On the thirty eighth 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, considering an act of the late general assembly upon 3 June last concerning a declaration made and subscribed at Oxford, a copy whereof was presented to them by the late convention of estates and from the said assembly now presented in this parliament, the tenor of the which copy follows: As it cannot be but all good men and loyal subjects are very much afflicted with the present lamentable and distracted estate of all his majesty's dominions, so we that are his majesty's subjects of the kingdom of Scotland have great reason above all other to be grieved thereupon, for, beside the common resentment that every one born under his majesty ought to have of his undeserved sufferings and the evils whereby his kingdoms are so afflicted, we must be more peculiarly touched for the honour and reputation of that our native country that is so deeply wounded by the perfidious treachery of some of her unnatural brood, whose base and disloyal proceedings reflect upon the whole as if all were as guilty of the same; and it is no marvel that some be mistaken in this point when they consider that all their most treasonable actions are countenanced with public authority and so may seem to carry along with them the approbation of all to take off this prejudice (which in the opinion of some that are strangers to our affairs may lay upon the general body of our kingdom), so many of us, his majesty's faithful servants as are here present, think ourselves bound (for satisfying of the world, but especially the honourable members of both houses convened here at this time, of whose justice and wisdom we may expect that they will distinguish between faction and nation and in all their results so make it appear) to emit a declaration of our judgements concerning [the] proceedings in that late pretended convention of estates in Scotland. And since that it may be seen how much we loathe and abhor the same and are resolved never to own any thing that has issued from them as an act of any lawful or warrantable judicatory, we do therefore, for ourselves and in name of all his majesty's subjects of Scotland (that have in hatred and detestation held the said traitorous convention with all that has followed thereupon), utterly renounce and disclaim the said pretended meeting as presumptuous and illegal and called for no other end but to raise sedition and rebellion in that kingdom, with all committees general or particular flowing from the same and all ordinances and decreets made and given therein, and particularly especially that act concerning that traitorous and damnable covenant drawn up and taken between them and the rebels here, which we most heartily detest and shall never enter therein by force, persuasion or any other respect whatsoever. As also all acts and orders authorising the levying of armies under colour, whereof the present rebellious army there is gathered together, which we esteem an act of high treason and hold ourselves obliged by virtue of our allegiance and to that act of pacification to withstand and oppose the same. Likewise we faithfully promise upon our honour, every one of us, to leave no means unattempted to suppress the said rebels now in arms against his majesty and his crown of England from all the faithful subjects, whereof, but especially the honourable members of the two houses here convened, we will expect such countenance and assistance as we may be the better enabled thereby to prevail against their and our common enemies. And whereby it may be seen that they will not suffer the rebels on both sides to go before them in this point and leave nothing undone in so bad a cause to strengthen one another, and because we will take all such for our own countrymen as will not join heartily with us in this our declaration and in the courses to be taken for the prosecution thereof for enemies both to his majesty and us, if for such of them as are here it were not expedient we should know how to esteem of them, the honourable houses may be pleased to take it to their consideration. Our desire is that the honourable members of both houses here convened would join with us in a request to his majesty that whatsoever Scotsmen shall refuse to set his hand to this declaration subsigned by us may not be permitted to live under his majesty's protection, but be chased from among his majesty's loyal subjects as a partaker in affection, at least with the odious rebellion of both kingdoms. And as the said declaration being examined by the assembly was found to be a perfidious bond and unnatural confederacy to bring this kirk and kingdom to confusion and to be full of blasphemies against the late Solemn League and Covenant of the three kingdoms and of vile aspersions of treason, rebellion and sedition most falsely and impudently imputed to the estates and the most faithful and loyal subjects of these kingdoms, so the said estates, having examined the said declaration, declare their judgment to be the same relating thereto and therefore, according to the recommendation of the assembly, that a public and perpetual note of ignominy may be put upon that declaration, ordain the said copy thereof to be burnt at the market cross of Edinburgh by the hand of the hangman now presently, and seriously recommend to the commissioners for trying and censuring delinquents the exemplar punishment of the subscribers of that or similar declarations or bonds and of all such as have been accessory to the framing or have been or shall be accessory to the execution thereof, according to the merit of so treasonable, unnatural and impious an offence. And also the said estates, taking to their consideration another act of the said assembly of the same date concerning their proceedings against the rebels in the north and south, do unanimously approve the same and, according to the assembly's desire therein, as they have already censured and punished some of the said rebels, so do they also earnestly recommend to the said commission to punish any others who shall be found either to be principal actors in the said rebellions or to have joined therein according to the merit and degree of their delinquency.
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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, give power to every presbytery to design manses and glebes to ministers at every parish kirk within their several bounds where they have not been designed before or not to the full quantity, or where the manses and glebes are decayed or become unprofitable by inundation, sanding† or any other extraordinary accident out of kirk lands close at hand to the parish kirk, according to the order in the act of parliament in the year 1593, burgh-town kirks being always excepted; and ordain letters to pass thereupon in the same way as they passed upon designations of bishops or others having power to design. And further the estates declare where there are no kirklands or houses formerly belonging to parsons, vicars or any other ecclesiastic persons within the parish or when the same are mortified to universities, schools or hospitals, it shall be lawful to design out of whatsoever other lands or out of grass (where there is no arable land) most commodious and close at hand to the parish kirks, manses and glebes according to the quantity contained in the former acts of parliament; which designations shall have all the freedoms and privileges granted to glebes or manses by any former acts of parliament as if the same were hereby particularly expressed. And ordain that the whole heritors of the parish contribute proportionally for making recompense to the heritors out of whose lands the said manse and glebe shall be taken respectively, namely: heritors of kirklands when kirklands are designed and the heritors of all lands of other holding when the designation is of other lands than kirklands. It is always declared that the heritors of the land or grass close at hand to the kirk which are not kirklands shall have liberty to offer any other lands or grass respectively belonging to them in the parish to be a glebe, the same being good and sufficient land and grass in quantity and quality and lying within half a mile of the kirk or manse at farthest, which land or grass respectively so offered shall be designed for the glebe and the other lands or grass close at hand of the kirk shall be exempt from designation.
