On the twelfth day of parliament
[1644/6/66]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
It being appointed in parliament by [Robert Balfour], lord [Balfour of] Burleigh, president for the time of the committee for borrowing of money, what course should be taken with those that are ordained by the committee to lend particular sums for the use of the public and are denounced to the horn for their disobedience, the estates of parliament ordain that the messengers who denounced these persons to the horn for their contempt shall make intimation to them that their names shall be publicly read in parliament and their goods escheated and their persons apprehended and incarcerated.
[1644/6/67]*[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, taking into their consideration that the commissioners for the common burdens of this kingdom by their act of 23 July 1642, upon a supplication given in to them by John, lord Sinclair, making mention of the great and vast expense to which he was driven by his employments in the public service in Orkney and Caithness in lifting a regiment there and lying with his regiment all the time of the troubles in the north parts, and in the meantime, his coalworks and salt-pans ruined and the colliers and salters dispersed through his absence, and that the said Lord Sinclair from the time he got orders for lifting his regiment until the time the same did march to Ireland (almost the space of two years) he was at great charge and expense, and that during the whole space he wanted his pay as colonel, did then ordain William Thomson to pay to the said Lord Sinclair the sum of 20,000 merks Scots money, as the said act of the committee for the common burdens of the date aforesaid purports; and herewith also the said estates of parliament considering that the aforesaid sum of 20,000 merks Scots money is not yet paid to the said John, lord Sinclair, therefore, and in respect of the aforesaid respects, causes and considerations contained in the said act of the committee for the common burdens, the said estates of parliament by this act give warrant and command to the said William Thomson, commissary depute, to pay and deliver to the said John, lord Sinclair the said sum of 20,000 merks Scots money out of the first and readiest of any public monies being in his hands, and that in part payment of the sums owing to him and contained in his former precepts, for the which this act shall be a sufficient warrant to the said William Thomson.
[1644/6/68]*[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 consideration the petition of Dame Christiane Scott, spouse to Colonel Sir Alexander Leslie of Auchintoul, knight, desiring a warrant and pass to herself and to John Hay, Christiane Leslie and Robert Martin, footman, her servants to go with the said Dame Christiane Scott to England to her husband for settling their necessary affairs in respect of the present troubles and unsafe travelling; the said estates of parliament by this act grant a warrant and pass to the said Dame Christiane Scott and her three servants above-named going in her company, that she and they may proceed safely to England to the said Colonel Alexander Leslie of Auchintoul, her husband, and the said estates of parliament discharge all persons whatsoever to trouble, molest, hinder or impede the said Dame Christiane Scott and her three servants above-named or any of them in their said voyage.
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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, considering that Sir James Ramsay has been formerly employed in the service of this kingdom as general major, and finding that his service may be useful at this time, do therefore nominate and make choice of the said Sir James Ramsay to be general major of horse, and give to him the said place with all liberties, privileges and immunities belonging thereto without prejudice of the commission and place due to General Major David Leslie, with the instructions from the estates of parliament to the said Sir James Ramsay, general major, namely: you shall upon the receipt hereof and of the commission herewith directed to you proceed toward [James Livingstone], earl of Callander, lord lieutenant general, to receive and observe his lord's orders.
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The estates, having considered the desire of George Pringle, son to James Pringle of Buckholm, his supplication desiring to be accepted to the covenant and to find caution for his good carriage and process to be discharged against him, grant protection and liberty to the said George Pringle to come in and be heard upon the desire of his supplication until 29 June instant.
[1644/6/71]*[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 the supplication of James, earl of Callander, lord lieutenant general, reported and read in audience of the parliament, desiring warrant to [Sir Adam Hepburn of] Humbie, commissary-general to the loan and tax, and Mr Alexander Foulis, his depute, to allow to William Graham of Hilton, collector depute for the said loan and tax within the sheriffdoms of Stirling and Clackmannan, in the first end of the said William's accounts, the sum of £801 6s 8d Scots money only now resting by the earl to him of the loan and tax of the earl's lands within the parishes of Falkirk, Muiravonside and Slamannanmure, the crop and year of God 1643; and this in respect of the earl's public employments in the public affairs that he cannot attend his own particular business here, and that the said William Graham is to make his accounts with the said collector general and his said depute for the aforesaid loan and tax, as the said supplication fully bears. The said estates, in satisfaction of the desire aforesaid of the earl of Callander, lord lieutenant general, his said supplication, by this act give warrant and command to the said Mr Alexander Foulis, collector depute of the said loan and tax, to pay to the said earl of Callander the sum of £801 6s 8d Scots money, to the effect the same sum may compensate the aforesaid sum of £801 6s 8d resting unpaid by the said earl of Callander of his loan and tax for his lands within the parishes above-mentioned for the said crop 1643, and in respect hereof ordain the said Mr Alexander Foulis, as collector depute aforesaid, to allow the same sum of £801 6s 8d Scots money to the said William Graham and to discharge the said William thereof in his accounts.
