On the forty ninth day of parliament
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Prayers said, rolls called.
The estates of parliament, now convened in the fifth session of this first triennial parliament, understanding from the general assembly the great abuse of printing and publishing books, letters and other papers concerning religion and the kirk without licence, therefore, for remedy thereof, inhibits and discharges all and every one to presume hereafter to print or reprint any declarations, protestations, covenants, confessions, letters, acts or anything issuing from kirk judicatories or any books, treatises, histories, sermons, commentaries, disputes or other papers whatsoever concerning religion or any point of religion in doctrine, worship or discipline or concerning the kirk, the officers, government or condition of affairs thereof without special licence and privilege of the general assembly or their commissioners, or such as shall have power from them, and that under the pain of confiscation of the said books and other papers printed without licence aforesaid and of the presses, types and other moveable goods whatsoever belonging to the printers thereof, the one half whereof shall belong to the kirk to be made use of and employed upon pious uses, beside any further personal punishment of the said printers that the lords of secret council or the committees of parliament or convention shall think fit to inflict; and the said estates ordain the magistrates of burghs where the printers dwell, upon information from the general assembly, their commissioners or others having power from them, to arrest, take and apprehend the said printers, contraveners of this act, with the books and other papers aforesaid to be presented to the lords of council or committees of parliament or convention to underlie the law for the said offence, that after trial thereof the said books and papers and all the other goods aforementioned may be confiscated in manner aforesaid and the offenders further punished at the discretion of the said judges.
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The estates of parliament, now convened in the fifth session of this first triennial parliament, having heard and considered the act of the committee of estates of 29 November 1644, whereof the tenor follows: The committee of estates, taking into their consideration the prejudice that does ensue through the uncontrolled liberty that printers take to themselves to print and publish books and papers at their pleasure without any warrant, and that in all well governed kingdoms it is expressly prohibited that any subject take upon hand to print or publish books of whatsoever discipline or science, but especially libels or chronicles concerning the state of the kingdom or ages past, without warrant or allowance for that effect, therefore the committee of estates, according to the practice of the convention of estates in former times, statute and ordain that no persons of whatsoever rank, degree or calling take upon hand to print, publish or set out any manner of book, libel, history or other paper; as also that no book being printed out of the kingdom be brought in and sold within the same until first they be seen and revised by his majesty's secretary, certifying those that do in the contrary they shall forfeit their said books and papers and their whole other moveable goods and shall be further punished at the discretion of the council or committee of estates. And this act to endure until the next session of parliament, and to be without prejudice of the act of the general assembly anent printing or any order to be given by the public judicatories of the kingdom. The said estates renew the aforesaid act and do hereby statute and ordain that no act, libel, chronicle or any manner of book, history or other paper concerning the state of this kingdom be printed or brought in and sold without advice and licence of some of the supreme judicatories within this kingdom or secretary thereof, without prejudice always of the act of parliament of the date of this act made in favour of the commissioners of the kirk, and also without prejudice to the power of the clerk register for printing the acts of parliament.
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The estates of parliament, considering the great abuse of lykewakes, do therefore inhibit and discharge all persons of whatsoever quality to have lykewakes hereafter and that under the pain of £20 [Scots]† to be paid by the contraveners on every occasion to the kirk session for pious uses, and ordain the fines to be uplifted according to the act of parliament made at Perth [anent the uplifting of pecuniary pains]†.
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1. That your lordships will be pleased according to the remonstrance represented to recommend to the general officers of the army to take special notice of the insolencies, oppressions and other enormities of the soldiers, that they may be restrained and exemplarily punished.
2. To provide some way how the supreme and inferior courts and judicatories and public offices in burgh and land and in our armies may be purged of malignants and of such as have made defection from the cause by corresponding or complying with the public enemies of this kirk and kingdom, and that none be put in these places but such as are of known and approved honesty and affection to the present cause.
3. That your lordships would be pleased to consider how securely excommunicated persons live, notwithstanding of the fearful sentence of excommunication of Mr John Guthrie, sometime pretended bishop of Moray, and various other scandalous and malicious malignants, and also various obstinate papists, that some way may be provided whereby the censures of the kirk may not be so abused and eluded and that the civil pains appointed by the laws of the kingdom be really and severely executed against them.
4. That your lordships, according to the frequent desires of this kirk tendered to every parliament and at almost every session of parliament, would be at length pleased to consider the acts of former parliaments against adultery and incest, that they may be in such sort revived and renewed, as these odious sins, yet so risen and grown to such a height of abomination as is horrid to express, may be restrained and exemplarily punished; and when these laws are so established, that some course may be provided how the ordinary judges may be authorised and enabled for executing them in all the parts of the kingdom.
5. That as your lordships will consider and restrain the power of papists and malignants in the north, so also that you will be pleased to take some solid course how the south borders may be strengthened and secured against the plots of papists and malignants who are of a considerable number and strength there and in the north of England, and how our borders may be also freed of the insolencies committed by thieves and moss troopers which still continues and increases there.
6. That some way may be provided whereby noblemens' children may not be educated by papistical or malignant parents or tutors, but that the care and trust of their education be committed to some religious and well affected friends, which will contribute very much both to the good of kirk and state.
7. That according to the frequently reiterated desires of this kirk, the act of his majesty's first parliament concerning schools be enlarged and made effectual for founding and maintaining schools in every congregation, the want whereof is the main obstruction of piety and virtue in this kingdom.
8. That as the estates have discharged weekly markets on Monday and Saturday as occasion of profanation of the Sabbath, so they will be pleased to discharge fairs on these days seeing the Lord's Sabbath is profaned no less upon these occasions.
9. That according to their humble desire in their remonstrance, special consideration be taken of the losses of such as have given testimony of their affection to the cause, and particularly of poor ministers who have sustained the losses of all means of livelihood for themselves, their wives, children and family.
10. That your lordships will give answer to the humble desire presented to the late session of parliament at Perth concerning the planting of vacant places in the universities, seeing it was delayed to this time.
11. That your lordships will provide some way how the pensions granted to deposed and malignant ministers may be discharged.
Which particular overtures above-mentioned being read in audience of the parliament and considered by the estates of parliament, they approve the first overture and agree thereto, and find the second satisfied by the act of classes made for punishing and fining malignants and delinquents. Item, for the third, the estates ordain warrant to be given to the committees of war of each shire for securing excommunicated persons in the most sure places and the officers of the army present in the shire to assist. Item, for the fourth article against adultery and incest, the estates ratify the former acts made relating thereto. Item, concerning the fifth article against papists, malignants, thieves and moss troopers, the estates ordain the noblemen and gentlemen of the borders to meet and think upon overtures and thereafter to represent the same to the committee of estates. Item, anent the sixth overture, the estates agree thereto and ordain the particulars to be condescended on and represented to the committee of estates. Item, for the seventh article anent schools, the estates find the same answered by the act made relating thereto this day. Item, anent the eighth article, the estates ordain an act to be extended relating thereto and ordain Mr Robert Farquhar [of Mounie], commissioner to this session of parliament for the burgh of Aberdeen, to see the act formerly passed put to execution in Aberdeen concerning markets in that town. Item, as concerning the ninth article, ordain the losses of such as have given testimony of their affection to the cause, and particularly these ministers who have sustained the loss of all means of livelihood, to be specially recommended to the committees of the monies for the south and north. Item, as concerning the tenth article anent the planting of vacant places in universities, the estates find the same answered by the deliverance and act made upon the supplication in favour of the university of St Andrews of the date of this act. And for the eleventh article anent the pensions of deposed and malignant ministers, the estates agree that course be taken how the pensions granted to deposed and malignant ministers may be discharged.
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The estates of parliament, after reading and considering the supplication presented to them by the rector and other regents of the university of St Andrews, on behalf of the Old College thereof, desiring that they may be permitted to fill the first master's place within the said Old College, vacant by the death of the late provost thereof, as they shall be answerable to the parliament or commissioners appointed by parliament for visitation of the university of St Andrews, notwithstanding of the act of parliament at Perth anent the filling of places in universities, for obedience whereof they have refrained as yet from filling the said place according to the order prescribed in the foundation of the said college and custom observed in time bygone, as the supplication more fully bears; and after debate anent the filling of the aforesaid place and of the interest acclaimed by the general assembly in the filling of places in universities and of the overture given in by the commissioners of the assembly relating thereto, the said estates of parliament, after voting, ordain the rector and other members of the university of St Andrews to proceed to the filling of the aforesaid vacant place of the late provost within the Old College of the said university according to their foundation, right and possession as they will be answerable to the parliament and general assembly of the kirk, without prejudice of any right pertaining to the general assembly for the presentation or admission to any places in the universities. And the estates of parliament remit to the visitors of the university of St Andrews to take investigation as well of the right and interest of universities in their foundation for their right of presentation and filling of the said places as of the general assembly's rights, interest, overture and desire that the prime places of universities may be planted and filled with their consent, and ordain report to be made thereof to the next session of parliament.
