  16. Uncertain translation. Donald son of ? Roderick. The precise meaning of 'thoker' in the manuscript is unknown. It could mean 'thòcair', which translates into English as 'swelling' (i.e. fat); or 'tòchdair', which means 'smelly', or indeed 'pink-eyed'. Back
  17. Uncertain translation. Donald son of ?Brown John. Back
  18. Hector son of John son of Alasdair. Back
  19. William son of John son of Donald. Back
  20. John Munro [son] of the son of Murdo. Back
  21. Uncertain translation. John mac Donald son of ? Roderick. The precise meaning of 'thoker' in the manuscript is unknown. It could mean 'thòcair', which translates into English as 'swelling' (i.e. fat); or 'tòchdair', which means 'smelly', or indeed 'pink-eyed'. Back
  22. William son of red-haired John. Back
  23. Finlay son of William son of Gilmichael. Back
  24. Donald son of Donald the Shoemaker. Back
  25. Finlay the son of Donald the Shoemaker. Back
  26. Hugh son of Finlay son of Ranald. Back
  27. William son of Finlay son of Alasdair. Back
  28. Illegible. Back
  29. Illegible. Back
  30. NAS, PA6/4, 'August 10 1641'. Back
  31. A further four related papers can be found in PA6/4, one a duplicate of this acknowledgement. Back
  32. NAS, PA6/7, 'Appendix, August 10 1641', f.1r-1v. Back
  33. This clause is written on the rear of the document. Back