[1644/6/44]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
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, taking into their consideration the great prejudice and danger which may arise to the armies raised and to be raised for defence of religion, liberties and kingdom by reason of some who having gone or shall go out with the said armies have run away, or may hereafter run away from their companies and colours; for remedy whereof, it is statute and ordained that all those, both of horse and foot, who shall run away from their companies and colours without a pass shall be apprehended by the colonels and committees of war within each shire and division, captains of parishes or magistrates within burgh where they dwell, and others whom they shall appoint for that effect, wherever they can be found, and sent again with all diligence to their company and colours upon the public charge, which is to be advanced by the collectors of the excise and allowed in their accounts, there to be punished according to the articles of military discipline; or else that the committees of war and colonels within each shire and magistrates within burgh (if they think it expedient for the good of the armies and terrifying of others from running away in a similar manner) decimate the said fugitives, both horse and foot, being apprehended, and hang the tenth man of them and escheat their goods for the use of the public; and if there be but one or more of them within 10, to cause hang one of them albeit there be but one and cause send the rest of the said fugitives of horse and foot to the committee of the estates at Edinburgh upon the expense of the public as is aforesaid, to be sent back to their colours in manner as the committee shall think fit. And because the harbouring and maintaining of the said fugitives emboldens and encourages them to keep themselves still lurking and encourages others by their example to run away, therefore it is statute and ordained that whosoever shall keep, harbour or entertain the said fugitives of horse or foot, or shall have knowledge of their being within their bounds and shall not declare and deliver them to the said committee, colonels of shires, captains of parishes or magistrates within burgh with all possible diligence, then the said harbourers and concealers shall be reputed and esteemed as ill-affected and enemies to religion, their country and cause presently in hand, and shall be accordingly punished by the committee of estates or committees and colonels of war where they dwell or magistrates within burgh and shall be liable in the sum of 500 merks for every horseman and £100 for every footman they shall be found to have harboured in manner aforesaid, the one half whereof shall be employed for the use of the public, and the other half of the same shall pertain to whosoever persons that shall hand over the aforesaid persons, their harbourers and maintainers, and who shall qualify the aforesaid harbour and maintenance, to whom the said estates promise hereby to grant and convey and by this act grant and convey the present right of the same. And if the committees and colonels of war within each division or any person being thereupon, captains of parishes or magistrates within burgh shall be negligent in taking order with the aforesaid fugitives and runaways from their colours and with their harbourers and maintainers, or shall delay and be deficient in putting this act to execution after the form and tenor thereof, each persons of the said committees of war, colonels and captains of parishes or magistrates within burgh shall pay the sum of 500 merks for each failure on every occasion, the one half of which fine shall pertain to the public, and the other half thereof to the informers. And also it is statute and ordained that if it come to the knowledge of any person who has or shall happen hereafter to equip soldiers on horse or foot, that those equipped by them are disbanded and fled from their colours, those who put them out shall be obliged to search, seek and apprehend the said fugitives through their whole bounds and lands within whatsoever parish or burgh where those who put them out dwell, and shall either apprehend and present them to the committee and colonels of the shire, captains of parishes or magistrates within burgh that order may be taken with them according to the tenor of this present act, or else, if they be without their own proper lands, to require the heritor, bailie or officer who has charge of their affairs to produce the fugitives handed over by them to be within their bounds before the committee of the shire, or otherwise to assist those who put them out in searching and apprehending the said fugitives as they will be answerable within the bounds aforesaid. And if those who put them out and others shall be negligent to do their exact diligence in that particular matter, those who put them out shall be obliged to make up their number by putting out other men in their places sufficiently provided in arms and other necessaries upon their own expense, and the fugitives themselves to be searched, apprehended and punished as said is. And it is statute and ordained also that the captains of parishes who shall apprehend the said fugitives or magistrates within burgh shall produce the said fugitives before the committee of war within their bounds at the next meeting of the said committee under the pains to be punished and censured as harbourers, and it is ordained likewise that the magistrates of burghs within whose bounds the said fugitives shall be apprehended shall receive the said fugitives from the said committee to be kept by them in prison upon the charge of the public to be advanced out of the excise and with all diligence to be sent to the committee of estates at Edinburgh. Likewise it is statute and ordained that this present act shall be extended against all harbourers, fugitives, committees of war, colonels, captains and magistrates of burghs and others aforesaid for any reset or neglect of their duty respectively above-written in any time coming after the publication of this act, for runaways and fugitives who have run away in any time bygone from any of the armies levied formerly within this kingdom for this common cause as for those who shall be levied and run away in time coming. And ordain this present act to be printed and a copy thereof to be sent to every parish kirk and every committee of war and every burgh within each division within this kingdom, and that it be read at every parish kirk upon the first Sunday after the receipt hereof and thereafter fixed on the kirk door or wall to be read by every person, that none pretend ignorance. And further, least the fugitives that shall run away as said is might be suffered to lurk and escape unpunished, it is statute and ordained that no stranger shall be received within any parish or shire who shall not have a pass from some colonel or a testimonial from the minister and session from where they came, and who shall harbour any such person without pass or testimonial and shall not inform on them shall incur the punishment of harbourers of fugitives, and ordain the committee to be appointed by the estates to see the whole heads and articles of the act aforesaid put to full execution.