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The estates of parliament, considering that the profanation of the Sabbath is occasioned by keeping fairs upon Saturday and Monday as it was by keeping weekly markets upon these days, do therefore inhibit and discharge all burghs and towns to keep fairs upon Monday and Saturday under the pain contained in the act passed in June 1640 against keeping weekly markets on these days; which act the estates do hereby extend against keeping of fairs upon these days in the whole tenor and effect thereof.
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The estates of parliament, taking into their consideration the ninth act of his majesty's second parliament in the year 1641 anent non-covenanting patrons and other non-covenanters mentioned therein, think it very reasonable that the same be extended in manner following, and therefore declare that presbyteries shall not only have right perpetually to plant and provide all and sundry kirks of the patronages belonging to any person that has not subscribed the National Covenant but also all kirks of the patronages belonging to any person that has not subscribed the league and covenant of the three kingdoms or that is or shall be excommunicated, and that from the time of the public enjoining the covenant by the kirk and of pronouncing the sentence of excommunication until they subscribe the said covenants and be relaxed from excommunication respectively. And it is also declared and ordained that all kirks of the patronages belonging to any person that is or shall be forfeited for whatsoever cause be provided and planted hereafter by presbyteries within whose bounds they lie, and that the right of planting thereof shall belong to presbyteries by full and pepetual right in time coming, declaring also hereby that the planting and providing of all and sundry kirks above-mentioned shall always be according to the propositions of ordination of ministers agreed upon by the assemblies of both churches and ratified by the parliament of this kingdom. And further the estates extend the act of parliament above-mentioned against the refusers of the league and covenant of the three kingdoms and excommunicated persons in the whole tenor and effect thereof, ordaining the same to be as effectual in all points against them as against the refusers of the National Covenant expressed therein.
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The estates of parliament, considering how prejudicial the want of schools in many congregations has been and how beneficial the founding thereof in every congregation will be to this kirk and kingdom, do therefore statute and ordain that there be a school founded and a schoolmaster appointed in every parish (not already provided) with the advice of the presbytery, and to this purpose that the heritors in every congregation meet amongst themselves and provide a commodious house for the school and modify a stipend to the schoolmaster, which shall not be under 100 merks nor above 200 merks, to be paid yearly at two terms, and to this effect that they set down a stent upon everyone's rent of stock and teind in the parish proportional to the value thereof for maintenance of the school and payment of the schoolmaster's stipend, which stipend is declared to be due to the schoolmasters over and above the casualties which formerly belonged to the readers and clerks of kirk sessions; and if the heritors shall not convene or being convened shall not agree amongst themselves, then and in that case the presbytery shall nominated 12 honest men within the bounds of the presbytery who shall have power to establish a school, modify a stipend for the schoolmaster with the latitude before expressed and set down a stent for payment thereof upon the heritors, which shall be as valid and effectual as if the same had been done by the heritors themselves. And because the proportions imposed will be very small, therefore and for the better and more ready payment thereof, it is further ordained that if two terms' proportions run in the third unpaid, then those that so fail in payment shall be liable in the double of those proportions then resting and in the double of every term's proportion that shall be resting thereafter until the schoolmaster be completely paid, and that without any deduction, and that letters of horning and all other executorials necessary be directed at the instance of the schoolmaster for payment of the double of the proportions in manner aforesaid, discharging hereby any suspension to pass against the schoolmasters without consignation. And it is declared that liferenters during their lifetime shall be liable in payment of the proportion imposed upon the lands liferented and execution in the manner before expressed shall pass against them for that effect, and the heritors shall be always free of the same during the liferenters' lifetime; and if any persons find themselves wronged by inequality of the proportions imposed, it shall be lawful for them to seek redress thereof before the lords of secret council or session within a year and day after the imposing of the stent and by no other way.
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The estates of parliament, taking into their consideration the petition presented to them by the commissioners to this parliament for the sheriffdom of Berwick, desiring that the parliament would nominate and appoint a sheriff for the sheriffdom of Berwick for administration of justice, causing obedience to be given to public orders and doing every other thing incumbent to that place and office, and herewith likewise considering the list given in of those out of whom the election is to be made, the said estates do hereby nominate, elect and appoint John Home of Blackadder to be sheriff of the sheriffdom of Berwick for this year 1646, and make and constitute him sheriff of that shire for the said year, to whom the estates of parliament by this act give and grant full power and commission to exercise and discharge the said place and office of sheriff of the sheriffdom of Berwick in administration of justice to the lieges, causing public orders be obeyed and in doing every other thing incumbent to the place and office of the sheriff of the sheriffdom of Berwick within the whole bounds and jurisdiction thereof during the space aforesaid likewise and as freely in all respects as any sheriff of that shire did or might lawfully do in any time bygone. Likewise the estates of parliament give and grant to the said John Home of Blackadder and sheriff of Berwick all power, privilege, liberty, immunity and other casualties whatsoever pertaining, due or competent to the said place and office during the space above-mentioned to be peaceably held, exercised, possessed and uplifted by him as sheriff during the said space. With power to the said John Home of Blackadder to nominate, elect and choose his own deputes, for whom he shall be answerable, for his help and assistance in the administration of justice to the lieges and discharge of the aforesaid office and charge of being sheriff of the sheriffdom of Berwick during the space above-mentioned likewise and as freely in all respects as any other sheriff principal of the said shire did or might have done in any time bygone, for the which this act shall be a sufficient warrant.
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Anent the petition given in to the estates of parliament, whereof the tenor follows: The humble petition of James MacDowall of Garthland, in name of the shire of Wigtown to the estates of parliament, shows that whereas by the death of the late William Dunbar, commissary clerk of Wigtown, the said office of clerkship is vacant whereby the subjects of that shire are prejudiced for want of the sitting of that judicatory, therefore my humble desire to your lordships is that you would nominate and appoint John Dunbar, younger son to the said late William, who is sufficiently qualified for the said charge, to be clerk to the said office, and your lordships' answer, as the supplication bears. Which being read in audience of the parliament and the desire thereof heard and considered by the estates of parliament, they, to remedy the prejudice sustained by the subjects by the want of the sitting of the judicatory of the commissariat of Wigtown occasioned by the death of the late commissary clerk, do hereby nominated and appoint the said John Dunbar, younger son to the said late William Dunbar, to be commissary clerk of Wigtown and to exercise the charge and office of commissary clerk there with all fees and dues lawfully belonging to the said office, for the which this act shall be a sufficient warrant.
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The estates of parliament ratify and approve the act of the committee of estates at Glasgow, 5 November 1645 in favour of Mr Patrick Pitcairn, advocate, ordaining him to exercise the office of commissary of Dunkeld and sheriff depute of Perth in as ample manner as Mr Gilbert Stewart [of Polcalk], commissary of Dunkeld and sheriff depute of Perth (who is now joined with the rebels), or any other before him did until further order be taken anent the said offices, and discharge all others from exercising the same offices and appointing the courts thereof to be held within the burgh of Perth in the whole heads and clauses of the same act, and declare this present ratification thereof to be as sufficient as if the aforesaid act was word for word inserted herein. And also the estates of parliament do hereby discharge Mr James and Mr Gilbert Stewart of all further exercising of the aforesaid offices and also the lieges from resorting to their pretended courts or receiving confirmation of testaments from them in time coming, and declare all confirmations of testaments and decreets to be made and given respectively by the said Mr Gilbert and Mr James Stewart to be null and ineffectual. And do hereby grant power to the said Mr Patrick Pitcairn to nominate, appoint and admit clerks and other members of court necessary for the said commissariat, and hereby recommend the said Mr Patrick Pitcairn to the sheriffs principal of Perth to admit him yearly to the office of sheriff depute of Perth, and ordain the said Mr Patrick to exercise the said two offices of commissary of Dunkeld and sheriff depute of Perth according to the aforesaid until he be discharged by the parliament or committee of parliament, and ordain publication to be made hereof at the market cross of Perth and other places needful within the diocese of Dunkeld.
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Forasmuch as the estates of parliament, having heard and considered the report of that committee appointed by them for hearing and considering the Earl Marischal's desires concerning the monies acclaimed by him as due to him by the public, together with the supplication of Sir William Forbes of Craigievar, craving that in regard of his possession of the house of Drum and maintaining the garrison therein by warrant from Lieutenant General David Leslie, the parliament would grant commission to him for uplifting [Sir Alexander Irvine], laird of Drum's rents lying adjacent to the house of Drum, which according to the valuation will not exceed 3,000 merks or thereby and that for his payment and subsistence of the debt due to him by the public, he being accountable to the estates for his commission, as the supplication and report respectively above-written more fully purports. The said estates, in respect of the extremity the Earl Marischal is brought to through the want of these monies and charges he has been at in the public service, besides the extraordinary losses he has suffered for his affection to the cause, which is not now to be taken to the estates' present consideration, ordain that for the said earl's present subsistence he have a commission granted to him for intromitting with and uplifting the rents of the lands of the barony of Drum belonging to the laird of Drum, which in the report are declared to be valued to 6,000 merks per year, with the possession of the house of Drum, and therefore the estates do hereby grant warrant and commission to the Earl Marischal to the effect aforesaid so far as concerns the house and lands of the barony of Drum, but in respect of the said Sir William Forbes of Craigievar's sufferings and of his present possession of the house of Drum, lands and barony thereof, the estates ordain that committee appointed for the north to provide to the said Sir William Forbes of Craigievar a sufficient garrison house and rent answerable to the desire of his supplication, and in the meantime until the same be done to him the estates have suspended and hereby suspend the said Earl Marischal's possession of the aforesaid house and lands of the barony of Drum, and ordain the said Sir William Forbes of Craigievar's possession thereof to be continued; and also the estates ordain [Sir Adam Hepburn of Humbie], commissary-general, and his deputes to account with the said Earl Marischal as colonel of his regiment in England and to put him on an equal footing with other colonels of the Scottish army in England, for the which this act shall be a sufficient warrant.
