On the sixth day of parliament
[1644/6/23]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
The estates of parliament, by virtue of the last act of the last parliament held by his majesty and three estates in 1641, considering that by orders from the convention of estates it was appointed that the whole several shires should put out in this expedition the just half of the number of horse and foot laid upon them to be put out in the former expedition, with 20 days' provision, under the pain of 400 merks for each horseman wanting and £100 for each footman wanting, to be paid by the heritors, liferenters and others indebted in payment thereof, and that the committee of each shire should be answerable thereof and send one of their own number to give an account thereof to the committee of estates at a certain day bygone. And accordingly, several orders being sent to the committee of war of each sheriffdom, notwithstanding whereof the committees aforesaid have altogether neglected to put out the just half of the number of horse and foot aforesaid or make report according to the said orders, and therefore the estates of parliament aforesaid ordain and command messengers of arms to pass and charge the whole committees of war of the said whole sheriffdoms and their clerks by open proclamation at their several market crosses of the head burghs of each shire to send two of their number, with their clerk and the records of their acts and orders, to compear before the said estates of parliament, if they be sitting, and failing thereof, before the committee of estates that shall be appointed for the time, upon the [...] day of [...], to answer upon their disobedience of the said orders, and to hear and see them decreed to make payment of £100 for each footman and 400 merks for each horseman not put out by them as said is, and to hear further course taken relating thereto as the said estates of parliament or their committees shall think fit, and that they compear under the pain of rebellion and the putting of them to the horn. With certification to them if they fail, letters shall be directed simply to put them thereto etc. and the said committees to have their relief off the heritors and others subject to payment.
[1644/6/24]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by virtue of the last act of the last parliament held by his majesty and the three estates in 1641, taking into their consideration the many threats of invasion abroad and internal plots of malignants within for subversion of religion and disturbance of the peace of the kingdom, have thought it necessary that this kingdom be put in a present posture of defence and forces levied for defending the country and pursuing the enemies. And finding it necessary that all officers of war be established for the good of this service, and perfectly knowing the worth and abilities of James, earl of Callander to exercise and discharge the place or charge of lieutenant general of all the Scottish forces who are in service or shall serve in this common cause in Scotland or England, either horse or foot and either by sea or land, therefore the said estates, with consent of [Alexander Leslie, earl of Leven], lord general, have nominated and elected, likewise by this act, with consent aforesaid, elect, nominate and choose the said earl of Callander to be lieutenant general of all the said Scottish forces who are in service or shall serve in this common cause in Scotland or England, either horse or foot and either by sea or land; with power to him to exercise and discharge the said place with all the honours, privileges, dignities and other benefits whatsoever pertaining and belonging thereto in such ample form and manner as any other lieutenant general ought and should do. For better performance whereof, the said estates do hereby promise to cause all faithful and dutiful obedience and assistance be given to him in execution of his said charge in what he shall do or command, according to the articles of military discipline already set down by the estates with advice of the said lord general; and in case of any damage or loss to be sustained or incurred by the said earl in his goods or fortunes, either by accepting of this charge or in the execution of the same, the said estates are and shall be hereby obliged to refund the same to him and his successors after due examination and trial thereof, and this commission is to endure until the same be recalled by the parliament, convention of estates or either of their committees respectively.
[1644/6/25]*[print] [email] [cite] [preceding] [following]
Forasmuch as the paper underwritten given in for the earl of Callander, lord lieutenant general, whereof the tenor follows: The earl of Callander accepts the commission to be lieutenant general under condition that no person whatsoever be interposed or have precedency in command between him and the lord general in the armies and forces levied or to be levied by the kingdom of Scotland in or without the same and employed in this common cause within Scotland or England. Being publicly read in audience of the estates of parliament, now presently convened by virtue of the last act of the last parliament held by his majesty and the three estates in 1641, the said estates of parliament agreed to the same as being truly expressed by the said earl of Callander the time of his acceptance of the post of lieutenant general, and ordain this act to be extracted and delivered to the said earl of Callander hereupon.
[1644/6/26]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened by virtue of the last act of the last parliament held by his majesty and the three estates in 1641, having considered the supplication given in by Thomas Nicolson, burgess of Aberdeen and the other persons specified, desiring judges delegate to be chosen to take precognition of the criminal process pursued by the widow and bairns of the late William Brown against the supplicants before the justice, and of the other criminal process pursued by the supplicants against Sir Alexander Gordon of Clunie and his associates also before the justice, and in the meantime to give warrant to the justice to continue the diet of the process against the supplicants until the judges delegate report the precognition to be taken by them relating thereto; the said estates continue the diets of both the aforesaid processes until 14 June instant, and in the meantime ordain the several estates to be advised in their several bodies with that part of the desire of the supplication anent the precognition thereby craved.
