On the thirty third day of parliament
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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 fundamental laws, liberties and independency of this kingdom and the practice of former times, which does require that all natives and inhabitants accused of committing crimes in this kingdom or against the king or kingdom should be tried and judged in a legal way by the ordinary judicatories of this kingdom. And considering the present imprisonment of James, duke of Hamilton, a native and eminent peer of this kingdom, and his long restraint upon pretence of crimes alleged to have been committed by him in this kingdom or against the king's majesty or the kingdom without the least sign or intimation to the kingdom or judicatories thereof, they cannot so far forget the public interest and just liberty of the subjects (which they are obliged to maintain) as not to be aware of the wrong done to his majesty's honour and this nation thereby in its freedom and privileges. As likewise considering the dangerous preparative to them and their posterity which may ensue thereupon if they should pass over this in silence, therefore the said estates of parliament do declare that if his majesty be informed of any such challenge against the duke that deserves that he should be put to trial, then he ought to be returned to this kingdom here to await his trial according to law and justice; and if there be any crimes alleged against him for which he is answerable as a peer of England, that he be tried there in a parliamentary way according to the laws of that kingdom. Otherwise they are confident that his majesty will upon better consideration be graciously pleased, according to his accustomed justice, to cause the said duke forthwith to be set at liberty and thereby preserve the liberties of this kingdom, as he has done to others [whose persons]† upon sinister information have formerly been restrained. But if the evil counsels of such as are enemies to his majesty's honour and the public liberty of this his majesty's ancient and native kingdom shall so far prevail as that the person of the said duke be detained any longer or be proceeded against out of this kingdom of Scotland, the estates of parliament declare the just privileges of this kingdom and freedom and liberty of the subject to be thereby infringed and violated, and all courses and procedure to the contrary hereof to be unwarrantable and illegal, and that this kingdom will resent the same as a national wrong; and also declare all such persons of this kingdom as by their actions, counsels, plots, advice or assistance are or shall be in any way accessory thereto or any such imprisonment, restraint and detention of any peer or free-born subject of this kingdom without remanding them to await their trial in the lawful judicatories of this kingdom, to be enemies to the king's honour, the lawful privileges of this kingdom and the just liberties of the subject, and that they shall be punished accordingly; and if they be natives of the kingdom of England, they will earnestly desire the honourable court of parliament there to do justice upon them as they will be ready in similar cases to render to the subjects of that kingdom.
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The estates of parliament, having heard and considered the supplication of Katherine Kendell, Englishwoman, widow of the late John Young, sometime servant to the late James [Home], earl of Home, and of William, Margaret and Marion Young, his bairns, desiring a recommendation to Sir William Scott of Harden, sheriff of Selkirk, to put their letters of caption against Walter Scott of Huntly to execution, and to apprehend and put him in ward until he satisfies the supplicants of the duties of the lands of Hyndhope; and also to command the sheriff to eject the said Walter Scott out of the said lands and to put the supplicants in possession, as the supplication purports. The said estates ordain the supplicants to go on in their action of removing against the said Walter Scott before the sheriff, and recommend the supplicants to the said Sir William Scott of Harden, sheriff, being personally present to do them summary justice against Walter Scott in the said matter. As also ordain the sheriff to put the supplicants' letters of caption to due execution, and, in the meantime, the estates discharge the lords of session to pass any advocation of the aforesaid action of removing.