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Forasmuch as the estates of parliament, having heard and considered the report of that committee appointed by them for hearing and considering the earl of Findlater's desires concerning the monies due to him by the public, find that there is justly indebted and due to be paid to the earl of Findlater by the public of real loaned money in principal sums and annualrents thereof at Candlemas [2 February] 1646 the sum of £8,452 1s 1d Scots money, and for the said James, earl of Findlater's payment and satisfaction of the aforesaid sum, the said estates of parliament by this act ordain [Sir Adam Hepburn of Humbie], commissary-general, and his deputes to make payment to the said earl of the aforesaid sum of £8,452 1s 1d out of the first and readiest monies that shall be raised for the use of the public within the sheriffdom of Banff, either fines, forfeitures or borrowed monies, and the estates declare that the same fines, forfeitures and borrowed monies within the sheriffdom of Banff shall be employed for no other use until first the said earl of Findlater be completely satisfied of the sum above-mentioned due to him and annualrent thereof until the payment, and for this effect the estates do hereby assign and convey to and in favour of the said James, earl of Findlater all the said fines, forfeitures and borrowed monies pertaining to the public within the said sheriffdom of Banff until the said earl be completely paid forth thereof of the aforesaid sum of £8,452 1s 1d, with the annualrents thereof until the payment, and thereafter the surplus of the said fines, forfeitures and borrowed monies to accrue to the public and the earl of Findlater to be accountable therefore to the parliament or committee of parliament for the use of the public so far as he intromits with any more than he pays himself of the sum above-written due to him and annualrents thereof until the payment. And further, for the said earl of Findlater's greater assurance and better security for payment, the said estates by this act renew the former commission granted to him by the parliament at Perth upon the [...] day of August 1645 for intromission with the rents, sums of money and other goods and gear pertaining and indebted to the persons after-specified, and do hereby of new grant full power, warrant and commission to the said James, earl of Findlater, and to his factor and chamberlains in his name for his use and for whom he is to be answerable, to collect, intromit with and uplift the rents and duties of whatsoever lands pertaining to George Adamson of Floors, namely: the lands of [...] lying within the sheriffdom of Banff; item, the rents and duties of the lands of Pethnick and others pertaining to Thomas Innes of Pethnick and [...] Innes, his eldest son; item, the rents and duties of the lands of Lessendrum pertaining to Alexander Bisset of Lessendrum; item, the rents and duties of the lands of [...] pertaining to Harry Gordon; and the rents and duties of the lands of Mureck pertaining to Alexander Gordon, with the rents, mails and duties of the lands of Auchannatie pertaining to Alexander Phin, with the parts, pendicles and pertinents of the whole lands above-mentioned, all lying within the sheriffdom of [...]. As also to intromit with and uplift all and sundry sums of money, furniture, plenishing and other goods and gear whatsoever pertaining and indebted to the persons above-named and each one of them until the said earl of Findlater be completely paid of the sum above-written due to him and annualrents thereof until the payment, and ordain him to be accountable for the surplus of his intromission more than he pays himself to the parliament, committee of parliament or to the commissary-general, treasurer of the armies. And in case the persons above-named or any of them shall happen to be fined or forfeited, in that case the estates declare that their fines and benefit of their forfeiture shall pertain to the earl of Findlater and be employed to his use until he be completely paid of his sum aforesaid due to him with the annualrents thereof. Likewise the estates, now as then and then as now, assign and convey the same to him to the effect aforesaid and the surplus of the fines and benefit of the forfeitures to pertain to the public, with power likewise to the earl of Findlater to hold courts upon the aforesaid lands, make and constitute bailies and create clerks and other members of court necessary and to do every other thing necessary and requisite relating thereto; as also to give discharges upon the receipt of the duties, sums of money and others to be uplifted by him and his factors and chamberlains for his use, which the estates declare shall be as sufficient to the receivers as if the same were granted by the parliament, committee of parliament or commissary-general and his deputes. And this power and commission to endure until the said earl of Findlater be completely paid of the sum above-specified due to him and annualrents thereof or that the same be discharged by the parliament or committee of parliament.
[1645/11/191]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of Patrick Maxwell of Newark, desiring that the estates of parliament would give and convey to him the right of superiority of the lands of Strathardle, lying within the sheriffdom of Perth, held by him of the late [Robert Maxwell], earl of Nithsdale, with all other right of the same lands competent to the estates by the forfeiture of the earl of Nithsdale to be held by the supplicant of the king's majesty in the same manner as the earl of Nithsdale held the same; as also to give warrant to the director of the chancellery and his deputes to give, subscribe and deliver to the supplicant a precept for infefting him in the said lands held of the king, as the supplication more fully bears; the said estates of parliament by this act give, grant and convey to the said Patrick Maxwell of Newark the right of superiority of his said lands of Strathardle, with all other right thereof competent or pertaining to them by the forfeiture of Robert, sometime earl of Nithsdale, superior to the supplicant of the same lands, to be held by the said Patrick Maxwell of the king's majesty likewise and as freely in all respects as the late earl of Nithsdale held the same, and ordain the said Patrick Maxwell of Newark to be infeft in the aforesaid lands of Strathardle, lying as said is, by a precept out of the chancellery to be granted to him hereupon, and for this effect the estates ordain and hereby grant warrant to the director of the chancellery and his deputes to give out, subscribe and deliver to the said Patrick Maxwell of Newark, supplicant, a precept for infefting him in his said lands of Strathardle, with the pertinents, lying within the sheriffdom of Perth, to be held of the king's majesty likewise and as freely in all respects as the late earl of Nithsdale held the same and with the same tenendas and reddendo contained in his infeftments thereof. Likewise the estates hereby dispense with all other solemnities and formalities requisite relating thereto and ordain the said Patrick Maxwell of Newark, supplicant, to give satisfaction to the creditors of the late earl of Nithsdale at the sight of the committee of estates, according to the act of parliament made relating thereto, that the said creditors be not prejudiced by the right above-mentioned hereby granted to the said Patrick Maxwell of Newark.
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The estates of parliament, taking into their consideration the attendance and service of David Mitchell, janitor and keeper of the New College of St Andrews, and of John Knowis, common servant there where the parliament and committee convened and sat, and in sweeping and cleaning the same rooms, building fires and bringing in lights not only during the time of this session of parliament but also the time that the committee of estates met and convened there, they do therefore hereby give precept and warrant to [Sir Adam Hepburn of] Humbie, general collector and treasurer of the armies, to pay to the said David Mitchell the sum of £100 and to the said John Knowis the sum of 50 merks Scots money for the pains and attendance aforesaid, for the which this act shall be a sufficient warrant.
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The estates of parliament declare that any commissions formerly granted do in no way derogate the commissions granted to the earl of Leven to be general of the whole forces within and without this kingdom, but are altogether without prejudice thereof in any point.
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The estates of parliament, having heard and considered the supplication of Sir James Lockhart of Lee desiring warrant from the parliament to the commissary of the treasury, treasurer depute and commissioners of exchequer to receive and pass his signature upon his comprising and disposition of the lands of Blackmark, Carrock, Orley, Cornharrow, Craiglowrie, Auchenshinnoch, Fingland, Troston, Knocksting and Lochrennie, extending to a 8 merk 6s 8d land as a part of the fifteen merk land of the barony of Gordonston, lying within the parish of [...] and sheriffdom of [...], held by [Robert Gordon], viscount of Kenmure and his predecessors (from whom the same was comprised) blench of Robert [Maxwell], sometime earl of Nithsdale, who held the same of the king's majesty, to the effect the supplicant may thereupon get infeftment of the same lands to be held of the king's majesty in the same form and manner of blench held as the viscount of Kenmure, his author, held the same of the late earl of Nithsdale, as the supplication more fully bears. The said estates of parliament do hereby give warrant to the commissioner of the treasury, treasurer depute and commissioners of exchequer and by this act ordain them to receive and pass the supplicant's signature of the aforesaid 8 merk 6s 8d land above-mentioned lying as said is upon his aforesaid comprising and disposition thereof for infeftment to be given to him of the same to be held of the king's majesty in the same form and manner of blench held as the viscount of Kenmure, his author, held the same of the late earl of Nithsdale or his predecessors, and in respect hereof ordain the said Sir James Lockhart of Lee, supplicant, to give satisfaction to the creditors of the late earl of Nithsdale at the sight of the committee of estates, according to the act of parliament made relating thereto.