[1644/6/72]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to 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, by John, earl of Cassilis, lord Kennedy etc. whereof the tenor follows: Noble lords and other members of this present high court of parliament, to your lords humbly means and shows I, John, earl of Cassilis, lord Kennedy, one of your lords' number, that where I am duly, lawfully and heritably infeft and seised in all and sundry the lands of Dunduff, Balwherrie, Barbeth, Craigath, Werriscraigeoch and Craigaith, alias Milton, lying within the parish of Kirkton and sheriffdom of Wigtown, as my infeftment and sasine of the same at more length purport, which lands aforesaid lie contiguous to the lands of Clanery and Salcharies, Marshloch, Lochnaw and Soleburn, lying within the parish of Kirkton and Leswalt and the said sheriffdom of Wigtown pertaining heritably to Sir Patrick Agnew of Lochnaw, knight, sheriff principal of the said sheriffdom of Wigtown, and Andrew Agnew, fiar of Lochnaw, his son; and also I am heritably infeft and seised in all and whole the lands of Ballzet and Innermessan, alias Murstoun, and meadow thereof, lying within the parish of Inch and the said sheriffdom of Wigtown, as my infeftment and sasine of the same at more length bears, which lands aforesaid lie contiguous to the lands of Garthclarie and Archrocher lying within the parish of Inch and the said sheriffdom of Wigtown pertaining heritably to the said Sir Patrick and Andrew Agnew. By virtue of the which infeftments and sasines, I and my predecessors and authors have been in peaceable possession of the lands particularly above-mentioned contained in my said infeftments and sasines of the same past memory of man, never troubled nor molested by any person or persons, until lately that the said Sir Patrick and Andrew Agnew, pretending and alleging that they have good and undoubted rights to some parts and portions of my lands respectively aforesaid, as being alleged parts and pendicles of their own lands above-written, and intend to till, labour and manure the same, and to herd and pasture their cattle and goods thereupon, and thereby to appropriate the same to themselves and to seclude and bar me therefrom against all law, equity and reason, to my great hurt and damage unless your lords provide remedy thereto; and therefore it is necessary that the borders of my lands respectively aforesaid be tried, examined and cleared and a commission granted for that effect, according to the 42nd act of the 11th parliament of his majesty's dearest father, King James VI of worthy memory. And seeing the session is not sitting for the present by reason of the sitting of the parliament, and also in respect that the said Sir Patrick Agnew is sheriff principal of the said sheriffdom of Wigtown within which sheriffdom the lands respectively aforesaid lie, therefore it is necessary to me to have your lords' warrant granted in manner and to the effect underwritten. Therefore I beseech your lords that you will by this act give and grant a warrant to a messenger of arms or a sheriff in that part to summon, warn and charge the said Sir Patrick and Andrew Agnew to compear before the present parliament or (in case of the rising thereof) before the committee of parliament at Edinburgh upon the [...] day of [...] next to come, with continuation of days, to hear and see a commission granted to the sheriff of Ayr and his deputes or to the bailie of the regality of Glenluce and his deputes or to the stewart of the stewartry of Kirkcudbright and his deputes or any of them for examining, trying and clearing of the borders between my lands respectively aforesaid and the lands above-written pertaining to the said Sir Patrick and Andrew Agnew, according to the said act of parliament made relating thereto; with certification to them if they fail in compearance, your lords will grant and direct the said commission in manner and to the effect aforesaid, and ordain this act to be a sufficient warrant relating thereto, and your lords' answer, as the said supplication at more length bears. Which supplication being read, heard and considered by the committee appointed by the estates of parliament for receiving, hearing, revising and considering the bills and supplications given in to the parliament, and the same supplication, with the desire thereof aforesaid, being this day reported in audience of the parliament by William [Cunningham], earl of Glencairn, president of the committee for the bills, the said John, earl of Cassilis, being personally present for himself, and the said Andrew Agnew, fiar of Lochnaw, being also personally present for himself and in name and on behalf of the said Patrick Agnew, his father, and taking burden upon him for his said father, the said estates of parliament, with consent of the aforenamed persons personally present and taking burden as said is, grant full power and commission to James Ross of Balneil, bailie of the regality of Glenluce, and John Fullarton of Corsbie, or any one of them, with power to them or any one of them to choose their own clerk, to examine, try and clear the borders between the said earl of Cassilis' lands above-mentioned, and the other lands above-written pertaining to the said Sir Patrick and Andrew Agnew, so far as the same lands or borders thereof are controverted between the said parties or portions of the said earl of Cassilis' lands respectively above-specified to be parts or pertinents of their said lands above-mentioned in manner specified in the aforesaid supplication, according to the aforesaid 42nd act of the 11th parliament of King James VI made and set down anent the examining, trying and