At Edinburgh, 10 July 1644. Forasmuch as James Hamilton of Bogs and James Stewart, merchant burgess of Edinburgh, at the desire of 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, have undertaken and obliged themselves, their heirs, executors and successors, and by this contract undertake, bind and oblige themselves and their aforesaids jointly and separately to send over to Ireland for the use of the Scottish army there 10,000 bolls of decent oatmeal and to deliver the same at the ports of Carrickfergus and Portrush [...] as they shall receive order (before the ships and barks shall hoist sail from the Scottish coast) to such persons as shall have public warrant to receive the same, and that by measured three bolls of meal with the prick-measure of Linlithgow out of each ship's or bark's load in three several parts of the same ships or barks according to the order formerly observed. Likewise the said James Hamilton and James Stewart oblige themselves and their aforesaids jointly and separately as said is to have the one half of the said 10,000 bolls of meal shipped between now and 1 August next to come 1644, and the other half thereof between now and 31 August next to come. Therefore the said estates of parliament do hereby oblige themselves to cause receive the said victual out of the said ships at the ports aforesaid within 15 days after the arrival of the said ships or barks with the said victual or any parts or portions thereof at the aforesaid ports; as also to bear the hazard of piracy and shipwreck of the aforesaid meal and of the ships and barks transporting the same, the said James Hamilton and James Stewart paying the cost of hire and other costs and expenses. And also the said estates of parliament bind and oblige them to pay to the said James Hamilton and James Stewart, their heirs, executors or assignees the sum of 13 merks Scots for each boll of the said meal to be transported by sea and received at the ports above-specified for the use above-written, and to pay 40s Scots for the boll of the said victual to be transported by land, and this 40s to be for carriage, sacks and other expenses for carrying the said meal by land, which prices the said estates oblige them to pay to the said James Hamilton and James Stewart and their aforesaids at the said term of Martinmas [11 November] next to come 1644 aforesaid, together with the ordinary annualrent thereof proportionally thereafter so long as the same or any part thereof shall remain unpaid after the said term, and that out of the first and readiest monies that shall come from England for the said army in Ireland (excepting the £30,000 sterling presently payable to the said army) or out of the excise or out of what other monies shall be raised by any other way within the kingdom for the use of the public. And the estates declare this act to be a sufficient warrant to the commissioners of the army or treasurer of the excise for the aforesaid payment without any further precepts to be directed for that effect. And the said estates, with consent of the said James Hamilton and James Stewart, ordain this contract to be registered in the books of parliament, and that all execution be directed hereupon needful for fulfilling hereof in the appropriate form. Likewise [John Maitland, earl of Lauderdale], president of the parliament, in name of the estates of parliament and at their command, has subscribed this contract, which is also subscribed by the said James Hamilton and James Stewart for themselves and for fulfilling their parts hereof to which they are obliged in manner above-rehearsed. Signed thus, Lauderdale, in presence of the lords of parliament; Sir J. Hamilton; J. Stewart; John Dickson, witness; John Rollo, witness.
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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 James Hamilton of Bogs and James Stewart, merchant burgess of Edinburgh, desiring that the said estates of parliament would give present order that according to the supplicants' former acts made in their favour by the committee of estates, they may be paid of their just debt owing to them by the estates, being about £40,000 sterling or thereby, out of the loan and first and readiest of the monies that come from England for either of the two Scottish armies in England and Ireland, and that the said estates would interpose their authority to the said supplicants' acts of the committee of estates granted to them for their payment and surety of the sums specified therein, as the said supplication purports. Which supplication being read in audience of the parliament, the estates remitted the same into the consideration of their several bodies apart, which was accordingly done, and thereafter the same supplication being newly again read in plain parliament in audience of the whole estates, the said estates appointed a committee consisting of some few of every estate for