On the forty eighth day of parliament
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Prayers said, rolls called.
The estates of parliament, having heard and considered the desire of the petition presented by the officers still living of the lord chancellor's regiment, showing that the treasurer of the armies had fitted the account of the monies due to the officers of the aforesaid regiment from 15 March 1645, being their return from England, to 15 August thereafter, at which time they were disbanded, being five months, excepting out of the said account the pay due to Colonel Robert Home. By the which account it is declared that there rests to the regiment and officers thereof, over and above the pay due to Colonel Robert Home, accounting the precept directed to Archibald Sydserf for a month's pay, to the whole regiment the sum of £5,459 2s 8d, as the fitted account subscribed by [Sir Adam Hepburn of] Humbie bears, and therefore desiring that warrant might be given for payment thereof to the officers of the aforesaid regiment according to the said fitted account by assignment or otherwise by the commissary-general or otherwise as has been done to any other regiment that has been in that service, as the supplication bears. The said estates of parliament do hereby approve of the aforesaid account subscribed by the Lord Humbie and ordain the commissary-general to make payment of the aforesaid sum of £5,459 2s 8d to the officers still living of the said lord chancellor's regiment by assignment or otherwise as he has made payment or shall make payment to any other regiment who have been employed in that service, and ordain that regiment to be put on an equal footing with the rest of the regiments, for the which this act shall be a sufficient warrant.
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The estates of parliament, having taken into their consideration the tenor of the supplication exhibited to them by Lieutenant General William Baillie of Letham, craving that his carriage at and before the unhappy battle at Kilsyth might be narrowly tried and examined and he accordingly exonerated or censured, and having appointed a committee for trying that matter, and the said committee having taken the exactest trial they could by the relation of the said Lieutenant General Baillie and by the declarations of the noblemen who were then present and of sundry officers, the said committee did represent to the parliament their humble opinion that the said Lieutenant General Baillie should be exonerated and that he may return and proceed to his charge in England for the service of his country; with the which report, the said estates being well and ripely advised, they do approve the same and find nothing in the carriage of the said Lieutenant General William Baillie at or before that battle at Kilsyth whereby he can be justly accused of infidelity or want of affection to his country and that he ought to be exonerated and acquitted of all challenge or imputation for the same and may return and proceed to his charge in England for service of his country and the good cause to which formerly he has been so faithful and serviceable.
[1645/11/173]*[print] [email] [cite] [preceding] [following]
The estates of parliament have ratified and approved and by this act ratify, approve and confirm the gift and presentation granted by our sovereign lord the king's majesty to Mr James Baird of Little Fiddes, advocate, during all the days of his lifetime, of the office and place of the commissariat of Edinburgh lately possessed by the late Mr Thomas Aikenhead, one of the four commissaries of Edinburgh, and vacant in his majesty's hands by the death of the said late Mr Thomas Aikenhead, and therefore giving, granting and conveying to the said Mr James Baird during his lifetime as said is all fees, profits, casualties, privileges, immunities and commodities whatsoever pertaining and belonging to the said office at any time formerly or that shall be known to appertain and belong thereto in any time hereafter; with power to the said Mr James Baird, during his lifetime as said is, to use, exercise, possess, hold and enjoy the said place and office of one of the commissaries of the commissariat of Edinburgh, the whole privileges and immunities pertaining and belonging thereto and to intromit with, uplift and receive the whole fees, casualties and duties belonging to the said office likewise and as freely in all respects as the said late Mr Thomas Aikenhead or any of his predecessors did or might have done and with all and sundry other commodities, profits and privileges pertaining or that righteously shall be known to pertain thereto freely, quietly, well and in peace without any retention whatsoever; commanding also the other commissaries of Edinburgh to accept and receive the said Mr James Baird to the aforesaid office and place during all the days of his lifetime, and to take his oath for lawful and true administration of justice therein, ordaining all the lieges to answer, obey and make payment to him of all fees, casualties and other duties belonging to the said place, as the said gift at more bears in the whole heads, articles and clauses mentioned and