On the fiftieth day of parliament
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Prayers said, rolls called.
The estates of parliament, having heard and considered the report of that committee appointed by them for considering the accounts of the monies due to Mr Robert Farquhar, provost of Aberdeen, by the public and for condescending upon some means and ways for his satisfaction, they find that there is indebted and due to him the sum of £133,102 11s 8d Scots money to have been paid at Whitsunday [21 May] 1643, according to an act of the committee of estates granted to him for payment thereof; as also that there is due to the said Mr Robert Farquhar, for bygone annualrents of the sum above-mentioned, the sum of £26,620 10s at Martinmas [11 November] 1645; and herewith also considering the said Mr Robert Farquhar's sufferings and present necessity, and that in his accounts with the public the meal furnished by him was at the rate of £4 and £4 3s 4d the boll, and £6 was allowed to others for the same amount of meal; and that likewise he having brought his monies which were formerly assigned to him by the estates from London to Burntisland, the committee of estates, in their urgent necessity, took the same monies from him; the said estates find and declare the aforesaid principal sum and annualrent above-mentioned to be a public debt due by the estates of the kingdom to the said Mr Robert Farquhar, and do hereby oblige the estates of the kingdom for payment to him of the same sums with annualrent thereof until the payment thereof. And in respect of the premises and of the said Mr Robert Farquhar's urgent necessity, the said estates ordain the aforesaid sum of £26,620 10s, which is the bygone annualrent of the greater sum above-mentioned, together with the equal half of the aforesaid greater sum of £133,102 11s 8d, due to the said Mr Robert Farquhar of principal sum in manner aforesaid, to be paid to the said Mr Robert Farquhar, allowing to him in the first end of the same half the 20,000 merks contained in the precept drawn upon the treasurer of the army for payment of that sum to him. And for his better payment thereof, they do hereby assign to the said Mr Robert Farquhar a just and equal third of the whole fines and forfeitures which shall happen to be received from the delinquents and malignants north of the River Tay, and the half of the whole borrowed monies already decreed to be lent and not yet paid and that shall be ordained to be lent for the use of the public by any persons of whatsoever quality north of the River Tay until the said Mr Robert Farquhar be paid of the aforesaid sum of £26,620 10s of bygone annualrent and of the equal half of the principal sum above-mentioned, allowing in that half the precept of 20,000 merks above-specified. With power to the said Mr Robert Farquhar to pursue for and uplift the aforesaid just third of the said fines and forfeitures and equal half of the borrowed money within the bounds aforesaid and to give discharges thereupon, 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 until the said Mr Robert Farquhar be completely paid of the aforesaid sums now ordained to be paid to him. Which sums the said Mr Robert Farquhar, being personally present, declared he should employ of new again for the use of the public. And the estates declare that this act, with the assignation above-written, is always without prejudice to Sir William Dick [of Braid] anent the acts made in his favour for his payment of the sums contained therein; as also without prejudice of the whole former assignations of the said fines, forfeitures and borrowed monies.
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The estates of parliament, having heard and considered the supplication of George Jamieson, provost of Cupar, desiring payment of the sum of £40,000 Scots due to him by the public and contained in a fitted account subscribed by [Sir Adam Hepburn of] Humbie, treasurer of the armies, or of some part of the same sum for supply of his present necessities and payment of his most urging creditors, as the supplication more fully bears, they do hereby give, grant and convey to the said George Jamieson, supplicant, the fines and monies to be lent within the sheriffdom of Fife until he be paid of the equal half of the aforesaid sum of £40,000 due to him, without prejudice of the former assignations of the said fines and lent monies within the sheriffdom of Fife, and to the said Sir William Dick [of Braid] of his act and right to the same fines and lent monies, which the estates declare is reserved and unprejudiced hereby. And also the estates do hereby seriously recommend the said George Jamieson, supplicant, to the committee for the monies to make up to him payment of the aforesaid total sum of £40,000 above-written so far as the fines and lent money in Fife (with reservation aforesaid) will not completely pay him, and to take such effectual course for his payment relating thereto as the committee shall think fit, that he be not frustrated and delayed of payment.