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Anent the supplication given in to 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, whereof the tenor follows: To the right honourable lords and other commissioners of the estates of the high court of parliament, the humble petition of William, earl of Lanark, humbly shows whereas his majesty and last parliament were pleased to nominate and elect your petitioner secretary of state for this kingdom of Scotland and to entrust him with the custody of the signets thereof, as his patent under the great seal confirmed in parliament at length bears, notwithstanding hereof, Sir James Galloway, master of requests, has usurped the title of secretary and discharged the said office and procured various letters from his majesty to the lords of privy council desiring them to acknowledge the said Sir James secretary in all the rights and privileges thereof, alleging a difference between a secretary and a secretary officer of state, whereby he has done what in him lies to stir up his majesty, to violate or at least delude that act of parliament concerning the election of the officers of state, which so closely concerns this kingdom; and notwithstanding that the lords of privy council found that the said Sir James' proceedings in this particular, usurping the title and exercising the office of secretary and procuring of letters from his majesty to them to the effect aforesaid was a great wrong done in prejudice of the aforenamed act of parliament, and therefore remitted the same to be censured by your lords in this present parliament, and, in the meantime, discharged him to usurp or exercise the title or office of secretary, as their act relating thereto at more length purports, whereupon the said Sir James did protest that this proceeding might not prejudice him in his right and possession of the said office; nevertheless, the lords of privy council adhered to their former act and ordained the protestation to be kept and presented to the next parliament as an accusation of the said Sir James' pertinacious carriage in usurping the title and office of secretary contrary to the late acts of parliament. Notwithstanding of all such censure, the said Sir James has still usurped the said title and has at various times discharged the said office, whereby he has not only contravened the said acts of council, but violated the aforementioned act of parliament. Therefore your petitioner does humbly desire that your lords would be pleased to declare whether there can be any secretary for this kingdom but such as is or shall be nominated and elected according to the aforesaid act of parliament, and to discharge the place of secretary under [the said Sir James Galloway or any others]† (to the prejudice of your petitioner) to usurp the title or discharge the place of secretary under whatever pains your lords in your wisdom shall think fit. As likewise that seeing the court signet delivered by his majesty in open parliament to your petitioner was in January last (whilst he was under a most strict restraint at Oxford) required from him in his majesty's name by [George Digby], lord Digby and Sir Edward Nicolas, secretaries for England, and (as your petitioner is surely informed) delivered to Sir Robert Spottiswood, whose affection to this kingdom has been much in doubt, and that seeing your petitioner is and shall be still ready to answer according to the laws of this kingdom for his faithful discharge of that trust, he does therefore humbly petition that your lords would be pleased to declare that the taking of the said court signet from your petitioner (whilst he was under the aforesaid restraint) shall not prejudice him as sole secretary for this kingdom, which he shall no longer wish to enjoy than with the fidelity and affection he has discharged that trust; and your lords' answer he humbly craves, as the supplication purports. Which supplication being read in audience of the parliament and the same, with the desire thereof, heard and considered by the estates of parliament with the aforesaid act of council and protestation above-specified produced by the earl of Lanark, the estates of parliament find the supplication and desire thereof reasonable, and therefore they find and declare that there can be no secretary for this kingdom but such as is or shall be nominated and elected according to the aforesaid act of parliament; and in respect hereof, the estates discharge the said Sir James Galloway or any others (to the prejudice of the earl of Lanark) to usurp the title or discharge the place of secretary. As also the estates declare that the taking of the said court signet from the said earl of Lanark when he was under the aforesaid restraint at Oxford and delivery thereof to the said Sir Robert Spottiswood, or to any other, shall not prejudice the said William, earl of Lanark as sole secretary for this kingdom. And also the estates find and declare that the censure of the said Sir James Galloway and Sir Robert Spottiswood, usurpers of the aforesaid place of secretary, is to be as transgressors of the acts of parliament and that thereby they have lost and forfeited, likewise the estates declare them to have lost and forfeited their present offices held in this kingdom and to be incapable to possess any other office in this kingdom in time coming.