[1644/6/27]*[print] [email] [cite] [preceding] [following]
The estates nominate the earls [John Kennedy, earl of] Cassilis and [William Hamilton, earl of] Lanark, the lords [John Hay, lord] Yester, [Robert Balfour, lord Balfour of] Burleigh and [John Hamilton, lord] Bargany for the noblemen, [Sir John Hamilton of Orbiston], justice clerk, the lairds [Sir Patrick Hamilton of] Little Preston, [Sir Charles Erskine of Alva, Bandeath and] Cambuskenneth, [Sir John Aytoun of] Aytoun, [James MacDowall of] Garthland and [Sir Michael Balfour of] Denmilne for the barons, the commissioners [Thomas Haliburton for] Dundee, [James Bell for] Glasgow, [John Osborne for] Ayr, [Mr Robert Cunningham for] Kinghorn, Archibald Sydserf and Robert Fleming for the burghs, and appoint any seven of them to be a quorum, there being two of every estate, and [John Campbell, earl of Loudoun], lord chancellor, and [John Maitland, earl of Lauderdale], president of the parliament, to be supernumerary, to be upon the committee for borrowing of monies for the use of the public, to whom or quorum aforesaid the estates grant that same power and warrant in all respects and in the same manner as was granted to the committee of the convention of estates anent the borrowing of money for the use of the public; and also grant power to this committee or their quorum aforesaid to give order for uplifting and intromitting with the malignants' rents for the use of the public, and ordain the lord chancellor and the lord president to be supernumerary in the commission as said is.
[1644/6/28]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard the desire of George Gordon of Gight put forth by [William Hamilton], earl of Lanark, president of the committee for regulating processes, desiring liberty to write to his lady and that an apothecary might come in to the tolbooth to him for his advice and help; as also that Gight might be freed of the burden of the maintenance of his brother, who is likewise in prison, the said estates grant the aforesaid desire and permit Gight to write to his lady, the letter being always seen and allowed by the aforesaid committee; as also grant liberty to an apothecary to have access to the laird of Gight in the tolbooth to advise and help his health in respect of the weakness of his body, for the which this act shall be a sufficient warrant. And the supplicant condescends that Patrick Hepburn is the apothecary whom he designs, who the estates permit to have access as above.
[1644/6/29]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened by virtue of the last act of the last parliament held by his majesty and the three estates in 1641, having heard and considered the supplication given in by Sir William Scott of Harden and Sir Thomas Kerr of Cavers, which was publicly read in audience of the parliament, bearing a particular account of their carriage anent that which was recommended to them by the committee of estates in April last concerning the invasion then made by [James Graham], earl of Montrose and these other noblemen and other rebellious and unnatural Scotsmen of his faction upon the southern borders, for giving notice and convening together in a hostile manner [Francis Scott], earl of Buccleuch's friends, vassals, tenants and other well-affected gentlemen and others in the country for repelling and resisting of the said earl of Montrose and his said rebellious associates, as the said supplication at length purports; and having compeared, the said supplicants, their charge, actions and proceedings relating thereto, with the charge recommended to them by the committee of estates as said is, the said estates of parliament find and declare that the said Sir William Scott and Sir Thomas Kerr have in all fidelity carefully and diligently carried themselves in that which was recommended to them by the committee of estates, and ratify and approve their convening of the earl of Buccleuch's friends, vassals and tenants and of the whole other gentlemen and others of his majesty's lieges with their men, tenants and servants in a body furnished with all sort of arms for repelling the said earl of Montrose and his rebellious associates; and also allow their whole actions and proceedings in the said business as done for the honour and good of the country and of the good cause in hand. And for exoneration of the trust put upon them by the said committee of estates, likewise the estates find and declare that Sir William Scott and Sir Thomas Kerr's carriage relating thereto have deserved well of the public and they carried themselves as loyal subjects to the king, faithful servants to the estates and true patriots to the country; and therefore the said estates exonerate them of the aforesaid commission or recommendation aforesaid put upon them by the said committee of estates.