[1645/11/195]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the desire of the supplication presented to them by William, earl of Lothian, craving that the parliament would recommend him to [John Lindsay], earl of Crawford [Lindsay], commissioner of the treasury, that the supplicant may be paid of the remainder of that sum granted to him by the parliament in the first session thereof for his charges in the service of this kingdom to and from France, to have been paid out of the king's rents and customs of this kingdom, whereof he has only received a small part; as also desiring to be taken into consideration for his payment as a colonel in the first expedition at Newcastle for the 12 months' pay which other colonels got, and for his constant attendance during that space of the charge and command of the town of Newcastle committed to him, and likewise to take into consideration that his regiment and he as colonel are behind other regiments in the aforesaid employment, seeing they never got proviant as others did but brought their own provisions out of Teviotdale, for which they got money now and then; likewise by having two companies of his own tenants in the regiment (about 280 men) they were completely paid by him during the service by retaining their fathers and friends' pay in the first end of the earl's duty, as his chamberlains' accounts will testify; and further he furnished considerable quantities of corn and sums of money when [James Livingstone], earl of Callander lay with his army in Teviotdale and on the border of England besides various quarterings upon his lands and losses by the rebels in the shires of Lothian and Roxburgh; and lastly representing that his Irish regiment was wholly cut down in the service and was 14 months in the service of this kingdom without receiving any proportional pay and maintenance and nothing at all either appointed or paid to the earl as colonel or captain, albeit he was present with them upon some occasions. Which premises by the aforesaid supplication are represented by the earl of Lothian to the consideration of the parliament, that they may do therein as they think fit, as the supplication at more length bears. The said estates of parliament remit and recommend the first part and member of the aforesaid supplication anent the payment to the earl of Lothian of the remainder of the sum granted to him by the parliament for his charges in his employment to France in the service of the kingdom to the earl of Crawford, commissioner of the treasury and commissioners of exchequer, that some effectual course may be taken for his payment, according to the act granted by the parliament to him relating thereto, and also the estates remit and recommend the other members and desires of the aforesaid supplication to the committee for the monies, to be taken into consideration by them for the supplicant's satisfaction as the said committee shall think fit.
[1645/11/196]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that they upon the supplication of Sir William Dick of Braid, desiring some effectual course to be taken for his payment of the great sums of money indebted by them to him for the cause contained in his supplication, bearing his other desires mentioned therein that he be not ruined for his affection to the good cause and estates of the kingdom, as the supplication bears, did upon 11 December last appoint a select committee to take the aforesaid supplication and desires thereof, with the supplicant's instructions, into consideration and to think upon some effectual ways and means for the supplicant's satisfaction, payment and security of the sums indebted by the estates of the kingdom to him, and herewith also considering the report of the aforesaid committee concerning the said Sir William Dick's supplication and desires thereof produced and read in audience of the parliament, the said estates of parliament do hereby ratify and approve the whole former rights, bonds and acts granted to the said Sir William Dick for payment and security to him of the sums indebted to him by the estates of the kingdom so far as the same sums are as yet unpaid, and further and without derogation thereto the said estates, for the said Sir William Dick's present supply of his great burdens, ordain him to have the sum of 500,000 merks Scots paid to him out of the just and equal third part of all fines, forfeitures and penalties incurred through contravening the acts of good behaviour decreed and to be decreed by the parliament or committees of parliament after the dissolving thereof upon malignants and forfeited persons since the field of Philiphaugh and out of each term or several terms' payment thereof respectively, with reservation always of the particular assignments for one month's pay forth thereof for the 10 regiments of horse and dragoons under Lieutenant General David Leslie at the aforesaid field of Philiphaugh, according to the act of the committee of estates at Glasgow in October last; as also with reservation of the sum of 140,000 merks Scots to be uplifted out of the aforesaid fines, forfeitures and penalties for contravening the acts of good behaviour for transporting the forces from Ireland to this kingdom, and likewise reserving the sums assigned by the committee of estates to Lieutenant General David Leslie and Major Middleton and the sum of 12,320 merks Scots resting to [Alexander Leslie], earl of Leven, lord general, of the 100,000 merks granted to him in the 1641 parliament, which sums so reserved are first to be paid out of the aforesaid whole fines, forfeitures and penalties respectively decreed and to be decreed upon malignants and forfeited persons since the said field of Philiphaugh. And for the said Sir William Dick's further assurance anent the payment of the aforesaid sum of 500,000 merks Scots above-specified, the estates of parliament by this act assign and convey to the said William Dick all and whole the just and equal third part of all fines, forfeitures and penalties of acts incurred for breaking good behaviour decreed and to be decreed by the parliament or committee of parliament after the dissolving of the parliament upon malignants and forfeited persons since the said field of Philiphaugh, to be paid to the said Sir William Dick at the terms respectively contained and to be contained in the sentences given or to be given by the parliament or committee of parliament relating thereto, reserving always the aforesaid particular assignments given to the said regiments of horse and dragoons above-mentioned for one month's pay to them and the sum of 140,000 merks Scots for transporting the forces from Ireland, with the said sums assigned to Lieutenant General David Leslie and Major Middleton and the aforesaid sum indebted to the earl of Leven, lord general, which sums so reserved are first to be paid to the regiments and persons above-named, to whom the same are due in manner above-mentioned. And the estates do hereby establish and put the said Sir William Dick in the full right, title and place of the aforesaid just and equal third part of all fines, forfeitures and penalties of acts for breaking good behaviour to be received, uplifted and intromitted with by him (with reservation aforesaid) until he be completely paid of the aforesaid sum of 500,000 merks Scots. With power to him and his factors for his use to uplift and receive the just and equal third part of all the said fines, forfeitures and penalties of acts and to call and pursue therefore and to give discharges thereupon with reservation as above, which discharges shall be as valid to the receivers as if the same were granted by the parliament and their committees or by [Sir Adam Hepburn of Humbie], commissary-general, and his deputes, and ordain the said Sir William Dick to be accountable for whatsoever sums he or his factors shall receive by virtue of this act or by virtue of his former rights, precepts or warrants. Likewise the estates by this act assign to the said Sir William Dick the decreets already given for the fines, forfeitures and penalties of acts so far as concerns the third part of the same, and ordain the just and equal third part of the fines, forfeitures and penalties of acts to be decreed hereafter to be ordained by the same decreets to be paid to the said Sir William Dick, with reservation always of the assignment and sums before reserved. And the estates hereby discharge the commissary-general and his deputes, or any other persons whatsoever, to collect and intromit with any part of the aforesaid third of any of the forfeitures, fines and penalties of acts above-specified, reserving always as above. And likewise the estates of parliament grant hereby warrant to the auditors of the common burdens and their clerk for making the said Sir William Dick's accounts since Lammas [1 August] 1643, and also ordain a letter of recommendation to be written from the parliament of this kingdom and subscribed by [John Lindsay, earl of Crawford Lindsay], president of parliament, to the parliament of England in favour of Sir William Dick for payment to him of £10,000 or £12,000 sterling to account either of the brotherly assistance due by the parliament of England to this kingdom and formerly assigned to Sir William Dick, or else to an account of his own proper monies due by the parliament of England to him for the service of his ship, together with another letter to the Scottish commissioners at London for their concurrence to the effect above-specified.
