On the forty seventh day of parliament
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Prayers said, rolls called.
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, considering that by the 28th act of the first session of this parliament entitled 'Commission to the committee of estates of parliament' there was a commission then granted by the parliament to the persons nominated therein giving power to them or their quorum in manner and to the effect particularly defined in the said commission and generally to do all and everything requisite anent the ordering and managing of all affairs and business which might conduce to the good and peace of the kingdom and promoting of the common cause as is expressed in the covenant and treaties, as the commission in itself more fully purports. And herewith also considering that the same cause not only still remains but is increased, which moved the estates of parliament in the first session of this parliament to grant the aforesaid commission, therefore the estates of parliament now convened do hereby nominate, authorise and appoint the persons following, namely: John [Campbell], earl of Loudoun, high chancellor of Scotland, Alexander [Leslie], earl of Leven, lord general, and James [Livingstone], earl of Callander, lord lieutenant general, as supernumerary in this commission for the nobility, and John [Lindsay], earl of Crawford and Lindsay, William [Keith], earl Marischal, John [Gordon], earl of Sutherland, William [Douglas], earl of Morton, [James Erskine], earl of Buchan, Alexander [Montgomery], earl of Eglinton, William [Cunningham], earl of Glencairn, John [Kennedy], earl of Cassilis, Charles [Seton], earl of Dunfermline, John [Lyon], earl of Kinghorn, James [Murray], earl of Tullibardine, Robert [Ker], earl of Roxburghe, Francis [Scott], earl of Buccleuch, [George MacKenzie], earl of Seaforth, William [Kerr], earl of Lothian, David [Carnegie], earl of Southesk, John [Wemyss], earl of Wemyss, William [Ramsay], earl of Dalhousie, James [Ogilvy], earl of Findlater, William [Hamilton], earl of Lanark, [Robert Arbuthnott], viscount of Arbuthnott, [James Crichton], viscount of Frendraught, John [Hay], lord Yester, John [Sinclair], lord Sinclair, Alexander [Elphinstone], lord Elphinstone, Robert [Balfour], lord [Balfour of] Burleigh, James [Elphinstone], lord Coupar, George [Forrester], lord Forrester, Thomas [MacLellan], lord Kirkcudbright, Alexander [Lindsay], lord Balcarres, [Andrew Fraser], lord Fraser, John [Hamilton], lord Bargany, Patrick [Murray], lord Elibank; Sir Patrick Hamilton of [Little] Preston, Mr Robert Meldrum of Burghlie, Sir John Sinclair of Herdmanston, Sir Robert Grierson of Lag, Sir William Carmichael [of Hyndford], Sir Thomas Nicolson of Carnock, Patrick Cockburn of Clerkington, Mr Alexander Belsches of Tofts, Sir William Cochrane of Cowdoun, Sir John Crawford of Kilbirnie, Mr Francis Hay of Balhousie, James MacDowall of Garthland, Sir William Forbes of Craigievar, John Brisbane of Bishopton, Sir John Hope of Craighall, one of the lords of session, Sir John Hamilton of Biel, Hugh Campbell of Cessnock, [Sir Alexander] Brodie of that ilk, Sir Alexander Erskine of Dun, Sir Arthur Erskine of Scotscraig, Sir Patrick Hepburn of Waughton, Sir Alexander Falconer of Halkerton, one of the lords of session, Mr George Winram of Liberton, Sir John Wauchope of Niddrie-[Marischal], Sir David Home of Wedderburn, Sir William Scott of Harden, William Scott of Ardross, Sir William Douglas of Cavers, sheriff of Teviotdale, Sir William Muir of Rowallan, Sir John Hamilton of Orbiston, justice clerk, one of the lords of session, [Sir Alexander] Shaw of Sauchie, [John] Udny of that ilk, Sir Archibald Campbell, and Sir Alexander Gibson of Durie, clerk register, and Sir Adam Hepburn of Humbie to be supernumerary in this commission for the barons; Robert MacKean, burgess of Edinburgh, Sir William Dick of Braid, Colonel James Rae, Archibald Sydserf, John Binney and James Stewart, burgesses of Edinburgh, Robert Arnott, burgess of Perth, Alexander Haliburton, burgess of Dundee, Mr Robert Farquhar [of Mounie] and Patrick Leslie [of Iden], burgesses of Aberdeen, Thomas Bruce [of Weltoun], burgess of Stirling, George Bell, burgess of Linlithgow, John Lepar and James Sword, burgesses of St Andrews, James Bell and George Porterfield, burgesses of Glasgow, John Kennedy, burgess of Ayr, Richard Chapland, burgess of Haddington, David Simpson, burgess of Dysart, James Law, burgess of Kirkcaldy, Thomas MacBirnie, burgess of Dumfries, George Jamieson, burgess of Cupar, Duncan Forbes, burgess of Inverness, Robert Tailor, burgess of Montrose, George Gardyne, burgess of Burntisland, Mr Robert Cunningham, burgess of Kinghorn, John Rutherford, burgess of Jedburgh, William Lyon, burgess of Brechin, William Glendinning [of Gelstoun], burgess of Kirkcudbright, Gideon Jack, burgess of Lanark, Mr John Douglas [of Moriston], burgess of Elgin, John Semple [of Stainflett], burgess of Dumbarton, Alexander Douglas [of Downies], burgess of Banff, Edward Edgar, burgess of Edinburgh, and James Pearson, provost of Dundee, supernumerary in this commission for the burghs, and these over and above the said John, earl of Loudoun, chancellor, Archibald [Campbell], marquis of Argyll, John [Maitland], earl of Lauderdale, John [Elphinstone], lord Balmerino, Sir Archibald Johnston of Wariston, Sir Charles Erskine [of Alva, Bandeath and Cambuskenneth], Mr George Dundas of Manor, Sir John Smith [of Grotehill], provost of Edinburgh, Hugh Kennedy, burgess of Ayr, and Mr Robert Barclay, burgess of Irvine, who are commissioners appointed by the parliament to go to London and are also to be upon this commission, as a committee of the estates of parliament to whom or quorum underwritten the said estates of parliament renew and hereby grant the same power, commission and warrant in all points, heads, clauses and conditions contained in the aforesaid 28th act of the first session of this present parliament then granted to the committee of estates of parliament and according to the tenor thereof in every head and article of the same, excepting only from the commission now granted by the estates of parliament to Archibald, marquis of Argyll, John, earl of Cassilis, John, lord Balmerino, Robert, lord Burleigh, Sir William Cochrane of Cowdoun and Mr George Dundas of Manor, Mr Francis Hay of Balhousie, Sir Michael Balfour of Denmilne, Sir John Smith, provost of Edinburgh, John Kennedy, burgess of Ayr, George Gardyne, burgess of Burntisland, William Glendinning, burgess of Kirkcudbright, (or any five of them, one being of every estate) and the lord chancellor, [John Lindsay, earl of Crawford Lindsay], president of parliament, and Sir Adam Hepburn of Humbie supernumerary in this commission as a committee of parliament for bringing in and distributing monies and for regulating the public accounts and burdens of the kingdom according to the commission granted to them relating thereto of the date hereof; with power and warrant thereby granted to them in manner and to the effect respectively contained therein, which commission and power thereby granted is expressly excepted from this commission granted to the said committee of estates. And further because there was a committee appointed by the estates of parliament to consider and try the yearly rent and worth of the lands and estates of forfeited persons, with the quality of the rents and duties thereof, whether victual, money or other duties and casualties, and to convert the victual and other duties (not being silver duty) into money and thereafter to try for buyers according to the rate and prices set down in the act of parliament of 20 February last, and also to consider and try the validity of the bonds, writs, rights and securities of the creditors and cautioners of the forfeited persons with the truth, reality and quantity of their debts and cautionary that dispositions might be granted to them of the forfeited estates at the price contained in the said act in satisfaction of their debts, and to do everything relating thereto as might best establish the truth and be most useful for the public, to whom power was also given to consider and try the rights and securities to have been given to them by the ladies and wives of the forfeited persons with their supplications craving the benefit of their rights notwithstanding the forfeiture of their husbands and what proportion should be given to these ladies and wives and upon what terms and conditions the same should be given to them, which trial and consideration, with the committee's opinion relating thereto, was ordered to be reported to the parliament or committee of estates after the parliament that thereafter such course might be taken concerning the same as the parliament or committee of parliament should think fit, as the act granted to the committee relating thereto of 28 February last, which commission is now expired. Therefore the estates of parliament renew and hereby grant and add the aforesaid power concerning the estates of forfeited persons to the committee of estates now nominated, with power to them or their quorum aforesaid to do everything relating thereto as they shall think expedient and most useful for the public in the same manner as the parliament might have done if they were sitting, without prejudice always to the power contained in the aforesaid other commission granted to the committee for bringing in and distributing monies and regulating the public accounts and burdens of the kingdom, which, with the power contained therein, is excepted from this as said is. The estates likewise considering how necessary it is that a part of the aforesaid great committee of estates above-named remain with the army in England and another part with the army within the kingdom and a third part thereof to stay at Edinburgh do therefore nominate and appoint William, earl of Morton, John, earl of Cassilis, William, earl of Lothian, John, earl of Wemyss, Alexander, lord Elphinstone, John, lord Balmerino, Robert, lord Burleigh, George, lord Forrester, John, lord Bargany, Patrick, lord Elibank, Sir Patrick Hamilton of Preston, Sir Robert Grierson of Lag, Sir William Carmichael, Sir Thomas Nicolson of Carnock, Mr Alexander Belsches of Tofts, Patrick Cockburn of Clerkington, Sir William Cochrane of Cowdoun, James MacDowall of Garthland, John Brisbane of Bishopton, Sir John Hope of Craighall, Hugh Campbell of Cessnock, Sir John Hamilton of Orbiston, Sir Archibald Campbell, Sir John Smith, provost of Edinburgh, Robert MacKean, Sir William Dick, James Stewart and John Binney, burgesses of Edinburgh, Thomas Bruce for Stirling, George Bell for Linlithgow, John Lepar, provost of St Andrews, James Bell for Glasgow, John Kennedy for Ayr, Richard Chapland for Haddington, George Gardyne for Burntisland, Mr Robert Cunningham for Kinghorn, William Glendinning for Kirkcudbright, Gideon Jack for Lanark and John Semple for Dumbarton, and they ordain all the other commissioners above-named who are not appointed to the committees underwritten, namely: for the committee that goes with the army in England and the committee that goes to the north with those that are in the commission to go to London, and those that are supernumerary to be upon this committee that resides at Edinburgh, as also upon the other two committees underwritten as they shall have occasion. Likewise they nominate and appoint John, lord Balmerino to be president of this committee residing at Edinburgh in absence of the lord chancellor, and in absence of them both they ordain this committee to choose a president or any seven of them (there being one of every estate) to be the committee to reside at Edinburgh, and do hereby authorise them with the full charge and whole power above-mentioned contained in the said former commission and now hereby added for all the affairs within the country except before excepted, and nominate and appoint Alexander, earl of Leven, lord general, James, earl of Callander, lord lieutenant general, Archibald, marquis of Argyll, Alexander, earl of Eglinton, James, earl of Buchan, Charles, earl of Dunfermline, William, earl of Dalhousie, John, lord Yester, Francis, earl of Buccleuch, John, lord Sinclair, James, lord Coupar, Thomas, lord Kirkcudbright, Sir William Muir of Rowallan, Sir David Home of Wedderburn, Sir John Wauchope of Niddrie-Marischal, Sir William Scott of Harden, Sir John Hamilton of Biel, Mr Robert Meldrum of Burghlie, Sir Patrick Hepburn of Waughton, Sir William Douglas of Cavers, sheriff of Teviotdale, Colonel James Rae, George Porterfield, burgess of Glasgow, Thomas MacBirnie, provost of Dumfries, John Rutherford, burgess of Jedburgh, James Sword, burgess of St Andrews, and David Simpson, burgess of Dysart, and appoint Archibald, marquis of Argyll to be president of this committee in absence of the chancellor, and in absence of them both, they order this committee to choose their own president, and Sir Adam Hepburn of Humbie to be at this or any of the other committees as he shall have occasion, or any five of them (there being one of every estate) to be the committee to remain with the army in England. They also nominate and appoint John, earl of Crawford, William, earl Marischal, John, earl of Sutherland, William, earl of Glencairn, John, earl of Kinghorn, James, earl of Tullibardine, George, earl of Seaforth, David, earl of Southesk, James, earl of Findlater, William, earl of Lanark, Robert, viscount of Arbuthnott, James, viscount of Frendraught, Alexander, lord Balcarres, Andrew, lord Fraser, Mr George Winram of Liberton, Sir Alexander Brodie of that ilk, John Udny of that ilk, Sir William Forbes of Craigievar, Mr Francis Hay of Balhousie, William Scott of Ardross, Sir John Crawford of Kilbirnie, Sir Alexander Erskine of Dun, Sir Alexander Falconer of Halkerton, Sir Alexander Shaw of Sauchie, Sir John Sinclair of Herdmanston, Sir Arthur Erskine of Scotscraig, Archibald Sydserf, burgess of Edinburgh, Robert Arnott, burgess of Perth, James Pearson, provost of Dundee, Alexander Haliburton, burgess there, Mr Robert Farquhar, burgess of Aberdeen, Patrick Leslie, burgess there, William Lyon, burgess of Brechin, Robert Tailor, burgess of Montrose, Mr Alexander Douglas, burgess of Banff, Mr John Douglas, burgess of Elgin, Duncan Forbes, burgess of Inverness, George Jamieson, burgess of Cupar, James Law, burgess of Kirkcaldy, and any one burgess that is upon the committee for the money, and they order John, earl of Crawford to be president in absence of the chancellor, and in absence of them both they order this committee to choose a president, and to meet at Perth on Friday 14 March instant, and Sir Adam Hepburn to be at this committee as he shall have occasion, or any five of them (there being one of every estate) to be a committee to go along and remain with the army within the kingdom. Which two committees appointed for the army in England and the army within the country are hereby authorised with the government of the affairs of the armies respectively (except so far as concerns the power granted to the said committee for the monies, accounts and burdens as said is) and to give their best advice, counsel and assistance in what may conduce to the good and safety of the said armies, and they order all the said three committees to keep correspondence and intelligence with the others anent their proceedings and condition of affairs and to give their orders and conclusions in manner contained in the aforesaid former commission which is hereby renewed, providing that none of the committees enter in treaty anent the points and articles in question between his majesty and estates of this kingdom or between the kingdoms themselves without consent of a quorum of all three committees. And if any of the commissioners' places shall become vacant by death or otherwise, the estates grant power to the rest of the quorum of that committee to make choice of any other of that same degree to supply the vacant place. And they grant power likewise to the said committees and each one of them as they shall have occasion to convene such noblemen, barons and burgess for their advice and assistance as they shall think fit, and if any matter of importance does occur that requires the resolution of the estates, in that case the committee remaining at Edinburgh has hereby power to call the estates of parliament. And the estates order the said commissioners at their first meeting to accept the commission and give their oaths for faithful discharge of the trust committed to them and to fine such of their number as shall not give diligent attendance at their meetings. And the estates declare that the general officers of the armies and William Thomson, deputy to the treasurer of the army, are hereby privileged to be present in all the said committees as they shall have occasion, and also it is hereby declared that the whole persons authorised in commission to the kingdom of England and every one of them shall have place and vote in all the said three committees as they shall happen to be present; and the estates hereby hold firm and stable whatsoever things the said commissioners or quorum aforesaid shall do in manner and for the ends contained in this and the other commission to which this is relative and according to the power contained therein, they being answerable to the parliament for their proceedings in the aforesaid commission and committees respectively above-written, which is to endure to the next session of parliament. And the estates add this power to the commission, namely: to exact three dollars from every nobleman, two dollars from every baron and one dollar from every burgess for each day's absence from the committee within the times divided and appointed for their individual attendance accordingly as shall be decided by the said committee. With power also to the committee to depose such as they shall think fit for not attending and keeping the diets of the commission and to put others in their place.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, having taken into their consideration how necessary it is for the advancement of the public affairs of the kingdom and for the proper ordering and regulating of the matter of monies and public accounts that a select committee be nominated, authorised and entrusted by the parliament for ordering and regulating all the public accounts, debts and burdens of the kingdom and for bringing in of monies and other provision and distributing the same for maintenance and support of the armies and for the other public and necessary affairs of the kingdom according to the commission after-mentioned, therefore the said estates of parliament hereby nominate, authorise and appoint the persons following, namely: Archibald [Campbell], marquis of Argyll, John [Kennedy], earl of Cassilis, John [Elphinstone], lord Balmerino, Robert [Balfour], lord [Balfour of] Burleigh for the noblemen; Sir William Cochrane of Cowdoun, Mr George Dundas of Manor, Mr Francis Hay of Balhousie, Sir Michael Balfour of Denmilne for the barons; Sir John Smith [of Grotehill], provost of Edinburgh, John Kennedy, burgess of Ayr, George Gardyne, burgess of Burntisland, and William Glendinning [of Gelstoun], burgess of Kirkcudbright, for the burghs; and John [Campbell], earl of Loudoun, chancellor, John [Lindsay], earl of Crawford Lindsay, president of parliament, and Sir Adam Hepburn of Humbie, commissary-general, supernumerary in this commission, to whom (or any five of them, there being one of every estate) the estates hereby grant full power and commission to prosecute the ways and means already laid down for bringing in monies for the use and maintenance of the armies within this kingdom and for such other necessary and urgent public affairs thereof as shall occur, and for that effect to prosecute and follow forth the course already established by the act of parliament for borrowing of money and to grant and subscribe public acts and securities for the same, according to the order formerly established and observed, and to call for all bygone sums determined already and not paid and to cause execute these decreets, and to assist the general collector in calling in the monies and sums imposed upon the several shires and burghs of this kingdom for the maintenance of the armies, according to the act of maintenance passed in this present session of parliament, and to call in the accounts of the rents, sums, goods and others belonging to all malignants and forfeited persons together with all other accounts concerning the public and to close, allow, control or disallow thereof as they shall find the same just and reasonable, and to give commissions for uplifting and intromitting thereupon and to take security for the same and to call for payment and account of all receipts and debts indebted and due by any person to the public; and with power to them to direct such orders, letters and execution as shall be necessary for bringing in the said monies, accounts, receipts, rents and other goods aforesaid belonging to the public and to pronounce decreets and sentences relating thereto and cause put the same to execution, and to put the whole accounts and debts of the kingdom in such order as the debts and burdens of the public may be known. And for the better clearing and regulating of the said public accounts and debts of the kingdom, with power to the aforenamed persons or their quorum aforesaid to call for inspection of the registers, records and warrants of all other committees to the effect that all receipts may be exactly extracted forth thereof and the persons liable therein may be made accountable for the same; and with power to them to call for and receive the warrants of all former accounts already passed by the parliament or their committees. Likewise the said estates of parliament hereby commit and entrust to the aforesaid committee the sole and only power of disposing and distributing all monies which shall come in and be due to the public, together with all the rents and duties of lands, sums of money, moveables and others belonging to malignants and forfeited persons, with all fines and prices of forfeited lands and others whatsoever pertaining to the public and to employ the same in the first place for the maintenance and support of the armies within this kingdom in manner after-mentioned, and for that effect they grant to them the sole and only power to give out and subscribe precepts for the pay and maintenance of the armies and for intelligence posts, buying of arms and ammunition, the train of the artillery, carriages and such other pressing and urgent affairs as concerns the equipping, expedition and maintenance of the armies only, and ordain every precept to be subscribed by a full quorum of the said committee at the least, which persons as subscribers thereof shall be answerable to the parliament that they subscribe no precepts but for the causes aforesaid until the affairs and maintenance of the armies are first dispatched and satisfied; for which if the said committee contravenes and fails, the said estates of parliament hereby declare and ordain the subscribers of the said precepts to be liable in repayment to the public of all such sums for which they shall draw precepts for any other cause until first the affairs and maintenance of the armies be satisfied. With power to the said committee in the next place to dispose and grant precepts upon borrowed monies and the excise monies for other necessary uses, the army being first paid and supported, excepting always these particulars contained in the act of parliament, which are ordained to be first paid out of the excise, as well burgh as landward; and they order them frequently to consider the estate of the public cash and what monies are therein from time to time and to draw no precepts unless there is money in the cash to satisfy and answer the same. Likewise the said estates order the aforesaid committee in their distribution and ordering of the payment of monies for the armies to distribute the same equally and to take such constant course as all regiments of foot and horse be put and kept in equality, either in money, supply of food or other provision according to their strength and muster rolls being mustered, as is provided in the act of maintenance; and so that both officers and soldiers of the armies may know their own proportion due to them for all monies to be paid to them, it is ordered that all precepts be directed by the said committee for that effect shall bear in conclusion what proportion of the sums contained in the precept is allowed to be paid to the officers and what proportion thereof to the soldiers of the regiment, troop or company for which the said precepts are granted; and where matters of difficulty or importance shall occur, the said estates of parliament order the committee of estates to give their advice to the aforesaid committee hereby appointed as they shall necessarily desire the same. And because the subjects above-written of the matters of money, accounts and debts of the kingdom will necessarily require constant and continual attendance and great care and pains to be taken by the members thereof for the exact management and regulating of the same subjects hereby entrusted to them, therefore the estates declare that at their next meeting they will take to special consideration their pains and charges and give to them present allowance for defraying the same. And the said estates order that the clerk is to be appointed by [Sir Alexander Gibson of Durie], clerk register, for this commission shall have the trust and keeping of the receipt books and of all accounts, instructions and warrants thereof which concern the public. And if any of the said commissioners' places shall happen to become vacant by death or otherwise, the rest of the quorum, with advice of the committee of estates, shall have power to make choice of others of that same degree to supply the vacant places, one or more. Which commissioners shall at their first meeting accept this commission and give their solemn oaths for the faithful discharge of that trust hereby committed to them, and shall have power to fine such of their numbers as shall not give diligent attendance and which commissioners shall be answerable to the parliament for their proceedings, fidelity and attendance in this commission, which is to endure to the next session of parliament. And the estates declare that the securities to be granted to the lenders of money by order of the aforesaid committee sitting at Edinburgh shall be sufficient being subscribed by five, there being one for each estate, which is the quorum of the said committee, and the security to be granted to the lenders of money by order of the committee at the army or in the country shall be sufficient being subscribed by three of the said committee, together with any four of the committee of estates being at the army, there being one of every estate. And they declare this commission to be without prejudice to James Hamilton of Bogs and James Stewart anent their assignations of borrowed money formerly granted to them, they accepting deputations or precepts from [Sir Adam Hepburn of Humbie], commissary-general, for uplifting the monies contained in their assignations and giving bonds to be accountable to him, without prejudice of their assignation as said is.
