[1643/6/48]*[print] [email] [cite] [preceding] [following]
Forasmuch as [John Campbell, earl of Loudoun], lord chancellor, has represented to the convention of estates the present condition of the annuities and craved their advice touching his future carriage in the uplifting and disposing of the same, according to the commission granted to him under the great seal, and the same being remitted to the consideration of the several estates, they thought fit that a committee should be appointed for that effect, and therefore the estates nominate and appoint the earls [Charles Seton, earl of] Dunfermline, [John Maitland, earl of] Lauderdale, [John Lindsay, earl of] Lindsay, [John Elphinstone, lord] Balmerino, the lairds [Sir Robert Spottiswood of] Dunipace, [Sir Robert Grierson of] Lag, [Alexander Brodie of] Brodie and [George Dundas of] Dundas and the commissioners [Sir John Smith of Grotehill and James Dennistoun for] Edinburgh, [George Bell for] Linlithgow, [Patrick Leslie of Iden for] Aberdeen and [Mr Robert Barclay for] Irvine to consider the proposition aforesaid given in by the lord chancellor, and what shall be shown for instructing thereof, and to report what they shall think fit to their judgement to be further done concerning the same.
[1643/6/49]*[print] [email] [cite] [preceding] [following]
Forasmuch as George Jamieson, provost of Cupar, has hereby at the desire of the estates undertaken to furnish and transport with all convenient diligence (wind and weather serving) for the use of the Scottish army in Ireland the number of 3,000 bolls of good and decent oatmeal between now and 20 August at the farthest, and binds and obliges him, his heirs and executors to cause the same be delivered at Carrickfergus in Ireland to any person or persons who shall have public warrant to receive the same; and that by measuring three bolls of meal out of the shipload with the prick firlot of Leith, one to be taken towards the upmost part of the ship, the second towards the middle and the third toward the bottom of the ship, which three bolls being weighed, the total victual of that shipload to be received, weighed and delivered according to the weight thereof. Which victual aforesaid the estates obligate them to cause receive with all diligence at Carrickfergus within 15 days at the farthest after the arriving of the ships, with the same or any part thereof; and shall immediately after the receipt thereof pay the cost of hire to the skippers as the said George Jamieson or his factors shall direct, and which is to be allowed to the said George in part payment of the price of the said meal. Likewise the said estates oblige them to bear the hazard of piracy and shipwreck of the said meal and ship transporting the same, that in case (which God forbid) any ship or bark laden with the said meal or any part thereof shall happen to perish, be lost, be suppressed or taken with pirates or enemies, or driven ashore, whatever loss or damage the said George or skipper shall happen thereby to sustain in ship or goods (it being in their own default), the estates bind them to pay the same. As also bind them to pay to the said George, his heirs, executors or assignees the sum of 16 merks Scots for each boll of the said meal between the day and date hereof and the time of Candlemas [2 February] next to come, together with the sum of £618 ½ merks for a quarter's annualrent from Martinmas [11 November] next to Candlemas, and the ordinary annualrent thereof so long as the same or any part thereof shall remain unpaid after the said time of Candlemas. Signed thus, [John Campbell, earl of] Loudoun, chancellor. In presence of the convention. George Jamieson
[1643/6/50]*[print] [email] [cite] [preceding] [following]
A similar act made with Mr Robert Gordon and the estates for furnishing 900 bolls of oatmeal at 16 merks the boll, to be paid at Candlemas [2 February] with a quarter's annualrent. Signed thus, [John Campbell, earl of] Loudoun, chancellor. In presence of the convention. Robert Gordon
[1643/6/51]*[print] [email] [cite] [preceding] [following]
Forasmuch as Captain James Ross, master of the ship called [...], John Harper, master of the ship called [...], and James Lawrie, master of the ship called [...], are employed for carrying over to Ireland certain quantity of victual for the use of the Scottish army there, and whereas in case they may rencounter in this voyage with some of these Irish and Dunkirk frigates who have so much infested his majesty's good subjects of this kingdom, and will no question labour in a similar manner to pursue them, if they shall not be of sufficient strength and have warrant against them, therefore the estates of this kingdom presently convened give hereby warrant and commission to the said captains James Ross, John Harper and James Lawrie to furnish their said ships with men, victual, artillery great and small and all other necessaries the best they can, and to proceed with all convenient diligence to Knockfergus in Ireland with the said meal, and there deliver the same to such as shall have public warrant to receive it. And if in his going there or return again they shall be pursued or rencounter with any of the said Irish or Dunkirk frigates, with power to them to defend themselves, ships, companies and goods the best way they can; and for that effect, to follow and pursue them with all manner of hostility, and to apprehend, sink or destroy them and use them as professed enemies to his majesty; and such of their ships as they shall happen to apprehend, to make the same forthcoming to be disposed of as the estates shall think fit. This commission only to endure in their voyage to Ireland and return journey.