[1645/11/197]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that the same cause that moved the convention of estates in August 1643 and the parliament since then to appoint committees of war in the whole several shires of the kingdom for the furtherance of the service of the kingdom does not only yet remain but is further increased, therefore the estates of parliament nominate and appoint the persons respectively after-specified to be upon the committees of war of the several shires respectively underwritten, both for burgh and land, namely: for the sheriffdom of Stirling, James [Livingstone], earl of Callander, [John Stirling], laird of Herbertshire, [John Cornwall], laird of Bonhard, the laird of Dalderse, [Elphinstone], laird of Quarrel, [Sir William Bruce], laird of Stenhouse, the laird of Lantoun, [Erskine], laird of Balgonie, [Sir Archibald Stirling], laird of Garden, the laird of Leckie, [Alexander Cunningham], laird of Boquhan, [Sir James Livingstone], laird of Bancloach, [Lennox], laird of Woodhead, Robert Blair of Finnich, John Graham of Poldar, Thomas Buchanan of Boquhan, [Walter Buchanan], laird of Drumikill, the goodman of Boquharrage, Thomas Bruce [of Weltoun], late provost of Stirling, John Short, provost of Stirling, Mr John Cowan in Stirling, the lairds [Murray of Touchadam and] Polmaise and Buchannan, and seven to be the quorum. Item, for the sheriffdom of Angus, [Alexander] Maule, younger, of Panmure, Peter Young of Seaton, John Auchterlony, elder, of Guynd, John Ogilvie of Pitmuies, William Ruthven of Gairn, John Auchterlony for Arbroath, [James Arbuthnott of Arbikie]†; presbytery of Brechin: Robert Arbuthnott of Findowrie, George Symmer of Balzeordie, John Fullarton of Kinnaber, James Scott of Logie, James Guthrie of Pitforthie, James Peddie for Montrose, William Lyon for Brechin; presbytery of Forfar: Frederick Lyon of Brigton, William Graham of Claverhouse, Thomas Fotheringham of Denoon, the laird of Cossans, elder, James Pearson of Balmadies, Mr David Lindsay of Pitscandly, Mr William Clepan, Harry Maule for Melginshe, John Mill for Forfar; presbytery of Dundee: [Patrick Maxwell], laird of Tealing†, John Scrimgeour of Kirkton, Alexander Wedderburn of Kingennie, [...] Durham of Grange, Mr James Durham of Pitkerro, [...] Durham of Powrie, Mr John Fotheringham, Mr James Kid of Craigie, George Campbell of Carsegownie, Mr Alexander Wedderburn [of Blackness], Thomas Haliburton for Dundee; presbytery of Meigle: James Crichton of Ruthven, John Ogilvie of Balfour, Sir William Blair of Balgillo, John Nevay of Methie and Alexander Arbuthnott of Blackstone, [six]† to be the quorum. Item, for the sherriffdom of Wigtown, John [Kennedy], earl of Cassilis, Alexander [Stewart], earl of Galloway, [Sir James Stewart], lord Garlies, Sir Patrick Agnew of Lochnaw, Andrew Agnew, apparent heir of Lochnaw, [John Vans], laird of Barnbarroch, [William Gordon], laird of Craichlaw, [John MacCulloch], laird of Myreton, the lairds [Dunbar of] Mochrum, elder and younger, [William MacCulloch], laird of Ardwell, [Uchtred MacDowall], laird of Freuch, [Alexander MacCulloch], laird of Logan, [Gilbert Neilson], laird of Craigcaffie, [Thomas Hay], laird of Park Hay, James Ross of Balneil, Thomas Adair, provost of Stranraer, Sir Robert Adair of Kinhilt, Hugh MacDowall of Knocklash, Hugh Kennedy of Sinnes, William Kennedy of Killespie, Andrew MacDowall of Killester, younger, Francis Hay of Arivllane, James Kennedy, factor to the earl of Cassilis, Archibald Stewart of Fintalloch, Alexander Stewart, younger, of Physgill, David Dunbar of Baldoon, John Houston of Drumaston, William Maxwell of Monreith, Patrick Hannay, provost of Wigtown, Patrick Agnew of Sheuchan, Andrew MacDowall of Lesnew, William Gordon of Grange, Robert MacCulloch of Drummoral, Hugh MacDowall of Dalreagle and James MacDowall of Garthland, with power to the said persons to meet in the several divisions appointed to the earl of Cassilis and Lord Garlies according to the act of parliament in August 1644 or jointly as shall be most expedient for the public service, and to be convened by the commissioners of the shire or either of them, and appoint nine to be the quorum of either of the divisions. Item, for the sherriffdom of Clackmannan, Sir Robert Bruce, elder, of Clackmannan, Sir Charles Erskine of [Bandeath, Alva and] Cambuskenneth, Sir James Rollock, fiar of Duncrub, Sir George Morrison of Tillibody, Mr Robert Bruce of Kennet, James Hadden of Myreton, Robert Masterton of Parkmill, William Graham of Hilton, Mr William Blackburn, factor of Campbell, Thomas Rollock, sheriff depute, James Paton of Hillfoot and Sir Alexander Shaw of Sauchie, and ordain five to be a quorum. Item, for the sherriffdom of Haddington, George [Seton], earl of Winton, John [Maitland], earl of Lauderdale, [John Hamilton], earl of Haddington, [John Hay], lord Yester, [Archibald Douglas], lord Angus, [Patrick Murray], lord Elibank, [Sir Patrick Hepburn], laird of Waughton, [Sir John Hamilton], laird of Biel, [John Gibson], laird of Alderston, [Sir Patrick Cockburn], laird of Clerkington, [James Maxwell], laird of Innerwick, [Sir Adam Hepburn of] Humbie, Sir John Sinclair of Stevenston, Sir Archibald Douglas of Spott, [Francis Hepburn of] Beanston, [Mr John Hepburn of] Smeaton, Craig, [James Sydserf of] Ruchlaw, [Patrick Inglis of] Elvingston, [Sir Alexander Morrison of] Prestongrange, [Sir John Hamilton of] Preston, [James Brown of] Colstoun, [George Home of] Ford, [Patrick Whitelaw of] Whitelaw, [Patrick Congalton of] Congalton, Robert Hepburn, [John Cockburn, provost of Haddington, James Purves, bailie of Dunbar]†, Sir William Dick [of Braid], Mr John Pringle, fiar of Woodhead, [Sir William Baillie], laird of Lamington, Andrew Hamilton, Mr Alexander Hay of Baro, [...] Home, [elder]†, in North Berwick, and appoint seven to be the quorum. Item, for the sheriffdom of Berwick, the earl of Haddington, the Lord Angus, the lairds [Sir David Home of] Wedderburn, elder, and [George Home of Wedderburn], younger, Sir William Scott of Harden, [Sir William Cockburn], laird of Langton, [John Home], laird of Blackadder, the lairds [Sir Alexander Swinton of] Swinton, elder, and [Swinton of Swinton], younger, [Alexander Home], laird of Haliburton, [John Renton], laird of Lamberton, [Archibald Douglas], laird of Lumsden, John Home of Ninewells, Patrick Home of Coldingham Law, Mr George Home of Bedshiel, John Pringle, fiar of Stichill, the lairds [John Wilkie of] Foulden, elder, and [John Wilkie of Foulden], younger, Mr Harry Home of Hardrig, John Kerr in Mersington, William Home of Linthill, Alexander Home of Bassendean, Robert Dickson of Bughtrig, Harry Carmichael of Edrom, [Brown], laird of Thorndykes, James Home of Castlelaw, Mr Alexander Home of St Leonards, Sir James Nicolson of Cockburnspath, Sir Patrick Hume of Polwarth, [Sir Alexander Belsches], laird of Tofts, and Alexander Wilkieson, younger, for the burgh of Lauder, and appoint seven to be the quorum. Item, for the sherriffdom of Roxburgh, [Francis Scott], earl of Buccleuch, [William Kerr], earl of Lothian, Sir William Douglas of Cavers, [Andrew Edmonstone], laird of Ednam, Sir Andrew Kerr of Greenhead, Sir Walter Riddell of that ilk, Sir Thomas Kerr of Cavers, Archibald Douglas, fiar of Cavers, William Elliott of Stobs, John Kerr of Lochtour, Walter Scott of Goldielands, Robert Pringle of Stichill, Gideon Scott of Harden, John Rutherford of Edgerston, [Robert Langlands], laird of Langlands, Mr Gilbert Elliott of Craigend, Archibald Elliott of Falnash, John Scott of Briery Yards, Robert Kerr of Midlemestwalls, Andrew Kerr of Maisondieu, John Rutherford of Bankend, Andrew Bell of Mow, Gideon Wauchope, Mr William Moir of Otterburn, Robert Scott in Braidhaugh, Walter Riddell in Langhaugh, William Kerr in Swinside, William Kerr of Newton, John Rutherford of Capehope, [John Beirhope], laird of Beirhope and Mr John Brown for Jedburgh, and appoint seven to be the quorum. Item, for the sherriffdom of Perth, [James Murray], earl of Tullibardine, [Sir Patrick Ogilvie], laird of Inchmartine, [...] Bruce of Fingask, Sir Peter Hay of Megginch, [Patrick Kinnaird], laird of Inchture, [...] Balegerna, George Hay of Pitskelly, Knockcarrachie, [Gilbert Campbell of] Keithick, younger, [George Campbell of] Cronan, [Ramsay of] Bamff, Gordiston, the laird of Craighall, [John Blair], laird of Ardblair, William Lindsay of Kinlogie, [David Drummond], laird of Invermay, the baron of Fingask, [John Moncreiffe], laird of Easter