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Anent the supplication given in to the estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, by Sir William Dick of Braid bearing that whereas upon supplication for swift relief of his heavy burdens in the public service there was a committee of three of every estate appointed to speak with the supplicant and to find out such reasonable ways as might best be conducive to the honour of this high court of parliament and supply his present necessity and danger of credit in the estates' service, who having met sundry times have unanimously for the most part resolved for the said supplicant's best satisfaction and report made by them of the same, yet no settled course has resulted from the several bodies of the estates for remedy of the supplicant's present distress, and possibly the time of this present session of parliament will now be very short and if before its rising no real comfort shall be given to him in his trouble, it had been far better never to have presented this supplication; and therefore desiring that the common course of justice may be granted to him in the execution of his bonds against the granters thereof for his debt and that the aforesaid committee may be ordained to settle his account at this term of Candlemas [2 February] 1645 and to give command and warrant to [Sir Alexander Gibson of Durie], clerk register, and his deputes that thereafter no suspension shall pass against the supplicant of that which shall be found to remain justly owing to him without real consignation, that the supplicant's debt to his creditors may be paid and his credit relieved, which he has employed willingly these last seven years in the service of church and estate without the least farthing of profit and advantage thereof, yea, to his heavy and unspeakable loss, danger and ruin, and your lordships' answer humbly I crave, as the supplication bears. Which supplication, with the desire thereof, together with the overtures and articles produced by the said committee and given in by the said Sir William Dick respectively anent the manner and ways of some present satisfaction and relief to the said Sir William, being read, heard and at length considered by the estates of parliament, they after voting agree and order as follows, namely: the estates of parliament order a letter to be drawn up from them to the parliament of England in favour of the said Sir William Dick for his ready payment of the £40,000 sterling remaining of the brotherly assistance due by the parliament of England at Midsummer 1642. They also order another letter to be written to the Scottish commissioners at London with particular instructions to them to speak and treat earnestly with the parliament of England for the said Sir William Dick's ready payment; and the estates hereby give warrant to [John Lindsay, earl of Crawford Lindsay], president of parliament, to subscribe the aforesaid letters and instructions in name of the estates of the parliament of Scotland. And they declare this act, with the aforesaid letters and instructions, to be without prejudice to the precepts formerly granted to Sir John Smith [of Grotehill] and Mr Robert Farquhar [of Mounie]. Item, the estates of parliament ratify and approve the warrant and act of parliament granted in July 1644 for his payment of the £11,000 sterling therein mentioned, so much thereof as is not yet paid to this effect following, namely: that the said Sir William Dick shall have all the lent monies to be borrowed for the use of the public within the bounds of Orkney, Shetland, Caithness and Sutherland, and that he shall have half of the lent monies to be borrowed for the use of the public within the rest of the kingdom and the other half thereof to pertain to the use of the public, and they order those who have got the monies repaid to them that they formerly lent to lend newly again and they appoint the form and manner of the said Sir William Dick's gathering in of the aforesaid borrowed money hereby ordained to be given to him to be paid to him by warrant and order from the commissioners appointed for gathering in and distributing of monies and regulating of the public accounts of the kingdom and not by precept upon [Sir Adam Hepburn of] Humbie, treasurer of the army, and his general collector deputes, reserving unprejudiced hereby the assignations, precepts and rights granted to James Hamilton of Bogs, James Stewart, burgess of Edinburgh, and George Jamieson, burgess of Cupar, for the borrowed monies mentioned therein, according to the tenors of their said assignations, precepts and rights in all points as by law. And also the estates give hereby warrant and command to the clerk of the committee for the monies to give extracts to the said Sir William Dick of the rolls of all the aforesaid monies to be borrowed for the use of the public with the inventory of the public bonds granted to the lenders thereof, that thereby the said Sir William Dick may have better knowledge and a clearer way for getting payment of these portions aforesaid of the same borrowed monies hereby appointed to be given to him. Item, the estates hereby give warrant to the clerk register and his deputes to register the bond of 200,000 merks Scots granted to the said Sir William Dick by the persons as subscribers thereof, and order execution to pass thereupon at his instance for payment to him of the aforesaid sum of 200,000 merks Scots against the granters and subscribers of the same bond, and that according to the proportion and division of the aforesaid sum as the committee appointed for gathering in and distributing of monies and regulating the public accounts of the kingdom shall appoint, prescribe and set down anent the payment of the same sum of 200,000 merks to the said Sir William Dick, to whom the estates of parliament do hereby give power and warrant for that effect. Item, the said estates of parliament do hereby assign and convey to and in favour of the said Sir William Dick the assize of the whole tobacco only due to the public by the act of excise, to be collected and uplifted by him by warrant and order from the commissioners for the excise, and order him to be diligent and careful for the gathering in of the excise of the said tobacco and to give the same up to the commissioners for the excise to be recorded in their books by the clerk thereof, that thereafter the said Sir William Dick may be accordingly paid of the excise of the said tobacco by order and warrant of the committee appointed for the excise. Also they order the said Sir William Dick to have the excise of Orkney, Shetland, Caithness and Sutherland, which excise within the bounds of Orkney, Shetland, Caithness and Sutherland the estates hereby assign to the said Sir William Dick to be uplifted by him by order and warrant from the commissioners for the excise, and order him to be diligent and careful for gathering it in and to give the same up to the commissioners for the excise to be recorded in their books by the clerk thereof, that thereafter the said Sir William Dick may be accordingly paid of the said excise by order and warrant of the committee appointed for the excise. Which sums respectively above-mentioned hereby appointed to be paid and given to the said Sir William Dick in manner before ordained, the estates declare that the same sums so far as the said Sir William Dick shall get payment of shall be and are hereby appointed to be allowed in satisfaction to him for as much of the sums justly indebted by the public to him. And also the said estates of parliament do hereby give warrant and power to the committee of estates residing at Edinburgh to settle the said Sir William Dick's accounts since Lammas [1 August] 1643, and recommend the doing thereof to the said committee of estates as they shall think fit.
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Anent the supplication given in to the estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, by Archibald, marquis of Argyll, whereof the tenor follows: To the honourable estates of parliament, humbly shows Archibald, marquis of Argyll that where your lordships were pleased for my better payment of part of the sums due to me by the public to assign to me the fines, forfeitures and borrowed money in the north, but now seeing the army is going towards these parts and we have use of the same, I am content for the furtherance of the public service to quit my interest in the said fines, forfeitures and borrowed money and to remit to your lordships to find out some other way for my satisfaction. Also I humbly represent to your lordships' consideration the distressed estates of these gentlemen and others in the sheriffdom of Argyll whose lands and goods have been totally burnt and destroyed by the rebels, and whereas in general your lordships were pleased in answer to certain of my humble desires upon 30 January last to recommend to the committee for borrowing of money to provide for me a portion of the sums due to me by the public and to declare that some course should be taken for the present subsistence of the people of that shire whose lands and goods were burnt and destroyed by the aforesaid enemy, now my humble desire is that the honourable estates of parliament would be pleased to appoint some ready way for my satisfaction of the sums justly indebted to me by the public and how I may presently have some reasonable proportion thereof paid to me for helping to defray some of these burdens I lie under for the public, and also to take some present course how the aforesaid gentlemen and others who have suffered so great prejudice by the rebels may subsist until their loss be tried and some way taken for their satisfaction as your lordships shall think expedient. And that in the meantime your lordships may be pleased to grant a commission for trial of the whole losses of that shire to such persons as your lordships shall think fit, and your lordships' answer, as the supplication bears. Which supplication being upon 3 March instant read in audience of the parliament, the same was then remitted to the consideration of the several bodies of the estates. This being accordingly done and thereafter of new read in audience of the parliament, the estates thereupon appointed some of every estate as a committee to consider the aforesaid supplication and desire thereof and the most expedient ways for the marquis of Argyll's satisfaction relating thereto and to report to the parliament. The said committee having this day reported their opinion and thoughts concerning the aforesaid supplication and desire thereof to the parliament, and the estates of parliament having at length heard, considered and advised upon the aforesaid report, with the supplication and desire thereof above-mentioned, the said estates of parliament find and declare that the act of parliament granted in the first session of this triennial parliament upon 28 June 1644 in favour of the said Archibald, marquis of Argyll for payment to him of the sums specified therein shall not be prejudiced by the act granted for maintenance of the forces within the kingdom of the date 27 February last, but that notwithstanding thereof the aforesaid act conceived in favour of the marquis of Argyll shall stand in full force and vigour for payment to him of the sums specified therein, according to the tenor thereof in all points. And also they declare that the same act conceived in favour of the marquis of Argyll is and shall be excepted from the commission granted for bringing in and distributing monies and regulating the public accounts and burdens of the kingdom and from the act of the committee of estates for selling forfeited lands, and to the effect that the aforesaid act conceived in favour of the marquis of Argyll may stand unprejudiced in the effect and execution thereof, the estates do hereby discharge the commissary and officers of the army to uplift any fines, borrowed money, make use or dispose upon any forfeited lands or duties thereof within the bounds contained in the aforesaid act, and if any thereof shall happen to be uplifted or intromitted with through necessity after 1 March 1645, the estates order that which shall be so intromitted with to be repaid to the marquis of Argyll by the commissary of the army out of the monies mentioned in the aforesaid act of maintenance until the marquis of Argyll be repaid thereof. And in regard that there is a great quantity of money lifted by John Denholm, commissary depute for the north, and others having public warrant of that which was assigned to the marquis of Argyll by his said act of parliament, these monies so uplifted by them totalling £40,000 or thereby, therefore the estates of parliament do hereby give warrant to the committee of estates, having power to sell forfeited lands, to allow to the marquis of Argyll the aforesaid sum of £40,000 in the first end of the price of any of the forfeited lands he has a mind to buy, he paying ready money for the remainder of the price of the lands so to be bought by him at the rate contained in the act of parliament made anent selling of forfeited lands and according thereto. And the estates order the aforesaid act conceived in favour of the said Archibald, marquis of Argyll, with the locality contained therein, to remain in full force for the rest of the sums due to him by the public act and which shall not be satisfied by the forfeited lands to be bought by him as said is. And further the said estates remit to the committee of estates to do therein as they shall think fit and recommend that part of the desire of the supplication concerning the corn and meal craved, providing they do nothing that may prejudice the act of maintenance.
[1645/1/185]*[print] [email] [cite] [preceding] [following]
Anent the supplication underwritten given in to the estates of parliament, now convened in the second session of this first triennial parliament 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, the commissioners of the high court of parliament, to your lordships humbly means and shows we, your servants, Sir Robert Campbell of Glenorchy, Sir Mungo Campbell of Lawers, Sir Alexander Menzies of Weem, John Campbell, fiar of Glenorchy, Alexander Menzies of Comrie, Duncan Menzies, fiar of Weem, Thomas Menzies of Tegremach, Alexander Menzies of Carse, Alexander Menzies of Stickes and John Stewart of Killiechassie, that whereas it is not unknown to your lordships that all our lands, houses, corns, cattle, goods and gear were burnt and destroyed by the rebels, so that nothing is left to us whereupon to maintain ourselves, our wives and children, far less anything left to our poor tenants to maintain them, their wives and children who are likely to starve for necessity unless your lordships grant some speedy remedy; therefore we humbly crave that your lordships would take our deplorable state and condition into your serious consideration and that you would grant us commissions for trying of our losses, that after they are qualified they may be allowed as a public debt upon this kingdom; and because of the present and inexpressible necessity of us and our poor tenants, that your lordships would be pleased to allow some present maintenance to us for supporting our poor tenants because their necessity is so great that it is impossible for them to subsist until the report of the qualification of their loss be made, and your lordships' answer, as the supplication bears. Which supplication and desire thereof aforesaid being heard and considered by the estates of parliament, they hereby do remit and recommend to the committee of the estates of parliament residing at Edinburgh the last part of the desire of the said supplication concerning the maintenance of the supplicants and their tenants thereby craved in respect of their inexpressible necessity to be taken into consideration by the committee according to the supplicants' and their poor tenants' present necessity, that accordingly the committee shall give order to provide meal for their maintenance as the committee shall think fit and expedient after consideration of the supplicants' and their tenants' present necessity and condition.
[1645/1/186]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, considering that the committees of war of the several shires of this kingdom are appointed by the act made anent the maintenance of the armies to be sent forth against the Irish rebels who have lately invaded this kingdom and their associates to be answerable for the proportion of the said maintenance imposed upon their shires (except the lands possessed by the enemy or totally burnt and wasted) as the said act at length bears, and considering that certain noblemen and gentlemen of the shires have undertaken presently to advance their whole first month's maintenance of the same shires without any deduction of the lands within the shires totally burnt, wasted or possessed by the enemy, therefore do hereby statute and ordain that the committee of war of the said shires shall have deduction of their second month's maintenance aforesaid of their proportion thereof which is due out of the lands or burghs within the same shires possessed by the enemy or totally burnt and wasted, both for the first and second month's maintenance aforesaid and so forth monthly thereafter during the time of the said maintenance, and for clearing thereof do hereby give power to the committee which goes with the army after due trial to set down a roll or inventory of the particular lands or burghs of the said shires totally burnt, wasted or possessed by the enemy and of the several proportions of the said monthly maintenance due out thereof, and to send the same to the collector of the said maintenance subscribed by the president of the said committee and by the clerk thereof, and declare that there shall be no retention until the losses be declared.
[1645/1/187]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, remit to the committee of estates residing at Edinburgh and hereby grant power to them to grant commissions for trying the losses of the kingdom both by sea and land in such manner and to such persons as they shall think most fit and most disinterested for trial thereof, to be taken at such parts and places of the country as they shall think most expedient for receiving the said trial. And the estates declare that after the trial is reported to the committee that goes along with the army and the same found clear by them, that thereafter the parties shall have retention proportionally of their loan money according to the quantity of the damage found proven.
[1645/1/188]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh, 8 March 1645 by the estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, anent the summons raised at the instance of Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, Sir Thomas Nicolson of Carnock, Mr Roger Mowat [of Drumbreck], Alexander Pearson, James Baird and Thomas Nicolson, advocates, procurators of the estates of this kingdom, against John, earl of Traquair etc. whereby he was summoned to have compeared before the parliament at a certain day a long time bygone to have heard and seen it found and declared that he has lost all the favour granted to him by his majesty and estates of parliament [in the acts of parliament]† after-specified and consequently to have heard and seen doom and sentence given against him, according to a former sentence raised for that effect against him before the last parliament and found relevant and proven by a committee of estates of that parliament in manner specified in an act made by the said committee relating thereto upon 28 February 1642, which, with the former summons, are repeated here as a part of this libel, and also to have heard and seen the estates of parliament proceed against the said John, earl of Traquair upon all the other points of the former summons to the final decision thereof and to determine therein, according to the said former summons in all points for the crimes, facts and deeds particularly and generally mentioned therein and all other crimes of that kind which may be laid to his charge, and to have heard and seen him declared in parliament by the estates thereof to be guilty of the same and therefore to have incurred the pain of high treason against his majesty, his crown and estates of this kingdom, and the pain of forfeiture of life, lands and goods to be applied to the use of the public or otherwise censured in the option and judgement of the parliament by fining, confining or otherwise as the parliament should think expedient under the pain of treason and forfeiture or other pain to be inflicted by the parliament at their judgement; with certification that if he compears not, the estates of parliament would then proceed against him as a rebel and traitor and guilty of treason to the forfeiture of his life, lands and estate to the use of the public, and that his absence and contumacy should be held as a manifest probation of his guilt without necessity of any further probation, but if he compeared and remained present at all the diets of the procedure, then the parliament would proceed against him upon lawful probation to the forfeiting of his life, lands and goods or otherwise by punishing and censuring him according to the nature and quality of the crimes and malversations in the option and at the judgement of the parliament, and also the said John, earl of Traquair to have heard and seen him declared to have committed the other crimes and offences after-specified and to be culpable or accessory to and art and part of and to the same in manner after-mentioned, and therefore to hear and see him determined to have incurred the pain and punishment of high treason. And that because by the 33rd act of the last parliament held in 1641 it is declared that the estates of parliament, considering that whereas albeit the said John, earl of Traquair and the other persons contained in that act are cited before them and accused as being guilty of various heinous and treasonable crimes committed by them against the common good, which they have just reason to prosecute, nevertheless, the estates of parliament, taking to their consideration his majesty's gracious goodness towards his native kingdom in composing all past differences and providing for the future to the great happiness of all his subjects, do in retribution thereof, to testify their thankfulness to his majesty, declare that for acquitting themselves of their oath they will only proceed to the exact trial of the parties aforesaid by a committee appointed and authorised by the king and parliament, and declare that they will not proceed to a final sentence nor proceed upon the punishment of these persons, but that they do for the reasons aforesaid freely remit them to his majesty; in the which act, his majesty did declare that he would not employ any of the aforesaid persons contained in the act in offices or places of court or state without consent of parliament nor grant them access to his majesty's person whereby they might interrupt or disturb the firm peace which was then so happily concluded; and thereafter by another act of the date 16 November 1641 his majesty and estates of parliament ordered these persons mentioned in the aforesaid act who were then committed in the castle of Edinburgh to be put to liberty out thereof, they and every one of them finding caution to behave themselves in such a quiet manner as may be conducive to the good and peace of the kingdom and according to the acts of parliament; for which if they fail, the favour granted to them by the king and parliament to be null. Also, they and each one of them finding caution to appear before the commissioners appointed for trial of the incendiaries and plotters whenever they shall be required and also for such of these as were cited and are out of the country (in case any of them should return), they should be obliged to find the same caution with the same certification. Which caution so to be found by these persons returning is ordained by the said act [to be received]† by the lords of his highness's privy council, and it is therein declared that upon the finding of the said caution these persons shall have liberty of their persons and that the act for the caution mentioned therein should only stand obligatory against the cautioners during the time of the aforesaid commission appointed for trial, which is only to 1 March 1642. And thereafter George [Hay], earl of Kinnoull and David [Carnegie], earl of Southesk became bound and obliged as cautioners for the said John, earl of Traquair jointly and separately that he should behave himself in such a quiet manner and way as might be most conducive to the peace of the kingdom and according to the acts of parliament, for which if he failed the favour granted to him by the king and parliament is to be null. Likewise that the said John, earl of Traquair should appear before the commissioners appointed for trial of the incendiaries and plotters as he should be required thereto according to the tenor of the said act of parliament in all points, as the bond of caution dated 8 December 1641 and registered in the books of privy council on that day at more length bears. Likewise there was a commission granted to a certain number of the estates of parliament and others contained therein to proceed in all further examination of the points of the crimes consisting in fact and that by examination of witnesses, by writ and other probation competent of the law, and also to call and convene before them the said defenders, and with power to the commissioners to proceed in the investigation and trial of the premises laid to their charge, to discuss the relevance of the summons intended against them and to receive all lawful probation in the said crimes, providing always that the said persons, commissioners, shall not proceed to any decision in the said points or crimes or pronounce any sentence convictive against the said persons, defenders, but only shall do their diligence in discussing the relevance and receiving all legal probation thereupon and to make their report concerning the relevance and how far they find the same proven or not without pronouncing any further sentence against them. And that the said commissioners having met and convened, according to the tenor of the said commission, and having gone on and taken trial anent the relevance and probation of the crimes contained in the summons raised against the said John, earl of Traquair and other persons, defenders aforesaid, so much thereof as the commissioners could attend to in respect of the shortness of time allotted to them for so great a business, the said commissioners have found the aforesaid summons and several deeds and crimes therein contained libelled against the said defenders respectively relevant and proven, as the same contained in their said report at more length bears; and albeit the said John, earl of Traquair and the said other persons, defenders, incendiaries and plotters, if they had observed and kept the conditions whereupon the favour was shown and granted to them by his majesty and parliament, as they did not, no sentence could follow upon the trial before the committee but according to the said act; but the said earl of Traquair, having contravened the conditions contained in the said act in manner following, therefore the doom and sentence is yet to be given by the estates of parliament and the said estates of parliament should proceed against the said John, earl of Traquair upon all the other points of the aforesaid former summons both in relevance and probation and determine therein according to law, justice, equity and reason. But John, earl of Traquair has contravened the conditions of the aforesaid act liberatory in so far as he has been so bold as to pass to court and accede to his majesty's person and there has remained for several periods without consent of the parliament, against his majesty's declaration above-specified made in parliament in the contrary, namely: in the months of January, February, March, April and May and other months in the years of God 1642, 1643 and 1644 or one or other of the said months; secondly, the said John, earl of Traquair, having been cited to subscribe the Solemn League and Covenant, he has been contumacious and has in no way obeyed the said citation. For which cause the lords and other commissioners of the estates, by the decreet, sentence and declaration given against him for not subscribing the said Solemn League and Covenant upon 12 January 1644, have declared him an enemy to religion, his majesty's honour and peace of the kingdom and order his whole goods and gear to be confiscated for the use of the public and that he should not enjoy any benefit, place nor office within this kingdom and ordered him to be further punished accordingly in manner contained in the decreet, as at more length is contained in the aforesaid principal summons raised in the said matter. Which summons and executions thereof, being publicly exhibited in presence of the parliament in the first session thereof upon 4 June last by the said Mr Thomas Nicolson, one of the procurators of the estate, compearing personally for himself and in name of the other procurators of estates of this kingdom above-named, at whose instance the aforesaid summons is pursued, and the said John, earl of Traquair and sundry other persons contained in the aforesaid summons and in several other summons that day produced, being all lawfully summoned according to the said summons to have compeared before the estates of parliament to the effect above-specified, were then three times publicly called in audience of the parliament and at the most patent door of the said house by the macers of parliament, they compeared not but were contumacious thereof and of the charge and citations given to the said John, earl of Traquair and other persons aforesaid as said is. Whereupon the said Mr Thomas Nicolson, for himself and in name of the other procurators of estate, then asked instruments. Thereafter the said estates of parliament upon the [...] day of July last gave power and warrant to a committee of the several estates of parliament to consider, advise and discuss the relevancy of the aforesaid summons above-written and of the other summons mentioned in the commission granted relating thereto and to receive the probation thereof and thereafter to report to the parliament; whereupon that committee, having accordingly convened and called before them the said procurators of the estates, as also having caused various times publicly call the said John, earl of Traquair, who did not compear, the said Sir Thomas Hope of Craighall, his majesty's advocate, and other procurators above-named for the estates, compeared before the said committee and for instructing of the summons repeated and produced the aforesaid 33rd act of the last parliament with the act liberatory, act of caution and decreet above-specified, together with the depositions of sundry famous witnesses received, sworn and examined upon the points of the said summons anent the said John, earl of Traquair's accession to his majesty's person and repeated the same writs and depositions for proving the aforesaid summons against the said John, earl of Traquair. Which summons, with the probation aforesaid produced and repeated for clearing thereof, being at length considered and advised by the lords and other commissioners nominated upon the aforesaid committee, they by their report dated 25 July last subscribed by the president of that committee found that member of the aforesaid summons, bearing the said John, earl of Traquair being cited to subscribe the Solemn League and Covenant to have been contumacious and did in no way comply with nor obey the said citation, and therefore is declared an enemy to religion, his majesty's honour and the peace of the kingdom, and his goods and gear ordained to be confiscated to the use of the public and that he shall not enjoy any benefit, place nor office within this kingdom and he to be further punished accordingly, relevant and proven to infer the certification contained in the act of convention of estates, namely: that he shall be esteemed and punished as an enemy to religion, his majesty's honour and the peace of these kingdoms and his goods and gear confiscated for the use of the public and that he shall not hold nor enjoy any benefit, place nor office within this kingdom. And as to that point of the aforesaid summons whereby the said John, earl of Traquair is craved to be determined and declared to have lost the benefit of the said 33rd act of the last parliament by reason of his accession to the kings majesty's person, the said commissioners find the same sufficiently proven and refer the consideration of the relevance of that point of the summons and what censure may be concluded thereupon to the honourable estates of parliament, as the aforesaid report bears. Which report, being produced from the said committee at the end of July in the first session of this parliament and then read in audience of the parliament with a supplication then given in by [John Stewart], lord Linton, humbly representing that the earl of Traquair, his father, was ever willing and then was ready to subscribe the aforesaid league and covenant if he could have safe access, and craving that his said father might be admitted to subscribe the same and that his father or he for him might be heard to clear any doubt or scruple that might seem to reflect upon any miscarriage whereby the favour aforesaid granted to him might be inferred to be lost. Likewise the said report, being sundry times motioned and called in audience of the parliament in this present session thereof and the aforesaid supplication and desire thereof being likewise renewed by Lord Linton, the same report with the supplication was remitted to the parliament to be considered by the several estates at the meetings in their several bodies, and thereafter being newly reported and motioned in audience of the parliament, after consideration by the several bodies, the parliament appointed a committee consisting of two of every estate to hear Lord Linton upon the desire aforesaid of his supplication, and that committee having accordingly met and heard Lord Linton upon his desire aforesaid, they made report in audience of parliament that Lord Linton had shown to them sundry pregnant and important reasons for clearing his father of that laid to his charge, but withal declared that he not being desirous to stand in terms of opposition with the parliament but rather to adhere to their favour and goodness, he willingly offered to give to the parliament for the use of the public a considerable sum, whereupon, after the estates in their several bodies had considered the aforesaid report and offer, the supplication was this day given in and produced in parliament and publicly read in audience of the estates thereof, whereof the tenor follows: To the honourable estates of parliament, humbly means and shows your lordships' servant, John, earl of Traquair that where it pleased the honourable estates of parliament by the act of his majesty's parliament in 1641 to remit me freely to his majesty, since which time I have endeavoured to so carry myself as becomes a good loyal patriot, and if any thing has escaped me that has given offence to your lordships, the estates of the kingdom, I am heartily sorry for the same; and whereas there is a process intended and depending against me at the instance of the procurators of estate, in which albeit I am confident if your lordships' greater affairs might allow me a full hearing to clear myself of any hard opinion or charge that is conceived or libelled against me, yet being still sorry that any thing should have escaped me that has given offence to your lordships I am loath to appear in any way of opposition to the public and so confident of your lordships' goodness I rather choose to be a petitioner then a defender, therefore not proceeding upon any defences but such as your lordships yourself in justice may conceive. If you shall be pleased to take notice of my carriage and great heavy sufferings, I have recourse to your lordships' justice and goodness, humbly beseeching your lordships to be persuaded of my affection and devotion to the purity of religion and my native country and sincere and constant resolution to concur with your lordships for the maintenance of both, and that your lordships may be pleased to that effect to allow me the liberty of a subject to live in the country with freedom without any trouble or challenge; at the least (if I shall still be so unhappy as to be the subject of any jealousies) to live, converse and proceed within the bounds of the shires where my lands and estate do lie or which are adjoining thereto, and because I cannot at this time give any other real testimony of my zeal and affection to the public, I heartily make offer of the sum of 40,000 merks Scots for the use of the country, which though it be short of my affection is far above my power and ability and will appear if my estate and debts and burdens be taken together too considerable. Which supplication, with the aforesaid summons, report and whole other premises above-mentioned, being this day fully and at length debated, heard, considered and advised by the estates of parliament, they after voting have accepted and hereby accept the aforesaid sum of 40,000 merks offered by the said John, earl of Traquair in his said supplication, which sum of 40,000 merks the estates order him presently to pay to Sir Adam Hepburn of Humbie, treasurer of the army, and his deputes, to be applied for the use of the present expedition and forces within the country, and which sum of 40,000 merks the said John, earl of Traquair has instantly paid and delivered to Archibald Sydserf, collector general, depute to Sir Adam Hepburn of Humbie, knight, for obedience and according to the aforesaid ordinance of the estates of parliament, as the discharge upon the receipt thereof bears. And further the estates of parliament order the said John, earl of Traquair to remain confined, likewise they hereby confine him within the bounds of the sheriffdoms of Roxburgh, Selkirk and Peebles within which his lands and estate lie, and also the said estates order the said John, earl of Traquair to carry and behave himself in such a quiet manner and way as may be most conducive to the peace of this kingdom and according to the acts of parliament made in 1641, especially these above-mentioned whereby this parliament declare that he was and is obliged not to meddle in offices, places or affairs of court or state nor to go to the king's person or court without consent of parliament. And they order the said John, earl of Traquair and John, lord Linton, his son, to become acted and obliged to the effect above and after-mentioned under the pain of £100,000 Scots, namely: that the said John, earl of Traquair shall not transgress the bounds above-mentioned of his confinement during the pleasure of the parliament, convention of estates or their committees upon his supplication for doing his necessary and lawful affairs requiring his own presence outwith the bounds of the aforesaid confinement, and also that the said John, earl of Traquair shall carry and behave himself in such a quiet manner and way as may be most conducive to the peace of this kingdom and according to the said acts of parliament made in 1641, especially these above-mentioned whereby this parliament declare that he was and is obliged not to meddle in offices, places or affairs of court or state or to go to the king's person or court without consent of parliament under the aforesaid pain of £100,000 Scots. According to which ordinance and for obedience whereof, compeared personally the said John, earl of Traquair and John, lord Linton, his son, and became acted and obliged to the effect before ordained under the aforesaid pain of £100,000 Scots. Likewise the said John, lord Linton declared that he should never quarrel nor impugn his obligation above-mentioned upon the reason of his minority, which the estates declare to be as sufficient as if the said John, lord Linton were of the full age of 21 years complete. And also the said estates order the said John, earl of Traquair to satisfy the kirk and commissioners of the general assembly concerning the Solemn League and Covenant and his admitting to the subscribing thereof as the commissioners of the assembly shall appoint and enjoin. And in respect of the payment of the aforesaid sum of 40,000 merks and of the confinement above-mentioned and of the said earl of Traquair and Lord Linton's becoming acted and obliged to the effect and under the pain respectively before rehearsed and of the ordinance above-written appointing the said John, earl of Traquair to satisfy the kirk and the commissioners of the general assembly, the said estates of parliament remit and declare the said John, earl of Traquair free of all further censure or punishment for the causes and crimes above-mentioned contained in the aforesaid summons in all time coming.
