Forasmuch as the estates of parliament, presently convened by virtue of the last act of the last parliament held by his majesty and three estates in 1641, having taken into their consideration the motion put forth in parliament by [John Campbell, earl of Loudoun], lord chancellor, anent the conveniency or non-conveniency of the sitting down or not sitting down of the session at any time in this summer session 1644, find that there can be no session at this time useful for the lieges, both in respect of the present sitting of the parliament whereof the rising is uncertain, so that the remaining time of the summer session not spent in the parliament will be short, and also in respect of the present posture of the kingdom through the troubles and commotions therein; and therefore and to the effect the whole lieges having any business in the session may be put in certainty and freed from unprofitable attendance or expectation of any session at this time, the said estates continue the down-sitting of the session until the 1 November next to come, and ordain an act to be made hereupon and public proclamation to be made hereof by sound of trumpet at the market cross of Edinburgh, continuing and superseding the down-sitting of the session until the said 1 November 1644.
[1644/6/35]*[print] [email] [cite] [preceding] [following]
Forasmuch as 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, being informed and understanding that there was a meeting of the committee from the estates appointed to have been kept at Aberdeen 20 June instant, to the which day and place there was sundry persons within the sheriffdoms of Aberdeen, Banff and Kincardine ordained and appointed to compear and be present before that committee at the said day and place, and now the estates considering that the aforesaid 20 June cannot be conveniently kept by the said committee from the estates in respect of the present sitting of the parliament and of the important business and matters concerning the good and peace of the kingdom which are to be handled in parliament, therefore, and to the effect that all those having interest and who are ordained to compear and be present the said 20 June instant at Aberdeen be not put to useless travel and pains to keep the said 20 June instant, the said estates continue and supersede the meeting of the aforesaid committee from the estates for the said sheriffdoms of Aberdeen, Banff and Kincardine until 11 July next to come, at the which day ordain the same meeting of the said committee to be kept at Aberdeen and ordain all those who are appointed to be present and have compeared 20 June instant to be present and keep and attend the aforesaid meeting of the said committee at Aberdeen 11 July next to come in the same manner and under the same pains as they were appointed to have kept the aforesaid 20 June instant; and ordain publication and intimation to be made hereof by open proclamation at the market crosses of Aberdeen, Banff and Kincardine, and the estates declare that the aforesaid continuation of the diet of meeting above-written is always without prejudice of the diligence to be done by [George Gordon], lord Gordon anent the deployment of the regiments for the said sheriffdoms above-written.
[1644/6/36]*[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 three estates in 1641, having taken into their consideration that the persons after-specified, namely: Sir John Gordon of Haddo, knight, George Gordon of Gight, John Dalgarno of Auchmunill, Captain John Logie, son to Mr Andrew Logie, sometime minister at Rayne, Roger Lindsay of Mains, John Sturgeon of Torrorie and William Maxwell of Mid Kelton are partly cited to appear before this present parliament, and partly taken and apprehended and now in prison within the tolbooth of Edinburgh for various and sundry, great and heinous crimes allegedly committed by them, and that it is expedient they be tried and examined of all manner of legal probation used against them, to the effect that they may be pronounced guilty or innocent of such crimes as are to be laid to their charge and accordingly censured or declared free after the trial to be led against them according to their demerits. And further, considering that for the better effectuating whereof it is necessary that a commission be granted to such of their own number as they shall think expedient and such others as they shall think fit to join with them for taking the said trial and considering the just deserts merited by the aforesaid persons, therefore they have given and granted and by this act give and grant full power, authority and commission to the particular persons after-specified, namely: Alexander [Livingstone], earl of Linlithgow, John [Wemyss], earl of Wemyss, Alexander [Elphinstone], lord Elphinstone, John [Hamilton], lord Bargany, Sir James Stewart [of Ardmaleish and Kirkton], sheriff of Bute, [Sir] Andrew Agnew, apparent heir of Lochnaw, sheriff of Galloway, Mr George Dundas of Manor, [Sir] John Shaw of Greenock, Robert Meiklejohn, burgess of Edinburgh, Robert Arnott, burgess of Perth, Mr Robert Cunningham, burgess of Kinghorn and Allan Dunlop, burgess of Irvine, and to Sir John Hamilton of Orbiston, knight, justice clerk, Masters Alexander Colville of Blair and James Robertson [of Bedlay], his majesty's justice deputes (not as ordinary judges in the office of justiciary, but as commissioners delegated by the said estates of parliament with the other commissioners aforesaid), or to any quorum of the said number of the persons aforesaid being present for the time, which quorum shall consist of nine, whereof two being of each estate, and of the said justice clerk and justice deputes, to proceed in the aforesaid trial against the said persons and to receive grounds of an indictment against them and discuss the relevancy thereof and to receive all lawful probation, either upon their own depositions or upon the depositions of witnesses or other probation led or to be led against them, and accordingly with power to them to find and determine if the aforesaid persons are guilty or innocent according to their own depositions or the depositions of witnesses and other probation led or to be led against them as said is, without proceeding to the knowledge of an inquest or assize; with full power to the said commissioners, or such a number of them as is appointed to be a quorum in manner above-written, to carry out all sorts of legal probation by writ, witnesses or otherwise competent of the law, and to use repetition of all former probation already led and depositions of parties and witnesses already received for trial of the said crimes; and with power to call the said delinquents before them at such diets as they shall appoint to answer to the crimes particularly and respectively contained in the said indictment to be given in against them in the manner above-written, and, for that effect, if need be, to direct their precepts or summons for summoning of witnesses under the pain of horning for proving the said crimes against the said delinquents; and the said estates of parliament by this act discharge the said commissioners and their quorum aforesaid to pronounce any sentence of censure or punishment against the aforesaid persons, but ordain them to report between now and 19 June instant what they find against the aforesaid persons after trial to the said estates of parliament, who, by this act, have reserved the sole and only power of censuring and punishing of them in their own hand.