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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, whereof the tenor follows: To the estates of parliament, the humble supplication of James, earl of Home shows that where I having petitioned the king's majesty and estates of parliament in 1641 to take into consideration the heavy prejudice and losses sustained by me by the lamentable accident that fell out at my house of Dunglass occasioned by the public service of the kingdom, which losses were by various gentlemen apprised, having commission from the committee of estates, to the sum of £40,133, according to the report herewith produced. Neither can the said valuation be thought but to be far short of the real loss and prejudice sustained by me, seeing the sum was apprised upon oath by some of the workmen that were builders of the house as the sum of 160,000 merks. Which supplication was remitted by his majesty and estates of parliament to the committee for the common burdens as a matter that deserved to be taken into their serious consideration, and having various times supplicated the said committee for the common burdens, they by various acts and minutes declared they would grant me a public act for the repayment of my losses, as is known to various lords and others of this present parliament. Therefore it is my humble desire, according to justice, conscience and our covenant, that my sufferings and losses be recorded in a present act, for payment thereof when the affairs of the kingdom shall permit, and your lords' answer humbly I desire. Which supplication, being first presented to the committee appointed by the parliament for bills and supplications, and the same, with the report of the committee for the common burdens, heard and considered by the said committee of bills and reported by them with their thoughts and opinion relating thereto to the estates of parliament, and thereupon the aforesaid supplication being publicly read in audience of the parliament and the same, with the desire thereof, taken into consideration by the estates of parliament, the said estates find the desire of the aforesaid supplication reasonable and grant the same for the sum of £40,000 Scots money, and declare that sum of £40,000 Scots to be a public debt of the kingdom and to be paid when the affairs thereof shall permit.
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Anent the supplication given in to 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, whereof the tenor follows: My lords of parliament, to your lords humbly means and shows, we, John [Kennedy], earl of Cassilis, Mr George Martin, provost in the Old College of the university of St Andrews, Mr John Baron, minister, James Wood, professor, Mr George Martin, William Tweedy, Thomas Greig and Robert Keith, regents there, that whereas it has pleased your lord to grant the desire of [Sir John Scott], lord Scotstarvit's petition anent his professor of humanity in [St] Leonard's College, allowing him to have a teacher of a private class of humanity there (to which your lords' ordinance we all in due humility submit ourselves); and we, the said earl of Cassilis and master of the said Old College, considering that unless that there be a professor of humanity in the Old College also, the class of philosophy there will become desolate, have allotted for making up a provision and maintenance for a similar professor in the said Old College 14 prebendaries, which for the present are employed in no public use, 10 of them belonging to us, the said earl, namely: the prebendaries of Rattray primo, Rattray secundo, Rattray tertio, Souleingwordfeild, Easter Balbuthie, Wester Balbuthie, the Rule chaplainry of St Andrews [...], the other four of them belonging to the masters of the Old College [...], that it would please your lords to ratify this erection made by us. And because this is not a competent maintenance for an able and qualified man, therefore your lords, out of the tender care of the standing of that ancient seminary to the credit and public good of the kingdom, would pass an act that the said professor may have a proportional part with other regents of the university as my Lord Scotstarvit has allowed to him out of that part of his majesty's late benefaction to the said university, which rests yet, over and above all which by division is applied to the public use, which will be without prejudice to a professor in the university. As also it will please your lord to declare that the professor erected by us shall enjoy and be capable of all privileges and dignities of the university after the same manner as it is granted by your lords to my Lord Scotstarvit's professor, and also that your lords would declare and enact that the said earl (who is already patron of 10 of the prebendaries above-written and to whom his heirs and successors we masters of the Old College have conveyed the other 4 prebendaries, to the effect the same and the benefit thereof with his own 10 may be employed to the aforesaid use), his heirs and successors of the name and arms of Kennedy shall in all time coming have the right of the presentation of the person to be nominated to the aforesaid profession and to the total profits of the said 14 prebendaries and the successors to the said profession in all time coming, and your lords' answer. Which supplication being read in audience of the parliament and the same and desire thereof heard and considered by the estates of parliament, the said estates find the said desire reasonable and grant the same, and therefore they ordain the professor of humanity in the said Old College to have a proportional part with the other regents of the university (as the Lord Scotstarvit has allowed to him of that part of his majesty's benefaction) to the said university which rests yet, over and above all which by division is applied to public use, which will not be prejudicial to a professor in the university; and declare that the said professor erected by the supplicants shall enjoy and be capable of all privileges and dignities of the university after the same manner as is granted by the estates to the Lord Scotstarvit's professor. And also the estates declare that the earl of Cassilis, who is patron already of 10 of the prebendaries above-written and to whom his heirs and successors, the masters of the Old College have conveyed the other 4 prebendaries, to the effect the same and benefit thereof with his own 10 prebendaries may be employed to the said use, his heirs and successors of the name and arms of Kennedy shall in all time coming have the right of presentation of the person to be named to the aforesaid profession and to the total profits of the aforesaid 14 prebendaries and of the successor to the said profession in all time coming.