[1644/6/45]*[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, being careful that justice be administered to the lieges and that the administration thereof in the several inferior judicatories of this kingdom be not hindered nor prejudiced by this present parliament, therefore the said estates of parliament grant dispensation to all the judges principal and deputes of the whole inferior judicatories within this kingdom to sit for administration of justice in the several jurisdictions and judicatories respectively during the whole time of the sitting of this present high court of parliament and notwithstanding of the sitting of the said parliament and until 31 August next to come inclusive; and ordain public proclamation to be made hereof by sound of trumpet at the market cross of Edinburgh to the effect above-specified; and declare this present act and publication thereof aforesaid to be a sufficient warrant for the sitting of the aforesaid inferior judicatories during the space above-mentioned without any other dispensation to be sought or granted for that effect.
[1644/6/46]*[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 heard and considered the petition after-specified, whereof the tenor follows: My lords of parliament, to your lords humbly means and shows I, your lords' servant, Sir John Scott of Scotstarvit, knight etc., that where I have in the beginning of this last general assembly made my complaint to them bearing that I being moved in 1620 for the love and favour I did carry to St Leonard's College in St Andrews, where I and my late father were educated in philosophy, to mortify for the use of regent of humanity there books, lands and annualrent to the amount of 8,000 merks or thereby, which mortification took effect by establishing the late Mr Alexander Scott and after his death of Mr Robert Norie, present regent and professor of humanity there, and which principal and regents of St Leonard's College were in a contract passed between them and myself obliged that the said regent should enjoy and be capable of all liberties, privileges and dignities of the said university of St Andrews, and that in equal degree with themselves. In the which contract there was a clause irritant that if they fail in any point to me, then the mortified lands, books and annualrent should return back to me as if the same had never been conveyed nor mortified. And that notwithstanding whereof, at his majesty's last being in this kingdom, when he was pleased to bestow the priory of St Andrews upon that university for their better maintenance, the commissioners of the said university (whereof the principal of St Leonard's College was one) overlooked the said regent of humanity when giving up their old rents, whereby no portion was allotted to him of his majesty's benefaction, but he altogether by that means was secluded therefrom; and not only was this done to the said regent's prejudice, but likewise, upon the earnest suit of the general assembly held in 1641, there was then a commission procured from your lords for visitation of the said university to a number of persons, the most part whereof were educated in the Old College, who were appointed visitors of the said university, and upon that general clause contained in that commission (which was only granted for dividing the priory) giving them power to rectify the studies of the scholars and abuses there, they found that the said regent of humanity was an abuse, seeing he was founded in St Leonard's College and not in a neutral place, as their decreet herewith produced bears, so that I, finding myself greatly wronged and the intention of my mortification inverted, raised summons of declarator before the lords of council and session against the principal and regents of St Leonard's College and thereupon have obtained sentence and evicted from them the whole aforesaid rent, to the great prejudice of learning and ruin of the said college unless there is a remedy provided. Therefore I humbly beseeched them seriously to consider the premise, seeing I was yet unwilling to convert my said donation to any other pious use in any other university but to the said college of St Leonard's if the grounds of my mortification were duly observed for the good of the said college, and that my said mortification made in 1620 was ratified in a general act of parliament in 1621, and thereby the intention of the founders appointed was never to be altered, and that in the sixth act of his majesty's first parliament the inversion of pious donations is fully discharged, therefore I craved the judgment of the said general assembly anent the necessity and expediency of the said regent of humanity and his abode within the said college for advancement of learning and to be a seminary of youth for the church and state within this kingdom, and desired them to declare whether it was their intention in petitioning that commission from your lords for visitation of the said university and to rectify abuses in that particular matter was thereby to extirpate and expunge a regent of humanity or alter in any way the intention of the founder, and craved that they would be pleased to recommend the same to your lords to the end that an act might be made by you for re-establishing the said regent within the said college in his first integrity, and that he might have a proportional part of his majesty's benefaction, according to a particular