[1644/1/116]*[print] [email] [cite] [preceding] [following]
The estates ordain the general of the artillery and his deputes to deliver out of the public magazine to [Archibald Campbell], marquis of Argyll, or any having his warrant, one petard†, 500 spades and shovels, 100 mattocks†, 50 axes, 200 lances, 5,000 weight of powder, 7,000 weight of match and [...] musket ball, for the which this act shall be their warrant.
[1644/1/117]*[print] [email] [cite] [preceding] [following]
The estates give warrant and command to [Archibald Campbell], marquis of Argyll to take such cannon as are at Montrose or any other place in the north and to make use of them for the public service as his lord shall think fit.
[1644/1/118]*[print] [email] [cite] [preceding] [following]
The convention of estates ordain and command Captain Jackson, master of the ship called [The Hopeful Adventure], now employed in the public service, to receive within his ship such ammunition and other materials as shall be directed to him by [Archibald Campbell], lord marquis of Argyll, and to receive and obey such orders as from time to time shall be directed to him from the said lord marquis or committee of estates.
[1644/1/119]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of this kingdom presently convened, taking into their consideration the prejudice and hindrance that formerly occurred in the levies of the forces to the last expedition into England through the base carriage of some servants who, being enrolled in one parish, did forthwith upon some forged pretences remove from their masters to some other parish and thereby retard the levies, to the great prejudice of the service; for preventing whereof in time coming, the estates ordain all hired servants of all sorts to serve their masters for the present upon the same conditions as they have done formerly, and not to remove nor leave their masters' service without obtaining their consent in writing, under the pain of £50; and that no man whatsoever harbour them in any part of the kingdom without their masters' consent, under the pain of £100 beside such further punishment both to the servant and harbourer of him as the committee of the shire shall think fit; and ordain this act to be printed and published at all the parish kirks and market crosses of the kingdom, through which none pretend ignorance of the same.
[1644/1/120]*[print] [email] [cite] [preceding] [following]
The convention of estates, considering how necessary it is for maintenance of these forces who are to go to the north for suppressing the rebellion there that there be a commissary appointed for attending the same, and knowing the affection and abilities of John Denholm, merchant burgess of Edinburgh, to discharge this service, therefore the said estates have nominated him to be commissary to the effect aforesaid, and to enjoy that place with all the fees and dues belonging thereto. With power to him to buy victual wherever he may have the same for maintenance of the said forces, and to give surety to the parties for the said victual, which shall be paid by monies to be sent to the said commissary or out of the excise or any other monies belonging to the public. As also that the said commissary buy the said victual upon his own credit, and the estates and their committees shall be obliged to relieve him thereof and to pay the same to him, the said commissary being always accountable for his service to [Sir Adam Hepburn of] Humbie, commissary-general for the army.
[1644/1/121]*[print] [email] [cite] [preceding] [following]
The estates ordain and command [...] Mitchelson, surgeon in Glasgow, to come out sufficiently provided with the forces that are now going to the south, and that he come along with the forces of Clydesdale, and course shall be taken that a competent allowance shall be granted to him.
[1644/1/122]*[print] [email] [cite] [preceding] [following]
The estates ordain and command Doctor Mayne in Glasgow to go along with the forces that are presently going to the borders as physician to these forces, and that he be ready to come out to the general rendezvous as he shall receive orders from [William Hamilton], earl of Lanark, and allowance shall be granted to him by the public.
[1644/1/123]*[print] [email] [cite] [preceding] [following]
Forasmuch as William, earl of Lanark, secretary, was lately summoned to appear before the committee of estates to have answered upon his refusal (at the least his postponing) to subscribe the Solemn League and Covenant, being written to by the lords of privy council at the diet assigned for that purpose and to have heard and seen the certification mentioned in the act of the committee of estates of 12 October last determined against him, namely: to be esteemed and punished as an enemy to religion, his majesty's honour and peace of the kingdom and his goods and rents to be confiscated for the use of the public, and that he should not enjoy any benefit, place nor office within the kingdom; and for his not appearance, the said certification was denounced against him, and according thereto, he was declared an enemy to religion, his majesty's honour and peace of the kingdom, and the benefit of the signet was arrested in the hands of Mr Harry Mauld, depute to the said earl of Lanark. And whereas now the said earl has this day sworn and subscribed the said covenant before the estates of this kingdom presently convened and before certain of the ministry directed to this purpose from the commissioners of the general assembly this day also sitting, with hearty expressions of his sincerity in this matter, very acceptable both to the kirk and state, therefore the estates of this kingdom presently convened as said is declare the said earl of Lanark to be free of the said letters of declaration and sentence there contained and of the said arrestment and what has followed or may follow thereupon, and the whole process led and carried out against him and the said Mr Harry Mauld or any others concerned herein to be null and of no force nor effect against them in time coming, but that the said earl is to be held in repute as a good patriot and covenanter, to enjoy his said place and office or what belongs or did formerly belong to him and by himself, his said depute and intromitters with his rents and estate to uplift and deal with the same, and with the benefit of his place and office and others aforesaid as freely in all respects as if no such procedure had been used against him. Likewise the said earl of Lanark was admitted to the convention, to have vote and place as freely as any other nobleman of the kingdom has.