[1643/6/52]*[print] [email] [cite] [preceding] [following]
Forasmuch as the commissioners of the burghs of Glasgow, Ayr and Irvine have at the desire of the estates advanced the sum of 5,000 merks for equipping two ships in the west against the Irish and Dunkirk frigates and bearing of the cost between this kingdom and Ireland, and the estates finding it necessary that they be timeously relieved thereof, do therefore declare that they shall have allowance and assign to them so much of that part of the loan that is to be paid by the said burghs as will sufficiently relieve them thereof; and for that effect, ordain the magistrates of the aforesaid burghs to make payment of the aforesaid sum to the said commissioners for their relief of principal and annualrents out of the first part of the loan due by the said burghs.
[1643/6/53]*[print] [email] [cite] [preceding] [following]
Anent our sovereign lord's letters raised at the instance of Sir Thomas Hope of Craighall, his majesty's advocate for his majesty's interest, and Alexander Jaffray, bailie of Aberdeen, and John Jaffray, his brother, provost, bailies and council of Aberdeen for their interest, making mention that where the disaffection of Sir John Gordon of Haddo to the good of kirk and commonwealth this long time past is not unknown to the noblemen and commissioners of the estates presently convened, whereof the burgh of Aberdeen has found many grievous proofs and experiences, of which the particular following is not one of the least, namely: upon 20 May last Thomas Hay, servant to the said laird of Haddo, having cruelly wounded almost to the death Alexander Barnet, farmer in the said town, the said Alexander Jaffray, bailie for the time, out of the duty of his place, caused apprehend the said Thomas (but in a very discreet way) and kept him in custody in the Laigh Council House until he should find caution for observing his majesty's peace and answering to the wrong; and upon this caution, within four hours, set him free. And albeit the said bailie's courteous dealing in that particular matter deserved thankful acknowledgement from the said laird of Haddo, nevertheless, shortly thereafter, he, accompanied with a great number of his friends, followers and servants, came to the market cross of Aberdeen, to have found and affronted the bailie there, but missing him, he fell out in open railing, swearing with great oaths that he would go and take the bailie out of his own house and there take order with him, thereafter shot pistols and guns at the cross, and has ever since harboured a deep rancour and malice against the said bailie, with a resolution upon his best advantage to take his life. For which purpose, understanding that upon 1 July the said bailie and his said brother had been at the burial of Mr Patrick Gordon of Braco at the chapel of Garioch, the said laird, accompanied with John Gordon, James Shand, William Haliburton and another John Gordon, his servants, all armed with swords, guns and double pistols, awaited for the bailie's return from the burial in the town of Kintore. And when they perceived him riding by, the said laird and his accomplices aforesaid followed on horseback, and when he came near, he said to the bailie, 'Knave, how dare thou be so part as to put my man in ward'. And with these words, he gave him various strokes (as he was aware) over the head with a tree. Thereafter first cocked and fired a pistol, then another to his breast, which happily misgave; then took another pistol from one of his servants and shot the same at the bailie, but the providence of God diverted the bullet. And so having spent all his shot without his desired success, then the said laird and all his men drew their swords and cruelly pursued the bailie and his said brother of their lives, wounded the bailie on the head to the effusion of his blood and hazard of his life, and his brother on the left arm, which by appearance will be mutilated. And when as the said Andrew Birnie reproved the said laird for this base and foul attempt against a magistrate for discharge of his office, telling him that the estates were sitting and would take notice thereof, he proudly and disdainfully answered he cared not for the said estates: he hoped to see a change shortly and to be avenged upon all his enemies. And he has lately since sent various bad words to the said bailie, threatening that if he would not be content that the business was taken up at home, but would proceed before any judge whatsoever, that he should come and take the bailie out of his own house and use him in another way than he has yet done. And further he and the said John Shand, his servant, have vowed if the said laird be troubled for this matter, that the said bailie, nor none that belongs to him, shall be able to keep the summer markets. In respect of which, the said estates do clearly perceive an extraordinary contempt with a high hand done to authority in general, and to the magistrates of Aberdeen in particular, by the said laird of Haddo, the impunity whereof will not fail to animate him and others of his lawless disposition to go on in similar or worse affronts of justice to the breach of the peace of the country and contempt of the authority. And anent the charge given to the said Sir John Gordon, John Gordon, younger and elder, William Haliburton and John Shand, to have compeared presently before the said estates at a certain day bygone, to have submitted to their deserved punishment