contained in the aforesaid gift and presentation and according to the tenor thereof in all points. And the estates declare this present ratification to be as sufficient in all respects as if the said gift was word for word inserted herein, with the which the estates hereby dispense. And also the estates of parliament, in respect of the said Mr James Baird's qualification, sufficiency and honesty to discharge the aforesaid office, do hereby interpose the authority of parliament to the said gift and presentation granted by the king's majesty to the said Mr James Baird of the aforesaid place and office and whole fees, casualties, duties, privileges and immunities belonging thereto, and hereby ordain the said Mr James Baird to be answered, obeyed and paid thereof since the death of the said late Mr Thomas Aikenhead and in time coming during the said Mr James' lifetime; and also ordain the other commissaries of Edinburgh to accept and receive the said Mr James Baird to the aforesaid place and office during all the days of his lifetime and to the receiving and uplifting by him of all and sundry fees, casualties, profits, commodities and other duties whatsoever due to the said place and office since the death of the said late Mr Thomas Aikenhead and to the holding and possessing of the whole privileges belonging thereto in time coming during his lifetime as said is, and take his oath for lawful and true administration of justice in the said place. As also the estates hereby ordain all our sovereign lord's lieges to answer, obey and make payment to Mr James Baird of all fees, casualties and other duties belonging to the said place since the death of the said late Mr Thomas Aikenhead and in time coming, to which the said Mr James Baird is provided and ordained to be received in manner aforesaid.
[1645/11/174]*[print] [email] [cite] [preceding] [following]
The estates of parliament taking into their consideration that for the better execution of this sentence or sentences to be pronounced by the commissioners for the processes during this session of parliament and thereafter by such commissioners as the parliament shall appoint for that effect against any delinquents according to the rules hereby prescribed, and for the more speedy and ready bringing in of their fines, it is statute and ordained that the persons fined (in case they do not give sufficient security for the sums imposed upon them) shall presently be put in any ward or prison within the kingdom the commissioners appointed or to be appointed think fit, therein to remain until they make payment of their said fines, and that letters of horning within six days' warning and letters of poinding and apprising in the appropriate form be directed upon any sentences to be pronounced by the commissioners of processes during this session of parliament or by any committees the parliament shall appoint for that effect thereafter against the said delinquents or any of them for payment of their said fines, and further (without prejudice of the warding, letters of horning, poinding and apprising aforesaid and all that may follow thereupon), in case the said delinquents shall fail to make payment of their said fines or any part thereof at the terms appointed for payment of the same, either first, second or third term's payment thereof, then and in that case the said estates of parliament by this act give full power and commission to the said commissioners of processes during this session of parliament, and thereafter to the committee or committees to be appointed by the estates of parliament for that effect, (immediately after the first failure to be committed by the said delinquents or any of them of the payment of their fines or any part thereof) to cause sequestrate the said delinquents' whole rents and estates, uplift and gather in the same to the public use for payment of the said fines and to take their houses and put garrisons therein upon the charges of the delinquents, and that over and above their fines and failures appointed or to be appointed to be paid by them. And also ordain the said delinquents to sell and convey heritably and irredeemably the lands, heritages, teinds and others whatsoever, with the pertinents, pertaining to the said delinquents (who shall happen to fail in payment of their fines as said is), at the least so much thereof as will be equivalent to their said fines and failures at the rate of seven years' purchase, and thereupon to make, seal and subscribe dispositions and alienations thereof and all other writs and securities requisite to any person that will please to accept and buy the same at the said rate with absolute warrandice to be contained therein against all persons, which right and disposition so to be made of the said lands and others aforesaid to the buyers the estates of parliament by this act declare shall be in all time thereafter a good and valid right to the buyers, their heirs and assignees to hold the same lands and others in perpetuity as freely and as peaceably as the said delinquents themselves might have held the same by virtue of their preceding rights and titles. And if the said delinquents shall either refuse and postpone or be absent to convey