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The estates of parliament, having heard and considered the desire of the supplication craving that John Hepburn of East Craig, collector of the monthly maintenance within the sheriffdom of East Lothian, be ordained to subscribe and deliver to the earl a full discharge of the last six months' maintenance due by the earl according to the proportion of the first three months' maintenance, seeing he has received payment of the last six months at the proportion of the first three, as the supplication bears, they, upon 2 January last, gave warrant for citation of the said John Hepburn to have compeared and answered to the aforesaid desire, who was accordingly summoned, personally apprehended by a messenger of arms to have compeared before the parliament or committee thereof on 14 January last, as the warrant for citation and execution thereof also bears. Which being called before the committee for the bills, the said John Hepburn of East Craig compeared not, whereupon that committee, having taken the aforesaid supplication and desire thereof with what was produced by the earl of Winton for instructing the same into their consideration, they made report thereof to the parliament, which, with the premises aforesaid, being considered by the estates of parliament, the said estates decree and ordain the said John Hepburn of East Craig, collector of the monthly maintenance within the sheriffdom of East Lothian, to subscribe and deliver to the said George, earl of Winton a total and full discharge upon the payment of the last six months' maintenance which was due by the earl of Winton to the public and whereof the collector has received payment, according to the proportion of the sum paid by the earl to him of the first three months' maintenance of the nine months granted by the estates in the second session of this parliament and in the fourth session thereof at Perth respectively, because the collector was lawfully summoned to the effect above-specified and compeared not. Likewise the earl produced to the estates a discharge of the first three months' maintenance, with a ticket of receipt by the said John Hepburn, bearing the receipt of the sum specified therein in part payment of the last six months' maintenance; which sum completes the earl's monthly maintenance for the six months at the rate and proportion of the sum contained in the discharge of the former three months, and ordain letters to be directed hereupon, if need be, in the appropriate form.
[1645/11/209]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the fifth session of this first triennial parliament, taking into their serious consideration how necessary it is for the good of the kingdom and for the right and more orderly regulating of the matter of monies and public accounts, debts and burdens thereof and for bringing in of monies and other provision and distributing the same for maintenance and support of the armies and garrisons within the kingdom, that a select committee be nominated, authorised and appointed by them for that effect, therefore the said estates of parliament hereby nominate, authorise and appoint the persons following, namely: William [Keith], earl Marischal, John [Kennedy], earl of Cassilis, James [Murray], earl of Tullibardine, James [Ogilvy], earl of Findlater, [Robert Arbuthnott], viscount of Arbuthnott, Robert [Balfour], lord [Balfour of] Burleigh and James [Elphinstone], lord Coupar for the noblemen; Sir John Hope of Craighall, knight, one of the lords of session, [Sir John] Wemyss of Bogie, Sir William Cochrane of Cowdoun, Sir William Forbes of Craigievar, Mr George Dundas of Manor, Arthur Forbes of Echt and [Robert] Arbuthnott of Findowrie for the barons; James Stewart, bailie, merchant burgess of Edinburgh, George Gardyne, merchant burgess of Burntisland, and Alexander Jaffray, merchant burgess of Aberdeen, George Jamieson, provost of Cupar, Mr James Campbell, burgess of Dumbarton, James Peddie, burgess of Montrose, and Robert Lockhart, merchant burgess of Edinburgh, and Sir Adam Hepburn of Humbie, treasurer of the armies, to whom or quorums respectively after-mentioned the estates of parliament grant hereby full power and commission to prosecute the ways and means already laid down for bringing in of monies for the use and maintenance of the armies and garrisons within this kingdom, and for this effect the estates prorogate the power for borrowing of monies for the use aforesaid to the next session of this present parliament, and hereby restrict the power of the aforesaid committee and quorum thereof anent the borrowing of money in time coming during the said space to be ruled and limited as follows, namely: that they shall not borrow from any person any sum above that which the committee or quorum thereof shall find to be the half of one year's free rent pertaining to that person from whom the monies are to be borrowed, nor above the twenty part of the stock in money or moveables or both, which the committee or quorum aforesaid shall find to be the stock of that person or persons from whom the money is to be borrowed. Secondly, that there shall be no borrowing from any who have already lent and is not repaid. Thirdly, that those to whom any considerable sum of money is indebted by the public shall not be troubled with lending of money to the public. Fourthly, that those who are actually employed in the service of the several armies shall not be troubled with lending of monies to the public for the use aforesaid. Fifthly, that those whose estate shall not be found by the committee or quorum thereof to be in land rent or otherwise worth 500 merks Scots yearly of free rent, as also those whose stock in money or moveable