[1644/6/193]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to 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, whereof the tenor follows: The humble petition of George Buchanan, apparent heir of that ilk, to the honourable lords and other estates of parliament, shows whereas the committee of estates by their act of 18 April 1644 gave power and commission to me with my friends and followers with all diligence to proceed to the house and fortalice of Mugdock, enter there and intromit with the cannon, powder, ball, match and other warlike equipment there for the use of the public, and to break open doors, break down the iron gates or any other strong gates there, that it be not kept against the country, with power to do everything that might procure the execution of my commission, ordaining my expenses upon just account to be paid to me. According to the which commission, I upon 19 April last went from Edinburgh and convened a company under the command of Patrick Buchanan of Auchmar, and upon 20 April came to the house of Mugdock at night, and finding the gates fast, broke them down and stayed there that night and the 21st day, being Sunday, and upon Monday made search of the house, according to my commission, and found no arms nor ammunition there but a few picks that had been removed the day before and put in the officers' house, with a few muskets which were bricked up in the wall of the house, and I caused take down all the gates and iron windows, and thereafter I did acquaint [John Campbell, earl of Loudoun], lord chancellor, with what was done, who thereupon did signify to me that the committee found it not necessary that anything further should be done at that time. Whereupon I caused remove the said picks and muskets with all the iron works and gates that were taken down to the house of Duntreath, where they now are; which premises I did for obedience of my commission aforesaid. Therefore I humbly beseech your lords to take the said commission, with my report of what is done by me in obedience thereof, into consideration, and as your lords shall find my carriage, diligence and care in that particular matter to deserve, that accordingly the same may be approved and I exonerated of my just account of my expenses allowed in prosecution of my commission as they shall be given in, and your lords' answer, as the supplication bears. Which supplication being heard and considered by the estates of parliament, the said estates approve the supplicant's proceedings in the commission above-written and remit the consideration of his accounts and expenses to the committee of parliament.
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Anent the supplication given in to the estates of parliament by John Shaw of Greenock, whereof the tenor follows: To the lords and others of the estates of this honourable court of parliament, humbly means and shows I, your servant, John Shaw of Greenock, that where upon 2 March 1635 the lords and others of his majesty's commissioners of parliament for the time appointed for surrenders and teinds did decree and ordain me and my successors to content and pay to Mr John Laing, then minister at Greenock, and the succeeding ministers there the sum of £80 Scots money yearly out of the readiest of my proper rents, notwithstanding the commission gave them only power to modify ministers' stipends out of teinds and that I had no teinds at all, but paid my rental bolls according to the commissary's orders, as I do still yearly to the titular or his tacksmen. The said lords and other commissioners aforesaid, pretending for their warrant an act extracted out of the books of assignations of ministers' stipends, which act was neither obligatory nor was I ever nor any of my predecessors in use to pay the said £80 to any minister, and it is only expressed in the said decreet that by the act produced the said £80 was probably in use to be paid by the laird of Greenock, grandfather to the minister, and further (which makes the injustice thereof more evident) declare that in case the said John Shaw of Greenock opposes the payment of the said £80 and put the minister to the trouble of a suspension, in that case he is to be liable to the payment of £1,000 at the sight of the said commissioners, which decreet nevertheless I did suspend and the suspension lies yet undiscussed. Therefore my humble desire is that your lord would be pleased to recommend to the commissioners now to be appointed for plantation of kirks (either into the commission or in a several act) to consider the aforesaid decreet and either overturn or approve the same, as to your lords shall seem most just and equitable, to the effect the minister may be settled with a constant stipend and all occasion of quarrel removed between him and me, his parishioner; and your lords' answer, as the said supplication bears. Which supplication being read in audience of the parliament and the same supplication and desire thereof heard and considered by them, the said estates of parliament recommend and remit the consideration of the aforesaid supplication and desire thereof to the commission for plantation of kirks.