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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, by this act give order and warrant to the provost and bailies of Edinburgh to cause their hangman burn at the market cross of Edinburgh the declaration made at Oxford.
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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 how necessary it is for the better regulating of the forces employed against the rebels in Ireland and carrying on of the war there that committees be appointed by advice of both kingdoms to reside in Ireland, do therefore nominate and appoint [Alexander Leslie], earl of Leven, lord general, [Archibald Campbell], marquis of Argyll, the earls [William Cunningham, earl of] Glencairn and [James Murray, earl of] Annandale, [William Kerr], earl of Lothian, lieutenant general, [Colonel Alexander Hamilton], general of the artillery, and General Major Munro, Sir Frederick Hamilton, the lairds [Sir Mungo Campbell of] Lawers, [Sir John Shaw of] Greenock, [Sir Andrew Agnew of] Lochnaw, [John Brisbane of] Bishopton, [James MacDowall of] Garthland and [Sir Duncan Campbell of] Auchinbreck, [...], Colonel Home, [...] for Glasgow, [...] for Ayr, [...] for Irvine, or any five of them, as commissioners from this kingdom, with power to them to proceed to Ireland and join with those that shall be appointed by the houses of parliament of England for carrying on the war in Ireland and regulating the forces employed there according to the instructions to be given to them from both kingdoms or the parliament of this kingdom or their committee, and in the meantime, until the said commissioners be appointed by the parliament of England, with power to them to meet and give their best advice, assistance and orders for the good welfare and subsistence of the Scottish army and forces joined with them. And the estates declare that the commissioners above-named in this committee shall be of the great committee of estates that resides at Edinburgh and shall have place and voice in that committee when they are present there.
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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, having heard and considered the report of the committee for the Irish affairs anent the particulars underwritten, interpose the authority of parliament thereto and therefore ordain John Campbell to be directed to Ireland with £14,000 sterling to the seven regiments of the Scottish army in Ireland, which sum is taken out of the money sent from England for that army. And in respect the parliament was necessitated to employ a part of the sum come from England for the necessary payment of such as furnished meal to that army, and that there will be near £3,000 sterling wanting in proportion of the sums to be given to the three regiments now of that army which are in England, the estates ordain that these regiments that are come over be put on an equal footing with those in Ireland and that the sum be presently made up.
Item, ordain victual to be sent over and ships provided to guard the same.
Item, the estates declare that those employed in the commission to Ireland are also members of the committee of the estates of parliament.
Item, ordain that it be added to the instructions given to the commissioners that go to England to desire that a commission be issued by the parliament of England or their committees to [Alexander Leslie], earl of Leven as general, and in his absence to [James Livingstone, earl of Callander], lieutenant general and general major, to command in chief the whole forces in Ireland, both Scottish and British, and another commission to be passed to Sir William Balfour, and in his absence to Lieutenant Colonel George Munro or such persons as shall be agreed to by the committee of both kingdoms, to have command of all the troops of horse that are to join with the Scottish army. As also to desire that no warrant may be passed by the parliament of England for encouraging the British in Ireland to subscribe the covenant.
Item, ordain [Sir Mungo Campbell], laird of Lawers to proceed to Ireland to assist in carrying on the war there; and since his regiment is to stay in England for the service of this kingdom, the estates recommend to the commander in chief of the Scottish army to assist in furthering him to another regiment there, provided it be without levy money or any other burden to this kingdom, and ordain that materials, shovels, spades, axes, hooks and scythes be provided and sent to the Scottish army in Ireland.
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The estates of parliament, presently convened by virtue of the last act of the last parliament held by his majesty and three estates in 1641, considering that it is against all equity and reason that the vassals, cautioners and true and real creditors of any persons of whatsoever quality that be forfeited in this present parliament or at any time hereafter should be prejudiced by the forfeiture of the said persons of their right of property of any lands, wadsets and others held by them of the said forfeited persons or of the payment of their just debts and relief of their true and real cautionaries, for payment and relief whereof the said forfeited persons stand obliged, the said vassals, creditors and cautioners respectively aforesaid not being art, part, accessory to nor assisting the crimes for which the sentence and doom of forfeiture is or shall be determined; therefore the said estates find, determine and declare that the vassals of any person or persons of whatsoever quality who are or shall happen to be forfeited in this present parliament or at any time hereafter for whatsoever cause, ground or occasion whereupon sentence and doom of forfeiture shall be given and pronounced against them, shall not be prejudiced anent their right and property of the lands, annualrents, wadsets and others held by them of the said forfeited persons, but that the said vassals shall be in same case and condition with those who come in the right and place of the said forfeited persons as the said vassals were with the superiors of the same forfeited persons before the doom and sentence of forfeiture, the said vassals in no way being art, part, accessory to nor assisting the aforesaid forfeited persons in the committing of the crimes or deeds for which the sentence or doom of forfeiture is or shall be given against them as said is. And also find and declare that the true creditors and cautioners of the said forfeited persons or those who have any part of their fines assigned to them by the public shall in no way be prejudiced by the aforesaid forfeiture anent the payment to the said creditors of their real, just and true debts owing and assigned to them and anent the said cautioners' relief of their just and true engagements and cautionaries, but that the said cautioners and creditors respectively shall have action and execution for their payment and relief respectively against the lands and estates of the debtors of the forfeited persons likewise and in the same manner as if they had not been forfeited, providing that the said creditors and cautioners have not been art, part, accessory to nor assisting the said forfeited persons in the committing of the crimes for which they are or shall be forfeited; with provision that they be vassals, creditors and cautioners before the committing of the crimes whereupon the forfeiture follows.