[1644/6/30]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened by virtue of the last act of the last parliament held by his majesty and the three estates in 1641, considering that the earl of Callander, lieutenant general, is with all diligence this afternoon to proceed to the army at Kelso, therefore these are to command and charge all commanders and officers whatsoever, both horse and foot, (except those who are members of parliament who are not to go but as they shall get orders with their whole regiments, companies and troops) under the pain of death to be at the rendezvous at Kelso at the times following, namely: the troops and horsemen tomorrow at 8 o'clock in the morning, and the foot tomorrow night, being 12 June, as they love the good of the common cause, peace and safety of the kingdom; and ordain the same to be intimated at the cross of Edinburgh presently by a lyon herald by sound of trumpet.
[1644/6/31]*[print] [email] [cite] [preceding] [following]
The estates nominate [Archibald Campbell], marquis of Argyll, the earls [William Keith, earl] Marischal, [John Erskine, earl of] Mar, [William Douglas, earl of] Morton, [William Cunningham, earl of] Glencairn, [John Drummond, earl of] Perth, [Charles Seton, earl of] Dunfermline, [Robert Ker, earl of] Roxburghe, [William Hamilton, earl of] Lanark, [James Livingstone, earl of] Callander, the lords [John Elphinstone, lord] Balmerino and [Robert Balfour, lord Balfour of] Burleigh for the noblemen, the lairds [Sir Alexander Falconer of] Halkerton, [Sir Archibald Johnston of] Wariston, [James MacDowall of] Garthland, [Sir Alexander Belsches of] Tofts, [Sir Thomas Nicolson of] Carnock, [Mr Francis Hay of] Balhousie, [Mr William Cochrane of] Cowdoun, [Sir Charles Erskine of Alva, Bandeath and] Cambuskenneth, [Sir Patrick Hamilton of] Little Preston, [Sir William Forbes of] Craigievar, [Sir John Shaw of] Greenock and [Sir Alexander Carnegie of] Pittarrow for the barons, Sir John Smith [of Grotehill], the commissioners [Robert Arnott for] Perth, [Thomas Haliburton for] Dundee, [Patrick Leslie of Iden for] Aberdeen, [George Bell for] Linlithgow, [John Lepar for] St Andrews, [James Bell for] Glasgow, [George Jamieson for] Cupar, [Robert Beattie for] Montrose, [John Johnston for] Dumfries, [John Semple of Stainflett for] Dumbarton and [Mr Alexander Douglas of Downies for] Banff for the burghs (or any 15 of them, there being four of every estate) to be a committee, to whom or their quorum the estates give power and warrant to consider upon the articles of the propositions of peace, and to report to the parliament.
[1644/6/32]*[print] [email] [cite] [preceding] [following]
The estates nominate [John Gordon], earl of Sutherland, the lords [John Hay, lord] Yester, [John Elphinstone, lord] Balmerino and [Robert Balfour, lord Balfour of] Burleigh for the noblemen, the lairds [Sir Alexander Carnegie of] Pittarrow, Sir David Murray [of Stanhope], [Thomas Erskine of] Pittodrie [and Balhalgardy] and [Sir Patrick Cockburn of] Clerkington for the barons, the commissioners [George Bell for] Linlithgow, [John Semple of Stainflett for] Dumbarton, [George Gardyne for] Burntisland and [William Simpson for] Dysart for the burghs (or any seven of them, there being two of every estate) to be a committee for considering and revising the commissions granted by the last parliament, and to report to the parliament.
[1644/6/33]*[print] [email] [cite] [preceding] [following]
The estates nominate [Archibald Campbell], marquis of Argyll, the earls [William Cunningham, earl of] Glencairn, [John Kennedy, earl of] Cassilis, [William Kerr, earl of] Lothian and [William Hamilton, earl of] Lanark, the lords [John Sinclair, lord] Sinclair and [Robert Balfour, lord Balfour of] Burleigh for the noblemen, the lairds [David Beaton of] Creich, [Sir John Shaw of] Greenock, [Sir William Forbes of] Craigievar, [Sir Robert Grierson of] Lag, [Mr William Cochrane of] Cowdoun, [Sir John Veitch of] Dawyck and [Sir Andrew Agnew of Lochnaw], sheriff of Galloway, for the barons, Sir John Smith [of Grotehill], the commissioners [James Bell for] Glasgow, [George Jamieson for] Cupar, [Robert Beattie for] Montrose, [Allan Dunlop for] Irvine and [George Gardyne for] Burntisland for the burghs (or any seven of them, there being two of every estate) as a committee to consider what may concern the army in Ireland.