Moncreiffe, William Moncrieff of Kintillo, [Sir William Auchinleck], laird of Balmanno, [David Carmichael], laird of Balmedie, [William Oliphant], laird of Pitlochie, [Mr Francis Hay], laird of Balhousie, [George Bruce], laird of Cultmalundie, [William Blair of] Williamston, [Patrick Murray] of Woodend, [...] of Kinkell, [Laurence Oliphant] of Gask, [...], younger, of Magiene, [Mr Patrick Murray of] Ochtertyre, Glenesk, the barons [James Stirling of] Auchyle, elder, and [James Stirling of Auchyle], younger, [John Oliphant], laird of Bachilton, Sir George Preston, Sir John Erskine of Balgonie, Archibald Mercer in Culross, James Crichton in Wester Aldie, William Hutton of Bellilisk, [Sir Thomas Ruthven], laird of Freeland, [James Mercer], laird of Aldie, Robert Arnott, provost of Perth, John Conqueror, treasurer there, Andrew Grant, bailie of Perth, and John Elder, clerk there, and appoint five to be the quorum, [and that the quorum to have power to sit east of the River Tay, between the River Tay and River Earn, or west of the River Earn for the better dispatch of the affairs of the shire, with such cautions and limitations as the estates shall think necessary, and that the said quorum sit distinctly in the said places as necessity shall require]†. Item, for the sherriffdom of Ayr, John [Campbell], earl of Loudoun, chancellor, [Alexander Montgomery], earl of Eglinton, [William Cunningham], earl of Glencairn, the earl of Cassilis, [Alan Cathcart], lord Cathcart, [John Hamilton], lord Bargany, the lairds [Sir William Cunningham of] Cunninghamhead, [John Blair of] Blair, [Sir John Crawford of] Kilbirnie, [Sir William Muir of] Rowallan, [James Chalmers of] Gadgirth, [Sir William Cochrane of] Cowdoun, [James Fullarton of] Corsbie, Collane†, [John MacIlvain of] Grimmet, [David Kennedy of] Kirkmichael, [Thomas Boyd of] Penkill, [John Whitford of] Balloch, [John Shaw of] Keirs, [Robert MacAlexander of] Corseclays, [John Eccles of] Kildonan, younger, Gilbert Kennedy in Dougarie, Adam Whitford, Fergus MacCubbin, Mr Hugh Cathcart, Galston, younger, [John Lockhart of] Barr, [Farquhar of] Gilmilnscroft, younger, Kingencleugh, Carnell, younger, Park, [Mr Adam Cunningham of] Privick, [Sir Hugh Campbell of] Cessnock, Stair, John Kennedy, provost of Ayr, Mr Robert Barclay, [William Wallace of] Faill, [John Crawford of] Craufurdland, [Cunningham of] Corshill, younger, [John Cunningham of] Baidland, [James Dunlop of] Dunlop, [William Ralston of] Ralston, [Kerr of] Kersland, Heislet, James Blair, provost of Irvine, and Adam Ritchie, bailie of Ayr, and appoint seven to be the quorum. Item, for the sherriffdom of Kincardine, [William Keith], earl Marischal, [Robert Arbuthnott], viscount of Arbuthnott, [Andrew Fraser], lord Fraser or master of Fraser, Sir Alexander Falconer of Halkerton, Sir Alexander Carnegie of Pittarrow, Alexander Straton of Lauriston, Sir Robert Graham, elder and younger, of Morphie, Sir Gilbert Ramsay of Balmain, David Ramsay, younger, of Balmain, William Rait of Hallgreen, [...] Burnett, younger, of Leys, [Alexander Strachan], laird of Thornton, younger, [Wood], laird of Balbegno, the laird of Leslie, elder, Mr David Falconer of Glenfarquhar, James Douglas of Stonypath, Patrick Falconer of Newton, Robert Keith of Whiteriggs, Patrick Livingstone of Over Benholm, Robert Douglas of Brigford, John Barclay of Johnstoun-[Barclay], Alexander Keith of Kirktonhill, Mr Alexander Burnett of Craigmill, Mr Alexander Wood of Nether Benholm, Andrew Straton of Greenleys, Arthur Straton of Snatoune, James Airds, tutor of Airds, [...] Rait of Kingcausie, and appoint seven to be the quorum. Item, for the sherriffdom of Banff, [James Ogilvy], earl of Findlater, Walter Ogilvie of Boyne, Sir Alexander Abercrombie, younger, of Birkenbog, Alexander Ogilvie of Knock, Walter Ogilvie of Ridhyith, James Ogilvie of Raggal, James Baird of Auchmedden, Robert Wilson of Brackenhills, William Lawtie in Myrehouse, Thomas Abercrombie of Skeith, George Ogilvie of Hallyards, George Lawtie in Tochieneal and Alexander Winchester, bailie of Banff, and appoint the quorum to be five. Item, for the sherriffdom of Selkirk, the earl of Buccleuch, Sir John Murray of Philiphaugh, Sir William Scott, younger, of Harden, Walter Scott of Whitslade, James Pringle of Torwoodlee, Colonel Walter Scott of Hartwoodburn, Francis Scott of Synton, William Scott of Mangerton, Thomas Scott of Todrig, James Scott of Galashiels, Robert Scott of Hartwoodmyres, Andrew Kerr of Sutherlandhall, Patrick Scott of Thirlestane, William Scott of Tushielaw, Robert Scott of Bowhill, Andrew Scott of Broadmeadows, Archibald Scott of Middlestead, Archibald Scott† of Philhope, James Murray of Deuchar and Thomas Scott, burgess of Selkirk, and appoint seven to be the quorum. Item, for the sherriffdom of Dumfries and stewartry of Annandale, [Gavin Dalzell], earl of Carnwath, [Sir Robert Grierson], laird of Lag, William Douglas of Kelhead, Mr George Douglas of Pinwherrie, Sir John Grierson, Robert Kirkpatrick of Closeburn, John Crichton of Crawfordston, Robert Ferguson of Craigdarroch, Thomas Ferguson of Caitloch, John Laurie of Maxwelton, John Wilson of Croglin, James Grierson of Dalgonar, James Kirkco, younger, of Sundaywell, John Dalrymple of Waterside, Archibald Johnston of Clauchrie, John Douglas of Stonehouse, Andrew Cunningham of Snade for Annandale, [Alexander Jardine], laird of Applegarth, James Douglas of Mouswald, Archibald Douglas of Dornock, John Johnston of Wamphray, Francis Scott of Carterton, Matthew Wilson in Greenhill, William Jardine of Balgray, James Steel in Brieryhill, William Irvine of Cleuchhead, John Irvine, provost of Dumfries, John Johnston, bailie there, and appoint the quorum to be seven. Item, for the sherriffdom of Edinburgh principall, the earl of Buccleuch, the earl of Haddington, the earl of Lothian, the earl of Lauderdale, [William Ramsay], earl of Dalhousie, [John Borthwick], lord Borthwick, [Robert Ross], lord Ross, [John Elphinstone], lord Balmerino, [George Forrester], lord Forrester, the master of Balmerino, Sir Archibald Johnston of Wariston, Sir James Foulis of Colinton, Sir James Dundas of Arniston, Sir John Cooper of Gogar, Sir Patrick Hamilton of [Little] Preston, Sir William Scott of Clerkington, Sir William Nisbet of Dean, Sir John Wauchope of Niddrie-[Marischal], Sir William Dick of Braid, Mr George Winram of Liberton, Alexander Inglis of Ingliston, Gilbert Kirkwood of Pilrig, George Foulis of Ravelston, Mr Adam Cunningham of Woodhall, Mr John Inglis of Cramond, John Nicolson of Polton, Mark Carse of Cockpen, James Boyd of Temple, James Murray, [...] Dobie of Staniehill, William Fairlie of Bruntsfield, William Douglas of Gogar, [...] Somerville of Drum, Mr William Little of Liberton, Mr Laurence Scott of Bavelaw, Mr James Scott of Bonnytoun, William Murray of Hermiston, Mr Samuel Johnston [of Sciennes], David MacCulloch, [William Drummond], laird of Riccarton, Alexander Hay of Ravelrig, John Gibson of Alderston, Patrick Ellis of Southside, Sir John Hope of Craighall, [...] Hay of Muntoune, Andrew Hamilton, younger, of Redhall, Thomas Kincaid of Wariston, [George Preston], laird of Craigmillar, James Roughead, James Stewart, John Pearson, Laurence Henderson, bailies of Edinburgh, Mr John Skene and Thomas Paterson, and ordain nine to be the quorum. Item, for the sherriffdom of Fife, [John Lindsay], earl of Crawford Lindsay, [Charles Seton], earl of Dunfermline, the earl of Dalhousie, [John Wemyss], earl of Wemyss, [David Wemyss], lord Elcho, [Robert Balfour], lord [Balfour of] Burleigh, [Alexander Lindsay], lord Balcarres, Sir Alexander Gibson of Durie, clerk register, [Arthur Erskine of] Scotscraig, the laird of Lundin, elder or younger, [Sir Michael Arnott], laird of Arnott, elder or younger, [David Beaton of] Creich, [Robert Forbes of] Rires, [Mr Robert Aytoun of] Inchdairnie, Forthar, elder or younger, [Sir Thomas Myreton of] Cambo, Craighall, [Sir James Arnott of] Fernie, elder or younger, Balmule, [Robert Paterson of] Dunmore, Sir James Halkett, [fiar of Pitfirrane], [Sir Michael Balfour of] Denmilne or his son, [Sir John Wemyss of] Bogie, [Sir William Douglas of] Kirkness, [William Monteith of] Randieford, [Sir William Scott of] Ardross, [George Hay of] Naughton, younger, St Monans, [John Preston of] Airdrie, elder or younger, [John Seaton of] Lafreis, younger, [Sir David Barclay of] Cullernie, Sir James Scott [of Tarvit]†, Sir John Erskine, Fingask, [Patrick Guthrie of] Auchmuty, [David Balfour