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The estates of parliament, presently convened by virtue of the last act of the last parliament held by his majesty and three estates in 1641, considering that all the sums of money due and indebted by heritable bond or wadset or moveable bond or otherwise to Ludovic Lindsay, sometime earl of Crawford, Patrick Ruthven, sometime earl of Forth, and Mr James King, sometime lord Eythin, do now appertain to the public and are ordained to be applied for payment of the public debts by virtue of the sentence of forfeiture pronounced against them upon 26 July; and also considering that the debtors of the said sums at the time when they shall pay these sums to the use of the public will require back again their own bonds or other sureties given by them to the said forfeited persons, which will be impossible to be done in respect that the said forfeited persons have the said bonds and other sureties themselves, therefore it is statute and ordained by the estates of this present parliament that a discharge to be granted by the estates of parliament or by the convention of estates or their committees respectively to any of the debtors of the aforesaid forfeited persons, principal or cautioners for any sums of money which shall be paid by them or any of them to the use of the public, shall be in all time coming as valid a liberation to the said debtors and to their lands and heritages wadset for the said sums (if there be any) as if the principal bonds and other sureties were redelivered to the said debtors and cautioners aforesaid, and as if the said forfeited persons were deprived in a fit way of the said rights. So that it is hereby declared that the said debtors and cautioners shall never be troubled in judgement nor outwith in time coming by the said forfeited persons nor any other having right flowing from them for the sums of money aforesaid, and declare the said bonds and other securities whatsoever to make no faith in judgement nor outwith the same 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 honourable estates of parliament, the humble petition of John, lord Balmerino, humbly shows that whereas I have of late, beside my former engagements in public burdens with others, borrowed great sums of money upon my own private surety for which I pay annualrent and laid them out for the public use of the kingdom, extending to the sum of 40,000 merks Scots money according to the particular acts and warrants thereof; and seeing I am now, God willing, going to the kingdom of England in obedience of your commands, my humble suit is that by order of parliament I may be paid of the said sums out of the first and readiest monies that shall be got in for the use of the public. Which supplication, being read in audience of the parliament and the same, with the desire thereof, taken into consideration by the estates of parliament, the said estates of parliament remit and recommend to the committee of estates to see the instructions of supplication of the said John, lord Balmerino above-written, and the same being instructed, the estates of parliament ordain the Lord Balmerino to be paid of all the sums of money that shall be instructed by the committee of estates to be resting by the public to him and that out of the first and readiest sums of money which were resting and owing to Patrick Ruthven, sometime earl of Forth, by any debtors within this kingdom and their cautioners and which now pertains to the public by virtue of his forfeiture; and failing thereof, out of the readiest of any other sums and monies pertaining to the public.
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The estates of parliament have remitted and remit the letter from the committee in England and from the Scottish army in Ireland, with all other prior letters that have come from them, to the committee of estates to be answered by the said committee.
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The report of the committee appointed for trying the incendiaries and plotters, dated 28 February 1642 and subscribed by Mr David Hay, clerk to the said committee, being produced in parliament and publicly read in audience thereof, and the same heard and considered by the estates of parliament, the said estates find that the said commissioners have done their duty and deserve exoneration and approbation relating thereto, which the estates grant to the commissioners and also to Sir Thomas Hope [of Craighall], his majesty advocate, and to the procurators for the estate and clerk of the said committee. And the estates recommend to the committee of estates' consideration what recompense the clerk of this committee shall have for his bygone pains and service.
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The estates of parliament, having heard and considered the supplication of the noblemen, gentlemen and whole inhabitants of the sheriffdom of Berwick desiring the account of the victual and money furnished by them to the army to be taken in and allowed and warrant given for payment thereof, and the lent money and excise within the shire employed for their satisfaction, and, in the meantime, a precept given for payment of £10,000 Scots in part payment, as the supplication purports; the said estates remit the aforesaid supplication and desire and merits thereof to the committee of the estates of parliament, to be considered and determined by them.
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The estates of parliament, having heard and considered the supplication given in by Sir Frederick Hamilton, knight and colonel, after the same was read in audience of the parliament, they have remitted and remit the same to the consideration of the committee of estates, to be considered by them.
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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, having heard and considered the supplication given in by Alexander, earl of Eglinton craving payment of the sums of money disbursed by him for advancement of the public service, according to his accounts thereof, have remitted and recommended and hereby remit and recommend the same supplication and desire thereof to the committee for the common burdens of this kingdom, to be considered and determined by them as they after consideration and trial shall find just and reasonable for the earl's satisfaction.
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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 the noblemen, commissioners of barons and burghs presently convened in this high court of parliament, humbly shows I, your servant, Sir Alexander Gibson of Durie, knight, clerk register, that where in the last expedition made into England in 1640 I was commissary-general to the army, colonel of the regiment of the guard and captain of the company of the college of justice, and exercised all the said places during the time of that service, for which I did behave myself with such cheerful affection that I spared no pains to my body nor expense to my estate but heartily engaged all my best endeavours for advancement of the good cause and glorious work then in hand, in respect of which I remit myself to your honours' own knowledge and to the testimony of all those who were then present. And now seeing after four years of examination of all accounts the same are now fully fitted and a discharge granted to these subcommissioners who under me did intromit with the total money and provision (it being true that I did never actually intromit with any thing myself but by my deputes who have made account) and that I have neither received approbation and exoneration for my service nor yet allowance and pay for my said places, which drew me to great expenses, lying yet heavily upon my estate, as I am able to qualify, therefore I humbly entreat this honourable house of parliament to take such course herein as they shall think expedient, that I may have exoneration and approbation of my service, with such pay, allowance and recompense for all my said places as your honours shall please to appoint, and your honours' answer humbly I seek. Which supplication, being read in audience of the parliament and the same, with the desire thereof, heard and considered, the estates of parliament remit and recommend the supplication above-written and the merits thereof to the committee of the estates of parliament, with power to them to grant exoneration, approbation and payment of bygone arrears to the said lord register, supplicant, as the committee shall think fit; and also with power to the committee to consider if the supplicant shall have any recompense and to determine what the same shall be as the committee shall think expedient.