[1644/1/124]*[print] [email] [cite] [preceding] [following]
At Edinburgh, 16 April 1644, anent the supplication presented to the convention of estates by John Slowan and Adam Mitchelson, merchant burgesses of Edinburgh, making mention that where they had loaded the ship pertaining to James Reddie, skipper in Burntisland, from Bordeaux in France with wine, and in her voyage coming for Scotland the said ship, with the cargo of wine therein, is taken at St Martins Island in the month of February last by Captain John Tisone of Dartmouth, who is employed and directed out by his majesty, and has taken the said ship and wine to Dartmouth, with the skipper and all his company; which cargo of wine extends to the sum of £18,124 Scots money as the price of 107 tons of wine spent by the supplicants at the first adventure at Bordeaux, over and above the value of the said ship and charges bestowed by the supplicants. And seeing the said ship, company and wine is taken by his majesty's warrant by reason of the common cause now in hand, the covenant and reformation, and that they have none to represent their hard condition and loss to but the said convention, to crave, as it is just and reasonable, that they may be paid and repaired of such wrong and damage out of the first and readiest of his majesty's customs and rents, humbly desiring therefore the said estates to have consideration of the supplicants' distressed estate and to give warrant that they may be repaired and paid of the sum above-written out of the first and readiest of his majesty's rents and customs, likewise as at more length is contained in the said supplication. Which being read, heard and considered by the said estates, and they being thereupon and with the recommendation of the said petition made to them by the committee of estates well advised, the said estates declare that his majesty's rents, customs and casualties are and shall be liable in payment to the supplicants of what shall be found they have lost by the taking of their ship and goods inside. Extracted from the books of the acts of convention by me.
[1644/1/125]*[print] [email] [cite] [preceding] [following]
The convention of estates taking into their consideration the open and avowed rebellion of [George Gordon], marquis of Huntly, the lairds [Sir John Gordon of] Haddo, [Sir Alexander Irvine of] Drum, Shethin, Tipperty and their accomplices to the subverting of religion and disturbing the peace of the kingdom, and finding it necessary that some forces of horse and foot be levied and sent out for suppressing of this rebellion, the actors and those that assist them there, and securing the peace of these bounds, and that some able and qualified person be chosen to command the same as chief and all other forces in the north during this expedition, and having sufficient proof of the fidelity, affection and abilities of Archibald, marquis of Argyll for that place, they have therefore, with the advice and consent of James [Livingstone], earl of Callander, chief commander of all the horse and foot that are or shall be raised within the kingdom (in manner expressed in the commission given to him by the estates of the date of this act), nominated and hereby nominate the said marquis to be chief commander of all the forces of horse and foot aforesaid; and for that effect, with power to him, with the advice of the committee of estates that is to go along with him, to draw together the whole fencible men in the north as they shall think fit for the service, and to pursue with fire and sword and in all other hostile manner the said rebels, those that assist them and such as will not concur against them, and all declared enemies to religion, his majesty's honour and peace of this kingdom and excommunicated persons, and to demolish and raze their houses, castles, towers and forts so far as he shall find expedient, and to do every other thing belonging to the said place which he is hereby to enjoy with all the privileges, prerogatives and dues belonging thereto, as fully and freely as any chief commander of forces may do, firm and stable holding and for to hold all and whatsoever things that shall be done by him in the execution of this commission, which is to endure until the same be recalled by the parliament, convention of estates or their committees, to whom he is to be answerable and liable accordingly as he shall receive orders.