goods shall not be found to be worth 5,000 merks Scots, shall not be troubled nor urged to lend monies for the use of the public. And the estates recommend to the aforesaid committee and quorum thereof to have a special regard in the borrowing of money for the cause above-specified in manner before prescribed to the affection and former carriage of the persons or parties from whom it is to be borrowed and to their sufferings, their burden and way of living and what charge of children they have; and ordain the said committee and their quorum to have a special care for the dispatch of all persons and parties that shall be convened or cited before them for lending of monies that they be not delayed after their appearance for obedience of the citation given to them for lending of money, and that none be cited to the effect aforesaid but by warrant passed in the presence of the committee or quorum thereof. As also the estates grant power to the committee or quorum thereof to call for payment of all bygone sums already decreed to be lent and not yet paid, and to grant and subscribe public acts and securities for any sums already decreed or to be decreed to be lent for the use of the public in manner before prescribed, which acts and securities to be granted and subscribed by the said committee or their quorum respectively the estates declare to be valid and sufficient to the receivers for repayment of the sums to be lent by them. And likewise the said estates do hereby nominate and appoint the persons above-named to be commissioners for the excise, and grant power and warrant to them, or their quorum aforesaid, or such of their number as they shall substitute and appoint, to govern the office of excise and appoint collectors, surveyors and other under-officers, and set down such acts and ordinances as shall be necessary and expedient for the speedy uplifting and gathering in of the said excise, and to do every other thing necessary and requisite for that effect, according to the act of parliament in July 1644 concerning the commission and ratification anent the aforesaid excise and according to the act of parliament made on 31 January 1645 anent the said excise and collecting thereof, and to prosecute the ways and acts already set down anent the said excise as they shall think fit. And likewise the said estates by this act do give power to the committee or quorum thereof to try, examine, process and sentence or to issue out summons or commissions for all just and legal trial according to the laws and practice of the kingdom against all malignants except such as the committee of estates and this committee, with mutual consent of the quorums of both at the least, shall find fit to process to death. With power likewise to the committee or quorum thereof to impose fines upon the said malignants according to their several degrees or classes of delinquency according to the rules and appointment of the act of parliament made relating thereto in this present session of parliament, and likewise with power to the committee or their quorum to set in tack or sell the delinquents' lands or moveables and to uplift the sums of money due to those who are forfeited or shall be forfeited and who are fined or shall be fined and does not pay the same, and to do all other things contained in the act of parliament of this present session made anent real and personal execution. With power to the committee or their quorum upon the supplication of any delinquent after payment of three parts of his fine to mitigate the fourth part thereof where the annualrent of his debt exceeds the third part of his rent, according to that article of the act of classes set down relating thereto; as also with power to imprison any accused for delinquency and to liberate them out of prison if the committee or their quorum shall find them not to be guilty, and to give warrant to officers for transporting those who are in prison from one prison to another, with power likewise to the committee or their quorum to fill the vacant places of such delinquents as are in places and offices within this kingdom and shall be found to lose the same, according to the act of classes. With power in the same manner to the committee or their quorum to give order and warrant to the general officers to muster the forces of the kingdom as the said committee or quorum aforesaid shall think fit, that equal payment may be made to officers and soldiers; and also grant power to the said committee or their quorum to convene and pursue those who have bought or received plundered goods, and after trial to do as they shall think fit. With power also to the committee or quorum aforesaid to settle in grosses for the excise of tobacco bygone and to come. With power also to the said committee or quorum to provide for the subsistence of lame soldiers in the public service, necessitous persons, widows and children whose fathers and husbands were killed in the service of the public. And the estates ordain and appoint the said committee or their quorum to advise with the committee of estates what further personal punishment shall be inflicted by confinement, banishment or imprisonment after payment of the fines in manner prescribed in the act of classes. And in the same manner with power to the committee or their quorum to assist the collector general in calling in the monthly maintenance imposed upon the several shires and burghs of this kingdom for maintenance of the armies, according to the act passed in this present session of parliament concerning the said maintenance, and to call in the accounts of the rents, sums, goods and other belonging to all malignants and forfeited persons, together with all other accounts concerning the public, and