of] Ballo, [Sir Robert Colville of] Cleish, [William Halliday of] Tullibole, [David MacGill of] Rankeilour [MacGill]†, younger, Earlshaugh, Balfour, elder or younger, Sir George Hamilton [of Blackburn], [John Cunningham of] Barns, [Sir Andrew Skene of] Hallyards, Camuchie, Mr Alexander Colville, Rossie, [Sir James Moneypenny of] Pitmilly, Kirkforthar, Kinglass, Randerston, Balcomie, younger, Sir James Melville [of Burntisland], Sir Henry Wardlaw, Sir John Carstairs, John Lepar, provost, or James Robertson, bailie for St Andrews, George Jamieson or David Robertson, elder, for Cupar, Robert White [of Pourain] or John Collier for Kirkcaldy, David Simpson for Dysart, Captain Alexander or John Alexander for Anstruther Easter, Andrew Richardson for Anstruther Wester, Walter or James Airth for Pittenweem, Andrew Daw for Crail, George Gardyne or Thomas Gourlay for Burntisland, James Reid or Peter Walker for Dunfermline, James Robeson or William Kay for Kinghorn, Mark Kinglassie or Andrew Dickson for Inverkeithing, [Andrew Howieson for Kilrenny]†, and appoint nine to be the quorum. Item, for the sherriffdom of Lanark, [William Hamilton], earl of Lanark, the earl of Carnwath, Sir William Baillie of Lamington, Sir James Lockhart of Lee, Sir William Carmichael [of Hyndford], Sir William Lockhart [of Carstairs], Gavin Hamilton of Raploch, Robert Hamilton of Torrance, John Hamilton of Gilkerscleugh, James Winram of Wiston, Alexander Menzies of Culter Allers, John Hamilton of Udston, James Hamilton of Halcraig, James Cunningham of Bonnyton, George Lockhart of Tarbrax, James Cunningham of Cobblehaugh, George Weir of Harwood, Robert Denholm of Westshield, William Baillie of Hardington, William Hamilton of Dalserf, Quentin Hamilton of Barncleugh, Robert Baillie of Jerviston, James Hamilton of Bogs, William Hamilton of Mains, the provost and bailies of Glasgow, the bailies of Lanark, and there is added [Archibald Douglas], lord Angus, the Lord Bargany, Mr John Carmichael and Mr John Chiesley [of Kersewell], and ordain those of the upper ward to be divided from those of the nether ward, unless where it concerns the whole shire, and then they meet altogether at Lanark or Hamilton, and appoint seven to be the quorum. Item, for the sherriffdom of Renfrew, the earl of Eglinton, the earl of Glencairn, [Sir Ludovic Houston], laird of Houston, [Sir Patrick Maxwell], laird of Newark, [Cunningham], laird of Craigends, [William Semple], laird of Fulwood, [Sir William Cochrane], laird of Cowdoun, [Sir John Crawford], laird of Kilbirnie, [Patrick Fleming], laird of Barochan, the goodman of Duchal, [William Caldwell of that ilk], goodman of Caldwell, [William Ralston], laird of Ralston, Mr James Montgomery of Wetlands, Robert Hall of Fulbar, William Muir of Glanderston and John Spreull, provost of Renfrew, and appoint seven to be the quorum. Item, for the stewartry of Kirkcudbright, [Robert Gordon], viscount of Kenmure, [Thomas MacLellan], lord Kirkcudbright, [Robert Maxwell of] Orchardton, [John MacKie of] Balmaghie, [William Grierson of] Bargatton, [John Fullarton of] Carleton, [Alexander Lennox of] Calie, [Alexander Gordon of] Earlston and his son, Mr William Gordon, [Richard Muir of] Cassencarie, [Arnott of] Barcaple, [James Telfer], laird of Harecleugh, Thomas MacLellan of Collin, John Stewart of Shambellie, Thomas Rome of Irongray, Robert Gordon of Knockbrex, Alexander Gordon of Knockgray, [John] Brown of Carsluith, William Glendinning [of Gelstoun], provost of Kirkcudbright, John Corsan, bailie there, Robert Gordon of Roberton, [Sir Patrick MacKie of Larg, Colonel [...] Stewart, John Gordon of Culreoch]†, and appoint seven to be the quorum. Item, for the sheriffdom of Linlithgow, the earl of Callander, the earl of Lanark, [George Livingston], lord Livingston, the Lord Bargany, George Dundas of that ilk, Walter Dundas, younger, of that ilk, George Dundas of Duddingston, Sir Robert Drummond of Midhope, John Cornwall of Bonhard, Mr George Dundas of Manor, Sir Walter Murray of Livingston, Sir Joseph Douglas of Pumpherston, John Hamilton of Boghall, Andrew Hamilton, younger, of Redhall, Alexander Hamilton of Binning, Mr John Bruce of Wrae, William Bruce of Kincavil, Mr David Hay of Woodcockdale, Sir William Dick of Braid, Francis Durham of Duntarvie, David Dundas of Philipston, Mr James Easton, Alexander Maxwell of Dechmont, Alexander Crawford, burgess of Linlithgow, James Dawling in Queensferry, Alexander Hamilton of Parkley and Mr James Whitehead of Park, and appoint seven to be the quorum. Item, for the sherriffdom of Aberdeen, William, earl Marischal, James [Crichton], viscount of Frendraught, the Lord Fraser, [William Forbes], master of Forbes, Sir William Forbes of Craigievar, Arthur Forbes of Echt, James Skene of that ilk, Thomas Johnston of Craig, Francis Fraser of Kinmundy, Gilbert Skene of Dyce, Thomas Forbes of Waterton, John Kennedy of Kermuckes, John Forbes of Aslowan, Thomas Erskine of Pittodrie [and Balhalgardy], Sir William Forbes of Monymusk, William Forbes, younger, of Corsindae, Alexander Strachan of Glenkindie, Alexander Fraser of Philorth, Duncan Forbes of Campbell, William Forbes, younger, of Leslie, Arthur Forbes of Invernochtie, George Leslie, younger, of Kincraig, John Forbes of Knockquharn, John Leith of Whitehaugh, John Forbes of Ardmurdo, James Forbes of Cloak, William Dalgarno of Garniston, Sir Alexander Abercrombie of Birkenbog, Sir William Keith, younger, of Ludquharn, Alexander Forbes, tutor of Pitsligo, Thomas Fraser of Strachan, Walter Forbes of Tolquhon, John Forbes of Byth, John Keith of Clachriach, Patrick Leslie [of Iden], late provost of Aberdeen, Mr Robert Farquhar [of Mounie], provost there, Alexander Jaffray and Mr William Moir, late bailies thereof, and Walter Cochrane, late dean of guild of the said burgh, and appoint nine indiscriminately to be the quorum.
To the which committees of war of the several shires respectively above-mentioned, and quorums thereof respectively aforesaid, the said estates of parliament do hereby renew and grant the same commission, power and warrant contained in the printed act of the aforesaid convention of estates, dated 26 August 1643, to the ends and with the same liberties and provisions specified therein and according to the tenor thereof in all points, and ordain the aforesaid committees of war of the several shires respectively above-mentioned to meet and convene with all conveniency, and appoint those persons above-named of the several committees above-written who are commissioners for the said shires to this present session of parliament to be convenors of the aforesaid committees for the first meetings thereof and to preside in the said several committees at the same first meetings thereof, with power thereafter to the said several committees, or quorums thereof respectively above-mentioned, to nominate and choose their own several convenors to preside at their meetings as they shall find expedient, reserving power nevertheless hereof to the committee of estates of parliament, or their quorum, to alter and change the aforesaid committees of war or any of the persons above-named nominated to be upon the said committees as the committee of estates, or quorum thereof, shall think fit or find expedient. And further the estates of parliament remit to the committee of estates the settling of committees of war in the remaining several shires of the kingdom by the particular shires above-written for whom committees of war are hereby appointed in manner above-mentioned.
[1645/11/198]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that the commission for the exchequer did become void by the meetings of the estates in this session of parliament, and herewith also considering how necessary it is that the said commission be renewed for the good and dispatch of the lieges, they do hereby renew and prorogate the former commission for the exchequer granted by the estates of parliament to the persons mentioned therein in the second session of this first triennial parliament, of the date 1 February 1645, and ordain the same to stand in full force, strength and effect according to the tenor thereof in all points until the next session of this parliament and longer until the same is discharged by the parliament or committee of parliament; and in the meantime ordain such of the persons contained in the said former commission as are under suspicion to abstain from exercising their charge therein until they be cleared of the same suspicion.