clearing of the boundaries and borders of lands; and with power to the said judges or any of them and their said clerk to examine witnesses for either party and to take all such other lawful and legal trial as may best serve for clearing of the boundaries and borders of the lands above-specified by writ, oath of party or other document to be given in and used by any of the said parties relating thereto; and after examination of the said witnesses and receiving of the other trial and probation aforesaid to be received and used for either party to the effect before rehearsed, with power to the said James Ross and John Fullarton, or any of them, to decide and determine anent the boundaries and borders of the aforesaid lands for clearing thereof between the said parties according to the examination, trial and probation to be taken and received by them or any of them for either party as said is; and for the better examination, trying and clearing of the said borders and the said parties' attendance and production of their probation for that effect, the said estates, with consent of the said parties personally present as said is, appoint the place of meeting to be upon the ground of the said lands or any part thereof and assign the first three Tuesdays and Wednesdays of the first three weeks of September next to come, which will be the 3rd, 4th, 17th, 18th, 11th and 12th of the same month of September, or such others as the judges or any of them shall appoint; at the which place and days, with consent aforesaid, ordain the judges or any of them to proceed albeit the parties or any of them be absent at the first diets contained in the act, and for the diets thereafter ordain the parties to be warned thereto personally or at their dwelling places; and also ordain the parties aforesaid to be present and attend to the effect before rehearsed with their witnesses, writs and other probation which either of the said parties have and will use for clearing of the aforesaid borders controverted amongst them anent their lands respectively above-written; and in the meantime ordain the said judges or either of them and their said clerk to grant and direct precepts to either party hereupon for summoning of witnesses to compear and be present at the place and days respectively above-written; and the said estates ordain the trial and probation relating thereto, with the decision and determination to follow thereupon, to be done, concluded and ended between now and 1 November next to come, and the parties personally present in manner respectively above-specified are warned hereof according to the act.
[1644/6/73]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to 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, by William [Forbes], master of Forbes, whereof the tenor follows: To the right honourable lords and others of the committee of the estates of parliament, to your lords humbly means and shows William, master of Forbes that where a great number of the rebels and enemies in the north, by order of the committee of estates at Aberdeen, being summoned to compear to answer for their notorious crimes and rebellion, and being for their non-compearance and contempt declared fugitives, and by an act then made by the said committee there were prices put on the heads of the most eminent persons and chief leaders in the said rebellion to be paid to the apprehenders of them, amongst whom Robert Irvine, laird of Lenturk, being one of the principal rebels, there was 3,000 merks ordained to be paid to that person who should apprehend him and present him, whom, with John Irvine of Hill of Beltie (also a great rebel) I have now apprehended and have kept them prisoners these 20 days past and more upon my own charges. My humble desire therefore is that I may be exonerated of the said captives and that your lords will be pleased to give order to whom I shall deliver them; as also to give order to the collector of the shire of Aberdeen to pay to me the said sum of 3,000 merks ordained by the act of the said committee to be paid for apprehending of the said laird of Lenturk, that I and others may be the better encouraged to go on hereafter in the service, for the which your lords' answer humbly I beseech, as the said supplication purports. Which supplication and desire thereof aforesaid being reported and read in audience of parliament, and the same, with the desire thereof, taken into consideration by the estates of parliament, the said estates ordain Robert Irvine of Lenturk and John Irvine in Hill of Beltie, captives above-designed, to be delivered by the said William, master of Forbes to the provost and bailies of Aberdeen, and to be received and kept by the said provost and bailies; and thereafter the said estates of parliament give by this act warrant and command to John Denholm, merchant burgess of Edinburgh, commissary depute in the north, to pay to the said William, master of Forbes the aforesaid sum of 3,000 merks Scots money for the cause above-written, for the which the said estates declare this act shall be a sufficient warrant.
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The estates of parliament, having heard and considered the petition of Captain Hugh Crawford of Cloberhill craving maintenance to the garrison of Berwick, by this act give precept and warrant to William Thomson, commissary depute, to make payment to the said Captain Hugh Crawford of Cloberhill of the sum of £300 sterling for the use and maintenance of the said garrison at Berwick, according to a former precept and ordinance of the convention of estates granted to the supplicant for payment of this sum, for the which this act shall be a sufficient warrant.