to close, allow, check or disallow thereof as they shall find the same just and reasonable; and to give commissions for uplifting and intromitting therewith, and to take security for the same. And with power to them to examine and recall all commissions formerly granted for uplifting and intromitting with any of the said rents, sums, goods and others aforesaid such as the committee or quorum thereof shall think fit, except the commission or factory granted to [Archibald Campbell], marquis of Argyll of the lands and barony of Mugdock and others contained therein, and likewise excepting the commission granted to Sir William Forbes of Craigievar until he be liberated or satisfied of such sums as he has given bond for by virtue thereof; as also and until he be satisfied of such sums as are resting owing to himself and which he shall instruct to the commissioners or their quorum to be clearly owing to him, with the commissions granted to the earls Marischal and Findlater and other commissions granted in this session of parliament. And in the same manner with power to the committee or their quorum to call for payment and account of all receipts and debts indebted and due by any person whatsoever to the public. With power also to the committee or their quorum to convene before them any persons who have been deficient in any public dues, and after clear trial and probation thereof to uplift and exact from these persons the penalties contained in the acts of parliament, convention of estates or their committees; without prejudice of the act made in this session of parliament in favour of the officers of the armies anent their exacting of the penalties against the harbourers of runaways by the officers. With power likewise to the committee or their quorum to find and declare what lands are burnt and wasted either by the enemy or by the forces of the kingdom or the plague and so should be free of maintenance, and to consider, grant and discuss the reasons of suspension anent the payment of the maintenance upon instructed accounts of quarterings or other reasons expressed in the act of maintenance, and to receive in the reports of wasted and burnt lands and other losses by sea or land, and to consider who are utterly ruined by the enemy and stand in need of maintenance for their present subsistence, and, with the maintenance of the armies, to distribute to these out of the remainder of the public dues or by disposing some part of forfeited lands what shall be thought necessary for their subsistence. And likewise with power to the said committee or quorum thereof to grant and direct such orders, letters and execution as shall be necessary for bringing in the said monies, accounts, receipts, rents and other goods aforesaid belonging to the public, and to pronounce decreets and sentences relating thereto and cause put the same to execution, and to reduce the whole debts and accounts of the kingdom in such order as the burdens of the public may be known. And for the better clearing of the said public accounts and debts of the kingdom, with power to the aforenamed persons or their quorums aforesaid to call for inspection of the registers, records and warrants of parliament and of all other committees to the effect that all accounts, acts, bonds, balances and receipts may be exactly extracted forth thereof and the persons liable therein may be made accountable for the same. Likewise the said estates of parliament hereby commit and instruct to the aforesaid committee the sole and only power of disposing and distributing of all monies which shall come in and be due to the public, together with the whole rents and duties of lands, sums of money, moveables and others belonging to malignants and forfeited persons, with all fines and prices of forfeited lands and others whatsoever pertaining to the public, and to employ the same in the first place for the maintenance and support of the armies within the kingdom and subsistence of those who shall be found utterly ruined in manner after-mentioned. And for that effect grant to them the sole and only power to give out and subscribe precepts for the pay and maintenance of the armies and satisfying any persons of such sums as are or shall be appointed by parliament or committee of parliament for taking or killing of any person in the rebellion and for intelligence posts, buying of arms, ammunition, the train of artillery carriages and such other pressing and urging affairs as concerns the equipping, expedition and maintenance of the armies only; and ordain every precept to be subscribed by a full quorum of the committee at the least, which persons as subscribers thereof shall be answerable to the parliament that they subscribe no precepts but for the causes aforesaid until the affairs and maintenance of the armies be first dispatched and satisfied (except where there is assignments for one month's pay to the regiments that come from England, and if the same fail, with power to the said committee to make the same otherwise up, and where the assignment exceeds one month's pay, that the surplus accrues to the estate); for which if the said committee contravenes and fails, the said estates of parliament hereby declare and ordain the subscribers of the said precepts to be liable in payment to the public of all such sums for which they shall draw precepts for any other cause until first the affairs and maintenance of the armies be satisfied. With power to the said committee in the next place to dispose and grant precepts upon borrowed monies and excise monies for other necessary uses, the army being first paid and supported; excepting always the particulars contained in the act of parliament, which are ordained to be paid out of the excise