considering the aforesaid supplication and thinking upon the fittest way for giving satisfaction to the supplicants, and this committee having accordingly considered the aforesaid supplication and desire thereof, and agreed their thoughts and resolutions relating thereto, they this day produced the same in writing, which was publicly read in audience of the parliament and whole estates thereof. And the same heard and considered by the said estates and they thereupon being well and ripely advised, the said estates allow and approve the precept granted to the supplicants of £5,000 sterling out of the £30,000 sterling come from England for the use of the Scottish army in Ireland, and ordain the said £5,000 sterling to be paid to the supplicants, according to the said precept in part payment of the sums justly owing to them by the estate. And also the said estates of parliament by this act grant warrant to Mr Herring and Mr Wal[...]†, treasurers of Goldsmiths Hall at London, for present payment to the said James Hamilton and James Stewart, or any having their order and warrant for their use, the sum of £10,000 sterling out of the first and readiest of the £30,000 sterling first payable to the Scottish army in Ireland by the parliament of England in part payment to the supplicants of their just debt aforesaid. And also the estates ratify and approve in favour of the supplicants aforesaid the former acts granted to them by the committee of estates for their said payment and further security of the sums specified therein, and ordain annualrent to be paid to them of the same sums since the times of payment thereof and in time coming during the non-payment of the same. And the said estates by this act give warrant and command to William Thomson, their commissary depute, or any other who shall have warrant from the estates to serve in his place, to pay and deliver to the said James Hamilton and James Stewart the sum of £1,000 sterling out of the first and readiest of the borrowed money that shall be borrowed for the use of the public from the said James Hamilton and James Stewart's own creditors at any time between now and Lammas [1 August] next 1644. And the said estates hereby expressly declare that these monies that shall be borrowed for the use of the public from the said supplicants said creditors at any time between now and Lammas next as said is shall be applied to no other use until the supplicants be paid of the aforesaid £1,000 sterling as said is, and ordain the same monies so to be borrowed from the supplicants' creditors to be allowed to their said creditors in payment of the sums owing by the supplicants to them, that the lender may discharge the said supplicants and accept public surety in place of their bond for as much, and declare this last £1,000 sterling to be in part payment of the new bargain of 10,000 bolls of meal to be sent by the supplicants to Ireland according to the contract passed between the estates and them of the date hereof.
Forasmuch as the estates of parliament, taking into their consideration the petition of James Hamilton of Bogs and James Stewart, merchant burgess of Edinburgh, desiring payment of the sum of £40,000 sterling or thereby owing to them by the estates for victual and other provision furnished by them to the Scottish army in Ireland, they find the desire just and reasonable and tied and bound in honour and [...] to see them satisfied of that which they have so willingly undertaken and performed. And therefore, and in respect the petitioners have presently undertaken to furnish anew 10,000 bolls of meal to the said army in Ireland, they ordain the petitioners to be paid of the sum of £10,000 sterling (of the sums justly owing to them) out of the first and readiest of the £30,000 sterling first payable to the Scottish army in Ireland by the parliament of England, and this £10,000 sterling to be in part payment to the petitioners of their just debt truly resting to them. And for the said James Hamilton and James Stewart's more ready payment and for their further encouragement to go on in furnishing the said army in Ireland, the said estates of parliament by this act grant precept and warrant to Mr Herring and Mr Warring, [...] treasurers of Goldsmiths Hall at London, upon sight hereof, to make present payment to the said James Hamilton and James Stewart, or any having their power, order and warrant for their use, of the said sum of £10,000 sterling out of the first and readiest of the aforesaid £30,000 sterling first payable to the Scottish army in Ireland by the parliament in England, for the which the estates declare that this act, with the said James Hamilton and James Stewart's (or any having their order and warrant) receipts of the said sum of £10,000 sterling, shall be a sufficient discharge and exoneration to the parliament of England for the same sum of £10,000 sterling and to all others to whom it is appropriate.