and alienate their lands, heritages and others aforesaid, at the least so much thereof as will pay their fines and failures, then and in that case the estates of parliament give full power and commission to the said commissioners respectively above-specified to sell, alienate and convey to any buyer that will accept the same any lands, heritages, teinds or others whatsoever, with the pertinents, pertaining to the said delinquents, at the least so much thereof as will satisfy and pay their said fines and failures at the rate of seven years' purchase; which dispositions so to be made by the said committees respectively aforesaid the said estates of parliament declare to be as good and valid a right to hold the said lands and others aforesaid as if the same were made by the delinquents themselves, and give warrant to the treasurer or commissioners for the exchequer to receive the said buyers upon the dispositions so to be made without payment. And to the effect the said buyers may the more peaceably hold and possess the said lands, the said estates of parliament ordain the said delinquents, conveyer aforesaid of their said lands, teinds and others aforesaid, to deliver the evidents of such lands as they shall convey upon oath to the buyer if there be no other land comprehended within the said evidents of greater value than the said lands conveyed, and if there shall be lands within the said evidents of greater value than the lands conveyed, then the said estates ordain the said buyers to have the principal writs and evidents and the sellers to have the authentic transcripts thereof, with power likewise to the said commissioners appointed or to be appointed to seize upon their whole evidents and detain them until they make payment of their fines and failures; and also in case any of the delinquents shall be absent or postpone, refuse and delay to make payment of their said fines as shall be imposed upon them by virtue of this present act, then and in that case the estates of parliament statute and ordain that any person or persons whatsoever who are owing any sums of money to the said delinquents by whatsoever manner of way shall be cited and convened before the said commissioners for the processes during their sitting (and thereafter before the commissioners to be appointed for that effect) and decreed to make payment of such sums of money as they are resting to the said delinquents to the public in satisfaction in payment of the said delinquents' fines for as much, upon a discharge to be granted to them thereupon by the said commissioners respectively aforesaid or their treasurer with absolute warrandice; which discharge the estates of parliament declare shall be as valid a discharge to the receivers thereof as if the same were made and granted by the delinquents themselves to free them at the hands of the said delinquents and at the hands of all persons whatsoever. And to the effect it may be constant what sums of money are owing by any persons to the said delinquents, the said estates ordain publication to be made at the market cross of Edinburgh, the market cross of the town where the committee shall sit and market cross of the shire where the delinquents dwells, that such persons are decreed and declared to be delinquents and have not made payment of their fines and commanding all persons whatsoever indebted to the said delinquents in any sums of money by bond or otherwise to come and give up the same to the said commissioners present or to be appointed, which persons, upgivers, shall have the fifth part of the sums owing by them to the said delinquents allowed and released to them. And in case the said debtors to the said delinquents shall fail to come in and give up the said sums owing by them to the said delinquents after publication made in manner above-specified, then and in that case the aforesaid persons, debtors, shall be liable in payment of a fifth part more than that which they were formerly owing in respect of their contumacy.
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The estates of parliament declare that albeit Mr George Dundas of Manor is inserted in the commission of monies, processes, fines and excise as one of the commissioners therein for the barons, yet that secludes him not but that he stands and remains notwithstanding thereof in the commission for England as one of the commissioners therein and with the power mentioned therein. And also the estates declare that if the said Mr George Dundas of Manor shall be sent out of the kingdom for that commission to England, that then and in that case the committee of monies shall have power to choose another in his place, of his degree and rank, to be upon that committee for monies, for the which this act shall be a warrant.
[1645/11/176]*[print] [email] [cite] [preceding] [following]
That they go in name of the parliament to [James Livingstone], earl of Callander and show to him that they conceive him to be most fit for the command of the forces maintained within this kingdom for suppressing this unnatural rebellion and fully enabled with all qualities fitted for so great a trust, and therefore to desire him to accept the said charge, and report his answer.