as well to burgh as land; and ordain the said committee frequently to consider the state of the public cash and what monies are therein from time to time and to draw no precepts but when there is money in the cash to satisfy and answer the same. Likewise the said estates ordain the aforesaid committee in their distribution and ordering of the payment of the monies for the armies to distribute the same equally and to take such constant course as all regiments of foot and horse be put and kept in equality, either in money, proviant or provision, according to their strength and muster rolls being mustered, as is provided in the act of maintenance. And to the effect that both officers and soldiers of the armies may know their own proportion due to them for all monies to be paid to them, it is ordained that all precepts to be directed to the said committee for that effect shall bear in conclusion what proportion of the whole sums contained in the precept is allowed to be paid to the officers and what proportion thereof to the soldiers of the regiment, troop or company for which the said precepts are granted, and where matters of difficulty or importance shall occur, the said estates of parliament ordain the committee of estates to give their advice to the aforesaid committee hereby appointed as they shall necessarily desire the same, and the said estates ordain that the clerk to be appointed by [Sir Alexander Gibson of Durie], clerk register, for this commission shall have the trust and keeping of the receipt books and of all the accounts, instructions and warrants thereof which concerns the public. And if any of the said commissioners' places shall happen to become vacant by death or otherwise, the rest of the quorum of the said committee, with advice of the committee of estates, shall have power to make choice of another of that same degree to supply the vacant places one or more. Which commissioners above-named shall at their first meetings accept this commission and give their solemn oaths for the faithful discharge of that trust hereby committed to them, and shall have power to fine such of their number as shall not give diligent attendance, and which commissioners shall be answerable to the parliament for their proceedings, fidelity and attendance in this commission, which is to endure to the next session of parliament. And because it will be expedient for the better ease of the lieges north of the River Tay that there be a select number of the aforesaid persons, commissioners above-named, appointed for ordering and regulating the matters of money, excise and public accounts and for bringing in the monies, excise, rents, fines, goods and others belonging to and payable by all malignants, forfeited persons and others within the sheriffdoms of Forfar, Kincardine, Aberdeen, Banff, Moray, Nairn, Inverness, Cromarty, Sutherland, Caithness and Orkney, both to burgh and land for these shires, and for disposing and distributing thereof for the ends and to the effect in manner before prescribed, therefore the said estates of parliament nominate and appoint William, earl Marischal, James, earl of Findlater, Robert, viscount of Arbuthnott, Sir William Forbes of Craigievar, Arthur Forbes of Echt, Robert Arbuthnott of Findowrie, Alexander Jaffray, burgess of Aberdeen, James Peddie, burgess of Montrose, and Robert Lockhart, burgess of Edinburgh, or any five of them, to reside at [...] or any other places within the aforesaid shires as they or their quorum shall think most convenient for the good of the service within the said bounds of the aforesaid particular shires above-mentioned, both to burgh and land; and the estates do hereby grant to this select committee or their quorum aforesaid the same power within the bounds aforesaid as is before contained and set down in this commission above-written in manner above-mentioned in all points; and ordain and appoint the other commissioners above-named, or any seven of them as a quorum, to be upon this commission for the whole other shires and parts of the kingdom, both to burgh and land, by the aforesaid shires of Forfar, Kincardine, Aberdeen, Banff, Moray, Nairn, Inverness, Cromarty, Sutherland, Caithness and Orkney appointed to the aforesaid select committee for the north and to reside at Edinburgh or any other place they shall think most convenient and conducible for the good of the service. And in respect that the aforesaid two committees above-mentioned are in effect both but one committee, for one and the same cause, the said estates of parliament ordain both the said committees to keep correspondence with each other, and what the committee of estates shall require for carrying on of the war and maintenance of the armies, they shall do therein as they will be answerable to the parliament upon the trust committed to them by their commission. But the estates of parliament declare that neither of the aforesaid two committees shall have power to invert or dispose upon the fines, rents, forfeitures, goods or monies allotted for the maintenance of the army to any other use whatsoever, and declare the commission above-written to be without prejudice to Sir William Dick [of Braid], James Stewart and James Hamilton of Bogs anent their assignations of borrowed monies formerly granted to them, they accepting deputations or precepts from the commissary-general for uplifting the monies contained in their assignations and giving bonds to be accountable to him, without prejudice of their assignations as said is. And it is declared that those of the committee for the north being in the south shall have power to sit with the committee there, and also those in the committee of the south being in the north to sit in the committee there.