[1645/11/199]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of that committee appointed by them for revising and fitting the accounts of James Stewart, bailie of Edinburgh, and James Hamilton of Bogs, with the instructions and verification thereof, they find that the said James Stewart and James Hamilton have furnished and delivered the full number and quantities of victual that they did undertake to furnish for the use of the Scottish army in Ireland, whereof some small proportion was employed for the forces within this kingdom, and that the furnishing and delivery thereof is instructed by the receipts of the commissaries and their deputes, except only a receipt of 386 bolls of meal which they are to instruct more clearly; and also find by the aforesaid report that their whole advance of victual and money, with their receipts of such money as they have got payment of, being compared, there remains due and owing to the said James Stewart and James Hamilton by the public the sum of 587,922 merks 10s 8d Scots money, according to the report subscribed by these persons upon the aforesaid committee, which sum of 587,922 merks 10s 8d the said estates of parliament find and declare to be a public debt due by the estates of the kingdom to the said James Stewart and James Hamilton and do hereby oblige the estates of the kingdom for payment of the aforesaid sum to the said James Stewart and James Hamilton, with annualrent thereof until payment of the same, and for their further security the estates ratify and approve the former acts, precepts and warrants granted to them by the estates of parliament or their committees so far as the same concerns or may be extended for their payment and security of the aforesaid sum above-written and annualrent thereof. And because the aforesaid whole sum cannot now be paid in respect of the necessities for maintaining the armies and supplying other public creditors, yet the estates of parliament, for preserving the said James Stewart and James Hamilton and their cautioners and creditors from ruin, ordain the equal half of the aforesaid sum of 587,922 merks 10s 8d due to them to be paid to them equally between them, and for this effect appoint them to be paid thereof out of the fines and forfeitures of Sir John Dalzell [of Newton], Samuel Drummond and [James Johnstone], lord Johnstone and out of the surplus of the penalty of £100,000 Scots incurred by [James Johnston], earl of Hartfell and his cautioners by contravening the act for his good behaviour, so far as that £100,000 is not assigned and decreed to be paid to [William Hamilton], earl of Lanark and his regiment and out of any further fine or forfeiture, if any be, against the earl of Hartfell; and what they shall not receive by these fines and forfeitures, ordain them to be paid thereof out of such borrowed monies as is already decreed to be lent for the use of the public and not yet paid, and out of such monies as shall be decreed to be lent for the use aforesaid by any persons of whatsoever quality within the shires of Lanark, Ayr, Renfrew, Dumfries and Galloway; without prejudice always to the assignation formerly granted to Robert Gordon and John Ferguson, burgesses of Ayr, for payment of the sums due to them by the public out of the borrowed monies of the aforesaid shires or any of them, which is declared to be unprejudiced hereby. And for the said James Stewart and James Hamilton's further assurance of the payment of the half of their whole sum above-mentioned presently ordained to be paid to them as said is, the said estates by this act assign and convey to the said James Stewart and James Hamilton equally between them the aforesaid particular fines and forfeitures above-mentioned, with the surplus of the penalty of £100,000 above-written except such thereof as is assigned and decreed to the earl of Lanark and his regiment, together with the aforesaid borrowed monies within the five shires above-designed; without prejudice as above. With power to them to pursue for and uplift the same fines, forfeitures, penalty and borrowed monies and to give discharges thereupon until they be completely paid of the equal half of the aforesaid sum above-written indebted to them and to give discharges upon their receipts, which the estates declare to be as sufficient to the receivers as if the same were granted by the parliament, committee of parliament or by [Sir Adam Hepburn of Humbie], commissary-general, and his deputes. And also the estates do hereby recommend to the committee for the monies to assign to the said James Stewart and James Hamilton equally between them a fine equivalent in quantity and quality to [Sir George Stirling], laird of Keir's fine and to ordain the same to be paid to them equally between them, seeing his fine was formerly destined to have been assigned to them but was otherwise disposed upon by the estates.
[1645/11/200]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the desire of the supplication presented to them by Colonel William Douglas of Kelhead, governor of Carlisle, craving that the former commission granted to him for levying 100 horses to attend the garrison at Carlisle might be enlarged for a squadron of horse, and that the estates would grant their approbation to the three troops already levied by him, and a new warrant for the fourth to complete the squadron, and to cause the supplicant be answered of the £500 sterling advanced by him in levying the said troops lifted by him for attending the said garrison at Carlisle, as the supplication bears; together with the opinion of the committee of dispatches anent the aforesaid supplication and desire thereof, the said estates ordain the aforesaid 100 troopers which the supplicant did lift by warrant from the committee to be framed in a troop and appoint the supplicant to be rutmaster thereof, and for his charges in levying these horses and for the other good services performed by him, the said estates do hereby give precept and warrant to [Sir Adam Hepburn of Humbie], commissary-general, and his deputes to make payment to the said Colonel William Douglas of Kelhead, governor of Carlisle, of the aforesaid sum of £500 sterling to be paid to him out of the readiest monies that can conveniently be had pertaining to the public, for the which this act shall be a warrant.
[1645/11/201]*[print] [email] [cite] [preceding] [following]
The estates of parliament give warrant and power to the committee for the processes to take such course and way for relief of the prisoners as the said committee for the processes shall think fit.
[1645/11/202]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into consideration the prejudice that the public may sustain by members of parliament leaving before parliament is dissolved, they do therefore statute and ordain that no member of parliament leave nor desert the parliament without leave asked and granted under the pains following, namely: each nobleman under the pain of 300 merks, each baron under the pain of 200 merks and each burgess under the pain of 100 merks.
[1645/11/203]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of William, earl Marischal, lord Keith and Altrie, desiring that the estates of parliament would give to him the right of superiority of his lands of Torterston and Ravenscraig, lying within the sheriffdom of [Aberdeen], and such other lands as he and his predecessors formerly held of [George Gordon], late marquis of Huntly, with all other right of the same lands competent to the estates by the forfeiture of the late marquis of Huntly, to be held by the supplicant of the king's majesty and his highness's successors in the same form and manner and as freely in all respects as the Earl Marischal and his predecessors and authors held the same of the said late marquis of Huntly; as also to give warrant to the director of the chancellery to grant and direct forth a precept for infefting the supplicant, his male heirs and assignees in the said lands of Torterston and Ravenscraig and such other lands as he formerly held of the late marquis of Huntly, to be held as above, and that the precept bears the particular designation of the said lands according to the said infeftments formerly granted thereof, as the supplication more fully bears. The said estates of parliament by this act give, grant and convey to the said William, earl Marischal, his male heirs and assignees the right of superiority of the aforesaid lands of Torterston and Ravenscraig and of such other lands as he formerly held of the said late marquis of Huntly, with all other right thereof competent or pertaining to the public and estates of this kingdom by the forfeiture of George, sometime marquis of Huntly, superior to the supplicant of the same lands, to be held of the king's majesty and his highness's successors in the same form and manner of holding and as freely in all respects as the Earl Marischal or any of his predecessors and authors held the same of the said late marquis of Huntly, and ordain the said Earl Marischal to be infeft in the same lands so held by a precept out of the chancellery to be granted to him hereupon, and for this effect the estates of parliament give hereby warrant and command the director of his highness's chancellery to grant, give out, subscribe and deliver a precept for infefting the said William, earl Marischal, his male heirs and assignees in the said lands of Torterston and Ravenscraig and such other lands as he formerly held of the late marquis of Huntly, with the pertinents, to be held of our sovereign lord and his highness's successors in the same form and manner of holding and as freely in all respects as he or any of his predecessors and authors held the same of the late marquis of Huntly, and ordain the said precept to bear the particular designation of the said lands according to the infeftments formerly granted thereof and with the same tenendas and reddendo contained therein. Likewise the estates hereby dispense with all other solemnities and formalities requisite relating thereto, and ordain the said Earl Marischal, supplicant, to give satisfaction to the creditors of the late marquis of Huntly at the sight of the committee of estates, according to the act of parliament made relating thereto. Anent the which premises the estates declare this act to be a sufficient warrant.
[1645/11/204]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the desire motioned in parliament for appointing a sheriff of the sheriffdom of Selkirk for the year 1646 and that the lieges be not prejudiced through want of a sheriff, they do hereby nominate, elect and appoint [...] Pringle of Torwoodlee to be sheriff of the sheriffdom of Selkirk for this year 1646 and make and constitute him sheriff of that shire for the said year, to whom the estates of parliament by this act give and grant full power and commission to exercise and discharge the said office and place of sheriff of the said sheriffdom of Selkirk in administration of justice to the lieges, causing public orders be obeyed and in doing every other thing incumbent to the place and office of the sheriffdom of Selkirk within the whole bounds and jurisdiction thereof during the space aforesaid likewise and as freely in all respects as any sheriff of that shire did or might lawfully do in any time bygone. Likewise the estates of parliament give and grant to the said [...] Pringle of Torwoodlee as sheriff of Selkirk all power, privilege, liberty, immunity and other casualties whatsoever pertaining and due or competent to the said place and office and sheriff of Selkirk during the space above-mentioned, to be peaceably held, exercised, possessed and uplifted by him as sheriff during the said space, with power to the said [...] Pringle of Torwoodlee to nominate, elect and choose his own deputes, for whom he shall be answerable, for his help and assistance in the administration of justice to the lieges and discharge of the aforesaid office and charge of being sheriff of the said sheriffdom of Selkirk during the space above-written likewise and as freely in all respects as any other sheriff principal of the said shire did or might have done in any time bygone, for the which this act shall be a sufficient warrant.
[1645/11/205]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the desires of some presented to them, craving warrant to fortify their houses for keeping out thereof against the rebels and enemies of the kingdom, they do hereby give warrant to [Sir Alexander Gibson of Durie], lord register, to give out and extract acts to any who are well affected and are for the service and safety of the country and who shall give in the names of their houses craved by them to be fortified for fortifying the same houses and keeping out thereof against the rebels and enemies of the kingdom and for the good of the cause in hand, safety and service of the country, notwithstanding of any former acts of parliament prohibiting the fortifying of houses, with the which the estates of parliament hereby dispense to the effect aforesaid. Anent the which premises the estates declare this act shall be a sufficient warrant.