The estates of parliament, having heard and considered the desire represented to them from the commissioners for the processes that some others may be adjoined to them for examination of witnesses and parties for the dispatch of business, and condescending that Sir John Hope of Craighall, one of the lords of session, and Sir Michael Balfour of Denmilne, with any other the parliament think fit, may be adjoined to the commission for the processes for examination of witnesses and parties (only either those in ward or not in ward), they nominate and appoint the Lord Craighall, Sir Michael Balfour of Denmilne, Mr Alexander Colville, justice depute, and James Sword, or any two of them, and grant them power to the effect before desired and interpose the authority of parliament hereto, for the which this act shall be a warrant.
[1645/11/116]*[print] [email] [cite] [preceding] [following]
The estates of parliament having heard and considered the supplication of Gavin, earl of Carnwath bearing that the estates had conveyed to him all lands, lordships, baronies, mills, woods, fishings, teinds, patronages, reversions, sums of money and other goods and gear moveable and unmoveable pertaining of before to Robert [Dalzell], sometime earl of Carnwath, and had also assigned the supplicant all contracts, bonds, reversions and other writs and securities whatsoever of or concerning the said lands, baronies and others aforesaid conceived in favour of the said late earl of Carnwath or his authors or any others to their use, and that the same writs and evidents were in the hands of Sir John Dalzell of Newton who the time of his going in to James Graham, [earl of Montrose] before or shortly after sent and delivered the coffers, chests and cabinets, one or more, with the said writs and securities respectively being therein, to William [Douglas], marquis of Douglas, his house of Douglas, or to Archibald [Douglas], lord Angus, his house of Tantallon, or to Sir Lewis Stewart or Dame Marion Arnott, his spouse, or to Dame Agnes Nisbet, spouse to the said Sir John Dalzell, and therefore desiring warrant for citation of the said persons for exhibition of the said chests, coffers and cabinets, one or more, and all writs being therein or otherwise delivered, sent, left or entrusted by the said Sir John Dalzell or any in his name to the said persons or any of them to the effect the same writs and securities may be given up to the supplicant as his own proper writs and evidents, as the supplication bears. And herewith also considering that it is necessary that the said Sir John Dalzell, who is presently in rebellion, be cited for his interest in the said matter, the said estates of parliament do hereby grant warrant and precept to macers or messengers of arms respectively, jointly and separately, to summon, warn and charge the said William, marquis of Douglas, Archibald, lord Angus, Sir Lewis Stewart, Dame Marion Arnott, his spouse, and Dame Agnes Nisbet, spouse to the said Sir John Dalzell, personally or at their dwelling places where they reside, and also the said Sir John Dalzell, for his interest, by open proclamation at the market cross of St Andrews to compear before the parliament, and in case the parliament rises before the day of compearance, before the committee of estates of parliament at St Andrews or where it shall happen them to be for the time the [...] day of [...], with continuation of days, to answer to the desire of the aforesaid supplication and to be ordered to exhibit the aforesaid chests, coffers or cabinets, one or more, and all writs being therein or being otherwise delivered, sent, left or entrusted by the said Sir John Dalzell or any in his name to the aforenamed persons or any of them to the effect the same writs and securities respectively may be delivered and given up to the supplicant as his own proper writs, or else to show a reasonable cause in the contrary, with certification letters shall be directed simply against them to the effect above-specified. And the estates declare the citation of the said Sir John Dalzell at the market cross of St Andrews shall be as sufficient as if he were presently apprehended, seeing he is presently in the rebellion with James Graham and his associates, for the which this act shall be a warrant.
[1645/11/117]*[print] [email] [cite] [preceding] [following]
The estates of parliament having heard and considered the supplication of Gavin, earl of Carnwath, lord Dalzell, bearing that Sir John Dalzell before his going to James Graham, [earl of Montrose] had left sundry of the writs and evidents pertaining to the earl in some locked containers, and desiring commission to some for breaking up of the coffers and other locked containers in the house and to take inventory thereof, as the supplication purports, together with the report of the committee for the bills relating thereto, the said estates do hereby give warrant and commission to Sir James Lockhart of Lee, Mr William Sandilands, tutor of Calder, [...] Hamilton of Raploch, Sir William Carmichael of that ilk and Sir William Lockhart of Carstairs, or any two of them, to pass with the said Gavin, earl of Carnwath, or any whom he shall direct, to the house of Carnwath and there to break up any coffers, chests, cabinets and other locked containers left there by the said Sir John Dalzell and to take notice and make inventory of all the writs, bonds, evidents, rights and securities whatsoever being therein and to deliver the same to the supplicant upon inventory to be subscribed by him upon the receipt thereof to be kept and used by him as his own proper writs and evidents so far as the same pertains to him or concerns his lands, means and estate or any part thereof in time coming. With power to the said commissioners, or any two of them, to choose their own clerk to the effect above-specified, and ordain the said commissioners, or any two of them, to report back this commission, with the inventory to be made by them of the aforesaid writs, with the receipt by the earl of Carnwath of the same writs upon the said inventory, to [Sir Alexander Gibson of Durie], clerk register, for the which this act shall be a warrant.