[1645/11/210]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, now convened in the fifth session of this first triennial parliament, taking into their consideration how necessary it is that a grave committee of estates be nominated and authorised by this present parliament for ordering and governing this kingdom and affairs thereof during the time when parliament is not sitting, they do therefore nominate, appoint and authorise Alexander [Montgomery], earl of Eglinton, William [Cunningham], earl of Glencairn, Charles [Seton], earl of Dunfermline, Francis [Scott], earl of Buccleuch, William [Kerr], earl of Lothian, John [Wemyss], earl of Wemyss, William [Ramsay], earl of Dalhousie, William [Hamilton], earl of Lanark, John [Hay], lord Hay of Yester, Thomas [MacLellan], lord Kirkcudbright, Alexander [Lindsay], lord Balcarres and John [Hamilton], lord Bargany for the noblemen; John [Campbell], earl of Loudoun, high chancellor of Scotland, Alexander [Leslie], earl of Leven, lord general, John [Lindsay], earl of Crawford Lindsay, president of parliament, and James [Livingstone], earl of Callander, lieutenant general, supernumerary in this commission for the noblemen; David Beaton of Creich, Sir James Foulis of Colinton, James MacDowall of Garthland, Sir Thomas Ruthven of Freeland, Sir John Hamilton of Biel, Sir James Lockhart of Lee, Sir David Home of Wedderburn, Sir Hugh Campbell of Cessnock, Mr Alexander Belsches of Tofts, Sir Gilbert Ramsay of Balmain, Patrick Maxwell of Tealing† and Sir Thomas Kerr of Cavers for the barons; Sir Alexander Gibson of Durie, clerk register, and Sir Adam Hepburn of Humbie, treasurer of the armies, as supernumerary for the barons; Sir William Dick of Braid, burgess of Edinburgh, Archibald Sydserf, burgess there, Robert Arnott, provost of Perth, Mr Alexander Wedderburn [of Blackness], clerk of Dundee, Mr Robert Farquhar [of Mounie], burgess of Aberdeen, Thomas Bruce [of Weltoun], burgess of Stirling, George Porterfield, provost of Glasgow, John Kennedy, provost of Ayr, John Johnston, burgess of Dumfries, William Glendinning [of Gelstoun], provost of Kirkcudbright, John Auchterlony, burgess of Arbroath, and Mr Robert Cunningham, burgess of Kinghorn, for the burghs; and John Lepar, provost of St Andrews, supernumerary for the burghs. As also the estates nominate, appoint and authorise these noblemen, barons and burghs who are in the commission for England to be likewise upon this commission with the other persons of the several estates above-named, to whom (or any nine of the whole commissioners above-designed, there being two of every estate as a quorum) the said estates of parliament renew and hereby grant the same power, commission and warrant in all points, heads, clauses and conditions contained in the former commissions granted by the parliament to the committee of estates in the first and second sessions of this first triennial parliament, namely: in the act of commission of the committee of estates, 26 July 1644 and 8 March 1645 respectively, and according to the tenors of the same acts in every head and article thereof, excepting only therefrom the power and warrant contained in that commission granted by the estates in this present session of parliament of the date hereof to the persons therein nominated concerning the bringing in and distributing of monies, the office of excise, the fining of delinquents, the losses of the kingdom and the regulating of the public accounts and burdens thereof, according to the commission granted relating thereto, which is hereby reserved in the full force and power thereof to the persons and for the ends specified therein unprejudiced hereby. And because it is necessary that there be a committee appointed to attend the Scottish army in England and another to attend the Scottish army in Ireland, therefore the estates of parliament do hereby nominate and appoint Charles, earl of Dunfermline, William, earl of Lothian, Alexander, lord Balcarres, Sir David Home of Wedderburn, Sir Thomas Ruthven of Freeland, Sir Thomas Kerr of Cavers, William Glendinning, provost of Kirkcudbright, John Johnston, burgess of Dumfries, and John Auchterlony, burgess of Arbroath, to be a committee to attend the aforesaid army in England, and appoint the quorum thereof to be without distinction, three of the whole. As also nominate and appoint William, earl of Glencairn, Thomas, lord Kirkcudbright, General Major Munro, James MacDowall of Garthland, Patrick Maxwell of Tealing, George Porterfield, provost of Glasgow, and John Kennedy, provost of Ayr, to be a committee to be with the Scottish army in Ireland, and the estates appoint the quorum of their committee to be indiscriminate, namely: any three of the whole of that committee. And likewise grant power to the committee of estates or quorum thereof to appoint some of their own number or other as they shall think fit as a committee to attend the army in Scotland if they shall find it necessary, and to appoint the quorum thereof, and to give to them such power and instructions as they shall find requisite and expedient. With power likewise to the committee of estates or quorum thereof to give instructions to the said committees appointed for the Scottish armies in England and Ireland as the said committee or their quorum shall think expedient. Item, the estates of parliament appoint and ordain that seven of every estate of the committee of estates above-named shall constantly reside in Scotland for the ordering of the affairs thereof, and the quorum to be nine as said