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The estates of parliament, considering that they by ordinance of parliament of 2 July instant ordained John Brown of Mollance to be put to liberty out of the tolbooth of Edinburgh where he remained there incarcerated, he acting himself and finding caution for his appearance before the estates of parliament or convention of estates or their committees anent his past carriage in the late southern invasion and for his good behaviour in time coming and peaceable carriage, and that for obedience of the said ordinance and according thereto the said John Brown has produced a bond subscribed by himself as principal and by Thomas Lauderdale of St Mary's Isle and William Brown of Farhead, his cautioners jointly and separately, to the effect above-specified under the pain of 3,000 merks Scots money on every occasion for each failure as the pain modified and specified by the estates of parliament in their said ordinance, which bond is dated the 24 July instant. Therefore the said estates of parliament allow and approve of the said John Brown of Mollance's liberty and freedom out of the tolbooth of Edinburgh granted to him upon the warrant and order of the committee appointed for regulating processes of those cited to the parliament, and interpose the authority of parliament thereto for the said John Brown's liberation out of the said ward, for the which this act shall be a sufficient warrant.
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The estates of parliament, having read and considered the supplication given in by Sir William Scott of Harden, for himself and in name of the other heritors and inhabitants of the sheriffdom of Selkirk and bailiary of Lauderdale, desiring payment of the sums due to them for quartering soldiers and otherwise disbursed for the public, as the supplication bears, the said estates have remitted and remit the consideration of the aforesaid supplication and desire thereof to the committee of of the estates of parliament, to be considered and determined by them.
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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: The humble petition of free royal burghs of this kingdom to the right honourable lords and other commissioners of this present parliament, humbly shows that whereas in the late treaty between the kingdom of England and this kingdom anent the losses sustained by this kingdom, the sea loss was accounted as a great part, and as the same given in at the same time to the parliament of England did extend to above the sum of £102,700 sterling, in consideration thereof there was then granted for the brotherly assistance the sum of £300,000 sterling, of the which sum there is yet unpaid a great part. Therefore the said commissioners of burghs do humbly beg at your hands to be pleased to modify and sequestrate a certain part of the said brotherly assistance yet resting owed as said is for recompense to them of their great losses sustained by them the time of the said late troubles by sea as said is, and to ordain all these to use and carry out their probation of their particular sea losses who have not already used and brought in the same before [...] August 1643 last, and your lords' answer humbly we seek. Which supplication being read in audience of the parliament and the same, with the desire thereof, heard and considered by them, the said estates ordain the sum of £15,000 sterling out of the brotherly assistance granted by the parliament of England to the parliament of Scotland yet resting owed to be sequestrated and put in the hands of Sir John Smith [of Grotehill], provost of Edinburgh, for the use and relief of the aforesaid whole sea losses within this kingdom and for defraying and repairing the same sea losses; and to the effect that the same sea losses may be made constant and known, the said estates ordain all those who have not already carried out probation of their said sea losses to lead and carry out probation thereof for instructing the same before the committees of estates of parliament residing at Edinburgh, that after probation and instruction of the aforesaid whole sea losses, the same losses being thereby made constant as to what the same extends to, the said sum of £15,000 sterling hereby ordained to be sequestrated as said is may be made use of for repairing and making up the same sea losses so instructed in a proportional way to the parties damnified according to the quantity of their several sea losses and as the same is instructed and shall be proven by them as said is; and to the effect the aforesaid sum of £15,000 sterling may be put and sequestrated in the hands of the said Sir John Smith in manner and for the cause before ordained, the said estates of parliament ordain the committee for the common burdens of this kingdom to grant commission and warrant to the said Sir John Smith, or any other having his power and order, to uplift and receive from the parliament of England, or such as have order from them for payment of the brotherly assistance, the aforesaid sum of £15,000 sterling out of the brotherly assistance and to be answered and paid of the same £15,000 sterling to the effect before rehearsed.
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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: My lords and others of the estates of parliament, humbly means and shows Patrick, lord Elibank that where I have advanced and lent for the use of the public various and sundry sums of money at various and sundry times, as the acts and warrants granted to me thereof at length bears, and seeing the said sums were borrowed by me and for which I have ever paid and pays annualrent, as the several discharges given to me by my creditors of the said annualrents of the said sums bears, of all equity and reason I ought to be refunded and paid of the same whole sums. Therefore I beseech your lords and whole estates aforesaid to have consideration of the premises and to recommend the same to the committee of parliament appointed and nominated by your lords, that they may take course and order for satisfying and paying me of the said sums and all bygone annualrents thereof, and your lords' answer, as the supplication bears. 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 have remitted and recommended and hereby remit and recommend the aforesaid supplication and desire thereof to the committee of the estates of parliament, to be taken into consideration and answered by them.
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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, having heard and considered the report made in audience of the parliament by John [Campbell], earl of Loudoun, lord high chancellor of Scotland, for himself and for Archibald [Campbell], marquis of Argyll, John [Maitland], earl of Lauderdale and Sir Alexander Gibson of Durie, clerk register, anent the commission granted to them by the 52nd act of the last parliament for revising and making up an inventory of the whole registers and records of parliament in manner specified in the aforesaid commission, find that in respect of the great distractions and troubles of the time the said commissioners could make no considerable progress in the discharge of the aforesaid commission and that some of the registers and records were so mouldy, worn and spilt that sundry thereof were already in such a case as they could hardly be read; and herewith also considering that it is declared by the king's majesty and estates of parliament in the aforesaid commission that the same was in no way prejudicial to the clerk register for receiving, keeping and using the said registers and keys thereof in the meantime, according to his right and place, therefore the said estates of parliament ordain the keys of the charter house of the castle of Edinburgh, where the registers and records of parliament are, to be delivered to the said Sir Alexander Gibson, clerk register, by the said John, earl of Loudoun, high chancellor of Scotland, in whose custody the same keys are, and ordain the clerk register to revise and make up an inventory of the aforesaid whole registers and records and to do every other thing for the safety and preservation of the same as is appointed to be done by the aforesaid commission and as he will be answerable to the king's majesty and estates of the kingdom according to his bound duty and the right of his place. As also ordain him to report his diligence thereupon with an inventory of the aforesaid registers and records of parliament (as is appointed by the said commission) to the estates of parliament at the next session of parliament as he will be answerable to the king's majesty and estates of parliament as said is.