granted by his majesty to the said regent under his highness's great seal; to which the said visitors agreed, but appointed him to be a public professor and to teach in the town of St Andrews, contrary to the tenor of my mortification, as my said supplication exhibited to them bears; which being at length upon 3 June discussed in the general assembly, and the said commission of parliament, with their two acts, being also read before them, they, by their sentence and interlocutor, have recalled the said acts of the visitors as contrary to the minds of the granters and of the founders. Therefore I humbly beseech your lords to take the premise into your consideration, ordaining the said act of general assembly to be ratified, and to give your lords explanation and addition anent the re-establishing of the said regent of humanity, according to his first foundation and contracts made relating thereto, and that he may have his proportional part of his majesty's benefaction, according to his said gift granted to him for that effect, and also that he be declared a member of the said university and capable of all dignities, privileges and emoluments in a similar manner as any other regent or member of the said university. Seeing this being granted, I am most willing to mortify all of new again, which may and will be an encouragement to others to do the same in time coming, and your lords' answer. As also, the said estates having likewise read and considered the defences given in to parliament by Mr James Wood for the Old College of St Andrews against the aforesaid desire of the said petition, with the answers made against for the petitioner, and likewise having heard the parties hereupon verbally relating thereto, and considered the contracts, acts and other writs produced by the said Sir John Scott, petitioner, the said estates ratify and approve the aforesaid act of the general assembly in the whole heads thereof, and re-establish the said regent of humanity according to his first foundation and contracts made relating thereto, and ordain him to have his proportional part of his majesty's benefaction according to his gift granted to him for that effect, and declare the said regent a member of the aforesaid university and capable of all dignities, privileges and emoluments in a similar manner as any other regent or member of the said university. And in respect of the premise, ordain the said Sir John Scott, supplicant, to mortify of new again the lands, monies and others given of before to the said place of humanity within St Leonard's College according to his former mortification thereof and his promise made in his bill relating thereto.
[1644/6/47]*[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 petition of John Kerr, servant to Colonel George Dodding, governor of Lancaster Castle, desiring warrant for transporting powder from this kingdom for the use of the king and parliament's forces in Lancashire, being recommended to the provost of Glasgow for this effect by the said Colonel George Dodding and his lieutenant, and offering bond and caution for the petitioner's fidelity, as the supplication and petition given in to the parliament concerning the matter more fully bears, find the aforesaid desire reasonable, the quantity of powder craved to be transported not exceeding 2,000 weight. And therefore the estates of parliament grant warrant and licence to the said John Kerr, petitioner, servant to the said Colonel George Dodding, to transport the aforesaid quantity of 2,000 weight of powder from this kingdom for the use of king and parliament's forces in Lancashire, as is craved by the said Colonel George Dodding's, master to the petitioner, recommendation of the petitioner to the provost of Glasgow for this effect, and ordain the said John Kerr, petitioner, at the receipt by him of the aforesaid 2,000 weight of powder to find caution for transporting thereof for the use above-mentioned under the pain of £300 sterling. But if the petitioner cannot get any sufficient cautioner to be bound for that sum of £300 sterling, the estates in that case appoint the pain for which the caution shall be found to be only the double of the price of the aforesaid 2,000 weight of powder, and the estates ordain the aforesaid caution to be taken and received by the provost and bailies of Glasgow in manner under the pains and to the effect above-written, for the which the estates declare this act shall be a sufficient warrant.
[1644/6/48]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, having heard and considered the supplication given in by the heritors and tenants of the sheriffdoms of Berwick, Roxburgh and bailiary of Lauderdale desiring satisfaction for the quarters furnished by them to the armies and payment for 2,000 bolls of victual ordained to be furnished by these shires to the said armies and for removal of the army, together with the report of the committee for the levies anent the said supplication and desire thereof, the said estates ordain the supplicants to give in the accounts subscribed by the officers according to the common orders, that thereupon course may be taken for payment of the said quarters, and ordain the aforesaid 2,000 bolls of victual to be paid presently, and declare that all diligence shall be done for removal of the army, according to the results and instructions written to [James Livingstone], earl of Callander relating thereto.