[1644/6/195]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to 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, whereof the tenor follows: My very honourable lords and others of the estates of parliament, to your lords humbly means and shows I, your lords' servant, John Graham of Panholes, that where in the month of June 1636 my mains of Panholes, with the places, houses, yards, orchards and park of the same being wadset to Andrew Graham of Panholes, servant to [James Graham], earl of Montrose for the sum of 7,000 merks and presently possessed by the said Andrew by virtue of the said wadset and continuously since then by the space of eight years, the redemption of the wadset being suspended by the contract of wadset for the space of seven years to the time of [...], as the said contract here present to show to your lords will testify; and the said sum of 7,000 merks [...] being thereafter arrested in my hands in January 16[...] long before the expiring of the seven years, during which years the redemption was suspended as said is, and at the instance of Mr John Adamson, principal of the college of Edinburgh, the said Mr John, in the month thereafter, having likewise obtained a decreet before the lords of council and session for payment of the sum of 3,260 merks against me for non-compearance, and also against the said Andrew who was likewise summoned to the said decreet and who only should have defended the said action and had promised to employ procurators for him and me to compear therein for that effect, but he being a malignant in service with the earl of Montrose and privately and secretly employed by him out of and in the country, and also being in possession of my lands, not caring what should be done in that particular matter, the debt being just, of purpose suffered a decreet to pass against himself and me, knowing that I only was to sustain the prejudice; but I being advised to suspend the said decreet by reason that the same was heritable and so not arrestable, and the decreet nether did bear neither could be a warrant to me to get the same allowed to me in part payment of the 7,000 merks contained in the wadset, and while I was using all means to get a suspension which by no means I could get against the said Mr John without consignation, and the said Mr John being advertised of the same did purchase caption against me, by virtue whereof I was apprehended and incarcerated in the tolbooth of the Canongate, where I remained for the space of three months to my great and heavy charges and hurt of my person, having contracted a lengthy disease and fever after my liberation, in respect of which I lay sick for the space of six weeks. So at last upon the [...] day of [...] last I was forced to suspend and consign for obtaining a sufficient warrant of the lords of session for payment of these monies for getting the same to be allowed in the 7,000 merks contained in the contract of wadset, and my lands declared to be lawfully redeemed in so far as concerned the 3,260 merks. Which suspension being discussed, the said lords of council and session upon the [...] day of [...] last found the letters orderly proceeded and ordained the sum consigned to be given up to the said Mr John, and that notwithstanding of the reasons thereof in respect of the decreet standing unreduced, reserving to me reduction of the same and ordained Mr John to find caution to refund if I should prevail in my said reduction. Which reduction I having thereafter intended and the said Mr John, hearing of the event, thereof intended a new process against me upon a posterior arrestment used by him since the first arrestment after the expiring of the seven years, and after a requisition made by Lillias Graham, spouse to the said Andrew, as having power and a factory to require me for payment of the said sum of 7,000 merks; and to the which process the said Lillias as factor aforesaid, not only by herself but likewise by Mr John Gilmour compearing and consenting for her and her said husband to the said decreet, likewise the said Lillias furnished to the said Mr John the said instrument of requisition whereupon he obtained the said decreet, by the which he was ordained to retain the said monies consigned and the same ordained to be