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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, being informed that upon the high streets of sundry of his majesty's burghs royal there are many ruinous houses not inhabited these various years bygone and not likely to be repaired by any, and that in the public view of all people resorting to the said burghs, to the opprobrium thereof and common scandal of this kingdom as being defective of all policy and good order, therefore the said estates ordain the provost and bailies of the burgh where such ruinous houses are to cause warn and charge all persons that have or pretend right to the property of such lands and buildings or any annualrents forth thereof to cause build and repair in a decent way within a year and a day such houses and buildings as have been these seven years bygone [laid] waste and not inhabited, or else to sell the same to others to be built within the same space of a year and a day, and to charge all known persons personally or at their dwelling places and by open proclamation at the parish kirk or market cross of the burgh and all others by open proclamation at the said market cross and parish kirk, and in case of their absence out of this realm, at the cross of Edinburgh and pier and shore of Leith upon 60 days' [warning]. With certification to them if they fail, the said provost and bailies shall cause the said lands and tenements to be valued by certain persons to be chosen and sworn by them for that effect and sell the same lands to any person that will buy them and pay the same price thereof to the owners of the same if they be known, and if they be not known, to consign the prices thereof in the hands of the provost, one of the bailies or dean of guild of the said burgh to be forthcoming to those that have interest thereto; and if no man will buy them, it shall be lawful to the said provost and bailies, after apprising thereof as said is and payment or consignation of the same prices, to cast down the said ruinous houses and cause build the same anew. Likewise the said estates declare that it shall not be lawful in time coming to any manner of person to pursue them or their successors thereof, nor pretend any right or interest thereto in time coming, and the said right to be a perfect security to the builders thereof and their successors for possession in perpetuity. As also the said estates declare that all such houses and lands as shall lie waste and not inhabited the space of three years together hereafter shall be in the same case.
[1644/6/266]*[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: To the right honourable the estates of parliament, John Hamilton of Boghall humbly shows that at his great charge, having made an adventure to the West Indies for the credit and benefit of the country by exporting commodities that could be spared and returning a great quantity of tobacco this last year, and expecting all due encouragements for the advancement of this adventure, nevertheless he was so far disappointed that of all the tobacco of the kingdom, only his was excised and paid for 100,000 weight thereof, which obsequious behaviour in him turned to his great loss by the fraudulent carriage of some sellers of tobacco, who, under colour of your petitioner's warrant, did sell their tobacco unexcised and made the most part of his tobacco lie unprofitable in his hands. And because this high court has made an act to forbear the excise until after August next, I am persuaded your honours will be careful to keep me from suffering upon occasion of any prejudice to the public orders and grant me the favour which disobedients do enjoy. And therefore my humble desire is that since I have already paid excise for 100,000 weight tobacco and no excise is to be exacted until after August next, that after that time I may have warrant to sell 100,000 weight of tobacco without payment of excise, which in equity appears very reasonable in respect, at the desire of the estates, I have made a new adventure this year. Which supplication, being this day read in audience of the parliament and the same, with the desire thereof, heard and considered by the estates of parliament, the said estates remit the aforesaid supplication and desire thereof to the committee appointed for the excise, to be heard and considered by them, and ordain that committee to take such course anent the desire of the aforesaid supplication and the supplicant's satisfaction therein by the advice of the committee of estates of parliament as shall be thought just and expedient by them.
[1644/6/267]*[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, by William Baillie of Letham, lieutenant general of the foot of the army in England, making mention that the auditors appointed for hearing and considering the account of his bygone pay as general major for the time of the first expedition to England from 1 August 1640 to 25 August 1641 found due to the supplicant of his said pay the sum of £2,973 10s 8d, whereof the committee for the common burdens did allow and ordained the supplicant to be paid of the said sum, subtracting the sum of £144 13s 4d for the price of a dozen Turkey† chairs and a reposing chair of the furniture that came from London pertaining to the public, whereupon the said committee granted warrant and precept for payment to the supplicant of the sum of £2,828 15s 4d, which £2,828 15s 4d is not yet paid, and therefore desiring the estates of parliament to give order for present payment to the supplicant of the same sum of £2,828 15s 4d, as the said supplication purports. Which supplication being this day read in audience of the parliament and the same and desire thereof aforesaid, with the providing of a regiment for the said William Baillie of Letham, lieutenant general of the foot aforesaid, and the granting of a recompense to him of his bygone service in the first expedition to England, being taken into consideration by the estates of parliament, the said estates recommend and remit to the committee of estates residing at Edinburgh to take course and give order for making payment to the supplicant of his said bygone arrears and and providing of a regiment for him and anent what recompense is to be given to him for his bygone service in the aforesaid first expedition to England.