[1645/11/118]*[print] [email] [cite] [preceding] [following]
The estates of parliament having heard and considered the supplication of John Falconer, collector of the loan and tax for the shire of Kincardine, desiring warrant to [Sir Adam Hepburn of] Humbie, general collector, and his deputes not to burden the supplicant for payment of £127 10s for the loan and tax of the lands of Caneglirik pertaining to Sir Thomas Burnett of Leys and lying within the sheriffdom of Kincardine, seeing Mr Robert Farquhar [of Mounie], provost of Aberdeen and collector of the loan and tax within the sheriffdom thereof, has received payment of the sum above-written by warrant of the committee of estates as lying within the sheriffdom of Aberdeen, as the supplication bears; they ordain the supplicant as collector of the loan and tax for the sheriffdom of Kincardine to be exonerated and freed anent the payment of the aforesaid sum of £127 10s for the loan and tax of the said lands of Caneglirik according to his diligence, and the estates remit to that committee appointed for the Lord Humbie's accounts to try and consider to which of the two shires of Aberdeen and Kincardine the aforesaid lands of Caneglirik controverted appertain and locally lie, and ordain the sums due to be paid by the public by either of the said two shires not to be diminished, for the which this act shall be a sufficient warrant.
[1645/11/119]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the desire of the supplication of Patrick Leslie, late provost of Aberdeen, against Mr George Winram of Liberton desiring warrant for citation of him to hear him determined to make good what he had averred against the supplicant, being a member of parliament, or otherwise to incur the punishment due for that slander, as the supplication bears, they do hereby remit the aforesaid supplication, with the report of the committee at Perth appointed for this particular, to the committee of estates after the parliament, to be considered and determined by the committee of estates as they shall think fit.
[1645/11/120]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of Archibald Hay, his majesty's servant, against Sir Patrick Ogilvie of Inchmartine, Sir Thomas Blair of Balthayock and William Butter [of Pitcullen], bearing that [George Hay], late earl of Kinnoull is indebted in several sums of money to the supplicant, and that he stands likewise engaged for the earl in great sums of money, and in particular in £10,000 sterling to Mistress Jean Drummond, widow of the late Mr Thomas Murray, and that the supplicant had used all means with the three supplicants above-named who had and have the intromission with the estate and means of the late earl of Kinnoull that they would satisfy and relieve the supplicant, who utterly refused to do the same, affirming they had disposition of the earl's estate for debts due to them, but refused either to let him know their debts or what of the estate was entrusted to them; and the discovery of the truth of the whole matter does chiefly depend upon the deposition and declaration of the said William Butter, who is sick and may die, the said William having received great sums of money not long before the death of the late earl of Kinnoull, with which the defenders might have paid and relieved themselves; and particularly the said William did receive £10,000 sterling from [William Douglas], earl of Morton to have been employed for payment of those debts at London for which the petitioner and others are bound. And therefore desiring warrant to summon the said three persons to compear before the parliament, or such as the parliament should appoint, and to produce a just account of their intromission with the earl of Kinnoull's estate and monies belonging to him, with the pretended rights which they have thereto, with a just inventory of their debts and cautioners for security for which they allege they have the aforesaid pretended rights, as the supplication more fully bears; together likewise with the report of the committee for the bills concerning their opinion of the aforesaid supplication and desire thereof, the said estates of parliament do hereby grant power and commission to James [Murray], earl of Tullibardine for the noblemen, Patrick Ruthven of Freeland or Sir Michael Balfour of Denmilne for the barons, and Mr Alexander Wedderburn [of Blackness], clerk of Dundee, for the burghs, and to Sir John Hope of Craighall and Sir Alexander Falconer of Halkerton, two of the lords of session, (or to any three of the whole five above-named, one of the two lords of session being one of these three) to take into consideration the aforesaid supplication and desire thereof and to direct out precepts for citation of the parties above complained upon to compear before them at any such place or diet as they shall appoint, and after citation to hear the parties hereupon respectively for and against the desire of the supplication, and to cause them produce hereupon the rights and instructions aforesaid, namely: the defenders to produce a just account of their intromission with the late earl of Kinnoull's estate, either of land rent, monies or other means intromitted with by them or any of them before or since his death, with a just inventory of all debts and sums of money indebted by him to them or any of them, with the instructions thereof or for which they or any of them stands cautioners for him, together with all such rights and dispositions granted by the late