[1644/6/37]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, now presently convened by virtue of the last act of the last parliament held by his majesty and three estates in 1641, having taken into their consideration the desire of Robert, earl of Roxburghe craving a warrant and recommendation from them to [John Maitland], lord Maitland and other commissioners residing at the parliament of England, to proceed in the name of the parliament of Scotland with the parliament of England, or their commissioners for examinations or sequestrations, for warrant from the parliament of England or their commissioners aforesaid in favour of the earl of Roxburghe, that the plate and other goods pertaining to the said earl of Roxburghe and [Jean Drummond], his late lady, which are put in the hands of the said Lord Maitland may be delivered and disposed upon for the use of the said earl to any that shall have order and warrant from him for that effect. The said estates of parliament find the aforesaid desire just and reasonable, and ordain a warrant and letter of recommendation to be written and directed in name of the said estates to the said Lord Maitland and other commissioners aforesaid, in favour of the said earl of Roxburghe to the effect before desired, and ordain the same to be subscribed by John [Maitland], earl of Lauderdale, president of the parliament, in name of the whole estates thereof.
[1644/6/38]*[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, having heard and considered the relation produced in writing for Archibald, marquis of Argyll, which was publicly read in audience of the parliament, after that the same and instructions thereof were seen by the several estates in their several meetings apart and reproduced to the parliament, bearing a particular account of the said lord marquis of Argyll's procedure, diligence, carriage and whole deportment concerning the charge and commission put upon him by the convention of estates in April 1644 in the expedition to the north against [George Gordon], marquis of Huntly and his adherents, contained in the commission granted to the said marquis of Argyll relating thereto, as the paper produced containing the same particular account of the said marquis of Argyll's carriage and diligence in the aforesaid expedition at length bears; and having also compared the said Archibald, marquis of Argyll's whole actions, deportment, carriage and diligence in the execution of his charge and commission aforesaid granted to him by the said convention of estates with the same commission, find and declare that the said Archibald, marquis of Argyll, has in all fidelity exactly, carefully and diligently walked worthy of the trust and charge put upon him by the convention of estates and is answerable and conforms to the commission granted to him by the convention of estates as said is in all points. And therefore the said estates of parliament do unanimously approve the said marquis of Argyll's whole procedure, carriage and deportment in the aforesaid expedition and commission to the north put upon him by the convention of estates against the marquis of Huntly and his adherents as said is, and do not only grant full exoneration to him of his whole procedure and carriage by virtue of the said commission (which commission they find punctually observed by the said marquis of Argyll in all points, according to the tenor thereof and instructions granted to him relating thereto), but also for the further declaration of the estates of parliament's respect to the said marquis of Argyll and his vigilance in discharging his said commission and putting the same to a full execution, as is cleared by the report produced and instructions thereof, the said estates do add to the said marquis's true worth this general approbation: that he has deserved well of the public as a loyal subject to the king, a faithful servant to the estates and a true patriot to his country.
[1644/6/39]*[print] [email] [cite] [preceding] [following]
The estates, having considered the report made by the committee for the levy and present expedition anent the baggage horse of the earl of Lothian's regiment, find that every 12 men that shall be mustered of that regiment shall have £40 in satisfaction of their baggage horse.