[1644/1/126]*[print] [email] [cite] [preceding] [following]
Forasmuch as the convention of estates have thought fit that some forces be sent from this and other places of the kingdom for suppressing the rebellion of [George Gordon], marquis of Huntly and his adherents in the north and securing the peace of these bounds, and that some able and qualified person be chosen to have command of the horse to be employed in this expedition, and having sufficient proof of the fidelity and abilities of William, earl Marischal for that charge, they have therefore, with the consent of [James Livingstone], earl of Callander, commander in chief of the whole forces of horse and foot now raised or to be raised within this kingdom, according to the commission given to him, and also with the advice of [Archibald Campbell], marquis of Argyll, commander in chief of the forces to be employed in this expedition, nominated and appointed and hereby nominate and appoint the said Earl Marischal to be commander of all the horse to be employed in this expedition, with power to him to possess, enjoy and exercise the said place with all the fees, privileges and immunities belonging thereto, always without prejudice of the commission granted to the marquis of Argyll to be chief commander of the whole forces of horse and foot to be employed in this service. This commission is to endure until the same be recalled by the parliament, convention of estates or their committees and by the officers in chief above-mentioned, to whom he must be answerable for discharge of the trust committed to him.
[1644/1/127]*[print] [email] [cite] [preceding] [following]
Forasmuch as the convention of estates have thought fit that some forces be raised and employed for suppressing the rebellion of [George Gordon], marquis of Huntly and his accomplices in the north and for securing the peace of these bounds, and that some able and qualified person be chosen to have command of the foot in his expedition, and having sufficient proof of the abilities of the Lord Elcho for that charge, they do therefore, with the consent of James [Livingstone], earl of Callander, commander in chief of the whole forces of horse and foot now raised or to be raised within the kingdom, according to the commission given to him, and also with the advice of [Archibald Campbell], marquis of Argyll, commander in chief of the forces to be employed in this expedition, nominate and appoint and hereby nominate and appoint the said Lord Elcho to be commander of the whole foot that are to be employed in this service, with power to him to possess, enjoy and exercise the said place with all the privileges, prerogatives and dues belonging thereto, always without prejudice of the commission granted to the said marquis of Argyll to be chief commander of the whole forces of horse and foot in this expedition. This commission is to endure until it be recalled by the parliament, convention of estates or their committees and by the officers in chief above-mentioned, to whom he must be answerable for the discharge of this place committed to him.
[1644/1/128]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of this kingdom, considering the open and avowed rebellion of [George Gordon], marquis of Huntly, the lairds [Sir John Gordon of] Haddo, [Sir Alexander Irvine of] Drum, [George Gordon of] Gight and their accomplices against the peace and proceedings of this kirk and kingdom, have thought fit for suppressing of the same and securing the peace of the country that some forces be directed there; and finding it necessary that a committee be appointed to go along with these forces, to have the government of the affairs thereof and to give their best advice and assistance in what may contribute to the good and safety of the same, they do nominate and appoint the earls [James Stewart, earl of] Moray and Sinclair†, [Robert Arbuthnott], viscount of Arbuthnott and [James Crichton, viscount of] Frendraught, the lords [George Gordon, lord] Gordon, [Alexander Forbes, lord] Forbes, [Andrew Fraser, lord] Fraser, [John Carnegie, lord] Loure, the lairds [Patrick Maule of] Panmure, [Sir Robert Graham of] Morphie, [Rollock of] Duncrub, [Sir Alexander Erskine of] Dun, [Sir Robert Campbell of] Glenorchy, [Sir William Forbes of] Craigievar, [Patrick] Leslie [of Iden], [Arthur] Forbes [of Echt], [John] Grant [of Moyness], [Sir Robert Innes of] Innes, [John Barclay of] Johnston-Barclay, [Mr Robert Gordon of] Straloch, Sir James Scott of Rossie, Sir James Halkett [of Pitfirrane], Lieutenant Colonel Scott, Lieutenant Colonel Arnott, Lieutenant Colonel MacGill, Mr James Baird, Robert Burrell in Perth, Thomas Haliburton in Dundee, Mr William Moir of Aberdeen, John Auchterlony in Arbroath, Mr John Douglas [of Moriston] in Elgin, George Jamieson in Cupar and Andrew Gray of Montrose (besides all those who are members of the committee of estates and are hereby declared members of this committee as if their names were particularly inserted herein). With power to them, or any seven of the whole, to be a committee of the estates to go towards the north and to have the government of the affairs of the forces to be sent there, and to give their best advice and assistance in what may contribute to the good and safety of the same, and to make and set down such orders relating thereto as they shall think fit. As also to provide victual and other necessaries for the said forces, and for that effect to call before them all such persons as have shown themselves opposed or have not given obedience to the public orders of the kingdom, and to take such course for imposing of fines on them and uplifting the same and securing