[1644/6/268]*[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, considering that his majesty, by contract passed between his majesty, with consent of the commissioners of his majesty's treasury, comptroller, collector and treasurer of new augmentations and of the other lords of his majesty's exchequer, on the one part, and his majesty's trusty cousin and councillor, William, earl of Morton, lord Aberdour, on the other part, of the date at Oxford and Holyroodhouse, 15 June and 10 July 1643, registered in the books of exchequer upon 31 July 1643, have alienated, wadset and conveyed to the said William, earl of Morton and to his male heirs, of tailzie and assignees contained in the infeftments of the lordship of Aberdour heritably all and whole the earldom of Orkney and lordship of Shetland, with all lands, lordships, baronies, isles, castles, towers, manor places, woods, fishings (as well of salmon as other fishings), mills, multures, mill-lands, yards, orchards, parks, fences, freedoms, grassums, for-entres, towns, burghs, annualrents, ferms, duties, feu ferms, with all lands called udal-lands† within the said earldom, lordship and isles of the same, with all and sundry privileges, casualties and commodities pertaining thereto either by sea or land, with tenants, tenancies and service of free tenants as well to burgh as land, teinds great and small, teind duties, kirks, patronages, parsonages and vicarage thereof, customs great and small, with the heritable offices of justiciary, sheriffship and foudery†within the said earldom, lordship and isles belonging thereto, with the office and jurisdiction of commissariat and right of admiralty, bailiary and other liberties, privileges, fees, casualties and others mentioned in the said contract in manner specified therein under reversion to his majesty and his successors by payment to the said William, earl of Morton and his aforesaids of the sum of £30,000 sterling in manner specified in the said contract, and in that particular matter his majesty promised in the first word to dissolve, with consent of the estates of parliament, the said earldom of Orkney and lordship of Shetland, with the whole lands, kirks, teinds, patronages, offices and others aforesaid from his majesty's crown and patrimony thereof, and from all acts of annexation annexing the same or any part thereof thereto, to the effect his majesty may alienate, wadset and convey the same to the said earl and his aforesaids heritably to be held of his majesty and his successors in free blench for payment of one silver penny, with 16 pound weight of bullion to be paid to the masters of his majesty's mint-house present and to come, with the sum of £1,600 money of this realm to the ministers of Orkney yearly, and also furnishing to his majesty and his successors hawks yearly or paying to his majesty's falconers for their charges in uplifting of hawks yearly the sum of £235 13s 4d, in manner specified in the said contract, which is registered as said is, as the same of the date aforesaid, containing various and sundry other heads, articles, clauses and conditions conceived in favour of the said William, earl of Morton and his aforesaids, at more length purports. According to which contract and by virtue of a charter under the great seal granted by his majesty of the date at Oxford, 15 June 1643, his majesty, with consent of the commissioners of treasury, comptroller and treasurer of new augmentations and other lords of his majesty's exchequer, has given, granted and conveyed to the said William, earl of Morton and his aforesaids heritably all and whole the said earldom of Orkney and lordship of Shetland, with all lands, lordships, baronies, isles, castles, towers, manor places, woods, fishings, mills, mill-lands, multures, yards, orchards, parks, fishings, fences, udal-lands and others respectively above-specified, with the pertinents, parts, pendicles, tenants, tenancies and service of free tenants thereof, with the aforesaid offices of heritable justiciary, sheriffship, bailiary, commissariat and admiralty and others respectively mentioned in the said charter and infeftment. Therefore the estates of parliament have ratified and approved and by this act ratify and approve the aforesaid contract and charter and infeftment granted to the said William, earl of Morton and his aforesaids thereupon of the aforesaid earldom of Orkney and lordship of Shetland and others respectively, particularly and generally mentioned in that particular matter, with the precept and instrument of sasine following thereupon in all and sundry heads, articles, clauses and circumstances thereof, and will and grant and also decree and ordain that the aforesaid confirmation and ratification shall be as effectual, valid and sufficient as if the aforesaid contract, charter, infeftment and sasine following thereupon were word by word expressed herein, with the which, and with all that may follow thereupon, the estates of parliament have dispensed and by this act dispense for ever. And also the estates of parliament have dissolved and by this act dissolve all and whole the aforesaid earldom of Orkney and lordship of Shetland, with all and sundry lands, lordships, baronies, isles, castles, towers, manor places, woods, fishings (as well of salmon as other fishes), mills, multures, knaveships, mill-lands, yards, orchards, parks, fences, liberties, grassums, for-entres, towns, burghs, annualrents, ferms, feu ferms and duties, udal-lands, privileges, casualties and commodities whatsoever pertaining thereto, as well by sea as land, tenants, tenancies, service of free tenants, as well to burgh as land, teinds great and small, teind duties, kirks, patronages, parsonages and vicarages thereof, customs great and small, bullion, offices of justiciary, sheriffship and foudery, bailiary and commissariat and admiralty, liberties, privileges, fees and other casualties particularly and generally above-specified and mentioned in the aforesaid contract, infeftment, charter and sasine following thereupon, and that from his majesty's crown and patrimony thereof and from all acts of annexation annexing the same or any part thereof thereto, to the effect the said William, earl of Morton and his aforesaids may possess the same heritably held of his majesty and his successors in free blench for payment of one silver penny at the feast of Whitsunday [May/June] in name of blench ferm, and also for payment of 16 pound weight of bullion to the masters of his majesty's mint-house present and to come, and of the aforesaid sum of £1,600 money aforesaid to the ministers of Orkney yearly, and also furnishing to his majesty and his successors hawks yearly or paying to his majesty's falconers for their charges in uplifting of hawks yearly the aforesaid sum of £235 13s 4d, and under reversion to his majesty and his successors by payment to the said William, earl of Morton and his aforesaids of the aforesaid sum of £30,000 sterling, according to the tenor of the aforesaid contract and charter and infeftment above-specified following thereupon in all points, and, if need be, they ordain a new infeftment to be passed and issued to the said William, earl of Morton and his aforesaids of the said earldom of Orkney and lordship of Shetland and others aforesaid contained in the aforesaid charter and infeftment to be held of his majesty and his successors in free blench and for payment of the duty above-specified.