allowed to me in part payment of the said sum of 7,000 merks contained in the said wadset, as the said three whole decreets also here present to show to your lords will testify. And so by payment of the said sum of 3,260 merks and annualrents thereof (of the said sum of 7,000 merks) since the date of the said consignation, extending to [...] money aforesaid, and also by the mails and duties of my lands which do now only properly belong to me by the said wadset, he being my vassal, the lands being only held by him of my late father and successor to whom I am heir, and as heir infeft in the said lands and through the said Andrew's being a year and a day at the horn, as the said contract of wadset and horning duly registered according to the act of parliament also herewith produced will testify, not only the said sum of 7,000 merks will be exhausted, but the mails and duties and portion of my said lands does now properly belong to me in manner aforesaid, and I ought in justice to be put in possession thereof. Notwithstanding whereof, the said Andrew Graham still retains the possession of my said lands, houses, orchards and parks, destroys the planting and daily lays the land waste to my great hurt and prejudice of more malice, he knowing how that in these troublesome times I cannot have the benefit of the law, the ordinary judges not sitting for the time. Therefore I most humbly beseech your honours to have consideration of the premises and that your honours would be pleased to grant me a warrant in these troublesome times to enter to the possession of the said lands, houses and others aforesaid, which in equity and justice pertains to myself for the reasons and causes above-specified, and which after account and reckoning will be found fully outquitted and redeemed from the said Andrew Graham. And I am content to make myself to be accountable to the said Andrew for whatever sums of money shall be found due to the said Andrew, and your lords' answer most humbly I beseech, as the said supplication purports. Which supplication being upon 11 July last read and the desire thereof considered by the committee appointed by the parliament, that committee ordained the said Andrew Graham to be warned by a macer or messenger of arms to have compeared and answered to the desire of the aforesaid supplication, which was accordingly done, and the said Andrew Graham summoned, personally apprehended by John Mitchell, messenger, to have compeared before the parliament on 19 June or before their committee, as the deliverance of the committee for bills and the execution of the citation according to that particular deliverance more fully purport; and now the aforesaid supplication being this day read in audience of the parliament and the same, with the desire thereof, heard and considered by the several bodies of the estates apart, the said estates of parliament have remitted and remit the aforesaid supplication and desire thereof above-written to the committee of estates residing at Edinburgh, and recommend the same to the said committee to do therein as they shall think fit and expedient.
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Anent the supplication given in to 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, whereof the tenor follows: Supplication of James Hamilton of Bogs and James Stewart: Whereas your lords did appoint us £1,000 sterling in part payment of this last 10,000 bolls of meal to be allowed from such money as should be borrowed from any to whom we are due between now and 1 August, the time now almost prescribed, we are not hopeful to get it by that means. Therefore our humble desire to your lords is that it be appointed out of the first money that shall be borrowed for the public out of the sheriffdom of Renfrew. Which supplication being read in audience of the parliament and the same, with the desire thereof, heard and considered by the estates of parliament, the said estates find the desire aforesaid of the said supplication reasonable and grant the same desire thereof, and therefore ordain the aforesaid sum of £1,000 sterling to be paid to the supplicants out of the first and readiest monies that shall be borrowed for the use of the public from any person whatsoever within the sheriffdom of Renfrew.