[1644/6/49]*[print] [email] [cite] [preceding] [following]
Forasmuch as Alexander [Livingstone], earl of Linlithgow, president of that committee appointed for trying the laird of Haddo, [George Gordon], laird of Gight, John Logie and some others mentioned in the commission granted to that effect, who are presently incarcerated within the tolbooth of Edinburgh, having reported to the estates of parliament that Haddo, by his oath given to the aforesaid committee, had declared that he had no monies to maintain himself, and that in respect thereof the said committee had modified the sum of £400 to be given to the use and maintenance of the laird of Haddo and his three servants, and £40 for the use and maintenance of the said John Logie; which sums of £440 the said committee ordained to be delivered to Thomas Gordon, agent, indweller in the Canongate, in name and for the use respectively aforesaid of the said laird of Haddo and John Logie. Which report being taken into consideration by the estates of parliament, they allow the aforesaid modification and ordain the aforesaid sum of £400 modified for the use aforesaid of the laird of Haddo, as also the £40 modified for the use of the said John Logie, to be paid and delivered by William Thomson to the said Thomas Gordon for their use and in their names upon his acquittance and discharge to be granted and subscribed by him upon the receipt thereof; and for this effect, the said estates by this act give warrant and command to the said William Thomson to pay and deliver the aforesaid sums of £440 to the said Thomas Gordon as said is, and ordain John Denholm, commissary for the northern expedition, to pay and refund back again the said sum of £440 to the said William Thomson.
[1644/6/50]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in and presented to the estates of parliament by the commissioners of the sheriffdom of Fife, for themselves and in name of the committee of that shire, whereof the tenor follows: Whereas the said committee of Fife, by their act of 9 April 1644, has ordained that there be presently bought and brought home with Robert White in Kirkcaldy, with whom they have agreed, 6,000 weight of powder at 100 merks each hundred weight; item, 500 pair of bandoliers of sealskin at 24 the pair; item, 1,000 swords minted at £4 the piece, and 8,000 weight of match at 3s the pound weight; as also ordained that the same be divided amongst the four presbyteries of the shire proportionally and that the committee of each presbytery give their bond to the said Robert White for payment to him of their proportional part thereof after his return home and delivery of the same in good and sufficient wear, the payment to be within 20 days thereafter, and ordain the commissioners of parishes of each presbytery to give bond and relief thereof to those of the committee of each one of the said presbyteries, and ordained the commissioners for parishes, with consent of the committee, to impose and lay on the said arms and ammunition upon the heritors and other responsible men in each parish as they think expedient where the defect of arms and ammunition is in the parishes and where they know the same to be for the most part, and ordain the said commissioners of parishes to have power from the committee of their presbyteries to exact the payment of the said arms and ammunition from those who are ordained to receive the same in each parish, and to impose such prices and penalties upon the refusers as the committee shall think expedient, as the said act purports. And now seeing the aforesaid arms and ammunition are brought home and ready to be delivered, it is our humble desire that letters of horning may be directed in our names as commissioners to this parliament for the said sheriffdom of Fife and in the name of the committee of the same shire charging the committee of each one of the four presbyteries of the aforesaid shire, namely: the committee of the presbytery of St Andrews; item, the committee of the presbytery of Cupar; item, the committee of the presbytery of Kirkcaldy and the committee of the presbytery of Dunfermline to receive the proportional parts of the aforesaid arms and ammunition and to give bond to the said Robert White for payment to him of the prices of their proportional parts thereof, and to charge the commissioner of each parish of every one of the said presbyteries to give bond and to relieve those of the committee of each presbytery. As also charging the said commissioners of parishes, with consent of the said committee, to impose the aforesaid arms and ammunition upon the heritors and others responsible in every parish as they think expedient where the defect of arms and ammunition is and where they know the same defect to be for the most part, and charging the several committees of the presbyteries to grant power to the commissioners of their parishes to exact payment of the said arms from those who are ordained to receive the same in each parish, with such penalties from the refusers as the said committees shall impose and think expedient under the pain of rebellion and putting of the persons so ordained to be charged to the horn, and that the charges may be directed upon such space and days as the parliament shall think expedient, and your lords' answer. Which supplication, with the aforesaid act above-mentioned and desire thereof aforesaid, being reported and read in audience of the said estates of parliament, and the same and the desire thereof aforesaid being considered by them, the said estates of parliament ordain letters and charges to be granted and directed to the effect before desired, according to the act of the convention of estates made anent the provision and relief respectively for furnishing of arms and ammunition, and according to the act above-mentioned of the said committee of the shire of Fife of the date 9 April 1644, and within the space and under the pains set down and prescribed by the aforesaid act of the convention of estates.