[1645/1/189]*[print] [email] [cite] [preceding] [following]
Anent the petition given in to the estates of parliament by Gavin, earl of Carnwath, lord Dalzell, consisting of the articles underwritten, whereof the tenor follows: First, in regard that by the sentence of parliament devolving my father's estate in my person there is reserved an act or precept of Sir John Dalzell, whereby, after account made to the committee, there is found due to Sir John £7,000 or thereby to which my father's estate is burdened, always reserving my defences against the same. My humble desire is that my defences may be reserved in the same condition as if I had been heard before the committee to object against Sir John's accounts, seeing that at the time of the allowance thereof I was neither present nor had interest and the committee had received no sufficient information against the articles, none having then particular interest as I have now to object against; and in the meantime, that your lordships will be pleased to give command and warrant to the clerk to deliver to me a copy of the said accounts. Item, my humble desire is that I may be free of a pretended tack that Sir John alleges to have from my father of the house of Carnwath and 1,200 merks of rent or thereby with payment of any tack duty, and for that effect that Sir John may be made to exhibit the tack; and that because I get the estate with so great burden. Item, that Sir John be commanded to deliver to me my father's evidents and that he be ordered to remove from the house of Carnwath and enter me to the possession, according to a warrant of the committee already passed in my favour. Item, that the sentence shall bear a power to charge my father's debtors, either in name of the procurators for the estate or in my own name. Which articles above-mentioned of the said Gavin, earl of Carnwath's supplication, with the desires thereof respectively above-written, being heard and considered by the estates of parliament, they have remitted and do hereby remit the first and second articles above-specified anent the accounts and tack above-written to the committee of estates residing at Edinburgh to be considered and determined by them as they after citation or hearing of the party interested in justice and equity shall think just and expedient, and they have also remitted and hereby remit the last part of the third article anent the removing of Sir John Dalzell from the house of Carnwath and entering of the supplicant to the possession thereof to the said committee of estates to be determined by them as above. And as to the first part of the aforesaid third article anent the delivery of the evidents, the estates of parliament do hereby order and command the said Sir John Dalzell to deliver to the said Gavin, earl of Carnwath all his father's evidents which are in the keeping, hands or power of the said Sir John Dalzell. And as for the last article above-specified craving that the aforesaid sentence of parliament may bear a power to charge the late earl of Carnwath's debtors, either in the name of the procurators for the estate or in the name of the Gavin, now earl of Carnwath, lord Dalzell, the estates of parliament grant the desire of that article and order the same to be added to the aforesaid sentence.
[1645/1/190]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, by Alexander, lord Balcarres, bearing that he out of his affection to the public service of this kingdom engaged himself and his friends to borrow certain sums of money for levying two troops of horse and got warrant from the committee and convention of estates ordering [Sir Adam Hepburn of Humbie], commissary-general, and his deputes to repay to him £100 Scots for each trooper of the two troops, either of them consisting of 60 troopers, and for three corporals, a smith and a trumpeter to each troop, and that during his non-payment of these sums he should have interest for the same, as the report of the committee of 30 November last bears; according to which the said sums amount to almost 20,000 merks and are not yet paid, and therefore desiring that some course may be taken that I may be paid the said sums and that I may have security of parliament for the same and interest thereof in time coming; and since he did furnish pistols to these troopers at his own expenses and others had the same allowed to them, that the parliament would not deny the same to him, as the supplication bears. Which supplication and desire thereof being heard and considered by the estates of parliament, they remit and recommend the aforesaid supplication, with the desire thereof and verification of the same, to the committee of estates of parliament residing at Edinburgh, to be taken into consideration by them, with power to them to do therein as they think just and reasonable for the supplicant's satisfaction.
[1645/1/191]*[print] [email] [cite] [preceding] [following]
The estates of parliament statute and ordain the £31,000 sterling due to the Scottish army in England by the treaty to be applied only for that army and not applied in any other way, without prejudice of these regiments now presently in Scotland which were a part of the English army.
[1645/1/192]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, having taken into their consideration the good and faithful service performed to them by General Major David Leslie, and being willing to give him all encouragement to continue in the same for time coming, they do therefore, with the advice and consent of the said [Alexander Leslie, earl of Leven], lord general, his excellency, elect and make choice of the said General Major David Leslie to be lieutenant general of the horse, with power to him to exercise the said office and enjoy the same with all the fees, dignities and privileges belonging thereto, commanding hereby everyone whom it concerns to obey him in what is incumbent thereto, according to their duty, and this act to endure until the same be discharged by the parliament, convention of estates or committees thereof.
[1645/1/193]*[print] [email] [cite] [preceding] [following]
The estates of parliament remit and recommend to the committee of estates of parliament residing at Edinburgh the nomination of the committees of war in the several shires of the kingdom and granting of commissions to the persons that shall be nominated by them to be upon the committees of war of the said several shires, with power to the said committee of estates to nominate the persons that shall be upon the said committees of war and to grant commissions to them as the said committee of estates shall think fit.
[1645/1/194]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, considering that it has been the ancient custom of parliaments to grant commissions for visiting the universities and colleges within this kingdom, and now the said estates, out of their care for the advancement of letters and learning, find it necessary that a commission be granted for visiting the university of Aberdeen, the colleges of the old town and new town thereof for rectifying all bygone abuses and preventing the same in time coming, therefore the said estates of parliament by this act make, nominate and constitute the persons respectively after following, namely: William [Keith], earl Marischal, Sir Alexander Fraser of Philorth, Sir William Forbes of Craigievar, Alexander Forbes, tutor of Pitsligo, Sir James Melville of Burntisland, Alexander Brodie of that ilk, Mr James Reid of Pitlessie, Mr Robert Farquhar [of Mounie], provost of Aberdeen, Patrick Leslie [of Iden], late provost thereof, John Hay and Thomas Mortimer, bailies of the said burgh, Mr David Lindsay, minister at Balhelvie, Mr Andrew Cant and Mr John Row, ministers at Aberdeen, Mr Robert Blair, minister at St Andrews, Mr James Martin, minister at Peterhead, Mr Thomas Mitchell, minister at Turriff, Mr Andrew Auchinleck, minister at Dundee, Mr John Smith, minister at Burntisland, Mr Frederick Carmichael, minister at Markinch, Mr James Guthrie, minister at Lauder, Mr David Strachan, minister at Fettercairn, Mr Patrick Gillespie, minister at Kirkcaldy (or any nine of them, six of them being ministers, and the Earl Marischal being always one of the other three) as their commissioners in that part to the effect after-specified. With full power and commission to them to meet, convene and visit the said university, colleges of the old town and new town thereof upon [...] May 1645 or at any other date or time to be appointed by them as they shall think expedient, and to see and consider that all the rents and duties belonging thereto and mentioned in their mortifications and other rights thereof be put to the best profit and in a proportional way distributed amongst the principals, professors and other members of the said university and colleges thereof. With power also to the said commissioners to order the course of the studies of the youth and to rectify all abuses and what is amiss for the better training of the students in religion and learning and to do, use and exercise all other things necessary in the premises which they shall think are conducive to the good of the said university that to the office of commissioners in such cases of the law and custom of this realm are known to pertain likewise and as freely in all respects as any other commissioners of parliament in the same case might have lawfully done at any time bygone. Which commissioners shall be held to report their proceedings in the said matter to the estates of parliament between now and 1 November next, and this present commission to endure until the said day.
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The estates of parliament, having heard and considered the supplication given in to them by George Jamieson, provost of Cupar, desiring payment of the sum of £18,995 10s money indebted to him by the public payable at Lammas [1 August] 1644, according to an act of the estates of parliament, with the annualrent thereof since and in time coming, and of the sum of £22,000 for the price of 3,000 bolls of meal furnished by him to the army in England, according to an act of the committee of estates in October 1644, with the annualrent of that sum from Martinmas [11 November] last and in time coming until the payment, as the supplication purports; the estates of parliament remit and recommend the aforesaid supplication and desire thereof to the committee appointed for bringing in and distributing monies and regulating of the public accounts and burdens of the kingdom, without prejudice of the act of maintenance which shall remain unimpaired or prejudiced hereby.
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The estates of parliament, having heard and considered the supplication given in to them by Sir Alexander Swinton of that ilk desiring to be disburdened of the sheriffship of Berwick to which he had been troubled in exercising thereof these four years bygone and to elect and choose another in his place and to grant him approbation and testimony that he has been lawfully elected sheriff in time bygone, as the supplication bears, the estates recommend the supplicant and his desire aforesaid to the secret council, to be taken into consideration by them that he may be exonerated of the aforesaid charge, according to the desire of his supplication.
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Anent the supplication given in to the estates of parliament, now presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, by Sir William Dick of Braid, James Murray, younger, James Stewart, James Jack, Robert Sandilands, Andrew Bryson and Andrew Wardlaw, merchants, showing that Ninian Williamson, their factor at Cadiz in Spain, having hired Clause Fecletoune, skipper of Hamburg, and loaded his ship with Spanish wines and fruits for their account homeward to Leith, when the skipper thought himself most secure and free of all enemies, he was stopped by one of the parliament's great ships (in which Captain Green was captain) upon the sea near Tynemouth, who fiercely commanded the skipper to strike and come aboard his ship, notwithstanding he saw the skipper's course was directly for Scotland, whom the skipper took for an enemy and endeavoured to go from him by sail for his safety and that of their goods about 10 days ago, whereupon the said Captain Conley shot off all his guns on the one side at the supplicants' ship, the skipper apprehending him to be a real enemy, partly for fear and partly to give better way to his ship for safety of the ship, shot off some guns to which, by the providence of God, the captain was killed in his own default, pursuing friends. Nevertheless, his company and ship forced the supplicants' skipper to yield and they have carried their ship and goods to London or the River Tyne, they know not; which ship and goods can be no lawful prize unless they would violate the league and covenant between the two kingdoms, and therefore the parliament of England, General Leslie and the governor of Newcastle, wherever the supplicants' goods and ship have been transported north or south, that the same may be delivered to John Pringle, merchant, factor and commissioner for the supplicants, to their use, or transported at his pleasure to Leith, and that the said Sir William Dick may be paid of his majesty's impost, as the supplication bears. Which supplication and desire thereof being heard and considered by the estates of parliament, they found the desire reasonable that a letter of recommendation be drawn up and subscribed by [John Lindsay, earl of Crawford Lindsay], president of parliament, in name of the estates to the commissioners at London, desiring them to intercede with the parliament of England or their committees for the supplicants' satisfaction anent the restitution of their ship and goods, which the estates order to be earnestly recommended in the aforesaid letter to their commissioners at London. Likewise the estates hereby seriously recommend the same to them.
[1645/1/198]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication given in to them by Robert Maxwell of Orchardton desiring a favourable recommendation to the lords and others of the committee appointed for the safety of both kingdoms that the supplicant might be paid of his bygone arrears owing to him by the parliament of England for his service as a colonel of a regiment of horse under [Robert Rich], earl of Warwick for 10 months; also for giving him some redress of his great losses and sufferings in Ireland, as the supplication purports, the estates of parliament find the desire aforesaid of the supplication reasonable and therefore they grant the recommendation thereby craved and order a letter of recommendation to be written from the estates of parliament in favour of the supplicant to the effect above-specified and to be subscribed by [John Lindsay, earl of Crawford Lindsay], president of parliament, in name of the estates.
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Anent the supplication given in to the estates of parliament by John Semple of Stainflett, keeper of the castle of Dumbarton, bearing that by order from [William Cunningham], earl of Glencairn (as commissioner from the estates) and the committee of war of the shire convened at Dumbarton on 7 October last he was ordered to take in 60 men, which was 46 more than his ordinary number, whereof he took in 36 and kept them 10 days at 6s per man per day to keep the castle and to lay in stores and provisions of 60 bolls of meal, 20 bolls of malt, 15 marts of beef, 12 barrels of herring, 60 stone of cheese, 20 stone of butter and other necessary provisions, and they promised to inform the estates of his ready obedience to their orders and to intercede for getting monies to pay the same; likewise the committee of estates directed sundry warrants to Sir William Cochrane of Cowdoun for payment thereof, which is not yet paid, and that in a similar manner, three months' pay of the ordinary allowance appointed to be paid to the supplicant for keeping the castle and garrison therein remains unpaid to the supplicant, which sums the supplicant has been necessitated to borrow and to pay annualrent thereof, and therefore desiring that the estates would appoint auditors to hear the supplicant's accounts and thereafter to give order for his speedy payment of what shall be found justly owing that he may return to his charge and that he may have the estates declare what number of men he should keep and how he shall be paid, and allowance for a boat and some iron ball, as the supplication bears. Which being read and considered by the committee for the dispatches, they appointed Archibald Sydserf and John Binney to revise and consider the supplicant's accounts, charges and disbursements and to report the same to the same committee, which being accordingly done by the said Archibald Sydserf and John Binney, they reported under their hands that they found the account given in by the said John Semple, supplicant, subscribed with his hand, amounting to the sum of £2,796 18s 8d to be justly calculated and the particular disbursements reasonable and done by public order, as the report subscribed by the auditors likewise bears. Which report, with the supplication above-mentioned and desire thereof being this day reported in audience of the parliament, and the same report with the desire of the supplication heard and considered by them, the estates of parliament approve and allow the aforesaid report and remit and recommend to the committee appointed for gathering in and distributing monies and regulating the public burdens of the kingdom for the supplicant's satisfaction of the sum above-written found due to him, and also remit and recommend the last part of the desire of the said supplication anent what number of men shall be allowed to the supplicant to keep, with the allowance of a boat and some iron ball, to the committee of estates to be considered and determined by them as they shall think fit and expedient.
[1645/1/200]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, considering that Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, Sir Thomas Nicolson of Carnock, knight, Mr Alexander Pearson, Mr Roger Mowat [of Drumbreck], Mr James Baird and Mr Thomas Nicolson, advocates, were employed by the committee of estates in the month of January 1644 to serve the said estates in all actions, matters and affairs concerning their calling as advocates and procurators aforesaid, and that Mr Robert Dalgleish was employed as ordinary agent for the said estates, in the which employment the aforesaid procurators and agent have discharged their duties, therefore the said estates of parliament approve their conduct therein in all and every action of their said conduct since the time aforesaid.
[1645/1/201]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, do thankfully acknowledge the care and faithfulness of the commissioners of the assembly in giving to them such timely admonition, and as they have now ordered some forces to pursue and suppress these unnatural and bloody rebels, so they resolve by the Lord's assistance to remove all occasions of offence and to give real testimony of their united affections and joint endeavours to oppose and suppress the enemies of religion and the kingdom, to go about it really, actively and speedily, to do justice upon all such as are or shall be found enemies to the kingdom or the present cause maintained by the kingdoms without respect of persons and with as great diligence as the present condition of affairs requires and permits, and to perform and promote all and everything which they have promised, voted and sworn in their covenants. And they desire the help and concurrence of the ministry by their assiduous and zealous prayers to God for his wonted presence and gracious and powerful assistance and counsel to all their endeavours for the ends aforesaid and by their serious and frequent exhortations for moving the people to a ready performance of all duties required from them in pursuance of the same ends.
[1645/1/202]*[print] [email] [cite] [preceding] [following]
The estates of parliament discharge all former warrants granted for liberty or access to speak with those incarcerated within the tolbooth of Edinburgh and who are cited or sentenced in parliament, except only such warrants as are or shall be granted by Sir John Smith [of Grotehill], provost of Edinburgh, for that effect, and order none to have access to speak with the said persons so incarcerated in the tolbooth except by warrant of the said Sir John Smith, provost of Edinburgh.
[1645/1/203]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: To your lordships, the honourable estates of parliament, humbly means and shows I, your servant, Alexander Gordon of Knockgray, for myself and as commissioner and in name of the other heritors of the lands underwritten, that where we, the heritors, tenants and possessors of the eighty merk land following, namely: the merk land of Bank, two merk half merk land of Markebrocke, the merk land of Fermenstoun, the merk land of Marskallot, the five pound land of Lochdomeheid and twenty shilling land of Cornavell pertaining heritably to Robert [Gordon], viscount of Kenmure; the two and a half merk land of Dundeugh pertaining to John MacNaught, heritor thereof; the five merk land of the holme of Dallcallochan, the five merk land of Woodhead and Garryhorn, the five merk land of Over and Nether Lang Foordes and Darneskall, the two merk land of Drumjow, all pertaining heritably to Sir Robert Grierson of Lag; the forty shilling land of Brockloch pertaining to John MacMillan of Brockloch; the five merk land of Cormonoch and the five merk land of Castlemaddy pertaining to John Grierson of Castlemaddy; the two merk land of Knokegrant and Bandloch pertaining heritably to Alexander Gordon, heritor thereof; the forty shilling land of Mardrochart and Dallshankeand pertaining to James Cannan, heritor thereof; the twenty shilling land of Barley pertaining heritably to Gilbert MacCormack, heritor thereof; the twenty shilling land of Drumness and Craiglingell pertaining to Cuthbert MacMillan, heritor thereof; the twenty shilling land of Bardannoke pertaining heritably to John Hamilton of Muirhouse; the forty shilling land of Bridgeoquherin and Kirketertoun pertaining to John Gordon of Barr; the five merk land of Waterhead pertaining to William MacAdam; the merk land of Craignauche, the half merk land of Over Knockengorroch and the merk land of Strochony, the thirteen shilling, four penny land of Over Smeaton, the half merk land of Gallowayside, all pertaining to William MacAdam of Waterhead; the half merk land of Knockengorroch pertaining to John MacMillan of Knockengorroch; the merk land of Nether Smeaton pertaining to James MacAdam; the one merk land of Over and Nether Glens pertaining to the heirs of the late John Yair, writer; the merk land of Over Knockgray and two and a half merk land of Marbrack pertaining to Alexander Gordon of Earlston; the five merk land of the holme of Dalquhairn pertaining to James Gordon of Crago and James Milligan of Blackmyre heritably equally between them; and the eight shilling land of Craigingullan pertaining heritably to Quentin MacAdam of Craigengillan, being parts and pendicles of the utmost parts of the parishes of Kells and Dalry and 12 miles distant from these kirks through which we were deprived of the comfort of the word and benefit of the sacraments, and many poor people in these parts being often buried in the fields, having none to carry them so far as 12 miles to their burial places, whereupon we represented our condition to the bishop of Galloway for the time and to the presbytery of Kirkcudbright and the ministers of Kells and Dalry who all consented that our kirk should be built in the midst of the aforesaid eighty merk land, and thereupon we gave our supplication, with their consents, to the commission for plantation of kirks; which being read and considered in the commission, the late bishop of Galloway for the time consented to the erection of the new kirk to be called the kirk of Carsphairn and to the dismembering of the aforesaid eighty merk land from Kells and Dalry, to which the late Adam [Bellenden], bishop of Dunblane, as dean of the chapel royal whereof Kells is a kirk, compeared and also consented. Thereafter the commission thought it necessary that the valuations of the two parishes of Kells and Dalry should be closed and these two kirks sufficiently provided before the new kirk was erected, and then ordained our commission and supplication, with the consents aforesaid, to be inserted in their books until the erection should be passed, as the act made relating thereto on 25 January 1633 bears. Whereupon the heritors and inhabitants of the aforesaid eighty merk land have built a new kirk called the kirk of Carsphairn upon our own charges and expenses and planted a minister there and contributed amongst ourselves for his maintenance these nine years bygone, upon the which premises we having given in our supplication to the general assembly for approving our proceedings and the erecting of the aforesaid new kirk to be most necessary for the advancement of the Gospel, desiring the assembly to recommend to your lordships of the parliament to dismember and disjoin the eighty merk land above-written whereupon the new kirk is built from the kirks and parishes of Kells and Dalry and to erect the same in a distinct kirk and parish by itself to be called now and in all time coming the kirk and parish of Carsphairn and to provide the same with a constant stipend, according to the act of parliament, laws and practice of this kingdom, the assembly upon 4 February 1645 instant approved our proceedings and found our desire just and seriously recommended us relating thereto to your lordships, the estates of parliament, as the recommendation written upon the back of our supplication subscribed by the clerk of the assembly bears. In respect of which premises, we humbly beseech your lordships to take the same into consideration and to erect the aforesaid eighty merk land above-specified whereupon the said new kirk is built into a particular and distinct parish kirk and parish per se to be called now and in all time coming the parish kirk and parish of Carsphairn, and for this effect to dismember the said eighty merk land above-specified from the said parish kirks and parishes of Kells and Dalry whereof the said eighty merk lands were parts and pendicles of before, and also that your lordships would order and appoint the aforesaid new kirk of Carsphairn and minister present and to come serving the cure there to be provided with a constant stipend, according to the act of parliament, laws and practice of this kingdom, and your lordships' answer humbly I beseech, as the supplication purports. Which supplication, with the act of the commissioners for plantation of kirks containing the aforesaid consent of the heritors of the eighty merk land above-specified and of the presbytery of Kirkcudbright and ministers at Kells and Dalry, with the consent of the bishops of Galloway and Dunblane for the time, together with the recommendation of the general assembly aforesaid, being first given in and presented to that committee of parliament appointed for bills and supplications and being read, heard and considered by the said committee on 7 February last, the said committee then found the aforesaid supplication instructed by the act of the commissioners for plantation of kirks of the date above-written to which the subscribed consents mentioned in the supplication are inserted and by the assembly's recommendation above-mentioned, and the said committee gave their opinion that the aforesaid kirk of Carsphairn should be erected in a separate parish kirk with all the privileges belonging to a separate parish kirk and parish, and that the eighty merk land above-written, consisting of the particular towns and lands above-designed, should be dismembered from the said kirks of Kells and Dalry as is desired by the aforesaid supplication and to the effect contained therein, and represented the same to the estates of parliament to be done by them for erecting the said kirk; and for that part of the desire of the supplication for providing this new kirk of Carsphairn and minister there with a constant stipend, the opinion of the committee was that that part of the supplicants' desire should be recommended by the parliament to the commissioners for plantation of kirks and providing of stipends to ministers. And now the aforesaid supplication and desire thereof and instructions of the same, with the general assembly's recommendation of the same, with the opinion above-written of the committee for the bills relating thereto, being this day reported in audience of the parliament from the aforesaid committee, and the same with the desire of the aforesaid supplication heard and considered by the estates of parliament and they finding this to be a good and pious work, the said estates have erected and do hereby erect in a separate and distinct parish kirk and parish the aforesaid particular town and lands above-designed extending to an eighty merk land as the same are specially enumerated in the aforesaid supplication, to be called the parish kirk and parish of Carsphairn in all time coming, which kirk of Carsphairn the estates erect and declare to be the parish kirk of the aforesaid new erected parish of Carsphairn consisting of the particular towns, lands and areas above-designed, and give and grant to the said parish kirk and parish of Carsphairn now hereby erected as said is all liberties and privileges belonging and pertaining to a separate distinct parish kirk and parish, and they divide, disjoin and dismember the aforesaid towns and lands above-mentioned (whereof this new kirk and parish is erected as said is) from the said kirks and parishes of Kells and Dalry of the which parishes the aforesaid towns and lands were formerly parts and pendicles; and the estates declare the heritors, tenants and inhabitants of the aforesaid particular towns and lands above-specified to be parishioners of the aforesaid new kirk and parish of Carsphairn and order them to resort and proceed to the same kirk as to their own parish kirk in all time coming. And for the last part of the desire of the aforesaid supplication, craving that a constant stipend might be provided to the aforesaid kirk of Carsphairn and minister present and to come serving the cure there, the estates of parliament have remitted and recommended and hereby remit and recommend the same to the commissioners appointed for plantation of kirks and providing of stipends to ministers, to be taken into consideration and determined by them as, after lawful citation of all parties having interest or hearing of the said parties having interest, they shall find just and reasonable, according to their commission.