their persons as they shall think fit, without prejudice of any other course or further fines to be laid on them by the estates of parliament. As also to call before them all such persons as are able to lend or by their credit raise money for supply of the armies raised in this kingdom, and to ordain them to lend such sums as they shall think fit upon assurance of repayment from the public out of the arrears due to the armies in England and Ireland, out of the excise and out of the readiest of malignants' lands and rents according to the acts and practices of the convention of estates already in force in several places of the kingdom, and that they give their best assistance for the raising and gathering in of the loan and tax and excise in these bounds. As also with power to them to give orders for bringing out the forces of horse and foot appointed to be brought out of these northern shires and to see them punctually kept and done, and all other acts and ordinances of the estates or their committees put to due execution, and generally with power to them to do everything for suppressing the rebellion in the north, pursuing the actors there, those that assist them, those that harbour them and all other declared enemies to the kingdom, for securing the peace of these bounds in time coming, for providing of victual and monies for our armies and for doing every other thing they shall find contributes to the good of the service and advancement of the cause for which this kirk and kingdom are engaged as fully and freely as the convention of estates might do themselves, they being always accountable for their proceedings to the parliament, convention of estates and committee at Edinburgh; commanding hereby all officers, soldiers, committees of war and any other of his majesty's subjects, to burgh and land, of whatsoever degree and quality, to reverence, acknowledge and obey the said committee and their orders and to do nothing to hinder or prejudice thereof as they will be answerable. This committee is to endure until the return of the army from this expedition.
[1644/1/129]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates, taking into their consideration the practices of the enemies of this kingdom who have now invaded the same and in a hostile manner have entered and possessed themselves of the town of Dumfries and other places of the country, and have thought fit that some forces be raised within this kingdom for pursuing of our said enemies and securing the peace of the kingdom, and finding it most necessary that a committee be chosen to go along with these forces, they have therefore nominated and appointed [James Livingstone], earl of Callander, earls [William Cunningham, earl of] Glencairn, [John Kennedy, earl of] Cassilis, [James Murray, earl of] Annandale, [John Maitland, earl of] Lauderdale, [James Douglas, earl of] Queensberry, [James Home, earl of] Home, [William Hamilton, earl of] Lanark, [James Johnston, earl of] Hartfell, [Robert Gordon], viscount of Kenmure, lords [Hugh Montgomery, lord] Montgomery, [John Fleming, lord] Fleming, [Sir James Stewart, lord] Garlies, [John Sinclair, lord] Sinclair, [James Boyd, lord] Boyd, [John Hamilton, lord] Bargany, [Sir John Hamilton of Orbiston], justice clerk, Sir James Ramsay, Sir Frederick Hamilton, lairds [Sir John Crawford of] Kilbirnie, [Mr William Cochrane of] Cowdoun, Empsfield†, [Sir Mungo Campbell of] Lawers, [Sir Robert Grierson of] Lag, [Sir William Baillie of] Lamington, [Hugh Campbell of] Cessnock, [David] Crawford of Kerse, [Sir William Cunningham of] Caprington, [Sir Hugh Wallace of] Craigie, [Sir John Wauchope of] Niddrie-[Marischal], [Sir John Hamilton of] Biel, Sir David Murray [of Stanhope], Sir John Veitch [of Dawyck], [John MacCulloch of] Myreton, [James Ross of] Balneil, Sir William Scott [of Harden], Sir Thomas Kerr [of Cavers], sheriff of Teviotdale, [William Cunningham of] Craigends, Colvington†, [Sir James Dundas of] Arniston, [Sir William Home of] Ayton, [William Livingstone of] Westquarter, Sir James Lockhart [of Lee], William Elliott of Stobs, Mr George Douglas, Mr John Corsan, Thomas Ferguson, Gideon Jack, Robert Richardson, James Hamilton of Glasgow and Gilbert Richard of Bulskinen (beside all others who are members of the committee of estates and are hereby declared members of this committee). With power to them, or any seven of them, to attend the earl of Callander, chief commander of the forces now raised within the kingdom, and to go along in this present expedition and to have the care and government of the affairs of the army now to be lifted, and to give their best advice and assistance in what may contribute to the good of the same, and to make and set down such orders relating thereto as they shall think fit. As also to provide victual and other necessaries for the said forces, and for that end to call before them all such in these bounds as are declared enemies to religion, his majesty's honour and peace of these kingdoms for not subscribing the covenant or who have opposed the public proceedings of this kirk and kingdom, and to take such course for imposing of fines on them and uplifting the same and securing their persons as they shall think fit, without prejudice of any further course to be taken with them by the parliament, and generally with power to them to do every other thing for pursuing our enemies, securing the peace of the country as fully as the convention might do themselves, they being always accountable for their proceedings to the parliament, convention of estates and committee at Edinburgh. This commission is to endure until the return of the army from this expedition.