[1644/6/269]*[print] [email] [cite] [preceding] [following]
The which day in presence of the estates of parliament compeared Sir John Smith [of Grotehill], provost of Edinburgh, in name of the town of Edinburgh, and produced the declaration underwritten, whereof the tenor follows: We, William [Douglas], earl of Morton, lord Aberdour etc. by this act declare that the contract passed between his majesty and us anent the earldom of Orkney and Shetland and my infeftment following thereupon passed the great seal and ratification thereof in parliament shall in no way be extended to any lands, teinds, superiorities, right, offices and others whatsoever belonging to the late bishopric of Orkney at the time of the late abolition of bishops passed in parliament in 1640 and 1641 and contained in the rights and infeftments granted by his majesty of the said bishopric and rents thereof to and in favour of the town of Edinburgh, nor to the tack of the same granted by his majesty to Robert Leslie, nor to the assignation of the said tack by the said Robert to the said town of Edinburgh, nor to the lands, offices and others whatsoever pertaining to the said bishopric at the time of the abolition thereof as said is and contained in the signature granted to the town of Edinburgh of the said rents, offices and others pertaining to the said bishopric as said is, which signature is superscribed by his majesty and docketed by [William Hamilton], earl of Lanark, of the date the [...] day of [...] 164[...], and with prejudice of the generality aforesaid to the commissariat of Orkney and Shetland, which at no time did belong to the earldom but did always pertain to the bishopric; which signature aforesaid and infeftments to follow thereupon in favour of the town of Edinburgh shall be in no way prejudiced by the aforesaid contract, infeftment and ratification in any sort; and for the more security we are content that this declaration be registered in the books of council and session, that executorials may be directed thereupon in the appropriate form, and for that effect constitutes [...], our procurators, in witness whereof we have subscribed this declaration which is written by Alexander Keith, servant to Mr Robert Gilmour, writer to his majesty's signet at Edinburgh, 22 June 1644 before these witnesses: signed thus, Morton, George Douglas, witness, William Cockburn, witness; and thereupon asked instruments and desired that the aforesaid declaration might be ordained to be inserted and registered in the books of parliament of this day and date, with the aforesaid ratification this day granted by the estates of parliament in favour of the said William, earl of Morton. Which desire the estates of parliament find reasonable and therefore ordain the aforesaid declaration to be inserted and registered in the books of parliament as is above-desired.
[1644/6/270]*[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, ratify and approve the charter and infeftment granted by his majesty under the great seal to his majesty's right trusty cousin and councillor, William, earl of Morton, lord Aberdour, and to his male heirs and assignees whatsoever heritably, of all and sundry the teind sheaves or parsonage teinds of the parish kirk and parish of Portmoak, lying within the diocese of St Andrews and sheriffdom of Fife, containing a gift of novodamus with sundry liberties and privileges to be held of his majesty and his successors in free blench ferm for payment of the blench duty mentioned in the said charter, which is of the date at Bevere, 1 August 1636, with the precept and instrument of sasine following thereupon, in all and sundry heads, clauses, articles and circumstances whatsoever of the aforesaid charter, infeftment, precept and instrument of sasine above-specified; and will and grant and also decree and ordain that the aforesaid confirmation shall be as sufficient to the said William, earl of Morton and his aforesaids as if the said charter, precept and instrument of sasine were word by word expressed herein (albeit the same be not so done), with the which, and with all that may follow thereupon, the estates of parliament have dispensed and by this act dispense for ever. And also will, ordain and declare that the aforesaid charter, precept and instrument of sasine shall be good, valid, effectual and sufficient rights and titles to the said William, earl of Morton and his aforesaids for possessing and enjoying the aforesaid teind sheaves or parsonage teinds of the aforesaid parish kirk and parish of Portmoak contained in the aforesaid charter and infeftment heritably and perpetually in all time coming, according to the tenor of the aforesaid charter, precept and instrument of sasine above-specified in all points, notwithstanding of whatsoever impediment, act, statute or objection made or to be made in the contrary.
[1644/6/271]*[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, considering that his majesty, by his charter and infeftment under the great seal of the date at Oxford, 28 November 1642, gave, granted and conveyed to his majesty's daily servant, Patrick Maule of Panmure and to his heirs and assignees whatsoever heritably and irredeemably all and whole the lands, lordships, barony and regality of Arbroath, with the pertinents and others belonging to the late abbacy thereof, comprehending the burgh of barony and regality of Arbroath with the particular lands, baronies, annualrents, mills, multures, woods, fishings, patronages, kirks, teinds, manor places, houses, buildings, yards, orchards, annexes, connexes, dependencies, tenants, tenancies, service of free tenants thereof and others mentioned in the said charter and infeftment, with the right of the nomination of the bailies of Arbroath, one or more, and place of vote and suffrage for electing the rest of the bailies and other office bearers within the burgh of Arbroath, with the feu and blench duties, teind duties and other duties, customs and casualties of the said lands, lordship, barony and regality of Arbroath, containing also a gift of novodamus with a union of the whole in a free lordship, barony and regality and various other privileges and liberties to be held of his majesty and his successors in free barony and regality for payment of the sum of £200 usual money of Scotland yearly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] by equal portions, in manner specified in the said charter and infeftment and precept and instrument of sasine following thereupon; which infeftment proceeds upon the resignation of his majesty's daily servant, William Murray, one of his majesty's bedchamber, who was also infeft in the said lands, lordship and barony of Arbroath and others above-specified, with the pertinents, by virtue of a precept of sasine under the quarter seal proceeding upon a charter under the great seal granted by his majesty to the said William Murray thereupon of the date at Whitehall, 15 December 1641. Likewise in both the aforesaid charters and infeftments his majesty has promised to ratify them and either of them in his majesty's next parliament then ensuing and to dissolve and cause dissolve the said lands, barony and regality comprehending as said is from his majesty's crown and patrimony thereof to be held of his majesty and his successors in feu ferm and heritage in manner aforesaid. Therefore the estates of parliament have ratified and approved and by the tenor hereof ratify and approve the aforesaid two charters and