[1645/1/204]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, by the committee of war of the sheriffdom of Berwick, showing that there being sundry parts in the said shire infected with the plague and that it was most necessary for the preservation of the shire and for preventing the spreading thereof through the kingdom, the committee therefore ordered every thousand merks of rent within the shire, according to the valuation of the tax and loan, to pay 20s monthly for the space of three months, and that to pay for cleansers, support of poor people who were infected and for the furnishing of those who had nothing of their own that they may be kept confined to their towns and houses whereby the rest of the country might not be infected, and therefore craving the estates of parliament's approval of the said act, and that the same was done by the committee of war for the benefit and good of the kingdom, as the supplication purports. Which supplication and act aforesaid being heard and considered by the estates of parliament, they approve the aforesaid act made by the committee of war of the sheriffdom of Berwick of 14 January 1645 instant and declare that the same was done by the said committee of war of the sheriffdom of Berwick for the benefit and good of the kingdom and interpose the authority of parliament thereto.
[1645/1/205]*[print] [email] [cite] [preceding] [following]
The estates of parliament order the honours, namely: crown, sceptre and sword to be redelivered to Sir James Carmichael of that ilk, knight, treasurer depute, who exhibited the same in face of parliament at the beginning of this second session of the first triennial parliament, and order the same to be delivered back to him by [William Keith], earl Marischal and his deputes, and order the treasurer depute to put the same up in the castle of Edinburgh to be kept there, and grant exoneration to the Earl Marischal and his deputes anent the keeping of the said honours during the time that the same remained in parliament.
[1645/1/206]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament 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 from the committee for the processes made to the parliament upon 21 February last concerning the carriage of Sir John Graham of Braco, knight, with the late [James Graham], earl of Montrose and the Irish rebels and what was found proven against him relating thereto, together with a second report of the same committee after the said Sir John Graham was remitted back to them to be tried further, together with the opinion of the said committee for the processes, which was that the said Sir John Graham of Braco might be freed and put to liberty, he paying a fine of 2,000 merks Scots and finding sufficient caution that he has done nothing and has not been accessory to the doing of any thing directly or indirectly to the prejudice of the estates of this kingdom and peace thereof in any time bygone since the date of his first bond and act of caution granted by him for his good behaviour, and also finding caution for his good behaviour and good carriage in time coming and that he shall neither do nor be accessory to the doing of any thing to the prejudice of the estates of this kingdom and peace of the same, but shall assist to the utmost of his power thereto against the enemies of the same under the pain of £20,000 Scots, as the report bears. The estates of parliament approve the aforesaid report and opinion of the committee for the processes and order the said Sir John Graham of Braco to be freed and put to liberty, he paying the aforesaid fine of 2,000 merks Scots and finding sufficient caution to the effect above and underwritten under the aforesaid pain of £20,000 Scots. For which and for obedience whereof, John [Drummond], earl of Perth, lord Drummond and Stobhall and James [Drummond], lord Drummond, his son, became acted and obliged themselves as cautioners for the said Sir John Graham of Braco that he has done nothing and has not been accessory to the doing of any thing directly nor indirectly to the prejudice of the estates of this kingdom and peace thereof in any time bygone since the date of his first bond or act of caution granted by him for his good behaviour, and also for his good behaviour and good carriage in time coming, and that he shall not do or be accessory to the doing of any thing to the prejudice of the estates of this kingdom and peace of the same, but shall assist to the utmost of his power thereto against the enemies of the same under the aforesaid pain and sum of £20,000 Scots. Likewise the said Sir John Graham of Braco became acted and obliged to the effect aforesaid, and also to warrant and relieve the said John, earl of Perth and James, earl of Drummond of the aforesaid cautionary and of all that may follow thereon. In respect whereof and that the said Sir John Graham of Braco has paid the aforesaid sum and fine of 2,000 merks Scots to Archibald Sydserf, collector general, depute to Sir Adam Hepburn of Humbie, whereupon he has produced his ticket of receipt thereof, the said estates of parliament have released and do hereby grant freedom and liberty to the said Sir John Graham of Braco to pass and return for doing his lawful affairs notwithstanding of any former confinement or restraint put upon him and of the caution formerly found by him or acting of himself for keeping that confinement, which the estates hereby discharge.
[1645/1/207]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of the committee for the processes made to the parliament upon 21 February last concerning the carriage of John Graham of Orchill with the late [James Graham], earl of Montrose and the Irish rebels and what was found proven against him relating thereto, together with a second report of the same committee after the said John Graham was remitted back to them to be tried further, together also with the opinion of the said committee for the processes, which was that the said John Graham of Orchill might be released and put to liberty, he paying a fine of £1,000 Scots and finding sufficient caution that he has done nothing and has not been accessory to the doing of anything directly nor indirectly to the prejudice of the estates of this kingdom and peace thereof in any time bygone since the date of his first bond and act of caution granted by him for his good behaviour, and also since the date of his first bond and act of caution for his good behaviour, and also finding caution for his good behaviour and good carriage in time coming, and that he shall not do or be accessory to the doing of any thing to the prejudice of the estates of this kingdom and peace of the same, but shall assist to the utmost of his power thereto against the enemies of the same under the pain of 20,000 merks Scots, as the report bears. The estates of parliament approve the aforesaid report and opinion of the committee for the processes and order the said John Graham of Orchill to be released and put to liberty, he paying the aforesaid fine and sum of £1,000 Scots and finding sufficient caution to the effect above and underwritten under the aforesaid pain of 20,000 merks Scots. According to which and for obedience whereof, John [Drummond], earl of Perth, lord Drummond and Stobhall and James [Drummond], lord Drummond, his son, became acted and obliged themselves as cautioners for the said John Graham of Orchill that he has done nothing and has not been accessory to the doing of any thing directly nor indirectly to the prejudice of the estates of this kingdom and peace thereof in any time bygone since the date of his first bond or act of caution granted by him for his good behaviour, and also for his good carriage and good behaviour in time coming, and that he shall not do or be accessory to the doing of any thing to the prejudice of the estates of this kingdom and peace of the same, but shall assist to the utmost of his power thereto against the enemies of the same under the aforesaid pain and sum of 20,000 merks Scots. Likewise the said John Graham became acted and obliged himself to the effect aforesaid and also to warrant and relieve the said John, earl of Perth and James, lord Drummond of the aforesaid cautionary and of all that may follow thereupon. In respect whereof and that the said John Graham has paid the aforesaid fine and sum of £1,000 Scots to Archibald Sydserf, collector general, depute to Sir Adam Hepburn of Humbie, whereupon he has produced his ticket of receipt thereof, the said estates of parliament have released and do hereby grant liberty to the said John Graham of Orchill to pass and return for doing his lawful affairs notwithstanding of any former confinement or restraint put upon him and of the caution formerly found by him or acting of himself for keeping that confinement, which the estates hereby discharge.
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The estates of parliament, considering the paper of 18 February given in by the commissioners of the parliament of England, warrant their committee to return this further answer: That all such protections as are already or shall be complained upon be revised and disposed of by the committee of both kingdoms upon the place as they shall after sight thereof find fit, and that, upon a review of the list of the delinquents given in, they take such course for removing their persons out of the counties or securing them, whether by imprisonment or caution, for their good behaviour in time coming as they in every particular shall find most necessary for settling and continuing the peace and quietness of these northern counties to the obedience of the king and parliament. And for the future, we think it just that all protections of delinquents be limited to the restraining of soldiers from all acts of violence and not extended to the protection of them from justice, the ordinary course of law or the orders of the parliament, but where the general officers of our army think there is any necessity of delaying for a time the execution of any order coming from the honourable houses of the parliament of England or either of them or their committees authorised thereto, that the necessity thereof be remonstrated in the committee of both kingdoms on the place and communicated to the commissioners of this kingdom at London for preventing any mistakes that may arise thereupon; this being always without prejudice of keeping and fulfilling the conditions made or to be made in necessary capitulations upon surrender of places or forces not being against the laws of the nation or National Covenant, to which the advice and consent of the commissioners of the parliament of England should be sought, especially when they are on the place or the business may endure delay without prejudice to the service. Likewise the estates, considering the paper of 4 February given in by the commissioners of the parliament of England, give warrant to their committee to return this answer: That they acknowledge the necessity of appointing some for rectifying and adjusting the accounts between the kingdoms, and to that effect have given and do hereby give warrant to the committee that goes to that army to appoint some of their own number or others to concur with the English commissioners or such as they shall appoint for the end expressed in that paper. Also to the paper of 13 February they return this answer: That they have appointed the committee of estates to go about the regulating, recruiting or reforming of our army so that the monies due from England by the treaty may be the better disposed for the support of these regiments and forces necessary for that service, and we are confident that they will go heartily about it for the good of the service and satisfaction of both kingdoms. Also to the remonstrance of the committee of Northumberland concerning the moss troopers or broken men in the borders to answer: That they have given direction to the colonels and committees of war on the Scottish borders to apprehend those given in in the list and any other they can try to be partakers of these robberies and thefts and their harbourers, and to do justice to the satisfaction of the bordering counties of England, with whom they have directed their committees to concur by their advice, mutual assistance and correspondence for the settling and securing of the borders. Likewise they have appointed the committee of estates to write to [Alexander Leslie, earl of Leven], lord general, that, by the advice of Colonel Walden or any other entrusted for the county of Northumberland, all possible concurrence may be done on our behalf for that effect. Also to the paper of blank date to answer: They doubt not but the lord general and the committee with him will concur to further all ordinances of the honourable houses, especially those for the excise and sequestrations appointed for the maintenance of the army which they will particularly recommend to them at all occasions.
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The estates of parliament, now convened by virtue of the last act of the last parliament held by his majesty and three estates in 1641, considering that there are many bills and supplications given in to this present session of parliament, whereof there are sundry that have been heard before the committee appointed for bills and supplications, whereupon that committee has given their opinion and yet not reported in parliament, and some others have citations and are not yet called, and the rest not called or heard at all, neither in parliament nor committee, therefore the estates of parliament have remitted and hereby remit all the aforesaid supplications respectively above-mentioned in the state in which they are now, together with the defences or answers proposed or given in before that committee for the bills anent these supplications which were taken into consideration by that committee, together with the opinion of the said committee given by them thereupon, to the committee of the estates of parliament appointed to reside at Edinburgh, to be taken into consideration by that committee in the case and condition in which the same supplications now are. With power to the committee to determine in such supplications as they shall find competent to the parliament or committee of parliament or deserve to be taken into consideration by them, and to remit such others as the committee shall find not competent to the parliament or committee of parliament to the judges ordinary to whose judicatories the same properly belong, and they order [Sir Alexander Gibson of Durie], clerk register, to give out the said supplications with the remit subscribed by him thereupon in the manner before prescribed to be written and subscribed by him upon the back of every supplication.
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The estates of parliament, now convened in the second session of this present parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, having heard and considered the ordinance of the committee for dispatches of 24 February last ordaining James Riddell then to deliver immediately to Sir James Balfour 42 dollars for providing the coats of arms of the persons forfeited which were to be torn, and for the said Sir James's fees the said committee would advise with the parliament on how the same may be paid out of the estates of the forfeited persons; the estates of parliament remit and recommend to the committee of estates residing at Edinburgh the last part of the ordinance above-mentioned anent the said Sir James Balfour's fees, to be taken into consideration by the committee of estates and for them to act in that matter as they shall think just and reasonable for the said Sir James's payment and satisfaction of his fees.
[1645/1/211]*[print] [email] [cite] [preceding] [following]
The estates of parliament remit all the processes and summons intended and depending before the parliament against any malignants or any other specified therein to the committee of estates residing at Edinburgh, to be proceeded in and decided by them as the parliament might have done during the sitting thereof.
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In the parliament held at Edinburgh on 8 March 1645 by the estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, anent the summons of treason raised at the instance of Sir Thomas Hope of Craighall, knight baronet, advocate to our sovereign lord, and also at the instance of Sir Thomas Nicolson of Carnock, Mr Roger Mowat [of Drumbreck], Mr Alexander Pearson, Mr James Baird and Mr Thomas Nicolson, advocates and procurators for the estates of this kingdom, and also at the instance of Patrick Leslie of [Iden and] Whitehouse†, provost of Aberdeen at the time and one of the commissioners of the convention of estates and commissioner chosen for the said burgh for the parliament then approaching, as also one of the committee of the convention of estates, Mr Robert Farquhar of Mounie, merchant burgess of Aberdeen and commissary-general depute in the north for the public and Scottish army now in Ireland and collector depute of the loan and tax, John Jaffray, bailie of Aberdeen, and Alexander Jaffray, dean of guild thereof, against George, marquis of Huntly, Alexander Gordon of Birsemore and many sundry and certain other persons mentioned in the said summons, and the tutors and curators of so many of the same persons as are minors (if they have any) for their interest: that is to say the said George, marquis of Huntly, Alexander Gordon of Birsemore and other persons contained in the summons to have answered for the crimes, facts and deeds particularly and generally after-specified and all other crimes of that kind that might be laid to their charge and to have heard and seen them decreed and declared in parliament by the estates thereof to be guilty of the same, and therefore to have incurred the pain of high treason against the king's majesty, his crown and estates of parliament of this kingdom and the pain of forfeiture of life, lands and goods to be executed against them by the estates of this kingdom, and the benefit thereof to be applied to the use of the public for relief of their burdens or otherwise in the option and judgement of the parliament, and to have heard and seen them otherwise censured and punished in their persons and goods, names and fames, lands and estates by fining, confining or otherwise as the parliament shall think expedient at their option and judgement. Because by the common law and laws and acts of parliament and practice of this realm and of all justice, equity, reason and conscience all persons whatever coming to the dwelling house of any of the free subjects and taking and apprehending them out of their houses and carrying them away captive and keeping and detaining them in private prisons by the for 20 hours or more or who are art and part thereof, and also in committing theft, violent robbery or art and part thereof, being landed men, is all punishable by the crime of high treason; and also by taking and apprehending any such persons as are actual members of the estates or commissioners appointed for the parliament is also punishable by the pain of treason or by such other pain or pains as the parliament pleases to enjoin and to be applied to the use of the public for defraying the common burdens; and also all those that rise in arms against the estates of this kingdom to concur with the adversaries thereof for subduing the same, and also all who convoke the lieges and raise them in arms in a warlike way with displayed colours and banners to resist by way of open and public rebellion the public orders of the convention of estates of this kingdom or committee thereof, and all who levy soldiers and keep them in a public way as an army upon the free lieges without public warrant of the estates of this kingdom, thereby breaking the peace and molesting and oppressing the free lieges, and all who are authors, abettors, maintainers and art and part of the same; and also all fortifiers, keepers or detainers of strengths, castles or houses against the estates of this kingdom who stand for the maintenance of the mutual league and covenant and of their religion, his highness's crown and country incur the pain of high treason, punishable for that by the pain of treason or by such other pain or pains as the parliament pleases to enjoin, to be applied to the use of the public for defraying their burdens and debts. And it is true that the said George, marquis of Huntly and the other defenders and each one of them (at the least one or other of them) have committed and are guilty and culpable (at the least are accessory or art and part) of and to the high crimes of treason and other crimes, misdeeds and malversations, one or more particularly and generally above and after-specified in manner following, namely: the said George, marquis of Huntly, Alexander Gordon of Birsemore and the other defenders contained in the summons (at the least one or other of them) upon the [...] day of March 1644 came in a hostile manner to the number of 80 horse to the town of Aberdeen early in the morning, and having placed and planted several horsemen in arms with cocked pistols in their hands in several parts of the street in the said town, they (at the least one or other of them) came and seized the houses of the said Patrick Leslie, provost of Aberdeen, one of the committee of estates of this kingdom and commissioner chosen by the town of Aberdeen to the next ensuing parliament, Mr Robert Farquhar, commissary for the public in the north, John Jaffray, bailie in Aberdeen, and Alexander Jaffray, his brother, dean of guild thereof, and in a hostile manner and in manifest contempt of the king's majesty and laws of this kingdom they violently and forcibly seized and took away the said persons, burgesses of Aberdeen, and forced them to go out with them and be their prisoners, the said defenders being then armed with pistols in their hands and having manned the streets in manner aforesaid with horsemen lest they should have been impeded from putting to execution that insolent and outrageous attempt. Likewise the said defenders (at the least one or other of them) having taken the said persons, his highness's free lieges in manner aforesaid, they brought them away as prisoners with them on the first night to Legatesden from where the defenders (at the least some of them), namely: the late Sir John Gordon of Haddo sent to the marquis of Huntly to see if he would receive the prisoners, who returned answer that they should be welcome, and the next morning they brought them to the house of Huntly (alias Strathbogie) where the said marquis of Huntly was at the time and where, being brought before the said marquis, the marquis challenged the said Patrick Leslie for some oppressions which he had used against him to the estates, and the next day thereafter the marquis showed to the said Patrick Leslie letters which he had received thereupon. Likewise the defenders detained the aforenamed persons as their prisoners for a number of days thereafter in the castle of Auchindoun, in doing whereof the defenders (at the least one or other of them) and namely the marquis of Huntly are guilty of high treason as being actual committers and actors of the aforesaid crimes of capturing the said free lieges or one or other of them and detaining them in prison at the time and in manner above-written; at the least as being art and part thereof or being upon counsel, devising, plotting or approving the same in so far as the late Sir John Gordon of Haddo and Alexander Irvine, younger, of Drum (who were prime actors of the capturing of the said free lieges or one or other of them) have acquainted the said George, marquis of Huntly with their resolution and intention of taking the said free lieges prisoners; the marquis approved the same, providing they were not attacked in their enterprise; and if they were not able to do the business at that time, he desired them to delay and within a short time he would send forces to supply them. Likewise after the taking and apprehending of the said free lieges and carrying them away prisoners to Legatesden, the night after they were taken the said late Sir John Gordon of Haddo and Alexander Irvine of Drum and their accomplices sent word to the marquis of Huntly to ask if he would receive the prisoners from them; who returned answer that they should be welcome, and thereafter the prisoners were carried to the marquis's house of Huntly (alias Strathbogie) and were received there by the marquis and detained by him in prison with a guard, partly in the said house of Huntly and partly in the said house of Auchindoun, for five weeks or thereby. And also the said George, marquis of Huntly, by a declaration subscribed with his hand on 20 March, acknowledged the taking and apprehending of the said free lieges not only to have proceeded from the said principal actors thereof but also from himself, as the said declaration purports. And therefore the defenders (at the least one or other of them) are punishable by pain of treason or otherwise at the judgement of the parliament. Likewise also the said marquis of Huntly and the other defenders respectively have committed manifest and open rebellion by raising of arms and convocating the lieges, hostile manner of horse and foot soldiers with displayed banners and entered and took the town of Aberdeen and seized thereupon in the month of March 1644 and remained therein for 20 days or thereabouts with troops of horses and companies of foot soldiers; and in the meantime, both before and after, had troops of horses and foot soldiers in the country in a warlike way for troubling the peace of this kingdom and for opposing the public warrants and commands of the convention of estates and committee thereof anent the levying and raising of arms of the companies appointed to come out of the north to the Scottish army sent into England by the convention of estates for maintenance of religion, and for hindering of the lieges in the north parts of this kingdom to give obedience thereto, and to the other warrants and orders of the convention of estates and their committee anent the levying of the excise money. Likewise all the defenders (at the least one or other of them) were art and part of the said public rebellion. Likewise the said George, marquis of Huntly at the time of the said public rebellion did nominate and appoint George Gordon of Knockespock (alias the chamberlain to the commissary-general of the said army), which George Gordon gave pay to the captains and soldiers and received daily from the treasurer of Aberdeen a daily imposition and stent of 5s per day to every soldier of 500 men or thereabouts for 14 or 20 days or thereby. Likewise the said George, marquis of Huntly gave warrant and direction to the said late Sir John Gordon of Haddo, one of his accomplices and associates in the said rebellion, by his warrant subscribed with his hand, dated the [...] day of March 1644, to take one of the foot companies of the marquis's army which was then quartered in the old town of Aberdeen and to go along forthwith to the houses of the free lieges after-following, namely: to the houses of Straloch, Knockhall, Ardgicht, Auchterallan and Towie and to the town of Turriff and to bring from there all arms and other ammunition as were for the time in the aforesaid places, and to bring them to the rendezvous of the said marquis of Huntly's army at Aberdeen upon 2 April thereafter. Likewise also the said George, marquis of Huntly gave order and command to the said late Sir John Gordon of Haddo to pass with a commanded party to the laird of Tipperty's house, which in February 1644 was kept and held by Captain Patrick Forbes for and at the command of the estates of the kingdom, and gave order to the said late Sir John Gordon to take all the arms and ammunition that the said Captain Patrick Forbes had there, the said George, marquis of Huntly having about the same time, namely: upon 24 February 1644 by his letter subscribed with his hand threatened the said Captain Patrick Forbes therewith, which letter bears that the said marquis, being informed that the said Captain Patrick Forbes with some of his followers had recently addressed themselves to certain of the laird of Tipperty's lands for executing certain orders from the committee of war of the sheriffdom of Aberdeen, that therefore the said marquis did consider Tipperty as so loyal a subject to the king and such a friend to himself that he could not give way to any violence to be given or done to him, his tenants or to his lands as far as he could be able to prevent them, whereupon the said late Sir John Gordon in the month of March sent to the house of Towie pertaining to [...] Barclay of Towie, and finding that there was no person inhabiting the same for that time, he set six musketeers to occupy the same, and at the same day the said late Sir John Gordon having sent for Walter Grant, tutor to the laird of Towie, and having met with the said Walter that night in Turriff and the said Walter refusing to give the arms that were in the said house of Towie to the said late Sir John, the said late Sir John kept the said Walter with him all that night and threatened him that if he would not deliver the arms that he would break up the gate and take the arms and send the said Walter away to the marquis of Huntly. Likewise upon the day thereafter, the said Walter still refusing, the said late Sir John Gordon caused the gates to be broken up and entered the house and took out all the arms and certain ammunition that was therein, namely: ball, powder and match and sent the same to the marquis of Huntly with the said Walter Grant captive and prisoner with a guard of four gentlemen. Likewise to that effect the said George, marquis of Huntly wrote a letter to the said late Sir John Gordon of Haddo, dated 13 March 1644, whereby the marquis promised to send six carriage horses to attend the transporting of the said arms and ammunition (except so much as might have been necessary to defend the house), which house mentioned in the letter refers to the house of Towie in respect of the subsequent words of the said letter, whereby the said marquis ordained the said house to be redelivered to some man of Walter Grant's naming, the said Walter being himself to go towards the marquis with those whom the marquis was to send the day thereafter for the ammunition. And also in respect of another letter written by the said George, marquis of Huntly relative to the aforesaid letter bearing that the said marquis had written to the said late Sir John Gordon the last night for leaving some men in the house of Towie, likewise also the said Sir John Gordon of Haddo, by the aforesaid order and command of the marquis of Huntly, went accompanied with Nathaniel Gordon and certain others who were servants to the marquis of Huntly upon the [...] day of February or March 1644 to the house of Tipperty where the said Captain Patrick Forbes was at the time for the public use of this kingdom and took arms from the said Captain Patrick Forbes and his soldiers, namely: 15 muskets or 7 or 8 swords, in doing whereof the said marquis of Huntly and other defenders have risen in open rebellion in manner above-specified; at the least they (or one or other of them) are art and part in the same rebellion against the estates of this kingdom and public good thereof. Likewise also there having been a commission and charge directed by the convention of estates or their committees dated at Edinburgh, 13 December 1643 giving warrant and commanding and charging the sheriff principal of Banff and his deputes to go and seize upon the said marquis of Huntly's houses within the said sheriffdom and to remove the said marquis forth thereof, and to make an inventory of the goods and gear being therein for the time and to keep the same, and to intromit with the rents and duties of his lands and to make the same forthcoming to the public; and for obedience to the said charge and commission, Robert Wilson of Brackenhills, sheriff depute of Banff, having passed on 