for the said proud attempts, under the pain of rebellion and putting them to the horn; with certification to them if they failed, letters should be directed simply to put them thereto, likewise at more length is contained in the said letters, executions and endorsements thereof. Which being called, and Patrick Leslie [of Iden], provost of Aberdeen, compearing presently for himself and in name of the bailies and council of Aberdeen, and the said Alexander Jaffray compearing personally for himself and John Jaffray, his brother, who was excused by a testimonial of his sickness; and the said defenders being often times called and not compearing, the reasons proposed by the pursuers, together with the depositions of certain persons produced by them, purged of partial counsel, sworn and admitted as witnesses in this matter, being read, heard and considered by the said estates, and they advised thereupon, the said estates find and declare that the said laird of Haddo carried himself in a most insolent and bragging way in the town of Aberdeen by shooting of pistols when his servant was committed for the wrong to be cleared, and that upon 1 July last the said laird of Haddo, John Gordon, younger, William Haliburton and John Shand pursued the said Alexander Jaffray, bailie, and John Jaffray, his brother, as they were coming from the burial above-mentioned; and the said laird of Haddo struck the bailie over the head with a tree and fired two pistols at him, which misgave, and shot the third, which missed, and then gave him a stroke on the head with a sword, to the effusion of his blood; and wounded the said John Jaffray on the arm with a drawn sword; and that thereby they have committed a great insolence and high offence against authority and of dangerous consequence. For which, ordain letters to be directed charging the said John Gordon of Haddo, John Gordon, younger, his servant, William Haliburton and John Shand to enter their persons in ward within the tolbooth of Edinburgh, there to remain upon their own expenses until order be taken with them for the said insolence by the said estates, within 15 days after the charge under the pain of rebellion; and if they fail, to denounce. And further the said estates fine the said John Gordon of Haddo in the sum of £10,000 to be paid to William Thomson, commissary of the army in Ireland, or John Jossie, his depute, for the use of the public, to be employed by order from the said estates. As also fine him in the sum of 5,000 merks to the said Alexander Jaffray, bailie, and his said brother; and ordain letters to be directed hereupon, if need be, in the appropriate form; and modify £20 to every witness being a horseman, and £10 to the footmen, to be paid by the producer, because the said complaint, being admitted to the pursuer's probation, and various persons being produced by him, received, sworn and admitted as witnesses in this matter, they have sufficiently verified and proven the said complaint in manner as is above found and declared, for which cause the estates have decided, ordained and modified as said is.
[1643/6/54]*[print] [email] [cite] [preceding] [following]
Forasmuch as anent the charge given by warrant of the estates to James, lord Ogilvy to have compeared personally before them this present day, provided to have found sufficient caution for keeping of the peace and behaving himself in a peaceable and quiet way, according to the laws of the kingdom, and to have heard and seen such order taken for the good and peace of the kingdom as the estates should think fit, under the pain of rebellion and of putting him to the horn, with certification to him if he failed, letters should be directed simply to put him thereto, likewise as at more length is contained in the said warrant, executions and modifications thereof. Which being called and the said James, lord Ogilvy not compearing, being often called, the estates ordain letters to be directed to denounce him his majesty's rebel and put him to the horn and to escheat etc.
[1643/6/55]*[print] [email] [cite] [preceding] [following]
Forasmuch as George, marquis of Huntly, being charged by warrant of the estates to have compeared personally before them this present day, provided to have found sufficient caution for keeping the peace of the kingdom, and to have heard and seen such course taken relating thereto as the estates should think fit, under the pain of rebellion and of putting him to the horn; with certification to him if he failed, letters should be directed simply to put him thereto. And the said marquis of Huntly being often called and not compearing personally according to the charge, the estates therefore have ordained letters to be directed to denounce him rebel and put him to the horn, and continue the outgiving thereof until 25 August, that if he compear between now and that day, he may be yet heard thereupon. And for shunning all pretexts of excuses for his non-appearance, the estates do hereby give to him their warrant and protection to be untroubled in his person for the space of 10 days before the said 25 August instant and for the space of 10 days after the same, discharging in the meantime all his majesty's judges, officers and ministers of his laws to burgh and land of all taking, apprehending, warding or arresting of the said marquis of Huntly by virtue of any hornings, captions or other warrant whatsoever, discharging them thereof and of their offices in that part during the space aforesaid.