infeftments and either of them, with the precepts and instruments of sasine following thereupon, in all and sundry heads, articles, clauses and circumstances thereof, and will and grant and also declare, decree and ordain that the aforesaid conformation shall be as valid, effectual and sufficient to the said Patrick Maule of Panmure and his aforesaids as if the said charters, infeftments, precepts and instruments of sasine and every one of them were word by word expressed herein (albeit the same be not so done), for the which, and with all that may follow thereupon, the estates of parliament have dissolved and by this act dissolve all and whole the aforesaid lands, lordships, barony and regality of Arbroath, with the pertinents, and feu mails and feu ferms of the same, kirks, patronages, teinds, annualrents, mills, multures, woods, fishings, tenants, tenancies and service of free tenants thereof and others respectively belonging or annexed thereto and contained in the aforesaid charters and infeftments or either of them from his majesty's crown and patrimony thereof, and from all annexations connecting the same or any part thereof thereto, and also from all benefices whatsoever to which the same pertained or were annexed to before; and give, grant and convey the same to the said Patrick Maule of Panmure, his heirs and assignees whatsoever heritably and irredeemably to be held of his majesty and his successors in feu ferm and heritage for payment to his majesty and his successors of the aforesaid sum of £200 money aforesaid yearly at Whitsunday and Martinmas by equal portions in name of feu ferm, and, if need be, ordain a new infeftment to be passed thereupon under his majesty's great seal in favour of the said Patrick Maule of Panmure and his aforesaids to be held of his majesty and his successors in feu ferm and heritage as said is. It is always provided and declared that this present ratification and dissolution contained therein and this whole present act and infeftments to follow hereon shall only be extended to the feu mails, feu duties, feu ferms, kanes, customs, teinds and teind duties and other duties contained in the infeftments granted to the feuars and tacksmen of the said lordship, and also to so many of them exclusively as were unconveyed at the date of the infeftments granted to the said laird of Panmure and the said William Murray, his author, and that the same nor no part of this present ratification nor infeftments to follow thereupon shall in no way be extended to the superiorities, nor to the right of the regality of the said lordship of Arbroath, nor to the right of the lordship or of the barony thereof, nor burgh of barony of Arbroath, nor to the liberty of nomination or voting in the electing of the magistrates or bailies, one or more, or other office bearers within the burgh of Arbroath, nor to the right of advocation and donation of the patronage of the kirks, for the which the said Patrick Maule of Panmure, his heirs and assignees shall be in the same case as they were before the date of this act and in no other way.
[1644/6/272]*[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 the report of the committee for processes of those cited to the parliament incarcerated and under caution to answer thereto anent the trial taken by that committee for the parties of John Maxwell of Holme, George Maxwell, brother to George Maxwell of Holme, John Maxwell, tutor of Carnsalloch, John Hairstains, Alexander Maxwell of Conheath, Alexander Maxwell of Castlemilk, James Gordon of Kirkmabreck, John Maxwell of Kirkconnel, James Maxwell of Brackenside, Robert Maxwell of Portrack, James Hairstains and Robert Maxwell of Carnsalloch concerning their carriage the time of the last invasion at Dumfries, the said estates, upon 25 July instant, granted liberty to the said John Maxwell of Holme, George Maxwell, James Gordon of Kirkmabreck and Robert Maxwell of Carnsalloch to go home, they and every one of them finding caution for their good behaviour in time coming, and that they shall appear before the parliament, convention of estates or their committees or secret council as they shall be cited thereto respectively for what shall be laid to their charges under the pains following, namely: the said John Maxwell under the pain of 10,000 merks Scots, the said George Maxwell under the pain of £10,000 Scots, the said James Gordon under the pain of 2,000 merks Scots and the said Robert Maxwell of Carnsalloch under the pain of 2,000 merks Scots. And also the said estates upon the day aforesaid confined the said John Maxwell, tutor of Carnsalloch, John Hairstains, Alexander Maxwell of Conheath, Alexander Maxwell of Castlemilk, John Maxwell of Kirkconnel, James Maxwell of Brackenside, Robert Maxwell of Portrack and James Hairstains to remain within Edinburgh and two miles about the same and not to go without that bounds, and the confinement to endure until the same be considered by the committee of estates, and ordained them and each one of them to find caution for that effect and for their and each one of their good behaviour in time coming. As also for their compearance before the parliament, convention of estates or their committees or secret council as they shall be cited for what shall be laid to their charges under the pains following, namely: the said John Maxwell, tutor of Carnsalloch, under the pain of 10,000 merks Scots, the said John Hairstains of Craigies under the pain of 10,000 merks Scots, the said Alexander Maxwell of Conheath under the pain of 10,000 merks Scots, the said Alexander Maxwell of Castlemilk under the pain of 10,000 merks Scots, the said John Maxwell of Kirkconnel under the pain of £10,000 Scots, the said James Maxwell of Brackenside under the pain of 5,000 merks Scots, the said Robert Maxwell of Portrack under the pain of 5,000 merks Scots and the said James Hairstains under the pain of 5,000 merks Scots. According thereto and for obedience of the which ordinance respectively above-written, compeared personally James Maxwell of Innerwick, one of his majesty's bed chamber, and became acted and obliged himself for the said John Maxwell of Holme, George Maxwell, John Maxwell, tutor of Carnsalloch, John Hairstains of Craigies, Alexander Maxwell of Conheath, John Maxwell of Kirkconnel, James Maxwell of Brackenside, Robert Maxwell of Portrack and Robert Maxwell of Carnsalloch, and each one of the said persons, to the effect respectively before ordained and under the pains respectively above-mentioned on every occasion, each one for their own parts in manner aforesaid. Likewise John Grierson of Chapell became acted and obliged as cautioner for the said James Gordon to the effect and under the pain above-written, and David MacBrair of Almagill [and Newark] became acted and obliged as cautioner for the said James Hairstains to the effect and under the pain above-specified, and Alexander Jardine of Applegarth became acted and obliged as cautioner for the said Alexander Maxwell of Castlemilk to the effect and under the pain above-rehearsed for his part, each one of the said cautioners under the pains and to the effect respectively above-mentioned on every occasion. Likewise all the said principal parties above-named became acted and obliged themselves and each one of them to the effect above-specified, and also to warrant and relieve their said cautioners for their becoming cautioners for them and of all damage and danger they shall happen to sustain and incur thereby.