[1644/6/75]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by John Maxwell of Newlaw making mention that he is detained in ward within the tolbooth of Edinburgh at the instance of the commissioners of the common burdens of this kingdom and other collectors and receivers of the rents in name of the public for alleged non-payment to them of the rents of the abbacy of Dundrennan, albeit it be true that these three years bygone he has continuously attended the committee of estates, being most willing and ready to have made account, reckoning and payment of the rents of the said abbacy according to his intromission forthwith, if it had pleased your lords to nominate and appoint some of their number or others whom they thought fit to be auditors for that effect. And albeit the supplicant has long attended and been willing to do his duty, yet he is imprisoned upon a general charge to make account, which cannot procure real satisfaction, neither knows he how to disburden himself without a special charge which cannot be done without fitting of an account; in the meantime his lying in prison procures his ruin unless remedy be provided, and therefore desiring that the aforesaid commissioners and their collectors might be ordained to give in and produce their particular account and charge against the supplicant anent his intromission with the rents of the said abbacy before such auditors as shall be appointed for hearing thereof and of his exoneration; and if he should be clearly exonerated, that he may be liberated out of prison, and otherwise to be liable for any quantity for which he shall be found justly liable after account, as the supplication purports. Which supplication and desire thereof aforesaid being read and considered by the committee appointed by the estates of parliament for hearing and considering the bills and supplications given in to the parliament, and the said committee having called before them Robert Hepburn, clerk to the aforesaid commissioners for the common burdens, and others having charge relating thereto, and having recommended to the said Robert Hepburn the equity of the supplicant's desire and heard him relating thereto, the said committee found reasonable that the said John Maxwell of Newlaw, supplicant, should be put to liberty that he may clear and fit his said accounts, he acting himself in the books of common burdens to re-enter in ward within one month unless he clears and satisfies his accounts, and that this his liberation be without prejudice of the cautionary found by the supplicant when he receives his commission for intromission with the rents of the said abbacy of Dundrennan; to the which ordinance of the said committee, the said Robert Hepburn, being personally present, did not oppose but acquiesced and agreed thereto. Whereupon the said committee, by [William Cunningham], earl of Glencairn, president of that committee, made report of the whole premises above-mentioned in audience of the parliament, which being heard and considered by the estates of parliament, the said estates, in respect of the report of the said committee and consent aforesaid, decree and ordain the provost and bailies of Edinburgh to put the said John Maxwell of Newlaw, supplicant, to liberty out of their said tolbooth and ward where he remains incarcerated for the present, and that notwithstanding of any caption, arrestment or other warrant of incarceration against the said supplicant at the instance of the commissioners of the common burdens of this kingdom and other collectors and receivers, in name of the public, for the non-account and payment to them of the rents of the said abbacy of Dundrennan, to the effect the said John Maxwell, supplicant, may clear and fit his said accounts, the said John Maxwell always first acting himself in the books of the common burdens to re-enter in ward within one month unless he clear and satisfy his accounts; and for the better fitting and clearing of the same accounts, ordain the said Robert Hepburn to give in and deliver to the said John Maxwell a special charge that he may answer thereto and accordingly account, and the estates declare that this warrant for the said John Maxwell's liberation is and shall always be without prejudice of the cautionary found by him when he got his said commission for intromission, and ordain letters to be directed hereupon charging the said provost and bailies of Edinburgh to the effect above-mentioned within 24 hours next after the charge under the pain of rebellion.
[1644/6/76]*[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 consideration the petition and complaint given in to them by Mr George Sharp, minister at Fyvie, against George Gordon of Gight for the want of payment of 87 bolls of victual and £251 13s 4d money of his stipend due to be paid to him by the said George Gordon of Gight, together also with the complaints of sundry other ministers for want of payment of their stipends and for plundering of their goods by malignants and delinquents, the said estates ordain those ministers who have been plundered of their goods or wants payment of their stipends by malignants and delinquents to be refunded of their goods plundered and paid of their stipends out of the rents of those malignants and delinquents who shall be qualified to have plundered their goods or to be liable and indebted in payment of their stipends unprejudiced by any decreet of forfeiture or other censure against the said malignants and delinquents in favour of the public.
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Forasmuch as the estates of parliament, having heard and considered the report of the committee for the bills anent the supplication of James, viscount of Clandeboye, and William Muir of Glanderstone desiring the charges at the instance of the collector of the common burdens against the said William Muir for the sum of £4,000 Scots as the price of some arms got by them out of the public magazine to cease, and that the viscount of Clandeboye may have retention of that sum in part payment of a greater sum for quarters and victual advanced by him to the Scottish army in Ireland, as the supplication purports; the said estates remit the aforesaid supplication and desire thereof to the committee for the common burdens to be considered and discussed by them.