On the eighteenth day of parliament
[1644/6/104]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
The estates of parliament have agreed and agree that Colonel Robert Lumsden shall go presently and attend [James Livingstone], earl of Callander, lord lieutenant general, and shall supply the place and have the pay of a general major of foot until his commission be passed to that effect, with consent of the general, and ordain a letter to be drawn up from the estates in his favour to the lord lieutenant general relating thereto.
[1644/6/105]*[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 David Leslie, general major of the horse of the Scottish army in England, whereof the tenor follows: To the right honourable the estates of this present parliament, humbly shows David Leslie, general major of the horse of the Scottish army in England, that where the estates of this kingdom, by their act of convention of 28 July 1643, ordained me to stay here for the service of the country, and for want of the benefit of my service abroad modified to me the sum of 9,000 merks yearly for the space of three years and longer until the same should be discharged by the said estates, to be uplifted proportionally out of the shires and burghs, and to be paid by a collector to be appointed by them for that effect, and the first term's payment to begin at Candlemas [2 February] now passed without prejudice of the pay due to me for any employments of higher quality than a colonel of horse, as the said act bears, and albeit the said term of Candlemas be passed, yet I have received nothing as yet, and therefore my humble desire is that present order may be given for the said term's payment and a settled order taken for my payment in time coming, and your lords' answer, as the said supplication bears. Which supplication being upon 18 June last read in audience of the parliament, the same was then ordained to be taken into consideration by the several estates apart, and being accordingly done, and this day the same supplication, with the aforesaid act, read of new again in audience of the parliament and the same, with the desire thereof aforesaid, heard and considered by the estates of parliament, the said estates find the aforesaid desire reasonable and that the sum above-written is due to the supplicant over and above what is due to him for his employments in his ordinary place; as also that warrant be given for payment to him of the aforesaid bygone term and assurance for payment in time coming during the aforesaid three years above-written. And therefore the said estates give warrant and hereby command William Thomson, their commissary depute, to make payment to the said General Major David Leslie or any having his power and warrant of the aforesaid bygone term's payment of the sum above-mentioned and in time coming for the whole three years above-specified, the terms of payment being come and gone, for the which this act shall be a sufficient warrant.
[1644/6/106]*[print] [email] [cite] [preceding] [following]
Forasmuch as the precept and summons raised and executed against George, lord Banff, in the name and at the instance of Robert [Balfour], lord [Balfour of] Burleigh, president of the committee of estates appointed for the late northern expedition, being produced and read in audience of the parliament, and considered by the estates of parliament, the said estates find no necessity in summoning the said George, lord Banff of new in respect of the libel and citation produced, and that he has found caution and compeared personally, and find that the transmitting of the libel to the defender is sufficient and supplies any further citation, and therefore ordain the procurators of estate to transmit the said indictment and to deliver the duplicate thereof to the Lord Banff to compear and answer to what judge the estates shall appoint.
[1644/6/107]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by John Neilson of Barbady and Robert Maxwell of Connachtie, making mention that in the late troubles in the south, upon misinformation against the supplicants, they were apprehended and incarcerated in the tolbooth of Kirkcudbright by order of the committee there, thereafter in the tolbooth of Dumfries and are now in close prison in the tolbooth of Edinburgh this month bygone, no one having access to them, as if they had been the greatest traitors to God, king and country, whereof they are most innocent. Likewise, trial being taken of their actions and behaviour before the committee of Galloway and Dumfries and here before the committee from the parliament for regulating of processes and trying delinquents, they are found innocent of anything that can be laid to their charge, and therefore they desire to be put to liberty as free lieges and good subjects and to be repaired of their losses, as the supplication purports. Which supplication and desire thereof aforesaid, with the report of that committee appointed for regulating of processes and trial of delinquents who have found caution or are in prison, being heard and considered by the estates of parliament, the said estates ordain the said John Neilson and Robert Maxwell, supplicants, to be put to liberty out of the said tolbooth of Edinburgh, they enacting themselves to answer and to be liable for what shall be found against them any time bygone and for their good behaviour in time coming, according to which the said John Neilson and Robert Maxwell compeared personally and became acted and obliged themselves to the effect above-written, and therefore and in respect that by the aforesaid report there is nothing found, tried and proven against the said John Neilson and Robert Maxwell, the said estates decree and ordain the provost and bailies of Edinburgh to put the said John Neilson and Robert Maxwell to liberty out of their said tolbooth where they remain incarcerated, notwithstanding of their incarceration therein for the cause above-written, for the which this act shall be to the said provost and bailies of Edinburgh a sufficient warrant; and ordain letters to be directed hereupon if need be to the effect above-specified.