earl of Kinnoull to them of his estate, monies and means in whole or in part for their security, payment and relief of the said debts and cautionary. And the said Archibald Hay, supplicant, likewise to produce the instructions of the sums indebted to himself by the earl of Kinnoull and of the cautionary in which he stands engaged for the earl for the £2,000 sterling above-specified and whereupon he craves payment and relief. With power to the commissioners and quorum aforesaid to take the oaths or declarations of the said parties or any of them upon any head or article in the premises as either party shall desire and as the commissioners or their quorum shall think expedient, and after hearing of the parties and consideration of the writs, rights and instructions respectively aforesaid hereupon to be produced as is before appointed. The estates of parliament ordain the commissioners above-named to make report of what they find instructed by either party anent the premises, with their own opinion thereupon, to the parliament, it being sitting, or committee of parliament after the rising of the parliament, that thereafter the parliament or committee of parliament may take such course anent the premises as they shall think fit.
[1645/11/121]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: To the honourable court of parliament, humbly shows we, your servants, the provost, bailies and inhabitants of Dundee, that where the constant tenor of our constant affection to the good cause is well-known to the whole kingdom, which as it has many times made us the object of the fury of the unnatural rebels, so we are humbly confident it will now be a powerful inducement to make your lordships commiserate and remedy our pitiful condition to which we are reduced by the fury of the enemies for our sincere affection to religion and the covenant, for which, albeit we have exceeding inward joy and comfort, yet groaning under the sense of our unsupportable burdens and losses, we are bold humbly to unfold the same to your lordships and to beg from you, the only physicians, some cure for preservation of this considerable member of the commonwealth from destruction. It is well-known that since the unfortunate encounter at Tibbermore, amongst the other traitorous designs of the internal enemies of this kingdom, the town of Dundee has been specially aimed at as being a place of great concern and various assaults made thereupon, but God giving resolution, courage and success to the inhabitants of the said town the enemies were still repulsed, whereupon has followed not only the slaughter of many of the inhabitants, but also a great part of the buildings of the town, with much corns and moveables, has been burnt, whereby that town, which was one of the chief of this kingdom, is fearfully defaced and the most part of the inhabitants ruined, the town disabled to undergo the public service and burdens and without supply is likely to decay, as is more fully purported in an act of the committee of estates granting warrant for a contribution to our supply and in a commission granted for trying all our losses by burning of our town or sustained by sea or land or our disbursements upon the fortifications or by lending money or silver work to the public or for quartering soldiers and of all our just burdens lying upon us, but in respect of the iniquity of the time and distress of the country no contribution has been received, neither any report made by the commission for trying our losses, so that now we are ready to sink under the weight of these intolerable burdens and to perish from the commonwealth unless your lordships provide a speedy and solid remedy according to your promise in the former acts and to our mutual league and covenant. Therefore we humbly beseech your lordships to take the grievous and crying necessities of this poor city to your gracious consideration and to appoint some committee or select number of persons of each estate to hear and consider the report of the commission formerly granted and to take investigation of our whole damages by burning of our town, killing of the inhabitants, lending of money to the public, losses sustained by sea or land, quarterings of soldiers, building of fortifications or other damages whatsoever incurred for the common cause, that after trial thereof some solid course may be taken for repayment of the same, whereby this well affected member of the commonwealth may be preserved from utter ruin and encouraged to continue in that customary loyalty and affection to the good cause, as the supplication bears. Which supplication, being upon 4 December last read in audience of the parliament, the estates remitted the same, with the report and instructions mentioned therein, to that committee appointed for bills and supplications, to be taken into consideration with the instructions thereof by them and thereafter to report the same, with their opinion relating thereto, to the parliament, according to which the said committee, having heard and considered the aforesaid supplication with the report, bonds, acts of the committee of estates and other instructions and verifications produced by the supplicants and whereupon they crave the desire above-written of the aforesaid supplication to be granted, the said committee produced in parliament this report following, namely: 31 December 1645. The committee for the bills having read and considered the supplication given in to the parliament by the town of Dundee