[1644/1/130]*[print] [email] [cite] [preceding] [following]
The estates nominate and appoint Robert, lord Burleigh to be president of the committee of estates that is to go to the north.
[1644/1/131]*[print] [email] [cite] [preceding] [following]
The estates nominate and appoint the earl of Lanark to be colonel of the sheriffdom of Lanark and of the forces that are now to be brought out of the same.
[1644/1/132]*[print] [email] [cite] [preceding] [following]
The estates adjoin the earls [John Lyon, earl of] Kinghorn and [William Hamilton, earl of] Lanark and [Sir John Hamilton of Orbiston], lord justice clerk, to the committee of estates, and ordain them to be sworn and received accordingly.
[1644/1/133]*[print] [email] [cite] [preceding] [following]
The estates nominate the earl of Glencairn to be colonel of the forces now to be brought out of Ayr and Renfrew.
[1644/1/134]*[print] [email] [cite] [preceding] [following]
The estates recommend to their committee to take some speedy course for uplifting the rents of non-covenanters.
[1644/1/135]*[print] [email] [cite] [preceding] [following]
The estates ratify and approve the proceedings of the committee of estates and renew the power granted to them and to the colonels and committees of war in the shires.
[1644/1/136]*[print] [email] [cite] [preceding] [following]
The estates adjoin Sir James Lockhart of Lee, Sir William Lockhart of Carstairs, James Lockhart of Dreghorn and Robert Hamilton of Torrance to the committee of war in the sheriffdom of Lanark and ordain them to be admitted and sworn accordingly.
[1644/1/137]*[print] [email] [cite] [preceding] [following]
The estates recommend to their committee to give answer to the instructions sent from the Scottish army in Ireland and to the petitions exhibited in favour of [Hugh Montgomery, viscount Montgomery of the Great] Ardes and the widow of Lieutenant Colonel Leslie, and declare that what the committee shall do in that particular matter shall have the force and authority of an act of the estates and shall be as obligatory on this kingdom as if the same was done by the estates.
[1644/1/138]*[print] [email] [cite] [preceding] [following]
The estates nominate and appoint Robert, viscount of Kenmure to be colonel of the stewartry of Kirkcudbright and that part of the sheriffdom of Wigtown which is not under [John Kennedy], earl of Cassilis' command, and recommend to his lord to go speedily about the discharge of this trust committed to him by the estates.
[1644/1/139]*[print] [email] [cite] [preceding] [following]
The estates declare that if it shall happen that the forces under the command of [James Livingstone], earl of Callander go into England and join with the army there, then and in that case during the joining of the armies the power of the committee that goes along with these forces shall cease.
[1644/1/140]*[print] [email] [cite] [preceding] [following]
The estates adjoin the Lord Gordon, Sir William Dick [of Braid] and Sir William Gray to the committee of estates, and Sir William Dick, being personally present, accepted the charge and gave his oath of fealty.
[1644/1/141]*[print] [email] [cite] [preceding] [following]
The estates recommend to their committee to answer the letter sent from the commissioners at London.
[1644/1/142]*[print] [email] [cite] [preceding] [following]
This day orders were directed to the whole shires on this side of the River Forth to proceed with their whole horse and the number of foot formerly laid on them and 20 days' provision to Douglas on Monday next.
[1644/1/143]*[print] [email] [cite] [preceding] [following]
The next meeting of the convention to be on 24 May.