[1644/6/108]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordain the procurators of estate and hereby give warrant to them to draw up indictments against [...] Maxwell of Killylung, James Lindsay, son to Roger Lindsay of Mains, Edward Morrison of Edingham and John Maxwell, younger, of Milton, James Jardine and John Murray of Millbank, who are and remain presently incarcerated in the tolbooth of Edinburgh as enemies to the public.
[1644/6/109]*[print] [email] [cite] [preceding] [following]
The estates of parliament having heard and considered the supplication given in to them by Constance Brown, spouse to Edward Morrison of Edingham who remains incarcerated in the tolbooth of Edinburgh, desiring warrant to the keeper of the tolbooth and his servants to suffer the supplicant to have access to her husband at her pleasure and to grant a competent maintenance to her husband, herself, their children and family during the incarceration, with a warrant and protection that no person intromit with their goods until her husband be put to a trial and found guilty, as the supplication purports. The said estates remit the modification craved to the committee appointed for regulating the processes and trying of those in ward, whereof the said Edward Morrison is one, to be granted as the said committee shall think fit, and permit the supplicant to have present access to her husband, and hereby grant warrant to her for that effect.
[1644/6/110]*[print] [email] [cite] [preceding] [following]
The estates of parliament having heard and considered the report made in audience of the parliament by [William Hamilton], earl of Lanark, president of that committee appointed for regulating the processes and trying of those that are in prison or have found caution to answer to the parliament, bearing that the committee find no ground of indictment against Thomas Brown in Dumfries and David Wallace in Carlisle who presently remain incarcerated in the tolbooth of Edinburgh, the said estates ordain the said David Wallace to be put to liberty, he acting himself to answer and be liable for what shall be found against him any time bygone and for his good behaviour in time coming; as also ordain the said Thomas Brown likewise to be put to liberty without acting of himself. According to the first ordinance, compeared personally the said David Wallace and became acted and obliged himself to the effect before ordained, and therefore that in respect by the aforesaid report there is nothing found, tried nor proven against the said Thomas Brown or David Wallace, the said estates ordain the provost and bailies of Edinburgh to put the said Thomas Brown and David Wallace to liberty out of the said tolbooth of Edinburgh where they remain incarcerated, notwithstanding of their incarceration therein for the cause above-written, for the which this act shall be a sufficient warrant; and if need be ordain letters to be directed hereupon to the effect above-specified.
[1644/6/111]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordain John Brown of Mollance to be put to liberty out of the tolbooth of Edinburgh where he remains incarcerated, he acting himself and finding caution to compear before the parliament, convention or the committees to answer to such crimes as shall be laid to his charge under the pain of £2,000 Scots.