and remitted by the parliament to this committee, with the instructions thereof, they find that there is due to the town of Dundee by the estates by a bond and two acts of the committee of estates of principal sums and annualrents £26,516 18s 9d. Item, they find by the report produced of the trial and probation taken by virtue of a commission granted by the committee of estates for trial of the burning and losses sustained by the town of Dundee on 4 April 1645 that the particulars proven on the said report to be burnt and otherwise taken away by the rebels the said 4 April 1645 extends to £162,221 15s 8d. Item, the committee find that there is due to the town of Dundee for quarterings (instructed by the subscriptions of the captains and commanders of the regiment, companies and troops declaring the number of the days and of the commanders and soldiers quartered in the town, as also instructed by the testification of Archibald Sydserf, general collector depute, under his hand testifying the particular sums payable per day to each commander and soldier during the said space) the sum of £30,964 9s 6d, and also the committee find by the testification subscribed by the magistrates of Dundee that the disbursements given up to the magistrates for the town of Dundee's fortifications extends to £35,080 13s 4d. The total amount is £254,783 17s 3d. And also the committee, in respect of the many poor and necessitous people in the town of Dundee, think in their humble opinion that the sum of £20,000 Scots of the losses above-specified should be presently paid to the magistrates of Dundee to be distributed for the present supply and subsistence of the necessitous people of that town accordingly as the magistrates shall find most needful, and that such course may be taken for the speedy payment thereof as the parliament shall think fit. As also the committee in their opinion think that the whole excise appointed bygone and that still to come of the town of Dundee should be ordained to be collected and uplifted by the magistrates thereof and accounted for by them to the committee for the excise, according to the act made relating thereto, and thereafter retained by the magistrates and allowed to the town in the first end of the remaining sums above-specified due to them (less the £20,000 above-written, which is presently to be paid to the magistrates of Dundee to the effect aforesaid) that by the same account it may be constant what the town gets by the excise. And likewise the committee in their opinion think that the town of Dundee, for their further assurance and payment of the sums due to them, should be taken to the same consideration by the parliament as any other in their condition concerning the forfeitures and fines of the delinquents. And the committee represents the premises above-written, with their aforesaid opinion relating thereto, to the consideration of the parliament to take such course concerning the same as the parliament shall think fit. Which report, being upon 2 January instant read in audience of the parliament, the same was remitted by the parliament to be considered by the several bodies of the estates at their meetings apart, and the same being this day returned and reproduced in parliament and of new again read in audience of the parliament, the estates of parliament, after consideration of the aforesaid supplication and report above-mentioned, approve the first part of the aforesaid report anent the committee's finding of the debt, quarterings, losses and charges of the fortifications respectively above-mentioned to be instructed in manner as is before related in the said report, and also the estates ordain that the town of Dundee shall be paid of the aforesaid debt and sum of £26,516 18s 9d due to them by the aforesaid bond and two acts of the committee, and of the sum of £30,964 9s 6d above-specified due to the town of Dundee for the said quarterings out of the first and readiest of the excise of the said town appointed bygone and in time coming, and ordain the same excise appointed bygone and that still to come to be collected and uplifted by the magistrates thereof for that effect and to be accounted for by them to the committee for the excise, according to the act made relating thereto, and thereafter retained by the magistrates and allowed to the town in payment of the aforesaid sums respectively above-written due to the town for debt and quarterings as said is. And likewise the estates of parliament, in respect of the many poor and necessitous people in the town of Dundee, ordain the sum of £20,000 Scots (as a part of the sum above-mentioned contained in the aforesaid report of the losses specified therein) to be presently paid out of the first and readiest monies due to the public as may be had to the magistrates of Dundee, to be distributed by them for the present supply and subsistence of the poor, necessitous people of that town accordingly as the magistrates thereof shall find most needful. And for the rest of the aforesaid losses and expenses of their fortifications, the estates declare they will take the same into their consideration with others that are of the same kind as them.
[1645/11/122]*[print] [email] [cite] [preceding] [following]
The estates appoint [Thomas MacLellan], lord Kirkcudbright to be upon the committee for hearing and fitting the accounts of the constable of the castle of Edinburgh in absence and place of [William Kerr], earl of Lothian formerly nominated thereupon.