[1644/6/51]*[print] [email] [cite] [preceding] [following]
The which day the supplication underwritten, whereof the tenor follows: My lords and other commissioners of parliament, to your lords humbly means and shows we your servants, Thomas Nicolson, George Morrison, William Petrie, burgess of Aberdeen, and Mr John Chalmers, clerk depute of the said burgh, that where we are charged and cited to compear before the honourable court of parliament to answer to such particulars as are mentioned and set down in the letters raised relating thereto or as shall be laid to our charge, likewise, for obedience to the said citation, we have compeared and attended the said parliament continually since the down-sitting thereof and are willing to undergo such trial as your lords shall think expedient. Therefore we beseech your lords to delegate so many of your number as pleases your lords for trying and examining us upon the said particulars, seeing we are much damnified by our long stay here and neglect of our particular affairs and callings, as the supplication bears. Being read in audience of parliament and the desire thereof taken into consideration, the estates of parliament have remitted and remit the trial and examination of the aforesaid four persons, supplicants above-named, upon the said particulars for which they are cited to compear and answer before the parliament and mentioned and set down in the letters raised against them relating thereto, or shall be laid to their charge, or any of their charges, to the committee of estates to be sent north by the estates of parliament to be appointed for the northern business, which is appointed to sit down at Aberdeen, 11 July next to come; to the which committee the said estates remit the supplicants as said is and ordain the supplicants to answer there and to keep such times and diets as shall be appointed by the aforesaid committee to them.
[1644/6/52]*[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, give warrant to Robert Whitings, sheriff depute of Kincardine, to pass with all expedition to the committee of war of that shire and require and command them, in name of the estates of parliament, to send over with all possible haste these troops that are to be equipped for that shire, and to direct the commanders to use carefully all diligence possible for gathering together the whole troops and to bring them over in all haste, for the which this act shall be a warrant; and ordain the said Robert Keith† to return to the parliament on 22 June instant to give an account of his diligence.
[1644/6/53]*[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, give warrant to Mr Patrick Murray, younger, of Ochtertyre for the committee of Crieff within the sheriffdom of Perth; item, to Sir Thomas Stewart of Grandtully for the committee of Dunkeld within the sheriffdom of Perth; item, to William Oliphant, brother to Mr Ninian Oliphant of Culteuchar for the committee at Perth and William Stirling of Auchyle for the committee at Dumbarton within the sheriffdom of Perth, and to each one of the said four persons separately, to pass with all expedition and diligence to the several committees of war above-designed of the said sheriffdom of Perth and require and command them and every one of them, in name of the estates of parliament, to send over with all possible haste these troops that are to be equipped for that shire, and direct the commanders to use carefully all possible diligence for gathering together the whole troopers and to bring them over in all haste, for the which this act shall be a warrant; and ordain the said four persons above-named to return to the parliament on Thursday 20 June to give an account of their diligence.
[1644/6/54]*[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, give warrant to [Sir John] Aytoun of that ilk to pass with all expedition to the committees of war in Fife and require and command them, in name of the estates of parliament, to send over with all possible haste these troops that are to be equipped for that shire, and to direct the commanders carefully with all diligence possible for gathering together the whole troopers and to bring them over in all haste, for the which this act shall be a warrant; and ordain the said laird of Aytoun to return to the parliament on 18 June to give an account of his diligence.
[1644/6/55]*[print] [email] [cite] [preceding] [following]
The estates of parliament grant liberty to Constance Brown, spouse to Edward Morrison of Edingham, to have access to her said husband within the tolbooth of Edinburgh where he remains incarcerated, and there to speak with him in the audience and hearing of Archibald Sydserf, merchant burgess of Edinburgh, for the which this act shall be a warrant.