[1644/6/112]*[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 Harry Cunningham, portioner of Restalrig, against Mr William Cunningham of Brownhill, Mr William Stirling, writer in Edinburgh, William Crawford, taylor there, Thomas Gray, merchant there, Andrew Oswald, merchant burgess there, Bethia Aird, widow of the late Joseph Meller, advocate, Mr Robert MacGill, advocate, Richard Guthrie, writer in Edinburgh, Mr John Henderson, Hugh Baillie, Mr William Wallace, Mr John Govan, James Wright of Gladswood, Margaret Cunningham, lawful daughter to the said Harry and John MacDougall of Freuchie, her uncle, Marie Brown, spouse to the late Alexander Brown, merchant burgess of Edinburgh, Janet Brown, Allan Cathcart, servant to [John Maitland], lord Lauderdale, William Blair, messenger, John Slowan and Margaret MacLure, making mention that where the supplicant has been kept in ward within the tolbooth of Edinburgh these 15 weeks last by virtue of an alleged criminal caption raised at the instance of the said Mr William Cunningham for allegedly shooting of guns and hackbuts, and that the said Harry Cunningham is arrested within the said prison by the said Mr William Cunningham and others of the supplicant's creditors for particular sums of money, notwithstanding that the said Mr William has taken possession of the supplicant's whole lands, crops, goods, gear, house, furniture and plenishing which will exceed three times all that the supplicant is owing in the world, and therefore desiring the estates to take into consideration the supplicant's miserable estate, his creditors being in peaceable possession of all that he has, having nothing to live on but what he has taken on trust and that he cannot now get any more credit, and that the said estates would ordain the supplicant's creditors to pay what he has taken on for bygone maintenance and to modify a particular sum daily for his maintenance in time coming until he gets account and reckoning with them, or else that the estates would give order to the provost and bailies of Edinburgh to put the supplicant to liberty, as the said supplication purports. Which supplication being upon 14 June last read and considered by the committee of the estates for bills and supplications, that committee did then grant warrant to a macer or messenger of arms to warn the supplicant's creditors at whose instance he was incarcerated or arrested to compear and answer to the said supplication, which was accordingly done and reported to the said committee. And the said supplication, with the supplicant's desire aforesaid, being this day reported and read in plain parliament in audience of the said estates of parliament, and the said supplicant and his said creditors publicly called, compeared personally Mary Cunningham, spouse to the said Harry Cunningham, supplicant, who produced an assignation and dispensation granted and subscribed by her said husband in favour of his said creditors mentioned therein of his lands, goods and gear specified therein for payment to the creditors of their debts owing by him to them and contained in the same disposition and assignation, and in respect thereof desired that her said husband might be put to liberty. And also compeared personally the said Mr William Cunningham of Brownhill, and the other creditors being lawfully summoned were often called and compeared not, the said estates of parliament, having heard the parties compearing and considered the allegiances and answers hereupon proposed for and against the desire of the aforesaid supplication, they, in respect of the aforesaid assignation and disposition produced, ordain the said Harry Cunningham, supplicant, to be put to liberty out of the said tolbooth of Edinburgh notwithstanding of any captions, arrestments or other warrants of incarceration used against him at the instance of his said creditors above-named or any of them; as also notwithstanding of any caption, arrestment or other warrant of incarceration used against the supplicant at the instance of David Alexander and John Dennistoun, lawful bairns procreated between John Dennistoun, merchant burgess of Edinburgh, and Christiane MacCall, his spouse, and the said Christiane and John MacCall for his interest, with the consent of Sir Thomas Hope [of Craighall], his majesty's advocate, Sir John and Sir Thomas Hope, his sons, and David Jonkene, merchant burgess of Edinburgh, for non-payment of the sum of 3,000 merks principal, 300 merks of expenses and another 300 merks for two terms' back tack duty and £40 of penalty for each one of the two terms failing, and likewise for non-payment of another 3,000 merks principal, 320 merks for annualrent, whereof £300 of expenses and all bygone annualrents of the principal sum resting unpaid, resting owed and indebted by the supplicant in manner and for the causes contained in the said letters of caption or other warrants of arrestments, if there be any; to the which