6 February 1644 to the house of the Bog of Gight and there having required the said marquis of Huntly personally to render the said house of the Bog of Gight and others within the said sheriffdom to the said sheriff principal and his deputes, according to the tenor of the said commission, the said George, marquis of Huntly refused to do the same because the said commission was not authorised by the king's majesty's approbation, and because, as he alleged, the king's majesty had disclaimed by his highness's letters issued or that should be issued thereafter under his majesty's name unless they were immediately approved by his highness, as authentic instruments taken upon the said marquis's refusal purports. Whereby the said marquis has contemptuously refused to obey the orders and command of the convention of estates and their committees and has kept the said house of Bog of Gight in their contempt albeit by the laws of this kingdom and practice thereof the convention of estates of this kingdom may lawfully and warrantably do such things as may conduce for the good and peace of this kingdom. And therefore the said George, marquis of Huntly and the other defenders (at least one or other of them) have committed and are guilty (at the least are art and part) of the several crimes of treason above-specified and other crimes, misdeeds and malversations particularly and generally above-written, and consequently have incurred the aforesaid pain and punishment of treason or otherwise to be censured and punished in their persons, goods, estates, names and fames to be applied to the use of the public and otherwise at the judgement of the parliament as open and manifest traitors and enemies to the same according to the nature and quality of their crimes, misdeeds and malversations aforesaid, according to the laws and practice of this realm and justice, reason, equity and conscience at the determination and judgement of the parliament, according to the sentence, decreet and deliverance of the estates of parliament to be delivered, given and pronounced by them against the said marquis of Huntly and the other defenders contained in the summons raised relating thereto, as the aforesaid summons of treason granted by deliverance of the lords commissioners of the convention of estates, dated 29 March 1644 and signed 1 April the same year, purports and bears, and anent the charges given to the said George, marquis of Huntly and to the other defenders contained in the aforesaid summons and the tutors and curators of so many of them as are minors (if they have any) for their interest by James Currie, Islay herald, upon 2 and 3 April 1644 at the market cross of Edinburgh and pier and shore of Leith respectively and by George Neill, messenger, upon 22 April 1644 at the market cross of Stonehaven as follows, namely: by open proclamation and sound of trumpet at the market cross of Edinburgh and pier of Leith after reading of the said summons and by open proclamation at the market cross of Stonehaven after crying of three several oyes and reading of the said summons, because no safe access could be had for summoning the marquis of Huntly and the other defenders neither personally at their dwelling places nor at the market crosses of the head burghs of the shires where they dwell because of the present troubles in the north and because there is not safe access, neither to the said marquis and the other defenders themselves nor to their dwelling places nor market crosses of the shires and jurisdictions where they dwell, and so the aforesaid citation was made against them at the market cross of Edinburgh, pier and shore of Leith and market cross of Stonehaven as places appointed by the warrant of the aforesaid summons for citation of the said parties by order and deliverance of the said committee of convention of estates to have compeared before the estates of parliament at Edinburgh or where it should happen them to be on 4 June then next to come, with continuation of days, to have answered at the instance of the said Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, and of the said Sir Thomas Nicolson, Mr Roger Mowat, Mr Alexander Pearson, Mr James Baird and Mr Thomas Nicolson, advocates, procurators for the estates of this kingdom of Scotland, for the crimes, facts and deeds particularly and generally above-written and to have heard and seen them determined and declared to be guilty of the same and to have incurred the pain of high treason against the king's majesty, his crown and estates of parliament of this kingdom and the pain of forfeiture of life, lands and goods and the benefit thereof to be applied to the use of the public or otherwise in the option and judgement of the parliament, and to have heard and seen them otherwise censured in their persons, goods, names and fames, lands and estates by fining, confining or otherwise as the parliament should think expedient at their option and judgement under the pain of treason and forfeiture or other pain or pains to be inflicted by the parliament at their option and judgement as said is. With certification to the disobeyers that if they compear not, the estates of parliament would then instantly proceed against them and each one of them who did not compear as rebels and traitors and guilty of high treason against the king's majesty, his highness's crown and estates of parliament of this kingdom to the forfeiting of their lives, estates, lands and goods or otherwise by punishing and censuring them in manner aforesaid to the use of the public. And that their absence and contumacy should be held as a manifest probation of their guilt without necessity of any further probation, but if they compeared and remained present for all the diets of procedure that then the parliament would proceed against them upon lawful probation to the forfeiting of their lives, lands and goods to the use of the public and censuring and punishing them otherwise in their persons, names and fames by fining and confining or otherwise according to the nature and quality of their crimes, misdeeds and malversations in the option and judgement of the parliament only to be disposed of by the parliament and using of them otherwise in all hostile manner as open and manifest traitors and enemies to the same, according to the laws and practice of this realm and justice, reason, equity and conscience at the decision, determination and judgement of the parliament, as the aforesaid executions subscribed and stamped by the said James Currie and George Neill, executors thereof, purports and bears. Which summons and executions thereof above-specified were publicly executed in presence of the parliament upon the said 4 June 1644 last (being the day of compearance thereof to which the said marquis of Huntly and other defenders were thereby cited as said is) by the said Mr Thomas Nicolson, one of the procurators of estate personally present for himself and in name of his majesty's advocate, and of the said Sir Thomas Nicolson, Mr Roger Mowat, Mr Alexander Pearson and Mr James Baird, procurators for the estates of this kingdom and the pursuers of the said summons. Likewise the said George, marquis of Huntly and other defenders specified in the summons and who are thereby cited were then three separate times publicly called in audience of the parliament then convened and at the great door of the parliament house by the ordinary macers of parliament to the effect above-specified, and being lawfully summoned in manner above-written and three separate times publicly called as said is, the said George, marquis of Huntly and other defenders aforesaid compeared not, neither by themselves nor none to answer for them, but were contumacious of the charge and citation aforesaid given to them as said is. Whereupon the said Mr Thomas Nicolson, for himself and in name and on behalf aforesaid, asked instruments. Thereafter the estates of parliament then convened did upon the [...] day of June 1644 nominate and appoint a committee of their own number to discuss, consider, receive and advise the relevance and probation of the aforesaid summons of treason produced, according to the power and warrant given by the parliament to that committee contained in the commission granted to them relating thereto, appointing the said committee to report their proceedings to the parliament, as the commission granted relating thereto purports. According to which and for obedience whereof, the said committee having various times met and convened (during the sitting of the parliament in 1644 to the effect aforesaid), the said Sir Thomas Hope of Craighall, his majesty's advocate, and the whole other procurators of the estate above-named, all then compeared personally in presence of the said committee and then declared that they proceeded in this place only against the said George, marquis of Huntly and the other defenders contained in the summons upon the first point of the said summons anent the capture of the magistrates of Aberdeen above-named, detaining them in prison and the said marquis's being accessory thereto and art and part thereof, and upon these other points of the summons anent the open rebellion by rising in arms and anent the marquis's appointing George Gordon of Knockespock to be commissary-general of his army the time of his aforesaid rebellion and anent the marquis's giving warrant to the said Sir John Gordon to the effect before rehearsed and concerning the said George, marquis of Huntly's keeping and holding of the said house of the Bog of Gight and his other houses within the sheriffdom of Banff and refusing to render the same, being lawfully warned thereto by warrant of the committee of estates in manner above-mentioned. Likewise the procurators for the estate did then for instructing and proving the aforesaid points of the summons proceeded upon produce before the said committee the particular letters and writs following, namely: a declaration emitted by the said marquis of Huntly subscribed with his hand, dated 20 March 1644, anent the taking and detaining of the magistrates of Aberdeen above-named; Item, a letter written by the marquis to the late laird of Haddo, dated 5 May 1644, anent the marquis's meddling with the said prisoners; Item, another declaration emitted and subscribed by the marquis of Huntly, dated 16 March 1644, anent the marquis's refusal to render his houses and anent his resolution to rise in arms to oppose the excise and loan money and the acts of the estates relating thereto and the levying of men for the Scottish army, which was levied by the estates of this kingdom for maintenance of the true religion and the defence of the mutual league and covenant; Item, a letter written by the said George, marquis of Huntly to the late laird of Haddo, dated 3 March 1644, anent the marquis's preparing of his friends in Marr and Garioch to concur with him; Item, the marquis's letter to the late laird of Haddo, dated 29 March 1644, giving orders to Haddo for taking out the arms out of the house of Straloch and other houses above-specified; Item, a letter written by the marquis to Captain Patrick Forbes, dated 24 February 1644, anent the laird of Tipperty and his lands; Item, a letter by the marquis to the late laird of Haddo, dated 13 March 1644, and another letter from the marquis to him, both anent the taking of the house of Towie and carrying of the arms from there; Item, a commission granted by the committee of estates, dated 13 December 1644, and directed to the sheriff principal of Banff and his deputes for seizing upon the said marquis's houses within the sheriffdom of Banff and removing of the marquis from there; Item, an act and instruments taken upon the said marquis of Huntly's refusal to render his houses to the sheriff depute, dated 6 February 1644; Item, another act upon instruments taken by the said marquis of Huntly upon his reasons to render the said houses, dated the said 6 February 1644. And the said George, marquis of Huntly and other defenders contained in the summons, being all lawfully summoned in manner and to the effect before rehearsed and often called in face of parliament in June 1644, were likewise often called before the said committee at the open doors of the parliament house where the said committee sat, to have compeared before the said committee and to have heard and seen the relevance and probation of the aforesaid summons of treason discussed, received and advised by the committee against them, and compeared not but failed likewise to compear before the said committee as said is. Whereupon the said committee did proceed to discussing the relevance of the aforesaid summons and receiving the probation thereof against the said George, marquis of Huntly and other defenders then proceeded against in manner before declared, and the committee having various and sundry times met and convened to that effect and considered and discussed the relevance of the said summons, as also received and advised the depositions of various and sundry famous witnesses with the said writs and other probation for proving of the points above-written of the said summons proceeded upon against the said George, marquis of Huntly and other defenders proceeded against before that committee as said is, they, after consideration and advising thereof and what they had found concerning the aforesaid relevance and probation, drew up their report and what they had found relating thereto in writing under the subscription of John [Elphinstone], lord Balmerino, president of the said committee, as the same dated 24 July 1644 and subscribed by the said Lord Balmerino, president of the said committee, in itself purports. Which report so subscribed was thereafter produced in parliament in July 1644 to have been then heard, advised and sentence pronounced therein by the estates of parliament as they should have thought expedient. And now being on this 8 March 1645 produced in presence of the estates of parliament now convened in parliament by the said Mr Thomas Nicolson, personally present for himself and in name and on behalf aforesaid, and being publicly read in audience of the parliament, the estates of parliament declare that they will only at this time take into consideration the aforesaid report produced to be advised by them and to proceed against the said George, marquis of Huntly and Alexander Gordon of Birsemore, and that they will postpone the discussion of the aforesaid report for the other defenders contained therein at this time until such time as the estates shall think convenient. And thereafter the said George, marquis of Huntly and Alexander Gordon of Birsemore (against whom the report produced is only now taken into consideration to be advised as said is) being publicly called three separate times in audience of the parliament and at the great door of the parliament house by the macers of parliament to have heard and seen the aforesaid report produced and summons above-written advised by the estates of parliament and sentence pronounced against them therein, according to the desire and conclusion of the aforesaid summons of treason and according to the report produced, the said George, marquis of Huntly, compeared not, neither by himself nor no other to answer for him, and the said Patrick Leslie, commissioner for the burgh of Aberdeen, present in parliament, compeared for the said Alexander Gordon of Birsemore, his son-in-law, and adhered for him to the said report produced. The estates of parliament, having read, considered and advised the aforesaid summons and and report produced for the part of the said George, marquis of Huntly, they find the first part of the summons concerning the capture of the magistrates of Aberdeen above-named anent the said George, marquis of Huntly's being accessory to and art and part of the capture and detaining as prisoners the magistrates of Aberdeen relevant and sufficiently proven against the said George, marquis of Huntly to infer against him capital punishment; and also find that member above-mentioned of the aforesaid summons anent the said George, marquis of Huntly's rising and taking up arms in the north by way of public rebellion in this month of March 1644 relevant and sufficiently proven against the said George, marquis of Huntly to infer against him the pain and punishment of treason, namely: forfeiture of life, lands, heritages, estates, goods and gear whatsoever moveable and unmoveable. Item, the estates find these parts and members of the aforesaid summons anent the said marquis of Huntly's establishing of George Gordon of Knockespock to be commissary-general for his army the time of his aforesaid rebellion and anent his giving orders and warrant to the late laird of Haddo to go to the house of Towie and other houses above-mentioned for taking of the arms in manner above-written relevant and particular acts and qualifications of the said marquis of Huntly's rebellion and sufficiently proven; and also the said estates find that part above-mentioned of the said summons anent the marquis of Huntly's refusal to render his houses within the sheriffdom of Banff to the sheriff depute of Banff after he was required thereto relevant and sufficiently proven against the said marquis of Huntly to infer against him the pain and punishment of treason, namely: forfeiture of life, lands, goods and gear and find him thereby to have committed and to be guilty of the crime of treason, and therefore and for the other treasonable crimes above-specified found relevant and proven against him in manner aforesaid to have incurred the pain and punishment of treason. And therefore the estates of parliament give forth and pronounce their decreet and sentence of forfeiture against the said George, marquis of Huntly in manner above-written and as follows, namely: the said estates find, determine and declare that the said George, marquis of Huntly has incurred the pain and punishment of treason, that is forfeiture of his life, lands, heritage, estate, goods and gear heritable and moveable and determine and declare the said George, marquis of Huntly a traitor to the estates of this kingdom, and forfeit him, his life, lands, heritage, estate, goods and gear heritable and moveable to be applied to the use of the public, and order the lyon king at arms to tear and delete out of the book of arms in face of parliament or before the committee of parliament and at the cross of Edinburgh after sound of trumpet the arms of the said George, marquis of Huntly. Which words aforesaid of the decreet and sentence of forfeiture, being publicly read in audience of the parliament, was given out and pronounced for doom and law against the said George, marquis of Huntly in audience of the parliament by the mouth of John Milne, dempster of parliament. Whereupon the said Mr Thomas Nicolson, personally present in name of the said Sir Thomas Hope, his majesty's advocate, and for himself and the other procurators of estate above-named, asked instruments. And also the said estates of parliament, having likewise read, considered and advised the aforesaid summons and report produced for the part of the said Alexander Gordon of Birsemore, they find that he can in no way be comprehended under the certification of the said summons, seeing that there is nothing proven against the said Alexander Gordon of Birsemore that he had any charge under the said marquis in the said rebellion nor that he was in any action or service with him. And therefore the estates absolve the said Alexander Gordon of Birsemore for the aforesaid desire and conclusion of the said summons of treason for the crimes and causes particularly and generally above-written contained therein and declare him released and freed thereof. Whereupon the said Patrick Leslie, personally present in name of the said Alexander Gordon of Birsemore, asked instruments.†
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Forasmuch as the estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, taking into their consideration that there was process and action intended before the committee of estates upon the forfeiture of Patrick Ruthven, sometime earl of Forth against John [Lyon], earl of Kinghorn, John [Hay], lord Yester, Sir Patrick Ogilvie of Inchmartine, Sir Thomas Blair of Balthayock, Sir Peter Hay of Megginch, Patrick Kinnaird of Inchture and William Butter of Kinfauns anent determining them to make payment to Sir Adam Hepburn of Humbie and his deputes for the use of the public of the sum of 110,000 merks Scots money with the annualrent thereof contained in the two separate precepts raised before the committee of estates relating thereto, the one against the said earl of Kinghorn and Lord Yester as cautioners to the said Patrick Ruthven, sometime earl of Forth for [Gilbert Hay], earl of Erroll for payment to the said Patrick Ruthven, then earl of Forth of the sums above-written, and the other against the said Sir Patrick Ogilvie, Sir Thomas Blair, Patrick Kinnaird, William Butter and Sir Peter Hay as cautioners for the late George, earl of Kinnoull to the said Patrick Ruthven, as the two several precepts raised and depending relating thereto more fully purports. And herewith also considering that the course and progress of the aforesaid process has been interrupted by the intervening and sitting of this present session of parliament, whereby the commission and power granted to the committee of estates did become void and extinct, therefore and because the aforesaid process is not discussed and no final sentence and determination is given therein, the said estates of parliament do hereby remit and commit the aforesaid process above-mentioned to the committee of estates now nominated and appointed by the parliament residing at Edinburgh, with power to them to proceed therein and to discuss all the defences, answers, replies and other exceptions already proposed and given in in the said actions or to be proposed and given in therein to the final end and decision thereof, and to pronounce and give forth their final sentence, decreets and determinations in the said actions likewise and in the same manner (with power to them to ordain and appoint all execution needful, personal or real, to be directed and pass upon their said decreets or decreet to be given by them in the matter above-mentioned for fulfilling thereof and payment of the sums to be determined therein as the estates of parliament might have done if they were sitting in parliament, and also with power to the said committee to grant discharges upon the receipt of the monies to be determined, according to the 34th act of the first session of this parliament of 27 July 1644; which discharges the estates declare shall be as sufficient as if the same were granted by the estates of parliament themselves convened in parliament according to the aforesaid act) as the estates of parliament in parliament might have done themselves if their actions had been taken into consideration by the parliament to have been decided and determined in parliament. And the estates of parliament declare that the decreets and sentences to be given and pronounced by the said committee of estates shall have the authority, force and strength of an act of parliament, and therefore they order the said committee of estates to proceed in discussing and deciding the said actions with all the defences and answers hereupon proposed and given in or to be proposed and given in by either party against and in fortification of the said pursuits until the final end and decision thereof, and to give and pronounce decreet and sentence therein as said is.
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Forasmuch as the estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, having given commission and warrant to Robert [Balfour], lord [Balfour of] Burleigh, James [Elphinstone], lord Coupar, John Brisbane of Bishopton, Hugh Campbell of Cessnock, John Semple [of Stainflett], burgess of Dumbarton, and William Glendinning [of Gelstoun], burgess of Kirkcudbright, for hearing and examining John, earl of Traquair anent these monies claimed from him as owing by him to [Robert Dalzell], late earl of Carnwath, and they having accordingly met and having heard and examined the said John, earl of Traquair relating thereto, they this day produced in parliament their report underwritten, namely: The lords and other commissioners aforesaid, having demanded the said earl concerning these monies acclaimed from him as owing by him to the late earl of Carnwath, he did ingeniously and clearly declare that he had received from Sir John Dalzell of the late earl of Carnwath's monies 37,000 merks Scots, whereupon he then subscribed and delivered to the said Sir John Dalzell a bond for repayment thereof to the late earl of Carnwath at the term contained in the bond, which was about the time of the process against him at the instance of Sir John Ruthven. As also he showed and made clear to the lords and others aforesaid these grounds: whereupon in law as he assuredly thought in his judgement he could clearly liberate himself of the payment of the sum against the Lord Carnwath or any private party having right from him, and thereupon forbade his factors from paying any further annualrent; but in respect that the estates found themselves interested in this sum, he would not contest nor adhere to any legal defence but pay the same as the estates should appoint at such a competent time as they should think fit to grant. Which, in respect of the 40,000 merks that he has presently to pay to the estates for himself this night or the morning, he hopes the estates will grant him some reasonable time or terms to pay the other sum of 37,000 merks, and represents to the estates that he may be secured relating thereto at all hands whatsoever that he be not hereafter troubled for repayment thereof in whole or in part. This being considered by the committee, they in their opinion think the declaration clear and that the grounds related by the earl of Traquair might have consideration and weight in law against the late earl of Carnwath or any private party having right from him, but because the earl of Traquair adheres not thereto because the estates find themselves interested in this sum, the committee think that the earl of Traquair should be sufficiently secured upon the payment of the sum acknowledged by him from all further payment thereof, which in their opinion should be an act of parliament in his favour relating thereto for the estates' part and be a discharge granted by this earl of Carnwath upon receipt of the sum, with absolute warrant to the earl of Traquair for the same against all persons and at all hands whatsoever, seeing that this sum comes to his use and liberates him for as much, as the report bears. Which report being read in audience of the parliament and being debated, heard and considered by the estates of parliament, they after voting decree and order the said John, earl of Traquair and John [Stewart], lord Linton, his son, as cautioner for him jointly and separately, to make payment to Gavin, now earl of Carnwath, lord Dalzell of the aforesaid sum of 37,000 merks Scots money contained in the report above-written at the term of Whitsunday [25 May] 1645, upon a discharge to be made and granted, subscribed and delivered by the said Gavin, now earl of Carnwath, lord Dalzell to the said John, earl of Traquair and John, lord Linton upon the receipt from them of the sum above-written containing absolute warrant by the said earl of Carnwath to the earl of Traquair and Lord Linton for their exoneration anent the payment of the aforesaid sum and of the bond granted by the earl of Traquair for payment thereof and of all execution that may follow upon the said bond and upon this decreet at all hands and against all persons as law will, which discharge the estates of parliament find and declare to be a sufficient discharge and exoneration to the said John, earl of Traquair and Lord Linton for the said sum and bond granted thereupon and this present decreet at all hands as said is; and the estates declare that this present decreet given against the said John, lord Linton as cautioner for the said John, earl of Traquair, his father, shall be as sufficient against him to the effect before determined as if he were major of the age of 21 years complete and that he shall never be heard to quarrel nor impinge the same upon the reason of his minority, for the which the estates hereby dispense; and order letters to be directed hereupon at the instance of the said Gavin, now earl of Carnwath, lord Dalzell for payment to him of the sum above-mentioned at the term above-written upon a simple charge of six days only without any further requisition or premonition to be made by him to the said earl of Traquair and Lord Linton.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, taking into consideration the contract after-specified, with the general assembly's recommendation to the parliament for ratifying the same contract, have ratified, approved and confirmed and by this act ratify, approve and confirm the contract dated 1 August 1644 made between Mr Henry Calvert, minister at Paisley, on the one part, and Mr Alexander Dunlop, student in divinity, on the other part; and both the said parties, with consent of the moderator and other brethren of the presbytery of Paisley whereby Mr Henry Calvert, first and principal minister at Paisley, with consent of the presbytery of Paisley, has assigned to the said Mr Alexander Dunlop and his successors, second ministers at the kirk of Paisley, five chalders of oat teind meal of the 15 chalders of victual appointed by the decreet of the commissioners for plantation of kirks as a provision for the ministry at the kirk of Paisley in manner mentioned and set down in the said decreet, as the same decreet dated 1 July 1635 bears. Likewise also the said Mr Henry Calvert, being willing that the kirk may be the better planted with a second minister, has likewise added and assigned to the said Mr Alexander Dunlop and his successors, second ministers at Paisley, another chalder of victual out of the said first minister's stipend, making in total six chalders of victual to the second minister at Paisley and his successors, and has, with consent aforesaid, assigned the same six chalders of victual to the said Mr Alexander Dunlop and his successors yearly out of the teinds of the lands of the locality mentioned in the said decreet and contract respectively, whereof four chalders of oat teind meal and two chalders of white teind meal and barley for his whole stipend for serving the cure as second minister and helper or colleague with the said Mr Henry Calvert and for furnishing elements to the communion proportionally yearly at the said kirk; which six chalders of victual the said Mr Alexander Dunlop, for himself and his successors, second ministers at Paisley, with consent of the presbytery thereof, has accepted in full satisfaction to him and his successors, second ministers at the said kirk, for their part of the said stipend and furnishing the elements to the celebration of the communion at the said kirk proportionally and for all further allowance can be craved by them out of the remainder of the stipend aforesaid, manse or glebe pertaining to the said Mr Henry Calvert or his successors as ministers at Paisley. Likewise the said Mr Henry Calvert and Mr Alexander Dunlop have obliged themselves and their successors, first and second ministers at Paisley, proportionally according to the proportion of the aforesaid stipend, namely: the said Mr Henry and his successors to pay three fifths thereof and the said Mr Alexander Dunlop and his successors two fifths thereof yearly in time coming, as the said contract of the date aforesaid more fully purports in all and sundry the heads, articles, clauses, obligations and conditions respectively of the aforesaid contract above-mentioned, and they declare this present ratification of the same contract to be as sufficient, valid and effectual as if the aforesaid contract was word for word and at length inserted herein, for the which the estates dispense.