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Anent the supplication given in to 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 the petition of Alexander Maxwell and Samuel Lockhart craving payment of the sum of £532 16s 8d sterling, assigned to them by James Boswell, merchant in Edinburgh, and owing to him by the estates for meal furnished by him for the use of the Scottish army in Ireland, and whereof the petitioners, by act of the committee of estates in February last, were appointed to be paid with the annualrents thereof since Martinmas [11 November] 1643 out of the readiest money that should have come from England for the use of the Scottish army in Ireland, find the desire just and reasonable and ordain the said Alexander Maxwell and Samuel Lockhart, petitioners, to be paid of the said sum of £532 16s 8d sterling with the bygone annualrents thereof since Martinmas 1643 out of the first and readiest of the £30,000 sterling first payable to the Scottish army that is in Ireland by the parliament of England; and for the said petitioners' more ready payment, the said estates by this act grant precept and warrant to Mr Herring and Mr Warring, treasurers of Goldsmiths House at London, upon sight hereof, to make payment to Alexander Maxwell and Samuel Lockhart, or any having their power and warrant for their use, the said sum of £532 16s 8d sterling money with the bygone annualrent and interest thereof since Martinmas 1643 out of the readiest of the aforesaid £30,000 sterling first payable to the Scottish army in Ireland, for the which the estates declare that this act, with the said Alexander Maxwell and Samuel Lockhart's receipts, or any having their order and warrant, of the said sum of £532 16s 8d sterling with the bygone annualrent thereof since Martinmas 1643 shall be a sufficient discharge and exoneration to the parliament of England and all others for whom it concerns of the same sum; and in respect hereof, the said estates ordain the said Alexander Maxwell and Samuel Lockhart, as assignees and having right from the said James Boswell, to discharge simply Archibald [Campbell], marquis of Argyll, John [Maitland], earl of Lauderdale and such others as are obliged to the said James Boswell for payment of the meal furnished by him to the army in Ireland, and to which the said Alexander Maxwell and Samuel Lockhart have right from the said James Boswell by assignation or otherwise of the said Archibald, marquis of Argyll, John, earl of Lauderdale and others aforesaid then obliged to the said James Boswell.
[1644/6/198]*[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, whereof the tenor follows: Right honourable my noble lords, pleases your lords' humble supplicant and servant, Colonel Francis Sinclair, that where it pleased the lords of the committee to give command some seven or eight weeks ago to arrest and detain me within the bounds of six miles or thereby of Edinburgh, for obedience whereof I remained here and do as yet remain with my wife, family and followers to my extreme great charge and expense unless your lords provide remedy. Therefore I beseech your lords, in consideration of the premises, to give warrant for my release and freedom from the said arrestment to which I am put under and do remain, that I may pass and return to the kingdom of Sweden to do my lawful business with the crown and council there or else, if it pleases your lords to detain me any longer here, that it would please your lords to lay down some course whereby I may live in a honest estate and condition, and your lords' answer humbly I crave. Which supplication being this day read in audience of the parliament and the same, with the desire thereof, heard and considered by the parliament, the said estates relieve the said Colonel Francis Sinclair, supplicant, of his restraint aforesaid and grant him release and freedom that he may pass and return in manner and to the effect before desired.
[1644/6/199]*[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, whereof the tenor follows: My lords and others of the estates of this honourable and high court of parliament, to your lords humbly means and shows I, your servant, Mr Alexander Colville, professor of divinity in the New College of St Andrews, that where there was allowed to me by the commissioners of his majesty's exchequer the sum of £200 sterling for my charges for two voyages in my transportation from the university of Sedan in France to the said university in St Andrews, to have been paid out of the first and readiest of the rents of the excommunicated papists, as the act of exchequer granted thereupon, with the precept drawn upon Sir William Lockhart and Adam Blair, receivers of his majesty's rents, for payment to me, thereof bears; notwithstanding whereof, I have never received any payment of the said £200 sterling. Therefore I humbly beseech your lords to give order and warrant to any person or persons who are or shall be appointed to collect or intromit with the said escheats to make payment to me (out of the first and readiest thereof) of the said sum of £200 sterling, to whom this reference, with my note of receipt thereof, shall be a sufficient acquittance and discharge; and your lords' answer humbly I beseech, as the said supplication purports. Which supplication and desire thereof aforesaid, with certain other supplications given in to that committee appointed by the parliament for hearing and considering bills and supplications, being reported in audience of the parliament from the said committee for bills and taken into general consideration by the estates of parliament, they not having time to take particular consideration thereof, the said estates remitted and recommended and hereby remit and recommend the said Mr Alexander Colville, supplicant, with his supplication and desire thereof aforesaid, to the committee of estates who are to be appointed by the estates of parliament to reside at Edinburgh, to be considered and determined by them or remitted to the exchequer or other judge ordinary as the said committee of estates shall think expedient.