[1645/11/177]*[print] [email] [cite] [preceding] [following]
The estates of parliament taking into their consideration that the committee of estates did upon 17 October 1645 grant commission to Thomas [MacLellan], lord Kirkcudbright, John Fullarton of Carleton and others mentioned therein for trying the carriage of Robert Forrester, commissioner of Kirkcudbright, and Captain John Forrester and various others anent their presenting a blank commission to many of the inhabitants of Kirkcudbright appointing a governor over that burgh and for compelling many of the townsmen to sign it, and to have made report of their diligence, as the commission bears; and the estates of parliament also considering that the said Robert Forrester and Captain John Forrester, Robert Gordon, sometime treasurer of the said burgh, and Charles Lindsay, merchant there, have not only, contrary to the laws and acts of parliament but also against the liberty and freedom of the burgh of Kirkcudbright for choosing their magistrates and rulers by the town council, entered in league and bond appointing a governor to command and rule the burgesses and inhabitants of the burgh, and have not only subscribed the same themselves, but also violently by force of arms compelled many of the inhabitants and burgesses to subscribe the same; and in prosecution of their secret and unlawful designs, they did most barbarously and tumultuously upon 5 and 6 September 1645, accompanied with various of their accomplices and associates, being all armed with pistols, muskets or swords, pass between 11 o'clock at night and the break of day to the houses of many of the inhabitants of the said burgh of Kirkcudbright and violently rushed into their houses and threatening by many execrable and blasphemous oaths to put bullets through their heads and pistol them and burn their houses if they should not immediately subscribe the said unlawful league and bond and join with them therein; and did incarcerate John Ewart, one of the bailies thereof, and John Ewart, his eldest son, and William Sprott, jailer, for their refusal to subscribe after they had violently taken them out of their beds; and contrary to the laws and acts of parliament they and their accomplices did at the said time convene within the said burgh in a tumultuous and seditious way and uproar with charged muskets and cocked matches and guarded the tolbooth where the prisoners were and convened various of the inhabitants in arms for their assistance; and that it is necessary and expedient that the said persons be proceeded against and further tried and all manner of probation used against them that they may be pronounced guilty or innocent and accordingly freed or censured. And herewith also considering that for effectuating hereof a commission be granted for taking the said trial and considering the just deserts and merits of the said persons, therefore the estates of parliament give and grant full power and commission to Robert [Gordon], viscount of Kenmure, Thomas [MacLellan], lord Kirkcudbright, Alexander Gordon of Earlston, John Fullarton of Carleton, Richard Muir of Cassencarie, William Grierson of Bargatton, John Brown of Carsluith, William Gordon of Roberton, Alexander Gordon of Knockgray, Robert Gordon of Knockbrex and William Glendinning [of Gelstoun], provost of Kirkcudbright, or any [...] of them being present for the time, to proceed in the aforesaid trial and to cause summon or indict them or any of them upon the laws and acts of parliament made against leagues and bonds and unlawful combinations† within burgh, and discuss the relevancy thereof and receive all manner of probation either upon their own declarations or upon the depositions of famous witnesses or any other lawful probation to be led against them, and that over and above and without prejudice of whatsoever probation already led against them or any of them by virtue of the aforesaid commission granted by the committee of estates, and to that effect, if need be, to call the said delinquents before them at such diets as they shall appoint to answer to the crimes particularly and respectively to be contained in the said summons or grounds of indictment to be given in against them in manner above-written, and also to direct their precepts or summons for summoning of witnesses under the pain of horning for proving the said crimes against the delinquents, and to examine all witnesses, either by themselves or such of their number as they shall appoint for that effect, and accordingly with power to them or their quorum aforesaid to find and decree the aforesaid persons guilty or innocent according to their own declarations or depositions of witnesses and other probation led or to be led against them as said is without proceeding to the knowledge of an inquest or assize; and the said estates of parliament ordain the commissioners or their quorum to report to the parliament or committee of estates what they shall find against the aforesaid persons or any of them concerning the premises; and the said estates of parliament have reserved to themselves or committee of estates respectively the sole and only power of censuring and punishing of them in their own hands respectively, discharging, likewise the estates of parliament discharge the said commissioners or their quorum of all pronouncing of any sentence for doom, censure or punishment, but only to make their report relating thereto as said is.