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The estates of parliament, presently convened in the second session of this first triennial parliament by virtue of the last act of the parliament held by his majesty and three estates in 1641, for the many notable good services done to his majesty and to the estates of this kingdom by his highness's right trusty cousin and councillor, Alexander, earl of Leven and Alexander, lord Balgonie, his son, as well within this kingdom of Scotland as within the kingdom of England and by the said earl of Leven within the kingdom of Ireland in the public and most important affairs of this time, have ratified, approved and confirmed and by this act ratify, approve and confirm the charter granted by his majesty under the great seal, dated 18 November 1641, to and in favour of Alexander, earl of Leven in liferent and of the said Alexander, lord Balgonie, his son, and his heirs of tailzie specified therein in fee of the lordship and barony of Balgonie comprehending the lands of East Nisbet and others particularly and generally therein specified, lying within the sheriffdom of Berwick, the lands and barony of Balgonie comprehending the lands and others mentioned therein, lying within the sheriffdom of Fife, the lands of Treytounemure, the lands of Craigencalt, the lands of Easter Baglillie, with the mill called Inchdattie mill, lying within the said sheriffdom of Fife, and sundry other lands, mills, woods, fishings, coals, coalworks and others expressed in the said charter, which are all by the same charter newly united in a lordship and barony called the lordship and barony of Balgonie, to be held of his majesty and his successors in free lordship, free barony and free blench for ever for yearly payment of a white plume or white feather at the castle of Balgonie in name of blench ferm, if it be asked only, notwithstanding that the same was held of old by service of ward and relief and by the which charter his majesty promised in the first word to ratify the same in his highness's next parliament, and ordered the said charter to be a sufficient warrant to the estates of parliament for ratifying thereof and issuing an act thereupon, together with the precept of sasine following upon the said charter and instrument of sasine following upon the same precept, in all and sundry points, articles and clauses contained therein after the form and tenor thereof, and statute and ordained that this present confirmation of the same is and shall be as valid, effectual and sufficient as if the said charter, precept and instrument of sasine were at length inserted herein, dispensing by this act with the not inserting thereof in this act of ratification. Likewise the estates of this present parliament will, grant, statute and ordain that the lands, lordship, barony and others above-written in all time coming be held of his majesty and his successors by the said earl of Leven, his said son and his aforesaids in free blench for payment of the blench duty above-specified in name of blench ferm, if it be asked only, and find, declare, statute and ordain that the said charter, with the precept and instrument of sasine following thereupon and the other rights and securities made to the said earl of Leven, his said son and his aforesaids and their authors and predecessors, are and shall be sufficient and valid rights and securities for possessing and enjoying the lands, lordship, barony and others above-written, according to the tenors thereof in all points, in all time coming to be held of his majesty and his successors in free blench in manner mentioned therein.
[1645/1/217]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in the second session of this first triennial parliament 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's late dearest father, King James VI of blessed memory, under the great seal, to the late Mr John Preston of Fenton Barns, one of the senators of the college of justice, and Lilias Gilbert, his spouse, the longest liver of the two in conjunct fee and to their heirs and assignees specified therein heritably, of all and whole the lands of Guthers†, with the mansion houses, buildings, yards, coals, coalworks, parts, pendicles and all and sundry their pertinents lying within the sheriffdom of Edinburgh as principal and of all and whole the lands of Drum and Gilmerton, with the tower, fortalice, manor place, houses, buildings, yards, orchards, coals, coalworks, parts, pendicles and all and sundry their pertinents pertaining heritably then to Hugh Somerville of Drum lying within the said sheriffdom and that in special warrant and security of the said lands of Guthers, with the pertinents thereof above-specified, containing also a gift of novodamus and sundry liberties and privileges to be held of his majesty and his successors in fee and heritage forever by service of taxed ward and marriage for payment of £10 money of Scotland yearly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] by equal portions during the time of the ward and non-entry as the tax value thereof and of another £10 money for the relief of the same and of the sum of £100 money aforesaid for the marriage of the heir when it should happen in manner mentioned in the said charter and infeftment, which is dated at Holyroodhouse, 20 February the year of God 1602, with the precept and instrument of sasine following thereupon, together with another charter and infeftment granted by his majesty's said late dearest father, King James VI of blessed memory, under the great seal, to David MacCulloch, servant to [Thomas Hamilton], earl of Haddington, his heirs and assignees whatsoever heritably upon the resignation of Sir Michael Preston of Fenton Barns, knight, with consent of Dame Marion Hay, his spouse, and Mr John Hay of Easter Kennet of all and whole the aforesaid lands of Guthers, with the aforesaid mansion houses, buildings, yards, coals, coalworks, parts, pendicles and all their pertinents as principal and of the aforesaid lands of Drum and Gilmerton, with the pertinents above-specified, in special warrandice of the same, bearing also a gift of novodamus to be held of his majesty and his successors by service of taxed ward and marriage in manner respectively aforesaid and as is contained in the said charter and infeftment, which is dated at Edinburgh, 1 August 1622, with the precept and instrument of sasine following thereupon, together with another charter and infeftment granted by our sovereign lord the king's majesty under the great seal to the said David MacCulloch, his heirs and assignees whatsoever heritably and irredeemably of 12 acres of land called Priesthill, with the pertinents, pertaining of old to George Aitken of Underedge lying between the lands called St Catherine's on the west, the lands of Stanehouse on the east, the lands of Over Liberton on the north and the lands of South House on the south parts, and also of another nine acres of arable land lying at the brigend of Craigmillar bounded in manner specified therein, together with the teind sheaves included of all and sundry the aforesaid 21 acres of arable land with houses, buildings, yards, cottages and pertinents of the same lying within the parish of Liberton and sheriffdom of Edinburgh, and likewise of all and sundry the teind sheaves and parsonage teinds of the aforesaid lands of Guthers, with the pertinents of the same, bearing also a gift of novodamus to be held of his majesty and his successors in feu ferm and free blench ferm and heritage for ever for payment of the feu and blench duties mentioned in the said charter and infeftment, which is dated at Edinburgh, 8 March 1634, with the precept and instrument of sasine following thereupon, in all and sundry heads, articles, clauses and circumstances whatsoever of the aforesaid three charters and infeftments respectively, and will and grant and also decree and order that the aforesaid ratification shall be as valid, effectual and sufficient to the said David MacCulloch and his aforesaids as if the said charters and infeftments respectively 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 dispensed and by this act dispense for ever.
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The estates of parliament, presently convened in this second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have for certain causes and considerations moving them ratified and approved and by the tenor hereof ratify and approve the charter and infeftment under his majesty's great seal of the date at Edinburgh, 5 February 1642 made and granted by our sovereign lord the king's most excellent majesty, with consent of the commissioners of the treasury for the time and the other lords of exchequer, in favour of Thomas, lord Kirkcudbright and Dame Janet Douglas, his spouse, by which charter our said sovereign lord, with consent aforesaid, gave, granted and conveyed to the said Thomas, lord Kirkcudbright and Dame Janet Douglas, his spouse, and to the longest liver of the two jointly and to the male heirs lawfully procreated or to be procreated between them, which failing, to the said Thomas, lord Kirkcudbright, his male heirs and assignees whatsoever heritably and irredeemably, all and sundry the lands and barony of Twynholm, alias Campstoun, comprehending the lands, mills, houses, yards and others particularly expressed in the said charter. As also his majesty, with consent aforesaid, gave, granted and conveyed to the said Thomas, lord Kirkcudbright and to the male heirs lawfully procreated or to be procreated between him and his said spouse, which failing, to the said Thomas, lord Kirkcudbright, his male heirs and assignees whatsoever heritably and irredeemably as said is all and whole the lands and barony of Bombie, comprehending the lands, mills, yards, orchards, castles, towers, fortalices and others at length set down in the said charter, all united and annexed in a barony called the barony of Bombie. As also gave, granted and conveyed to the said Thomas, lord Kirkcudbright, his male heirs and assignees aforesaid all and whole the five pound land of Overlaw, with houses, buildings, yards, parts, pendicles and pertinents of the same, all lying within the stewartry of Kirkcudbright, together with the precept of the date of the said charter, with the instrument of sasine following thereupon, dated 10 December 1642, registered in the general register for registration of sasines and others upon 30 December, in all the heads, clauses and conditions thereof, and declare this present ratification to be as good, valid and effectual as if the above-written charter, precept and instrument of sasine following thereupon were inserted and set down herein fully and word for word, for the which the estates of this present parliament have dispensed and by this act dispense.
[1645/1/219]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, for the good true and thankful service done to his highness and to the estates of this kingdom by his majesty's beloved John Cunningham of Barns in building and erecting upon the isle of May belonging to him lying in the mouth of the Firth [of Forth] of a lighthouse and keeping and maintaining a light therein continuously in the night time for the safety and directing of sailors in their incoming and outgoing of the said Firth in dark nights, upon his great charges and expenses, have ratified, approved and confirmed and by this act ratify, approve and confirm the charter made and granted by his majesty under his highness's great seal on 6 January [...] to and in favour of the said John Cunningham of Barns and his male heirs, of tailzie and assignees specified therein of the lands and barony of Westbarns, comprehending the lands of Westbarns and others particularly and generally mentioned therein, lying within the sheriffdom of Fife, the islands and isle of May and others specified therein, lying in the mouth of the water of Forth within the bailiary of Pittenweem and the said sheriffdom of Fife, proceeding upon his own resignation, containing a new gift of the lands and others aforesaid, together with the said lighthouse built on the aforesaid isle, with the privileges and emoluments used and customary, due and pertaining thereto and others mentioned in the said charter, all newly united in a barony called the barony of Westbarns, to be held of his majesty and his successors for payment of the blench and feu duties specified in the same charter, together with the precept and instrument of sasine following thereupon, in all and sundry points, articles and clauses contained therein after the form and tenor thereof, and statute and ordain that this present confirmation of the same is and shall be as valid, effectual and sufficient as if the said charter, precept and instrument of sasine were at length inserted herein, dispensing by this act with the not inserting thereof in this act of ratification.
[1645/1/220]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have ratified, approved and confirmed and by this act ratify, approve and confirm the charter granted by his majesty under the great seal to Sir Andrew Fletcher of Innerpeffer, knight, one of the senators of the college of justice, of the lands and barony of Saltoun respectively mentioned therein, with the teinds, parsonage and vicarage of the parish kirk and parish of Saltoun and of the lands and barony of Glencorse, containing therein a new gift and all thereby united in a free barony called the barony of Saltoun, to be held of his majesty and his successors for payment of the blench and feu duties expressed therein, whereby his majesty willed and granted and for his highness and his successors decreed and ordained that the aforesaid lands and baronies of Saltoun and Glencorse shall be held by the said Sir Andrew Fletcher and his aforesaids in all time coming of his majesty and his successors in free blench for the yearly payment of 1d money of this realm mentioned in the said charter, notwithstanding that the same lands and baronies were held by the authors of the said Sir Andrew Fletcher of his majesty and his predecessors by service of ward and relief or any other manner of holding, and by the which charter his majesty faithfully promised in the first word to have the said charter or infeftment ratified in his highness's next parliament by his majesty, with advice and consent of the estates of the said parliament, which charter is dated at Oxford, 24 July 1643, with the precept and instrument of sasine following thereupon, in all and sundry points, articles and clauses contained therein, after the forms and tenors thereof, and by this act they declare this present ratification thereof to be as sufficient and valid in all respects as if the same were at length and word by word inserted herein, dispensing by this act with the not inserting thereof, and will and grant, statute and ordain that the aforesaid lands and baronies of Saltoun and Glencorse and the teinds of the said parish of Saltoun shall be held in all time coming by the said Sir Andrew Fletcher and his aforesaids of our sovereign lord and his successors in free blench for payment of the blench duty mentioned in the said charter and according to the same charter in all points.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the charter of alienation made and granted by the late John [Bothwell], lord Holyroodhouse to the late Sir William Nisbet of Dean, his male heirs and assignees whatsoever heritably and irredeemably, without reversion, redemption or regress for ever of all and sundry the teind sheaves of all and whole the lands of Dean, with the pendicles and pertinents thereof whatsoever, lying within the diocese of St Andrews and sheriffdom of Edinburgh, to be held of our sovereign lord and his highness's successors as immediate superiors thereof in manner specified in the said charter, dated 7 December 1630, precept of sasine contained therein and instrument of sasine of the said teinds following thereupon of the date the [...] day of [...] 16[...], and the letter of tack and assedation made by way of contract passed between the said John, lord Holyroodhouse on the one part, and the said late Sir William Nisbet of Dean on the other part, set and granted by the said late John, lord Holyroodhouse to the said late Sir William Nisbet for all the days, space and years of his lifetime, and after his death to his heir, for the space of his heir's lifetime, and after the death of his heir, for the space of a second heir's lifetime, and after the death of the second heir, for the whole space and years of seven heirs or their successors' whole lifetimes successively after each other, and so forth from heir to heir or from each successor's death for the space of nine heirs' lifetimes, and after the death of the said late Sir William and after the death of the last of the said nine heirs' lifetime, for the space of 19 years, and after the expiring of the said 19 years, for the space of another 19 years, and after the expiring of the said second 19 years, for the space of a third 19 years, and so forth from 19 years to 19 years for the space of 10 periods of 19 years successively after the others after the death of the last of the nine heirs or successors, of all and sundry the said parsonage teind sheaves of the said lands of Dean, with the pertinents, next after the said late William's entry thereto, which began at Lammas [1 August] 1630 for payment of the year's duty mentioned in the said tack contained in the said contract made relating thereto on 1 December 1630 and the charter of confirmation granted by our sovereign lord the king's majesty, with advice and consent of his highness's treasurer principal and deputy and the other lords of his highness's exchequer and his highness's commissioner, to the said late Sir William Nisbet ratifying and approving and for his highness and his successors perpetually confirming the said charter and letter of tack and assedation of the said teind sheaves of the said lands of Dean, with the pertinents, in manner specified in the said charter of confirmation under his highness's privy seal, dated 15 February 1634, and also the letter of alienation and disposition made and granted by John [Campbell], earl of Loudoun, lord Mauchline and Tarrinzean, high chancellor of Scotland, as having full commission granted by his majesty to him, with advice and consent of the commissioners of exchequer present and being for the time, or any two of them, to set, alienate and heritably convey and renounce the annuity due to his majesty and his highness's successors out of the teinds of the lands within this realm in manner specified in the commission granted by his highness to the said lord chancellor, with consent aforesaid, to that effect, dated 7 May 1642, to and in favour of the said Sir William Nisbet now of Dean, his heirs and assignees, whereby the said lord chancellor as commissioner, having power, with consent aforesaid, has sold, alienated, renounced, assigned and conveyed to the said Sir William Nisbet now of Dean and his aforesaids heritably all and sundry annuities indebted to his majesty in any manner of way out of the said teind sheaves of the said lands of Dean and pultrie lands†, with their parts, pendicles and pertinents, and that of all years bygone and in time coming, renouncing, discharging and giving over to the said Sir William and his aforesaids all right and title whatsoever which his highness or his successors had, has or in any way can pretend to the said annuity of the said teinds of the said lands or any part thereof of any years bygone or to come, and declaring the said Sir William and his aforesaids free and released from the said annuity of the said teinds of the said lands for ever in manner specified in the said disposition of the said annuity of the said teinds made relating thereto, dated 24 December 1642, as the said charter, precept of sasine contained therein and sasine following thereupon, letter of tack and assedation of the said teinds contained in the said contract and letter of disposition of the said annuity of the said teinds of the dates respectively aforesaid in themselves at more length bears, in all and sundry heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points, and will and grant, decree and ordain that the said rights of the said teinds and annuities thereof are and shall be as good, valid and sufficient in themselves to the said Sir William Nisbet, for himself and as heir to the said late Sir William, his father, his heirs and assignees for possessing the said teinds and annuity thereof, as well of all years and terms bygone since the dates thereof as in time coming, as the said charter, precept and sasine and tack of the said teinds and disposition of the said annuity thereof above-written were all at length specially and particularly herein engrossed, inserted and contained, for the which the said estates of parliament have dispensed and by this act dispense for ever.
[1645/1/222]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify, approve and for his highness and his successors perpetually confirm the charter made and granted by his highness's late dearest father, King James VI of worthy memory, with consent of his highness's treasurer for the time, to the late Sir William Nisbet, then styled William Nisbet of Dean, merchant burgess of Edinburgh, father to Sir William Nisbet now of Dean, his male heirs and assignees whatsoever heritably, of all and sundry the lands and others underwritten, namely: of all and whole the lands of Dean, with the corn-mills and waulk-mill thereof, mill-lands, multures and sequels of the same, all and whole the muir called Highland muir, being a proper part and pertinent of the said lands of Dean lying within the bounds, boundaries and borders underwritten, namely: between the lands of Ravelston on the west and north parts and the proper arable lands of the Dean on the east and south parts, with all and sundry houses, buildings, yards, orchards, dovecots, fishings, outsets, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the said lands and others above-written whatsoever lying within the sheriffdom of Edinburgh and near the burgh thereof upon the said late William's (thereafter Sir William) own resignation, with the new gift and disposition of the said lands, mills and others above-written contained therein and the making, erecting, union, annexing, creating and incorporating of all and sundry the said lands, muir, mills and others above-written in a whole and free barony, to be called then and in all time coming the barony of Dean, and ordaining a sasine to be taken then and in all time coming by the said late Sir William, his male heirs and assignees aforesaid upon the ground of any part of the said lands of Dean to stand and be sufficient for the whole lands, muir, mills and others above-written to be held of our said late sovereign lord and his highness's successors in fee heritage and free barony for ever for payment yearly thereof of the rights and services used and customary and the taxing and modifying of the ward and non-entry of the said lands to the sum of 40 merks money of this realm yearly during the time thereof, and the marriage of each male heir to the sum of 500 merks money aforesaid so often as the same shall become vacant and fall in manner specified in the said charter granted thereupon, under his highness's great seal, dated at Royston, 26 April 1610, as the same of the date aforesaid at more length bears, with the precept of sasine directed thereupon and sasine following thereupon whereby the said Sir William Nisbet now of Dean was served, retoured, entered, infeft and seised as heir to the said late Sir William Nisbet, his father, in the said lands, barony and others above-written in all and sundry heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points, and will, grant, decree and ordain that the said rights and this present confirmation thereof are and shall be good, valid and sufficient in themselves to the said Sir William Nisbet now of Dean, son and heir aforesaid, his male heirs and assignees aforesaid for possessing the said lands, barony and others above-written contained therein to be held of our sovereign lord and his highness's successors in fee heritage and free barony for ever and in taxed ward for payment of the taxed ward duties above-written, according to the said charter above-mentioned in all points perpetually and for ever, without any obstacle, question, contradiction or impediment to be made in the contrary. And in consideration that as the highway, gate and passage that leads by the place and town of Dean through the south side thereof by the gate of the said Sir William's place, yards and planting there and by his teind barn and teind barnyard and by the houses of his tenants of Dean and doors thereof, whereby all men on horse and foot travel and have travelled, is very hurtful, noisome and prejudicial to the said Sir William and his tenants and may be more commodiously had another way, namely: by going over at the east end of the town of Dean and going west and east at the bank of the said place and town of Dean, orchards and yards thereof on the north side of the same, which the said Sir William, not being willing to alter or do himself, therefore the estates of parliament, being informed hereof by him at his earnest suit and desire, have given, granted and by this act give and grant full power and liberty to the said Sir William Nisbet, his male heirs and assignees to alter and change the said gate and passage from any farther going or coming in time coming by or through the said town of Dean on the south side thereof as it has been in use to be in time bygone, and to cause the said gate be made and used in going through at the east end of the said town of Dean and from there west and east by the back of the place and town of Dean, orchards and yards thereof by the heid-riggs† there, which the said Sir William Nisbet and his aforesaids shall be held to cause make and repair in a sufficient and large way, gate and passage for horsemen and footmen and for carts, sleds, loads and others coming, going and travelling that way; and for this effect give power to the said Sir William Nisbet and his aforesaids to have the said way and passage through the said town of Dean at the south side thereof as well at the east end and part as west end and part of the said town of Dean stopped, built up and blocked, and to keep and preserve the same for the proper use of himself and his tenants and of those with whom they shall have to do and desire and permit to come that way, and to build such gates and closures for that effect as they shall think most fit and expedient; without any peril or danger to be incurred by the said Sir William and his aforesaids in doing thereof and any objection or impediment to be made in the contrary, for the which the said estates of parliament have dispensed and by this act dispense for ever.
[1645/1/223]*[print] [email] [cite] [preceding] [following]
The estates of parliament, convened in this second session of parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have ratified, approved, likewise by this act ratify and approve a disposition of the heritable office of constabulary and keeping of the house of Huntingtower, office of forestry and keeping of all the woods, parks and plantings thereof and office of the stewartry and bailiary of the barony of Bambreich and of the feu duties of the said barony of Bambreich pertaining heritably to the late Mungo [Murray], viscount of Stormont, the feu duties of the lands and baronies of Strathbrand pertaining heritably to Sir William Stewart of Grantully, knight, and of the feu duties of the towns and lands of Craigingall, Nether Pitcairns, half lands of Monydie, half lands of Ragillime, half lands of Bameblair and mill of Coldrochie pertaining heritably to John Graham of Balgowan made and granted by Katherine Bruce, spouse to William Murray, one of his majesty's bedchamber, and having power and commission from him for managing and disposing upon his affairs within this kingdom of Scotland to and in favour of Mr Robert Bruce of Gelletts, advocate, his heirs and assignees, dated 26 February last, in all and sundry the heads, clauses and conditions thereof, as the same of the date aforesaid at more length purports; together with the charter under the great seal, dated 14 October 1634, with the precept and instrument of sasine following thereupon, whereby his majesty has given, granted and conveyed to the said William Murray, his heirs and assignees the said offices of constabulary and forestry and keeping of the said house of Huntingtower, castle, tower and manor place thereof with all the woods, parks, planting, orchards, yards, meadows and hedges and pertinents and said office of stewartry and bailiary, of all and whole the said lands and barony of Bambreich comprehending the particular towns and lands contained in the infeftment thereof granted to the said late Mungo, viscount of Stormont, together with the said feu mails, feu ferm duties and others of the said lands and baronies of Bambreich, lands and barony of Strathbrand and other lands particularly above-mentioned pertaining to the said John Graham of Balgowan, as the said charter bearing the aforesaid offices and feu duties to be redeemable by his majesty and his successors from the said William Murray and his aforesaids by payment of 40,000 merks Scots money, precept and instrument of sasine at more length purports, with the act of parliament ratifying and dissolving from the crown the said offices and duties, dated 28 July 1633. As also the estates aforesaid ratify and approve the letter of renunciation and discharge of reversion under his majesty's privy seal, dated 18 March 1643, whereby his majesty renounced and discharged the right of reversion of the aforesaid offices, feu mails and feu ferm duties in favour of the said William Murray and his aforesaids, as the same also in itself at more length bears. And the estates aforesaid will and declare that this present ratification shall be as valid and effectual to the said Mr Robert and his aforesaids as if the said charter, precept and instrument of sasine, discharge of reversion and disposition aforesaid were herein expressly inserted, for the which the estates aforesaid dispense for ever; and will and declare that the said offices, feu mails and feu ferm duties shall remain with the said Mr Robert Bruce and his aforesaids irredeemably in all time coming. Moreover, the estates aforesaid have dissolved and by this act of new dissolve and separate from the crown and patrimony thereof the aforesaid offices and feu duties and rescind and annul all acts of annexations, general or particular, and whatsoever other acts of parliament, laws and statutes prejudicial to the said charter, precept, instrument of sasine and discharge of reversion and disposition aforesaid and which in any way may seem to derogate from there in so far as may be extended to the said offices and feu duties only to the effect the said Mr Robert and his aforesaids may hold, enjoy, possess and intromit with the said duties and offices contained in the aforesaid rights, which are hereby declared to be a good, valid and effectual security to the said Mr Robert and his aforesaids in all time coming, without any action, question, obstacle or impediment to be moved relating thereto; and if need be they order a new infeftment to pass and to be made hereupon of the aforesaid offices, feu mails and feu ferm duties in favour of the said Mr Robert and his aforesaids heritably and irredeemably to be held of his majesty and his successors likewise and in the same manner as is contained in the said charter thereof under the great seal, for which this act shall be a sufficient warrant to the commissioners of treasury, treasurers and other lords of exchequer without any further warrant for that effect. And because the said discharge of reversion was not passed in exchequer nor through the seals but of late, by reason of necessary cause intervening of delay, and therefore could not be registered in the public register of sasines and reversions within the time prescribed by the act of parliament until the same were first passed the privy seal, therefore the said estates find, determine and declare that the said registration, being within 60 days from the date of appending the seal, which was upon 25 February last, to the said gift, shall be sufficient and as valid and effectual as if the same had been within 60 days after the date thereof, for the which the estates aforesaid dispense by this act.
