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 the acts made by them anent runaways and fugitives from the armies and anent the deficients in deploying their foot and horse are not put to due execution against the said fugitives and contraveners thereof, therefore the said estates by this act give power and warrant to the persons after-specified within the several shires and presbyteries underwritten designed and specified by the commissioners of the shires to be the gatherers and bringers in of the aforesaid fugitives of horse and foot within the said several shires and presbyteries, namely: for the sheriffdom of Edinburgh to Sir James Foulis of Colinton for the presbytery of Edinburgh and to [...] Dundas of Arniston for the presbytery or Dalkeith; for the sheriffdom of Fife, George Hay of Naughton, for the presbyteries of St Andrews and Cupar, and to Robert Dempster of Balbougie, for the presbyteries of Kirkcaldy and Dunfermline; for the sheriffdom of Linlithgow to David Dundas of Philipston; for the sheriffdom of Lanark to John Hamilton of Gilkerscleugh and David Hamilton of Auchintoul, for the over-ward of Clydesdale, and to [...] Hamilton of Haggs and to James Hamilton, younger, of Woodhall for the north-ward of Clydesdale; for the sheriffdom of Dumfries to John Crichton of Crawfordston, for Nithsdale, and to James Johnston of Corehead, for Annandale; for the sheriffdom of Stirling to John Rollock of Bannockburn; for the sheriffdom of Haddington to Mr John Hepburn of Smeaton; for the sheriffdom of Berwick to John Home of Nanewarr and Robert Trotter of Rochester; for the sheriffdom of Clackmannan to [...] Shaw of Sauchie; for the sheriffdom of Peebles to Andrew Hay of Haystoun, sheriff depute, or Mr John Hay, his son; for the sheriffdom of Bute to Ninian Stewart of Kilchattan; for the sheriffdom of Ayr to [...] Cunningham of Cunninghamhead, for Cunninghame, to Sir William Cunningham of Caprington, for Kyle, and to [...] MacAlexander of Corseclays, for Carrick; for the sheriffdom of Kincardine to Robert Douglas of Brigford; for the sheriffdom of Roxburgh to the officers and commanders of [William Kerr], earl of Lothian's regiment lying within the sheriffdom of Roxburgh; for the sheriffdom of Perth to Sir Patrick Ogilvie of Inchmartine, for the presbytery of Dunkeld to George Drummond of Balloch, for that part of the presbytery of Meigle lying in Perthshire to William Oliphant, brother to the late Mr Ninian Oliphant of Culteuchar, for the presbytery of Perth to Sir John Haldane of Gleneagles, for the presbytery of Dunblane and Auchterarder all those for the foot fugitives of the said shire and to Laurence Ogilvie of [...] for the fugitives of the cavalry of the sheriffdom of Perth; for the stewartry of Kirkcudbright to Thomas Rome, apparent heir of Ardingray, for the ten parishes beneath Ure, and to William MacCulloch of Ardwell for the rest of the stewartry; for the sheriffdom of Wigtown to Uchtred MacDowall of Freuch, for the presbytery of Stranraer, and to David Dunbar of Baldoon, for the remainder of the said shire; for the sheriffdom of Aberdeen to Sir William Forbes of Craigievar; for the sheriffdom of Renfrew to Bryce Semple of Cathcart; for the sheriffdom of Forfar to [...] Graham of Fintry; for the sheriffdom of Selkirk to James Pringle of Torwoodlee; for the sheriffdom of Inverness to Thomas Fraser, elder, of Strichen; for the sheriffdom of Argyll to [...] Campbell of Ardchattan; for the sheriffdom of Banff to Sir Alexander Abercrombie of Birkenbog; for the sheriffdom of Sutherland to Gordon of Embo; for the sheriffdom of Moray to [Sir Robert Innes], laird of Innes; for the sheriffdom of Nairn to [...] Rose of Kilravock and for the sheriffdom of Cromarty to [...] Urquhart of Dunlugas; to put the acts anent the runaways and deficients to due and exact execution within the whole bounds of the shires and presbyteries respectively above-designed to them and each one of them in manner above-divided (excepting always the free royal burghs within the said bounds); and the estates ordain the committees of war in the several shires and bounds respectively above-specified to assist the persons above-named in putting the said acts to execution and to apprehend the said runaways and the harbourers to be fined according to the acts, and that there be one or more hanged in example