[1644/6/200]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to 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, whereof the tenor follows: My lords and others of the committee for bills, to your lords humbly means and shows your servants Geillis Kellie, widow and executor confirmed to the late John Ramsay of Edington, George, William, Martin, Jean and Elizabeth Ramsay, his lawful bairns procreated between us, for ourselves and in name and on behalf of the tenants and others of the lands of Edington and others, that where by warrant and commission of the committee of estates General Major Munro, William Home of Ayton, Sir Alexander Swinton of that ilk, knight, and John Renton of Lamberton were appointed to take exact trial of the damage and losses sustained by the said the late John Ramsay and his tenants through the excursion of the garrison in Berwick; and after trial and notice taken by them of every particular person's losses sustained in manner aforesaid, they found the same losses and prices thereof to extend to the sum of £6,911 16s 4d, as the apprising subscribed by the aforenamed persons upon their credit and conscience at length bears; and that over and above the damage and losses sustained by the said the late John Ramsay in the house of Edington by the said garrison, according to a particular inventory given in by him to the said committee and subscribed with an oath anent the truth thereof, which extends to the sum of £3,610 10s 8d, and which two sums extend to the sum of £10,522 7s Scots money. Of the which sum of £10,522 7s the said committee, by their act of 24 December 1640, bound and obliged the estates of this kingdom to make payment to the said late John Ramsay himself and in name and on behalf of his said tenants and others contained in the said apprising, and that in satisfaction to them of the whole losses sustained by them in manner aforesaid between the date aforesaid of the said act and the feast and term of Whitsunday [13 June] 1641, together with annualrent for the same so long as the same should remain unpaid after the said term. And he having only received thereof the sum of £2,000 money aforesaid, with £690 13s 4d received by Mr George Rule, minister of Mordington, one of the persons contained in the said apprising, according to a precept granted by the committee for the common burdens to him relating thereto, the said the late John Ramsay of Edington applied himself to the lords and other commissioners appointed for the common burdens for payment of the surplus of the said sum, extending to £7,832 13s money aforesaid, with the annualrent thereof from the term of Whitsunday 1641. Which supplication being heard by the committee of the common burdens and they having considered the same, declared by the deliverance upon the back of the said supplication that they would cause pay the said late John of the aforesaid sum with the whole bygone annualrents of the same, by the which excursion, damage and loss and his charge and employments in the public at home and in England he has contracted great sums of money and burdened his lands and estate, so that he cannot both satisfy his creditors and provide us, his bairns. Notwithstanding whereof, true it is that the said late John Ramsay, my husband, at no time before his death (who died in the month of October 1642) received any pay or satisfaction of the said sum of £7,832 13s resting owed of the aforesaid sum of £10,522 7s, nor of the annualrent of the same. Therefore we beseech your lords to have consideration of the premises and hereby to grant warrant to your commissary or take some other course as your honourable wisdom shall think expedient for making payment to us, for ourselves and in name and on behalf aforesaid, of the said sum of £7,832 13s 4d yet resting owed of the said sum of £10,522 7s contained in the said comprising and act of committee, with the annualrent thereof resting owed since the said term of Whitsunday 1641, in respect it is partly minors' gear and the poor people to whom another part rests are altogether impoverished and neither have any thing to maintain themselves and their several families, nor to pay the creditors from whom they have borrowed money for labouring and replenishing the ground until they receive payment of their damage and loss, and your lords' answer. Which supplication, with certain other supplications, being reported in audience of the parliament from the said committee for bills, and being taken to general consideration by the estates of parliament, they not having time to take particular notice and consideration of each one of their said supplications and desires thereof, the said estates remitted and recommended and hereby remit and recommend the supplicants above-named and their supplication above-written and desire thereof aforesaid to the committee of estates who are to be nominated and appointed by the estates of parliament to reside at Edinburgh, to be considered and determined by them or remitted to the committee for the common burdens as the said committee of estates shall think expedient.