[1645/1/224]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, by this act ratify, approve and perpetually confirm the charter made and granted by Charles [Seton], earl of Dunfermline, lord Fyvie and Urquhart, heritable bailie to his majesty of the lordship and regality of Dunfermline and commissioner and bailie lawfully constituted by his majesty for receiving resignations and granting charters thereupon in favour of all the vassals of the said lordship and regality of Dunfermline, of all the lands, teinds and others pertaining thereto and to the patrimony thereof held immediately of our said sovereign lord and his successors as lords of the said lordship and regality of Dunfermline, by virtue and according to the power and commission granted relating thereto by his majesty to the said earl of Dunfermline, his heirs and successors to him in his right of the tack of the said lordship of Dunfermline, dated at Holyroodhouse, 10 November 1641 and lawfully ratified and confirmed in parliament upon 17 November 1641, to and in favour of John Haliburton, merchant burgess of Edinburgh, his heirs and assignees whatsoever heritably of all and whole the wood of Garvock, which is commonly called Garvock Wood, with all and sundry lands, sheuchs†, hedges, trees, tofts, crofts, outsets, annexes, connexes, parts, pendicles and all their pertinents, together with all and sundry the teind sheaves and other teinds thereof whatsoever therein included, with the mansion houses and buildings built thereon by the late Sir Andrew Melville of Garvock, knight, by their own proper charges and their whole pertinents, lying in the parish and the said regality of Dunfermline and within the sheriffdom of Fife, proceeding upon the resignation of Mr Thomas Melville, brother-german to the late Sir John Melville of Raith, to be held of his majesty, his heirs and successors in the said lordship and regality of Dunfermline in feu ferm for payment of the feu ferm duty expressed therein, and performing the other conditions generally therein mentioned, dated at Edinburgh, 1 February 1644, with the precept of sasine inserted therein and the instrument of sasine following thereupon, in all and sundry heads, points, articles and clauses contained therein after the forms and tenors thereof, and they find, declare, statute and ordain that this present ratification of the said charter and sasine is and shall be as valid, effectual and sufficient in all respects as if the same charter and sasine were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof in this present ratification, and ordering this act to be a sufficient warrant to [Sir Alexander Gibson of Durie], clerk register, and his deputes for extending an act of parliament hereupon in due form.
[1645/1/225]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the letters of gift granted by Robert [Maxwell], late earl of Nithsdale to Alexander Maxwell, then of Little Cessnock, now of Dechmont, his servant, during all the days of his lifetime, thereby giving and conveying to him during all the days of his said lifetime in pension all and whole the sum of 300 merks money of Scotland, and that to be paid out of the parsonage teinds of the parish kirk and parish of Kirkbean indebted to the said late earl of Nithsdale by the late William Maxwell of Kirkhouse, then tacksman of the said parsonage teinds, or any others indebted to him in payment of the said teinds, beginning the first term's payment thereof at Martinmas [11 November] 1626 for the said crop and year, with the provision contained in the said letter of pension, whereby it is specially provided that after the expiring of the said late earl of Nithsdale's tack of the said teinds set to him by the laird of Drumlanrig, that then and in that case the said Alexander Maxwell should have recourse to seek the said pension out of any other of the said late earl of Nithsdale's readiest rents, as the said letter of gift of pension of the date 12 February 1627, registered in the books of council and session on 5 June thereafter the said year, at more length bears. And also the decreet obtained thereupon at the instance of the said Alexander Maxwell against the said late William Maxwell of Knockhouse, tacksman of the said parsonage teinds, and all and sundry the heritors, feuars, farmers and possessors of any lands within the said parish of Kirkbean and other intromitters with the parsonage teinds thereof and indebted and in use of payment for answering, obeying and making thankful payment and deliverance to the said Alexander, his factors and others in his name of the said pension of 300 merks money out of the readiest parsonage teinds of the said parish of Kirkbean and that of the said crop and year of God 1626, yearly since and yearly in time coming at the term of Martinmas during his said lifetime, according to the said gift and letter of pension in all points in manner specified in the said decreet of the date 7 November 1629 in all and sundry the heads, points, clauses, articles and conditions contained in the said letters of gift and decreet and after the form and tenor thereof in all points.
[1645/1/226]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the charter of donation, mortification, advocation, donation and right of patronage of the kirk of Elgin, with the privileges and liberties contained therein, made and granted by his majesty under his highness's great seal, with consent of the commissioners for the treasury, treasurer depute and other lords of exchequer for the time, to the provost, bailies, council and community of the burgh of Elgin in Moray and to their successors as provost, bailies, council and community thereof heritably of all and whole the lands of Glasgroin, with the pertinents, lying within the liberty and territory of the said burgh of Elgin and sheriffdom of Elgin and Forres, and by which charter our sovereign lord, with consent aforesaid, for the cause contained therein, mortified, gave, granted and conveyed for his highness and his successors to the kirk of Elgin, being lately the cathedral kirk of Moray and to the ministers then present and to come then and for ever for serving the cure at the same, the particular stipends and duties underwritten: namely, to the principal and first minister thereof and his successors all and whole 10 chalders of victual of valued bolls and 200 merks money of this realm of Scotland, with the manse and glebe as their sufficient stipend; and to the other second minister serving the cure there and his successors, all and whole 800 merks in money and bolls as for their sufficient stipends, with the sum of £40 for furnishing elements to the communion; all yearly to be uplifted and taken up at the terms of payment used and customary out of all and whole the parsonage teinds of the parish of Elgin and out of the first and readiest valued bolls, rents and duties of the said teinds; and to the reader at the said kirk and his successors, all and sundry the vicarage teinds of the vicarage of the said kirk of Elgin to be held, enjoyed, teinded, gathered in, used and conveyed by him and his successors at their pleasure, beginning the first year's payment of the said ministers' and reader's stipend and duties for furnishing of the said elements to the communion of the crop and year of God 1642 and likewise yearly thereafter and for ever in all time coming. And further our said sovereign lord, with consent above-written, gave, granted and conveyed and for his highness and his successors perpetually confirmed to the said provost, bailies, council and community of the said burgh of Elgin and their successors heritably the advocation, donation and right of patronage of the said kirk of Elgin, parsonage and vicarage thereof, and of the ministers and reader serving the cure and of their mortified and modified stipends above-written, with all and sundry teinds, rents, emoluments, profits and duties pertaining thereto which pertained before to the bishop of Moray and his patrimony, and made, constituted and ordained the said provost, bailies, council and community of the said burgh of Elgin and their successors undoubted patrons of the said kirk and parish of Elgin, parsonage and vicarage thereof, and of the ministers and readers serving the cure there in all time coming, with power to them to nominate, present and provide fit, able and qualified persons as ministers and readers to the said kirk and parsons and vicars to the said parsonage and vicarage thereof and to the said mortified and modified stipends and duties of the same as often as they shall happen to become vacant by death, demission, transportation, deprivation or inability of the possessor or whatever other manner of way at their pleasure. And further our said sovereign lord, with consent above-written, for his majesty and his successors, dissolved and separated the said kirk of Elgin, parsonage and vicarage thereof, teinds, fruits, rents, emoluments and duties pertaining thereto from the bishopric of Moray and patronage thereof (to which the same was first annexed and pertained) and united and annexed the same to the lands above-written, with the pertinents, to remain inseparable therewith in all time coming, which charter is dated at the palace of Holyroodhouse, 15 November 1641, together with the precept of sasine and instrument of sasine following thereupon in all and sundry heads, articles, clauses and conditions contained therein. And they statute, will and declare that this present ratification is and shall be as valid, effectual and sufficient to the said provost, bailies, council and community of the said burgh of Elgin in Moray and to their successors as provost, bailies, council and community thereof as if the infeftment above-written, precept and instrument of sasine following thereupon were at length word by word inserted herein, for the which the said estates of parliament dispense for ever.
[1645/1/227]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have ratified, approved and confirmed and by the tenor hereof ratify, approve and confirm the two letters of gift after-mentioned both made and granted by his majesty under his highness's privy seal in favour of Mr James Durham of Pitkerro during his lifetime, the one thereof dated at Holyroodhouse, 18 October 1641 of the office of treasurership to his majesty in the kingdom of Scotland, with the privileges, liberties, profits, duties and casualties pertaining and belonging to the said office particularly and generally mentioned therein, and the other thereof of the date at the palace of Holyroodhouse, 16 November 1641 of the fees and duties therein expressed pertaining to the said Mr James Durham as dictator of the rolls and clerk of his highness's exchequer, amounting in total to the sum of £1,174 money of this realm of Scotland, both shown and produced and at length read and considered in parliament, in all and sundry points, articles and clauses contained therein after the form and tenor thereof, and they declare and ordain that this present ratification of the said two letters of gift shall be as valid and effectual in all respects as if the same were at length and word for word inserted herein, dispensing by this act with the not inserting thereof, and order this act to be a sufficient warrant to [Sir Alexander Gibson of Durie], clerk register, and his deputes for extending an act of parliament hereupon in due form.
[1645/1/228]*[print] [email] [cite] [preceding] [following]
The estates of parliament, convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have ratified, approved and confirmed and by this act ratify, approve and confirm the charter made and granted by his majesty under his highness's great seal, dated at his majesty's palace of Holyroodhouse, 15 November 1641, to and in favour of Mr James Durham of Kinnell in liferent and James Durham, his eldest lawful son and apparent heir, his heirs of tailzie and assignees specified therein of the barony of Kinnell, comprehending the lands and barony of Kinnell particularly and generally mentioned therein, the two third parts of the lands of Pitkerro, the barony of Powrie particularly and generally specified therein, and of a sixth part of the lands of Hilton of Craigie, all lying within the sheriffdom of Forfar and all (except the aforesaid sixth part of the said lands of Craigie) united in a barony called the barony of Kinnell, to be held as follows, namely: the lands and others specified thereby united in the said barony of Kinnell in fee heritage and free barony for the yearly payment of the tax duties and values of ward, relief, non-entry and marriage mentioned therein, and the said sixth part of the said lands of Hilton of Craigie to be held in feu ferm for payment of the feu duties specified therein, with the retention mentioned therein, together with the precept of sasine following thereupon and the instrument of sasine following upon the said precept, all shown and produced and at length read and considered in all and sundry points, articles and clauses contained therein after the forms and tenors thereof. And they declare and order that this present ratification of the aforesaid charter, precept of sasine and instrument of sasine shall be as valid and effectual in all respects as if the same were at length and word by word inserted herein, dispensing by this act with the not inserting thereof. And they further declare, statute and ordain the aforesaid lands and barony of Kinnell, comprehending the lands and others which by the said charter are united in the said barony of Kinnell, to be held in all time coming by the said Mr James Durham and his said son and their heirs and successors of our sovereign lord and his highness's successors in taxed ward for payment of the tax values and duties of ward, non-entry, relief and marriage expressed therein, notwithstanding that the same were formerly held by service of ward and relief, without any tax or limitation of the duties of the said lands and barony during the time of the ward and non-entry thereof and without any tax or limitation of the values of the marriage of the heirs of the same, and order this act to be a sufficient warrant to [Sir Alexander Gibson of Durie], clerk register, and his deputes for extending an act of parliament hereupon in due form.
[1645/1/229]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify, approve and confirm the charter and infeftment under his majesty's great seal, dated at Edinburgh, 29 September 1642, made, given and granted by his highness, for himself and as father, tutor, guider and lawful administrator of the law to his majesty's dearest son, Charles, prince and steward of Scotland and Wales, duke of Rothesay, Albany and Cornwall, earl of Kyle, Carrick and Cunninghame, lord of the Isles and baron of the barony of Renfrew, with consent of his majesty's commissioner appointed for his highness's treasury nominated therein and other commissioners of his highness's exchequer of the kingdom of Scotland, to and in favour of his majesty's right trusty and well-beloved cousin and councillor, John, earl of Cassilis, lord Kennedy etc. in liferent for all the days of his lifetime and of his highness's late trusty cousin, James [Kennedy], lord Kennedy, his eldest lawful son and then apparent heir, and of the male heirs lawfully to have been procreated of his body, which failing, to return to the said John, earl of Cassilis and to the male heirs lawfully procreated or to be procreated of his body, which failing, to the eldest lawful daughter lawfully to have been procreated of the said late James, lord Kennedy's body and to the male heirs lawfully to have been procreated of her body bearing the name and arms of Kennedy of the house and family of Cassilis, which failing, to the remaining heirs of provision respectively mentioned and contained in the said charter and infeftment bearing the name and arms aforesaid, and observing and keeping the provisions and conditions expressed therein in fee heritably under the special provisions, reservations and conditions mentioned and contained in the letters of procuratory made and granted by the said John, earl of Cassilis to and in favour of the said late James, lord Kennedy, his son, and his heirs respectively aforesaid thereupon and in no way otherwise, of all and whole the earldom and lordship of Cassilis, with the lands and barony of Leswalt, comprehending the particular lands, baronies, mills, woods, fishings, castles, towers, fortalices, houses, buildings, yards, orchards, lochs, teind sheaves, annexes, connexes, dependencies, tenants, tenancies, service of free tenants and others whatsoever united and annexed thereto, together with the heritable office of bailiary of all and sundry the lands of the late bishopric of Galloway lying above the River Cree, with all profits, fines, escheats, blood-wites, casualties and commodities pertaining and belonging to the said office of bailiary held immediately of our said sovereign lord, and also all and whole the lands and barony of Dunure, comprehending the particular lands, baronies, mills, woods, fishings, castles, towers, fortalices, houses, buildings, yards, orchards, lochs, teind sheaves, annexes, connexes, dependencies, tenants, tenancies, service of free tenants and others whatsoever united and annexed thereto, together with the heritable office of the bailiary of Carrick, with all privileges and duties thereof used and customary and heritable office of keeping of the castle of Lochdoun, with the lands called Pennyland, extending to a five pound land, and with the advocation, donation and right of patronage of the provostry and prebendary of the collegiate kirk of Maybole, with the superiority of all lands and tenements belonging thereto held immediately of his highness's said dearest son, the prince, all united and annexed to the said earldom and lordship of Cassilis, together with the precept and instrument of sasine following upon the said charter and with the procuratory of resignation, assignation to the teinds mentioned therein and instrument of resignation following thereupon, whereupon the said charter followed; and likewise a charter and infeftment under the great seal, dated at Holyroodhouse, 26 January 1598, made and granted by his majesty's late father King James VI of worthy memory to and in favour of his majesty's late right trusty cousin, John [Kennedy], earl of Cassilis, lord Kennedy etc., uncle to the said John, now earl of Cassilis, of all and whole the lands and barony of Glenluce, comprehending the particular towns, lands, mills, woods, fishings, castles, towers, fortalices, annexes, connexes, dependencies, tenants, tenancies, service of free tenants and others expressed therein, and likewise a feu charter dated 30 July 1628 granted by Adam [Bellenden], sometime bishop of Dunblane to the said John, earl of Cassilis of the three pound land called Knockgerran and Altichapel and of the isle called Ailsa [Craig], with tower, fishings and pertinents thereof, lying within the bailiary of Carrick, regality of Crossraguel and sheriffdom of Ayr, together with the charter of confirmation of the said feu charter under the great seal, dated 27 September 1628, and in the same manner a charter and infeftment under the great seal, dated 29 August 1644, with the precept and instrument of sasine following thereupon made and granted by our said sovereign lord to and in favour of the said John, earl of Cassilis of all and whole the six merk land of old extent called the Mains of Soulseat, alias the Bordland, with manor places, houses, buildings, outsets, yards, orchards, lochs, tofts, crofts, annexes, connexes, parts, pendicles and pertinents thereof, together with the two mills called St John's Mill and Barsowes Mill, with the sequels and pertinents thereof, and with the multures of all and sundry the lands and barony of Soulseat, with the pertinents, lying within the sheriffdom of Wigtown; and likewise a tack and assedation of the date the [...] day of [...] 1615 made, set and granted by the late William [Couper], sometime bishop of Galloway, with consent of the chapter of the cathedral kirk of Galloway, to and in favour of the said John, earl of Cassilis in liferent for all the days of his lifetime and for 19 years thereafter of the teind sheaves and other teinds, both parsonage and vicarage, of the parish kirk and parish of Inch, and parsonage teinds of the parish kirk and parish of Leswalt, together with the decreet of prorogation of the said tack, dated 24 June 1618, adding seven periods of 19 years to the said tack; and likewise a tack and assedation dated 16 December 1616 made, set and granted by Mr Peter Hewit, commendator of Crossraguel, to the said John, earl of Cassilis in liferent for all the days of his lifetime and for two periods of 19 years thereafter of the teind sheaves and other teinds, parsonage and vicarage, of the said earl's ten pound land of Row and other lands therein expressed, lying within the parishes of Dailly, Girvan and Straiton, containing a clause irritant, together with a discharge of the said clause irritant, dated 25 April 1634, together also with the decreet of prorogation of the said tack, dated 27 November 1622, bearing two liferents and four periods of 19 years to be added to the said tack; and in a similar manner a tack and assedation dated 20 June 1618 made, set and granted by the late Mr James Inglis, minister at the kirk of Dailly, to the said John, earl of Cassilis for the lifetime of the said late Mr James Inglis and for the space of five years thereafter of the teind sheaves and other teinds, both parsonage and vicarage, of the ten pound land of Row, five merk land of Dalquharran and other lands expressed therein pertaining to the said earl lying within the parish of Dailly and earldom of Carrick, together with the decreet of prorogation of the said tack, dated 24 June 1618, bearing five periods of 19 years to be added to the said tack; and also a tack and assedation of the date 29 June 1632 made, set and granted by Mr John MacQuorn and for the space of three years after his death of the small teinds of the thirty pound land of Girvanhead and twenty pound land of Dalmorton, lying within the parish of Straiton and earldom of Carrick, together likewise with all and whatsoever other charters, infeftments, procuratories of resignation, dispositions, contracts of alienation, precepts, instruments of sasine, confirmations, tacks, assedations, prorogations, assignations and other rights, titles and securities whatsoever made and granted by our said sovereign lord for himself or as father and administrator to his said highness's dearest son, the prince, or by any of his majesty's predecessors for themselves or as princes of Scotland or as administrators to their eldest sons being princes for the time, or by the bishops of Galloway, Dunblane or Argyll or by the abbots of Crossraguel, Glenluce, Soulseat or Tongland or by the deans of his majesty's chapel royal or any of their predecessors to whom a part of the aforesaid lands, baronies, mills, woods, fishings, teinds, offices, patronages and others above-expressed pertained of before and now pertains to his majesty by abolishing the name of the said bishops and abbots and other titulars aforesaid to and in favour of the said John, earl of Cassilis or any of his predecessors as earls of Cassilis or lords Kennedy or their authors from whom they have right of the said earldom and lordship of Cassilis of the said baronies of Leswalt and Dunure, held of his majesty or of his said highness's dearest son, the prince, respectively, or of the lands, baronies, mills, woods, fishings, castles, towers, fortalices, houses, buildings, yards, orchards, dovecots, teinds, offices, patronages, annexes, connexes, dependencies, tenants, tenancies, service of free tenants, parts, pendicles and pertinents whatsoever annexed to the said baronies of Leswalt and Dunure or either of them in manner aforesaid, or of any other lands, baronies, mills, woods, fishings, teinds, castles, towers, fortalices, houses, buildings, yards, orchards, dovecots, lochs and others whatsoever pertaining and belonging to the said John, earl of Cassilis wherever the same lie or be within this realm in all and sundry heads, articles, points, clauses, conditions, provisions and circumstances whatsoever contained in the aforesaid charters, infeftments, contracts of alienation, letters of disposition, procuratories and instruments of resignation, precepts and instruments of sasine, confirmations, tacks, assedations, prorogations, assignations and other rights, titles and securities particularly and generally aforesaid, and that in so far as the same bears a disposition of the said earldom and lordship of Cassilis, lands, baronies, mills, woods, fishings, offices, teinds, patronages and others aforesaid made to the said John, now earl of Cassilis or any of his predecessors aforesaid without all respect to the provisions conceived in favour of the male heirs and of tailzie mentioned in any of the said old infeftments, which are altered, changed and revised by the said new infeftment, so that this present ratification of the said old infeftments, tacks and others aforesaid shall not only be extended in favour of the said John, earl of Cassilis and his male heirs and of provision above-specified. Moreover, the said estates of parliament declare this present ratification and approbation and generality thereof is and shall be of as great value, force, strength and effect to the said John, earl of Cassilis and to his male heirs and of provision respectively aforesaid contained in the said new infeftment of the said earldom and lordship of Cassilis, lands, baronies and others respectively aforesaid annexed thereto as if all the aforesaid charters, infeftments, contracts of alienation, letters of disposition, procuratories and instruments of resignation, precepts and instruments of sasine, confirmations, tacks, assedations, prorogations, assignations and other rights, titles and securities particularly aforesaid were at length word for word engrossed herein, for the which, and with all other objections and imperfections that may be proposed or alleged against the validity of the said charters, infeftments and other rights, titles and securities particularly aforesaid or of this present ratification and approbation thereof, the said estates of parliament have dispensed and by this act dispense for ever.