sums, rights thereof, caption and arrestment aforesaid, the said Mr William Cunningham is made assignee and has now the only right thereof, the said Harry Cunningham, supplicant, consigning his whole writs and evidents that he has in the clerk's hands upon his oath to be given by him relating thereto and making faith that he has done no fraudulent deeds in prejudice of his creditors. And also ratifying the said Mr William Cunningham's and authors' and assignors' comprisings and other rights made and granted to him and his authors and assignors of and concerning the supplicant's lands and estate, but declare that ratification shall not prejudice the supplicant's other creditors anent their debts and rights as by law. According to which the said Harry Cunningham, supplicant, gave in and produced upon oath his said writs and rights and evidents with an inventory thereof upon oath and made faith that he has done no fraudulent deeds in prejudice of his said creditors; as also produced a ratification subscribed by him in favour of the said Mr William Cunningham of his and his authors' comprisings and other rights aforesaid, without prejudice of his other creditors as above, in respect whereof the said estates of parliament ordain the provost and bailies of Edinburgh to set the said Harry Cunningham, supplicant, at liberty out of their tolbooth and ward where he remains incarcerated, and that notwithstanding of any caption, arrestment or other warrant for incarceration used against the supplicant at the instance of his said creditors above-named or any of them, or at the instance of the said David Alexander and John Dennistoun, Christiane MacCall, their mother, and John Dennistoun, their father for his interest, for the sums above-specified, whereof the right is assigned and established in the person of the said Mr William Cunningham who is compearing and accepting the supplicant's disposition and assignation above-specified produced in manner aforesaid; and ordain letters to be directed to the effect above-mentioned if need be upon a simple charge of 24 hours only.
[1644/6/113]*[print] [email] [cite] [preceding] [following]
The estates of parliament nominate [Archibald Campbell], marquis of Argyll, the earls [William Keith, earl] Marischal and [William Hamilton, earl of] Lanark for the noblemen, the lairds [Sir William Scott of] Harden, [James MacDowall of] Garthland and [Thomas Erskine of] Pittodrie [and Balhalgardy] for the barons, the commissioners [Thomas Bruce of Weltoun for] Stirling, [John Osborne for] Ayr and [John Auchterlony for] Arbroath for the burghs (or any three of them, one being of every estate) for examining and trying the earl of Hartfell, laird of Amisfield and provost of Dumfries.
[1644/6/114]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordain the Exchequer house door to be opened, and ordain [Sir Alexander Gibson of Durie], clerk register, and his deputes to cause call the rolls of exchequer according to use and custom and according to the act of parliament set down relating thereto.
[1644/6/115]*[print] [email] [cite] [preceding] [following]
It being represented to the estates of parliament by [William Hamilton], earl of Lanark, president of the committee for the processes, that the persons underwritten, namely: John Maxwell, elder, of Milton, John Glendinning of Parton, John Harris of Mabie, John Strurgeon of Cowcorse, William Anderson in Preston, John Maxwell of Drumcoltran, John and Robert Harris in Crookmore, Robert Maxwell in Dalbeattie, John Harris in Little Milton, Hugh Cowthreid in Lochrutton, Thomas Hutton of Arkland, Daniel Kirkpatrick in Milton, William Maxwell, son to Steilston, James Denholm in Glencairn, James Maxwell, natural son to Portrack, John Meller in Cavers, Richard Berrys in Auchinfranke, John Welsh in Foirsyde of Hill, Robert and John Maxwell, sons to Portrack, John MacBrair of Netherwood, James Hairstains, burgess of Dumfries, and Robert Rannie, son to Dalswinton, were cited to compear before the committee of estates for the south and did not compear, but decreet was passed against them declaring them enemies to religion, crown and country, the estates of parliament ordain warrant and commission to be directed and hereby granted warrant for apprehending the persons above-named. As also ordain letters of intercommuning to be directed against the said persons, and ordain heralds and pursuivants to pass to the market cross of Edinburgh and other places needful and to charge and inhibit all his majesty's subjects that none of them presume nor take upon hand to harbour, supply, intercommune, keep intelligence or correspondence with the persons above-named or any of them, nor to furnish them with meat, drink, house, shelter nor any other comfortable thing under the pain of treason. And also the estates grant the same against the persons in the north who were cited to compear before the committee of estates there and are in a similar case.