of others, according to the act, and the rest to be brought to Edinburgh by the aforenamed persons respectively appointed for putting the aforesaid acts to execution within the shires, presbyteries and bounds above-mentioned, that they may be sent from there to the army. With power to the said persons respectively above-named to take up the fines contained in the said acts within the bounds respectively above-specified designed to them, the one half thereof to themselves for apprehending the said runaways and the other half to be paid to the public; and the expenses of the runaways' maintenance and bringing them to Edinburgh to be paid out of the public's half, and the surplus to the public. And also the said estates grant similar power and warrant as is above-specified to the provosts, bailies and magistrates of the whole free royal burghs of this kingdom for putting the aforesaid acts to exact execution within their burghs and jurisdictions thereof against the runaways and deficients and for apprehending and bringing them to Edinburgh and hanging them, one or more, in example of others, according to the aforesaid act; and for taking the aforesaid fines, the one half thereof to the magistrates themselves for apprehending the said runaways, and the other half to be paid to the public, and the expenses of the runaways' maintenance and bringing them to Edinburgh to be paid out of the public's half, and the surplus to be paid to the public as said is. And the estates ordain [Sir Alexander Gibson of Durie], clerk register, to extract, subscribe and deliver to the magistrates of each free burgh royal and to each one of the several persons above-named for the several shires, presbyteries and divisions above-specified several extracts of the power and warrant above-written granted to them by the estates of parliament for the several shires, burghs, presbyteries and bounds respectively committed to their charge in manner above-designed.
[1644/6/169]*[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 three estates in 1641, having heard and considered a supplication given in to them by Mr Robert Farquhar, merchant burgess of Aberdeen, desiring payment of the sum of £133,102 12s 4d Scots money indebted and owing to him by the public and estates of this kingdom, which was payable to him at Whitsunday [21 May] 1643 according to an act of the committee for the common burdens of 1 April 1643; as also craving payment of the annualrents of the sum above-written since the said term of Whitsunday 1643, as is appointed by the act aforesaid, as the same act and supplication produced and read in audience of the parliament more fully purport. The estates find the desire of the supplication just and reasonable, and therefore they ordain Mr Robert Farquhar, supplicant, to be satisfied and paid of the aforesaid sum of £133,102 12s 4d Scots money and of the annualrents thereof since Whitsunday 1643 out of the fines, forfeitures and borrowed monies for the use of the public and which shall fall, accrue or in any way pertain to the estates for the use of the public within the sheriffdoms and bounds contained in the commission granted by the estates of parliament to the northern business, and that after Archibald [Campbell], marquis of Argyll and George Jamieson, provost of Cupar, be paid of the sums contained in the precepts respectively granted to them by the said estates and thereby appointed to be paid out of the fines, forfeitures and borrowed monies within the bounds contained in the said commission. And for the supplicant's better payment, the estates by this act give warrant and command to the commissary and collectors for the public within the bounds of the said commission to make payment to the said Mr Robert Farquhar, supplicant, or any having his warrant, of his said sum above-mentioned and of the annualrents thereof since Whitsunday 1643 out of the sums to be exacted, borrowed or in any way collected by them or any of them respectively pertaining to the public by way of fine, forfeiture or lending within the bounds of the said commission until the said Mr Robert Farquhar be paid of his said sum and annualrents thereof, the marquis of Argyll and George Jamieson being always first paid of their said sums respectively, according to their said precepts, for the which this act shall be a sufficient warrant.