[1645/1/230]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the charter made, given and granted by our sovereign lord, Charles, king of Great Britain, France and Ireland, defender of the faith, with advice and consent of his highness's treasurers, comptrollers and collectors or treasurers of his highness's new augmentations nominated therein for the time, and with advice and consent of the other lords and others of his highness's exchequer, his highness's commissioners, to George Home, fiar of Wedderburn, his male heirs and assignees whatsoever heritably under the reversion after-specified of all and sundry the lands and cottages after-specified, with the pertinents, lying within the town and territory of Eyemouth, barony of Coldingham and within the sheriffdom of Berwick lying and bounded as follows, namely: of all and whole these two husband lands, with the houses, buildings, cottages and their pertinents lying within the territory of the said town of Eyemouth and territory thereof sometime occupied by John Pringle, and the other thereof occupied by William Home, brother-german to the late Alexander Home in Crossgate of Coldingham, and their tenants, and likewise of all and sundry the cottages lying in the community of the said town of Eyemouth, together with all and sundry houses, buildings, yards, orchards, parts, pendicles, tenants, tenancies, feu ferms and duties of all and sundry the said lands and cottages respectively and of all other lands, cottages, houses and buildings within the said burgh, tenants, tenancies, service of free tenants, feu ferms, feu duties and duties thereof, with all their pertinents, and likewise of all and whole that croft of arable land with the outsets, houses and yards thereof called the Baillie Croft lying above the north part of the town of Paxton, between the lands of the lairdship of Swinton on the west, the lands of the late David Paxton on the east, the burn of Whiteadder on the north and the common way of the said town of Paxton on the south parts, lying in the said barony of Coldingham and within the sheriffdom of Berwick, and likewise all and whole these two husband lands in the said town of Eyemouth, with the cottages, houses, buildings and pertinents thereof occupied as follows, namely: that husband land with the cottages thereof and their pertinents occupied by the late Thomas Hood and James Hood, his son, and their subtenants, and half husband land with the cottages thereof and their pertinents sometime occupied by William Home of Ayton and now by William Home of Linthill and his subtenants, the other half of that husband land with the cottages thereof and their pertinents occupied by William Lindsay; as also of all and whole the burgh and town of Eyemouth, with the port and harbour thereof, with all and sundry lands, cottages, houses, buildings, yards, orchards, tofts, crofts, customs, tolls, anchorages, liberties and privileges as well within the ebbing as flowing of the sea, with all their pertinents lying within the bounds and territory thereof and within the said sheriffdom of Berwick, and of all and sundry the kirklands pertaining to the parsonage and vicarage of Duns, these lands called Priestside, with the parts, pendicles and their pertinents extending to two husband lands with the houses, buildings, yards, tofts, crofts and all their pertinents sometime occupied by Hugh Nicolson and Cuthbert Currie, indweller in Duns, together with the four acres of arable land with the mansion houses, buildings, tofts and crofts pertaining thereto sometime occupied by Marion Nisbet and [...] Carnes, his spouse, with the pasturage of eight sums of grass upon the lands, muirs and moss of Rubdismaynes and Sampsones Walleder, lying within the parish of Duns and the said sheriffdom of Berwick; and likewise of all and whole these 10 husband lands, with the cottage-land and corn-mill thereof, lying in the town of Ayton, two husband lands, with the fishings in the sea, lying in the town of Coldingham, another husband land, with the fishing in the sea, lying in the said town of Eyemouth, three husband lands lying in the said town of Ayton, nine husband lands in Coldingham commonly called Steillislandes, Edward Shounslands and Lumesdeneslandes, the two part of the fifth part of four husband lands there commonly called Awishlandes and Aytounslandes, 12 cottages there, the lands of Beoche Park, the seven husband lands in Eyemouth and a cottage there, six husband lands in Ayton, four husband lands in Midton of East Reston, four husband lands and two cottages in the town of West Reston, the fifth part of the lands of Swinewood, four husband lands and three cottages in the town of Renton, 18 husband lands and a husband land and four acres of land lying in Auchencrow and Swinefield, and likewise the lands of Paxton, with the salmon fishings thereof upon the River Tweed, called Freuchie and Steoanes Hoill, lying in the barony of Harden and sheriffdom of Berwick aforesaid; which husband lands, cottages, acres, salmon fishings and other fishings particularly above-specified, his majesty, with advice and consent aforesaid, by the said charter, has united to the said burgh and barony of Eyemouth of before united, annexed and incorporated in a free burgh and barony called the burgh and barony of Eyemouth, with all privileges and liberties belonging thereto, and has ordained the said town of Eyemouth to be the principal dwelling place of the said barony and a sasine to be taken there is to be sufficient for all the said husband lands, cottages, acres, fishings and others particularly above-written according to the original infeftments and charters of the said barony granted by his highness's dearest father of blessed memory to the late Sir George Home of Wedderburn, knight, and David Home, his son, in fee under redemption always and reversion to Sir John Home of Blackadder, knight, by payment to the said George Home of a rose noble of gold at any time when it should happen the said late Sir John to offer the same to him in presence of a notary and famous witness in the appropriate form, without any premonition or requisition whatsoever to be made of before to that effect; and in case of refusal thereof, instruments to be taken thereupon are to be as sufficient to the said late Sir John Home for the order of redemption as if the same were consigned in the hands of any responsible person or bailie of any burgh within this realm. Which charter proceeded upon the resignation of the said husband lands, acres, cottages, salmon fishings and other fishings particularly above-written and burgh of barony aforesaid, with their pertinents, all now united, annexed and incorporated as said is of the said Sir David Home of Wedderburn, knight, Sir John Home of Blackadder, knight, John Home, then fiar, now of Blackadder, his son, and the late Mr Archibald Hadden, keeper of the castle of Edinburgh, donator to the gift of the escheat and liferent of the said Sir David Home to whom the same pertained heritably before, of old held of the priors of Coldingham and thereafter of the lords of erection of Coldingham, and now of our sovereign lord by virtue of the late act of parliament, declaring his majesty superior of the kirk lands within this realm, made by them in the hands of the said lords and others of his highness's said exchequer of Scotland, his highness's commissioner appointed for receiving resignations as in the hands of our said sovereign lord, now their immediate superior thereof, in favour and for new infeftment thereof to be made and given to the said George Home, his male heirs and assignees aforesaid heritably under reversion always as is above-written, with the new gift and disposition contained in the said charter made and granted by his majesty, with advice and consent aforesaid, for the cause contained therein to the said George Home, his male heirs and assignees aforesaid of all and whole the said husband lands, cottages, fishing, burgh of barony and others above-written, with the pertinents, all now united, annexed and incorporated as said is, comprehending particularly as is above-mentioned and sasine to be taken at the said town of Eyemouth to be sufficient for the said barony in time coming with all right, title and interest which his highness or his predecessors have or may pretend thereto in time coming in manner mentioned in the said charter, to be held of our sovereign lord and his highness's successors in feu ferm, free barony and heritage forever for payment of the yearly feu ferm duties respectively mentioned in the said charter, as the same of the date at Edinburgh, 25 January 1634 at more length bears, with the precept of sasine following upon the said charter and instrument of sasine following thereupon, of the date the [...] day of [...] 16[...], in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points. And the said estates of parliament will, grant, decree and order that this present ratification of the said charter, precept and sasine hereby ratified as said is shall be as valid and sufficient in themselves to the said George Home and his aforesaids for possessing the said husband lands, acres, cottages, fishings, burgh of barony and other contained therein, with the pertinents, liberties and privileges thereof aforesaid, as if the same were at length inserted and contained herein without any impediment or contradiction to be made in the contrary in time coming.
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The estates of parliament, presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the letters of gift made and granted by our sovereign lord, Charles, by the grace of God, king of Great Britain, France and Ireland, defender of the faith etc., with advice and consent of his highness's treasurers, comptrollers and collectors or treasurers of his highness's new augmentations within this realm principal and deputy and of the other commissioners of his highness's treasury of the kingdom of Scotland, his highness's commissioners there, to Alexander Stewart, chamberlain of Fife, making, constituting and ordaining him during his lifetime his highness's chamberlain of all and whole the late archbishopric of St Andrews, as well of the priory and lordship of St Andrews lately annexed thereto, as all the remainder of the said archbishopric, and collector, receiver and gatherer of all and sundry the mails, ferms, feu mails, feu ferms, blench ferms, kanes, customs, casualties, teinds, fruits, rents, emoluments, revenues, profits and duties whatsoever pertaining to the said late archbishopric of St Andrews and priory of St Andrews and of all lands, heritages, lordships, baronies, castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, kirks, teinds, possessions and others pertaining and belonging thereto, as well of all years, crops and terms bygone remaining owing unpaid to our sovereign lord and to which his highness had then right as of the crop and year of God 1641 and likewise yearly and termly in time coming during his lifetime, and giving to the said Alexander Stewart the office thereof during all the days of his lifetime, with full power to the said Alexander Stewart relating thereto in manner specified in the said letters of gift, as the same under his highness's privy seal, dated at the palace of Holyroodhouse, 16 September 1641, produced before the commissioners of his highness's exchequer and by them seen, allowed and registered in the said books of exchequer upon 22 January 1642, at more length bears, in all and sundry the heads, points, clauses, articles and conditions contained therein and after the form and tenor thereof in all points. And the said estates of parliament will and grant and by this act decree and order that this present ratification is and shall be as sufficient as if the said letters of gift were inserted herein, for the which the estates dispense; and the said letters of gift is and shall be a good, valid and sufficient right to the said Alexander Stewart to the effect contained therein, according to the tenor thereof in all points.
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Doctor [...] Colville, personally present in parliament, protested for himself and in name of the university of St Andrews that the ratification above-mentioned granted in favour of the said Alexander Stewart should not be prejudicial to the university of St Andrews' rights and privileges.
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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 respect to the good, true and thankful service done for the public good of this realm by Robert Maxwell of Orchardton, have ratified and approved and by the tenor hereof ratify and approve that infeftment or charter of confirmation made, given and granted by our said sovereign lord the king's majesty under his highness's great seal, dated at Holyroodhouse, 31 July 1633, to and in favour of the said Robert Maxwell, his heirs and assignees, whereby there is confirmed to them a charter and infeftment, alienation and disposition contained therein made, given and granted by the late John [Murray], earl of Annandale to the late Sir Robert Maxwell of Spotts, knight, father to the said Robert Maxwell, his heirs and assignees heritably and irredeemably, dated 4 November 1612, of all and sundry the lands and others underwritten, namely: of all and whole the lands of Netherlaw Easter and Wester, extending to a eighteen pound land of old extent, with the teinds thereof included which are not separated from the ground; all and whole the lands of Overhessillfield, extending to a four merk land of old extent, with the teinds thereof included which are not separated from the ground; all and whole the two corn-mills of Dundrennan, the one thereof called the mill of Auchencairn and the other the mill of Nether Reirike, with mill-lands, multures, sequels and watercourses thereof and teinds of the same included which are not separated from the ground; all and whole the fifty shilling land of old extent of Netherlinkings; all and whole the forty shilling land of Balcaskie; all and whole the half merk land of Balcarry, with the fishing called the fishing yair and woods thereof and teinds of the same included which are not separated from the ground; all and whole a croft of land called Turnoures Croft, extending to four acres of land or thereby, lying beside the abbacy of Dundrennan, with the teinds thereof included which are not separated from the ground; with all and sundry the towers, fortalices, manor places, houses, buildings, yards, fishings of salmon and other fishes, annexes, connexes, outsets, parts, pendicles and pertinents thereof whatsoever, lying within the barony of Dundrennan and stewartry of Kirkcudbright, to be held of the conveyer, his heirs and successors to him in the said barony in feu ferm for payment of the feu duties contained therein. As likewise another charter and infeftment, alienation and disposition contained therein made, given and granted by the late Adam [Bellenden], sometime bishop of Dunblane and dean of the chapel royal of Stirling, to the which chapel royal the aforesaid lordship, barony or abbacy is annexed as a part of the patrimony thereof, and of which abbacy of Dundrennan the lands above and underwritten, with the teinds thereof, are proper parts and pertinents and so superior thereof after the same were resigned by the said late John, earl of Annandale, with advice and consent of the chapter of the said deanery, in favour of the said Robert Maxwell, eldest lawful son to the said late Sir Robert, his heirs and assignees heritably and irredeemably, of all and sundry the lands, mills, croft, fishings, with the teinds thereof included which are not separated from the ground, and other particularly and generally above-mentioned and contained in the said former charter extending and lying in manner before rehearsed, dated 2 December 1629, to be held of the said late Adam, bishop of Dunblane and his successors, deans of the said chapel royal of Stirling, in feu ferm for payment of the feu duties contained therein; together with the aforesaid two charters and infeftments above-specified mentioned in the said confirmation in all and sundry heads, articles, points, passes, circumstances, obligations and conditions of the same specified and contained therein. Likewise the said estates of parliament will, grant, statute and ordain that the said Robert Maxwell of Orchardton, his heirs and successors shall peaceably and freely possess, hold and enjoy all and sundry the lands, mills, mill-lands, multures, fishings, teinds and others particularly and generally expressed in the said infeftments, with all their parts, pendicles, pertinents and privileges whatsoever, according to the tenor of the said infeftments in all points without any stop, trouble or impediment, and that this present general ratification is and shall be of as great force, strength and effect to the said Robert Maxwell and his aforesaids as if the said charters and infeftments and every one of them were at length word for word inserted and engrossed herein, dispensing with the generality and all inconveniences and objections whatsoever that may be proposed or alleged in the contrary of the said infeftments or this present ratification of the same.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, for good respects and considerations moving them, have ratified and approved and by this act ratify and approve to and in favour of Florence Jamieson, indweller in Leith, that gift granted to him during all the days of his lifetime, dated at Edinburgh, 1 March 1644, under the privy seal, whereby he is constituted clerk of the cocket of the burgh of Edinburgh and keeper of all the seals, stamps and warrants belonging thereto, and visitor and overseer of all English cloth and other goods coming either by sea or land within the kingdom of Scotland to the burgh of Edinburgh or to the port and harbour of Leith, and whereby he is likewise constituted only searcher of all goods prohibited to be exported out of this realm or imported therein at the said port and harbour of Leith or not lawfully entered; and that by the demission of the said offices in the hands of the lords of his majesty's exchequer made by James Archibald, indweller in Leith, and Thomas Forrest, writer, and either of them, last clerks of the said cocket, visitors and searchers aforesaid, to and in favour of the said Florence Jamieson during his lifetime, according to their several demissions granted by them to that effect, the one by the said James Archibald, bearing date 22 November 1643, and the other granted by the said Thomas Forrest, bearing date 15 January 1644, whereupon instruments were taken in presence of the said lords of exchequer in the hands of Thomas Edgar, notary public, upon the said 1 March 1644, together with the same two letters of demission and instruments taken thereupon in all the heads, articles, points, pass, circumstances, privileges and conditions of the same gift, demissions and instruments. Likewise the said estates will, grant, declare, statute and ordain that the said Florence Jamieson, by himself and his depute, shall peaceably and freely hold, enjoy and possess the aforesaid offices of cocket, clerkship, visitor and searcher during all the days of his lifetime, according to the tenor of his said gift thereof and privileges contained therein in all points, without stop, trouble or impediment, and that this present general ratification of the said gift, demissions and instruments whereupon the same proceeded is and shall be of as great force, strength and effect to the said Florence Jamieson during his lifetime as if the same were word for word and at length engrossed and inserted herein, dispensing with the generality aforesaid.
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William [Hamilton], earl of Lanark protested against the ratification granted in favour of Florence Jamieson of his gift and right to the clerk of the cocket and keeper of the seals thereof and others belonging thereto, and that the same should not be prejudicial to Captain [...] Lindsay of his right thereof.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the bond and right granted by Sir John Veitch of Dawyck to and in favour of Daniel Carmichael, lawful son to Sir James Carmichael of that ilk, his majesty's treasurer depute, whereby the said Sir John has obliged himself to resign and demit and by the tenor of the said bond resigns and demits the office of master of works and general warden over all the whole tradesmen and workmen in his majesty's hands, and has constituted procurators to compear and freely to surrender, give up, give over and demit the aforesaid office of master of works and general warden in favour of the said Sir John Veitch and of the said Daniel Carmichael, jointly to be held between them, with all fees, duties, casualties and profits belonging thereto during all the days of their lifetimes, as the aforesaid right and bond containing the resignation and procuratory above-written of the date the [...] day of [...] 16[...] more fully purports, in all the heads, articles, clauses, obligations and conditions thereof and according to the tenor of the same in all points; and declare this present ratification to be as valid and sufficient as if the aforesaid right and bond containing the aforesaid disposition, demission and resignation of the aforesaid place and office above-mentioned were word for word inserted herein, for the which the estates dispense; and they order the said Daniel Carmichael to be orderly secured in the right of the half of the place and offices aforesaid and half fees, duties, casualties and profits belonging thereto, according to the aforesaid right granted to him by the said Sir John Veitch, whereby the aforesaid half place is full in the person of the said Daniel Carmichael.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve a charter made and granted by his majesty under his highness's great seal, dated 26 September 1635, to his majesty's beloved Sir John Veitch of Dawyck, knight, his majesty's master of works (designed in the said charter, John Veitch, younger, of Dawyck), his heirs and assignees whatsoever of all and whole the lands and barony of Dawyck, comprehending all and whole the lands of Easter and Wester Dawyck with manor places, houses, buildings, yards, orchards, mills, mill-lands, multures, outsets, tofts, crofts, tenants, tenancies, service of free tenants, parts, pendicles and pertinents thereof whatsoever, lying within the parish of Dawyck and sheriffdom of Peebles, with the precept and instrument of sasine following thereupon, together with the decreet of apprising of the said lands led at the instance of the said Sir John Veitch, dated 12 September 1635, and whole grounds thereof upon which decreet of apprising the aforesaid charter follows, in all the heads, articles, clauses and conditions thereof, according to the tenors of the same, and also they declare, statute and ordain this aforesaid ratification to be as valid, lawful, effectual and sufficient in all respects as if the said charter, precept and instrument of sasine following thereupon, decreet of apprising and grounds thereof aforesaid were at length word for word inserted and engrossed herein, dispensing hereby with the not inserting thereof. And likewise they find, declare, statute and ordain the aforesaid charter, precept and instrument of sasine, decreet of apprising and grounds thereof upon which apprising the aforesaid charter followed are and shall be sufficient, valid and effectual rights and securities to the said Sir John Veitch and his above-specified for holding and enjoying the said lands and barony of Dawyck comprehending as said is as their own proper heritage at their pleasure in all time coming, according to the same charter, precept and instrument of sasine following thereupon, decreet of apprising and grounds thereof hereby ratified in all points and according thereto.
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The estates of parliament, presently convened in the second session of this present parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the gift and disposition made by the late James [Law], sometime pretended archbishop of Glasgow, to his majesty's beloved Patrick Veitch, commissary clerk of Peebles (designated in the said gift as servant to Mr Thomas Henderson, advocate) during all the days of his lifetime of the office of clerkship of the commissariat of Peebles, comprehending the sheriffdoms of Peebles, Selkirk and Roxburgh and whole bounds thereof, together with the forming of all testaments great and small of whatsoever persons that should happen to die within the said bounds, with all and sundry fees, casualties, profits and duties pertaining and belonging thereto vacant and come into his hands by the demission of the late Thomas Barbour, last clerk thereof, which gift is dated 16 December 1615, with the power and commission made and given by the said late James, pretended archbishop of Glasgow for the time to the said Patrick Veitch for creating, constituting and appointing under him a depute or deputes, one or more, in the said office of such persons as he should think fit and qualified thereof and for whom he should be answerable and that at such times and occasions as he might not conveniently attend thereupon himself, in all the heads, articles, clauses and conditions thereof according to the tenors of the same in all points, and declare, statute and ordain this present general ratification to be as good, valid, effectual and sufficient in all respects as if the aforesaid gift and power above-written were at length engrossed word for word herein, dispensing hereby with the not inserting thereof. And they also statute and ordain the aforesaid gift, with the aforesaid power of deputation and this present ratification, to be good, valid, lawful and effectual rights to the said Patrick Veitch for his possession and enjoying of the said office and uplifting the fees and casualties thereof and making and constituting deputes in manner aforesaid during all the days of his said lifetime without any impediment, obstacle or contradiction whatsoever to be made to him by any person or persons, according to the same gift and disposition and power of deputation hereby ratified in all points and according thereto.
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The estates of parliament, presently convened in the second session of this present parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have ratified and approved and by this act ratify and approve the letter of presentation and mortification granted by his majesty to Mr David Drummond, minister at Crieff, and his successors serving the cure of the said kirk, dated 22 October 1641, whereby his majesty was graciously pleased to add, increase and annex to the former decreet and provision of the said kirk and locality thereof the prebendaries of Crieff primo and secundo and chaplainries of St Michael's Alter, commonly called the chaplainries of Pittentian and Tillipuries, situated within the said kirk of Crieff and cathedral kirk of Dunkeld, all fruits, rents, duties, profits and emoluments of the same prebendaries and chaplainries, with manse and glebes and pertinents thereof, together also with the feu duties of the lands and duties of Kincardine and Dryton, in all the heads, articles and conditions thereof. Also they ratify and approve the particular locality of the modified stipends of the said kirk as the same is defined and agreed upon by the several heritors of the said parish and tacksmen of teinds and given by Mr Thomas Murray, advocate, procurator specially constituted by them for that effect, and subscribed by his hand, according to the warrant given by them to him thereupon, dated 15 May 1644 last, in all the several heads, clauses and conditions thereof, which is held as expressed and herein inserted and repeated for the sake of brevity. Which locality containing the said prebendaries of Crieff primo and secundo and aforesaid chaplainries of St Michael's Alter, otherwise called the chaplainries of Pittentian and Tillipuries, with the said feu duties of the towns and lands of Kincardine and Dryton, the said estates find, determine and declare is and shall be the constant, competent, local and perpetual stipend of the said kirk in all time coming, and that letters of horning upon a simple charge of 10 days only and other executorials be directed at the instance of the said Mr David and his successors, ministers serving the cure at the said kirk, against all and sundry heritors, feuars, farmers, tenants, possessors, tacksmen and others whatsoever indebted in payment of the same for causing them be readily and timeously answered and obeyed thereof, the terms of payment being first come and gone, which are hereby declared to be Martinmas [11 November] yearly after the separation of the crop from the ground for the silver duty and between Yule and Candlemas [2 February] thereafter for the victual duty; the said Mr David's entry thereto to have been and begun at Martinmas 1643 and between Yule in the same year and Candlemas 1644 for the first year's stipend of the crop and year of God 1643 and so forth to continue and endure in all time coming. Which aforesaid stipend, consisting of the said locality, prebendaries and chaplainries and feu duties of Kincardine and Dryton, is hereby declared to be in full contentment and satisfaction to the said Mr David and his successors of all former provisions, decreets of augmentation and locality thereof and what further he or they can ask or claim of the teinds, parsonage and vicarage, of the same parish and to be in satisfaction also of the communion elements to be furnished by him and them. Moreover, the estates aforesaid ratify and approve the particular valuations of the lands of the said parish in stock and teind pertaining to the several heritors thereof as the same is also agreed upon by them and the tacksmen of the teinds of the said parish and given in by the said Mr Thomas Murray, as procurator specially constituted by them for that effect, according to the aforesaid procuratory of the date above-written in all the heads, articles, clauses and provisions thereof and they hold the same as herein inserted and particularly expressed, and decree and declare the same to be the true and just valuations of the several lands, stock and teind expressed therein in all time coming†, according to the tenor thereof and hold the same locality and valuations respectively above-mentioned as particularly inserted herein, dispensing with the not inserting thereof. Moreover the estates aforesaid ratify and approve all contracts, dispositions, venditions, tacks of teinds and other rights and securities thereof made by the said tacksmen of the said teinds to and in favour of the said heritors and order the rest of the free teinds of the said parish belonging to them unburdened by the said locality and stipend to be subject to buying, according to the acts of parliament made anent buying of teinds.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, [...]†.
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The estates of parliament, presently convened etc., ratify, approve and perpetually confirm the letters of alienation and disposition and procuratory of resignation contained therein, dated the [...] day of [...] the year of God 16[...], made and granted by Sir William Forbes of Monymusk, knight baronet, to and in favour of John Forbes of Leslie, his male heirs and assignees whatsoever heritably and irredeemably of all and whole the lands and barony of Banchory-Devenick, with the salmon fishing on the River Dee belonging thereto, with the privilege of fishing upon that part also called the Laggart and dam thereupon, the building and upholding of the said dam, right and privilege thereof, lying within the parish of Banchory-Devenick and sheriffdom of Kincardine, together with the charter and infeftment under the great seal granted to the said John Forbes of Leslie and his aforesaids thereupon, with the precept and instrument of sasine following upon the same, together with all other charters, infeftments, rights and securities made and granted to the said John Forbes of Leslie, his authors and predecessors of or concerning the lands, barony, salmon fishing, right and privilege of the said dam, the building and upholding thereof above-mentioned of whatsoever date or dates, tenor or contents the same be of, in all and sundry heads, articles, points, clauses and conditions mentioned in the aforesaid disposition, charters, infeftments and other rights and securities particularly and generally before rehearsed after the forms and tenors thereof in all points, and by this act declare this present ratification thereof to be as sufficient and valid in all respects as if the same disposition, charters, infeftments and other rights aforesaid hereby ratified were at length and word for word inserted herein, dispensing by this act with the not inserting thereof in this present act of ratification.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, considering that in this present session of parliament there are many particular acts and acts of ratification made in favour of particular persons which may be prejudicial to the parties having interest and not heard, albeit the meaning of the estates be at this time, as it was ever in all preceding parliaments, that by no particular act or act of ratification granted to any particular person any other parties should be hurt or prejudiced of their lawful rights and defences competent to them of the law. For remedy whereof, it is statute and ordained that no ratification or other particular act whatsoever made in favour of any particular person in this present session of parliament be prejudicial to any other parties' rights or defences competent to them of the law, but that the said particular acts and acts of ratification made in favour of particular parties be always understood as saving any right.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, continue this present parliament and all summons, processes and actions belonging thereto which are not remitted to the committee of estates of parliament until the second Tuesday of July next to come, at which day, or sooner as the committee of estates or quorum thereof shall appoint, they order the whole estates to be present and to attend at Edinburgh, or where it shall happen the same to be held for the time, and in the meantime the estates declare this present parliament current to the day aforesaid and order all the acts and statutes made and concluded in this session of parliament to stand and have the force and strength of laws and acts of parliament according to the tenors thereof likewise as any acts and statutes of any preceding parliaments in any time bygone, and order public proclamation to be made hereof at the market cross of Edinburgh by sound of trumpet.