[1644/6/135]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by Robert Gordon, late provost of Ayr, desiring warrant and command to William Thomson, commissary depute, to make payment to him and John Ferguson, his partner, of the sum of £12,309 12s Scots money for the price of certain victual furnished by them to the army in Ireland, according to the contract passed between the estates of this kingdom and the said Robert Gordon of 4 August last. For payment of the which sum to the said Robert Gordon and his said partner, the convention of estates, by their act of 30 January 1644, gave warrant and command to the general collector of loan and his deputes to pay the aforesaid sum to the said Robert Gordon and John Ferguson, his partner. And also desiring warrant and command to the said William Thomson to pay to the said Robert Gordon and his partner aforesaid the sum of £493 for the annualrent of the aforesaid sum above-mentioned since the date above-written of the said act, extending in total to £12,802 12s, as the aforesaid supplication and act above-mentioned purport. Which supplication and act aforesaid, being read in audience of the parliament and the same, with the desire of the said supplication, heard and considered by the estates of parliament, the said estates by this act give warrant and command to the said William Thomson, commissary depute, to make payment to the said Robert Gordon and John Ferguson, his partner, of the aforesaid sum of £12,802 12s Scots money of principal and annualrent above-specified out of the first and readiest of the sums of monies that have or will come to his hands of borrowed monies or otherwise for the use of the public, Sir William Dick [of Braid], James Hamilton of Bogs, James Stewart, George Suttie, Laurence Henderson, John Kniblo, John George and Robert Lockhart, merchant burgess of Edinburgh, being first satisfied of the sums contained in the precepts and warrants granted by the said estates to them for payment of their sums respectively contained in the same precepts and warrants and according thereto, for the which this act shall be a sufficient warrant to the said William Thomson for payment of the said Robert Gordon and John Ferguson, his partner, of their said sum above-mentioned in manner above-written. And the estates declare that this act are and will be always without prejudice to the said Robert Gordon and his said partner of their said precept and act above-specified for payment of their sum contained therein by the collectors thereof, which precept and act shall in no way be prejudiced by their acceptance hereof.
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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 the present dangers of this kingdom, they think fit and ordain that there be a garrison of such a competent number as shall be thought fit by the parliament or their committee levied for defence of the castle of Stirling. And in regard [John Erskine], earl of Mar is heritable captain and keeper of the said castle, therefore the deputy commander of the said garrison shall be named and appointed by the said earl of Mar with approbation and consent of the parliament, convention of estates or their committees for the time being under his lord, for whom he and [John Erskine], lord Erskine, his son, shall be answerable. And the said earl and his son (and in their absence the said deputy commander) shall receive and obey such orders and instructions as shall be given from the parliament, convention of estates and their committees from time to time for commanding that garrison, the said deputy commander and garrison to be always maintained and the place provided upon the public charges, and in no way upon the rents, fees and [...]† belonging to the said castle of before or to the said earl of Mar by virtue of his office. And in respect the said garrison is only put there during the present necessity, it is declared that the same shall in no way prejudice the said earl and Lord Erskine's heritable right aforesaid nor no office belonging thereto or to their rents nor fees belonging thereto, nor that the park, meadows, garden, butts and gallow-hills, nor any other rents, duties or casualties belonging of before to the said offices shall in no way be collected by the said garrison nor deputy commander thereof, but are specially reserved to the said earl of Mar and Lord Erskine. And declare that the garrison shall be removed so soon as these present troubles and dangers shall end, and that by order from the parliament, convention of estates or their committees aforesaid. Likewise the said earl of Mar and Lord Erskine, being personally present, became acted for the maintenance and surety of the said castle of Stirling until the aforesaid garrison be condescended on and put in the same castle.
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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, taking into consideration the great privileges, liberties and immunities which the free royal burghs of this kingdom and their predecessors have granted to them by the dukes of Burgundy, earls of Flanders and kings of Spain within the Low Countries, whereof they have been in real possession until the lords of the committee of estates convened at Edinburgh, 22 October 1640 did depose Sir Patrick Drummond, their conservator, since which time no person has possessed nor exercised the said place, whereby the said liberties and immunities are likely to become in desuetude and the said free royal burghs likely to be deprived thereof. And considering the great prejudice that this kingdom and especially the estate of the said burghs sustains through the want of a conservator to discharge the place of conservator in the said Low Countries for maintenance of the aforesaid privileges and immunities granted to the said free royal burghs of this kingdom in the said Low Countries, and having proof and experience of the ability and fidelity of Thomas Cunningham, factor in Campvere, to discharge the said office and of the said Thomas's good deservings of his native country, therefore they nominate and authorise the said Thomas Cunningham to supply the said place and serve there as conservator for maintenance of the aforesaid privileges, immunities and liberties of the said place in all and by all things as any conservator before the date of this act has had, and that until he be discharged and further order taken relating thereto. And the said estates recommend earnestly to the royal burghs at their next convention to grant to the said Thomas all fees and casualties both for bygone arrears and in time coming due to the said place since the deposition aforesaid.
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Anent the supplication given in to the estates of parliament by George Suttie, John Kniblo, Laurence Henderson, John George and Robert Lockhart, merchant burgess of Edinburgh, desiring that the said estates would give warrant for their present payment of the sum of £24,933 7s 8d Scots money yet resting unpaid to them of the sum of £27,918 18s 8d money of principal sum furnished and advanced by them and the late John Fleming (to whom the said Robert Lockhart is executor) to some factors in Holland for the use of the public, extending each one of their parts of the said principal sum yet resting unpaid to them as follows, namely: the said George Suttie the sum of £5,760 1s; the said John Kniblo the sum of £4,320; the said Laurence Henderson the sum of £3,333 6s 8d; the said John George the sum of £4,320; and the said Robert Lockhart the sum of £7,200; as also for payment of the annualrent of the same principal sum since Martinmas [11 November] 1642, whereupon the said supplicants got acts of the committee of estates for payment of each one of their proportional parts contained of the aforesaid principal sum and annualrents thereof, according to the said acts granted to them and each one of them relating thereto, as the aforesaid supplication purports. Which supplication being read in audience of the parliament, the estates remitted the same to the committee and consideration of the several bodies apart, which was accordingly done; and thereafter the same supplication being newly again read in plain parliament, the said estates appointed a committee to consider the said supplication and to think upon the fittest way for giving satisfaction to the supplicants. And this committee having accordingly considered the aforesaid supplication and desire thereof and agreed their thoughts and resolutions relating thereto, they this day produced the same in writing, which was publicly read in audience of the parliament and whole estates thereof and the same heard and considered by the said estates; and they thereupon being well and ripely advised, the said estates ordain the aforesaid sum of £24,933 7s 8d money aforesaid yet resting unpaid to the supplicants above-named of the greater sum above-written, with the annualrent thereof since Martinmas 1642, to be paid to the said supplicants, and each one of them for their own parts respectively in manner above and after-specified. And therefore the said estates by this act give warrant and command to William Thomson, their commissary depute, or any other who shall have warrant from the estates to serve in his place, to pay and deliver to the said George Suttie, John Kniblo, Laurence Henderson, Robert Lockhart and John George the aforesaid principal sum of £24,933 7s 8d Scots money, and also of the annualrent of the same since Martinmas 1642, each one of them for their own proportional parts of principal sum and annualrent thereof as follows, namely: to the said George Suttie, the said sum of £5,760 1s of principal sum with the annualrent thereof since Martinmas 1642; item, to the said John Kniblo, the said sum of £4,320 of principal sum with the annualrent thereof since Martinmas 1642; item, to the said Laurence Henderson, the aforesaid sum of £3,333 6s 8d of principal sum with the annualrent thereof since Martinmas 1642; item, to the said John George, the said sum of £4,320 of principal sum with the annualrent thereof since the time of Martinmas 1642; and to the said Robert Lockhart, the said sum of £7,200 principal with the annualrent thereof since Martinmas 1642, according to their said several acts of the committee of estates, and that out of the monies to be borrowed between now and Lammas [1 August] next for the use of the public within the town of Edinburgh from those burgesses and inhabitants thereof who are not creditors to Sir William Dick of Braid, James Hamilton of Bogs and James Stewart, merchant burgess of Edinburgh, seeing the said Sir William Dick, James Hamilton and James Stewart are preferred by the precepts granted to them by the estates to be first paid of the sums contained in their precepts out of the monies that are to be borrowed from their creditors between now and Lammas next. And Sir William Dick to be preferred to all for such monies as shall be borrowed from any persons after 1 August next until he be paid, according to his said precept of the sum contained therein, for the which this act shall be a sufficient warrant.
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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, taking into their consideration the query underwritten motioned and proposed in parliament in the particular terms following, namely: If the taking of Patrick Leslie [of Iden], provost of the burgh of Aberdeen, one of the committee of the estates of this kingdom and commissioner chosen by the burgh of Aberdeen to this present parliament, and the taking of Mr Robert Farquhar [of Mounie], commissioner for the public, and the taking of John Jaffray, bailie of the said burgh, and Alexander Jaffray, his brother, dean of guild of the said burgh, honest men, his majesty's free lieges and magistrates of the said burgh, carrying them away as captives and prisoners violently to the house of Huntly and detaining them prisoners there in prison secretly, usurping thereby his majesty's royal authority, be a crime to be punished by the pain of death or the pain of treason, or otherwise by the arbitrament of the parliament: the said estates find the same relevant to infer a capital punishment.