is, two being for every estate. As also ordain the quorum of the said commissioners at the parliament of England for Scotland to be indiscriminate, namely: three of the whole number, consisting of four noblemen, three barons and three burghs contained in the commission formerly granted, which the estates hereby ratify, and ordain these commissioners and the others upon the committees appointed for the Scottish armies in England and Ireland and every one of them to have place and voice in this committee of estates as they shall happen to be present. With power also to the said committee of estates or quorum thereof or any other whom they shall appoint to treat with such of the rebels as they shall think fit for reclaiming them to their due obedience, and for that effect to give full pardon, remission and discharge to such as they shall think fit who are now in the rebellion and will quit the same and live in time coming as becomes dutiful and loyal subjects of all deeds done by them in the said rebellion or in relation thereto, and to restore and reinstate them to the possession of their lands or titles of honour not disposed upon them or conferred before their reclaiming, and to give full assurance that the parliament shall at their next session rescind all decreets or sentences given against them whereby they are excluded from their honours and dignities, and grant to them an act of oblivion. As also with power to the said committee or quorum aforesaid to do everything concerning the governing and ordering of the affairs of the kingdom and anent the forfeiting and processing to death of delinquents as the said committee or their quorum shall find expedient and most useful for the good and benefit of the public, in the same manner and with the same power and authority as the parliament might do if they were sitting. Without prejudice always of the aforesaid commission for the monies, which is hereby reserved as above, the said committee of estates being answerable to the parliament for their proceedings. And further the estates declare that the whole general officers of the armies are hereby privileged to be present in the aforesaid committee as they shall have occasion, and ordain this commission to endure to the next session of parliament.
[1645/11/211]*[print] [email] [cite] [preceding] [following]
Forasmuch as [John Lindsay], earl of Crawford Lindsay and the lairds [David Beaton of] Creich and [Sir John Wemyss of] Bogie have undertaken in parliament to provide and borrow presently upon their own private surety £500 sterling to be sent to the forces that are on foot in Argyll for the service of the country, officers and soldiers thereof, for their encouragement to go on in the service and for encouraging others thereto; and also that [James Murray], earl of Tullibardine and the lairds [Sir Thomas Ruthven of] Freeland and [James Mercer of] Aldie have also undertaken in parliament to cause presently lay in within Perth for the use of the public service and present supply of these forces the number of 1,000 bolls of decent oatmeal, or so much more as they can find for the present at such prices as meal presently gives in the country, therefore the estates of parliament do hereby give express warrant and command to the committee for the monies to make payment to the earl of Crawford and the lairds of Creich and Bogie of the aforesaid sum of £500 sterling, with the annualrent thereof from the time of borrowing of the same to the repayment thereof, and also to make payment to the earl of Tullibardine and the lairds of Freeland and Aldie of the prices of the aforesaid 1,000 bolls of meal and such further quantity of meal as they shall lay in in the town of Perth for the use aforesaid at the rate that the same meal now gives in the country, and this money and prices of victual to be paid out of the first months of the eight months' maintenance now granted or any fines or other public monies that comes to their hands not in any other way assigned, for the which this act shall be a warrant.
[1645/11/212]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, taking into their consideration that the persons nominated by them to be upon the committee of estates for ordering and governing of this kingdom and affairs thereof and the other appointed by them for bringing in and distributing monies and regulating the accounts of the common burdens of the kingdom will be subject to attendance for discharge of the trust respectively thereby committed to them to their prejudice in their own private affairs and business, therefore the estates of parliament grant the allowance following to the said commissioners for their attendance upon every one of the said two several committees above-specified the time of that sederunts in the said service, namely: to each nobleman monthly 300 merks Scots, each baron monthly 200 merks Scots and to each commissioner for burghs 133 merks 4s 4d Scots monthly for their charges in attendance upon the said committees during the time of their attendance and sederunts therein. And likewise the said estates allow to those that are upon the committee of the army in England and upon the committee for the army in Ireland and who shall attend the same committees respectively the sum of 30s sterling for each nobleman, 20s sterling for each baron and 13s 4d sterling for each burgess that are to be upon the said committees respectively for their charges and expenses each day of their attendance in England or Ireland, and ordain this allowance aforesaid to be accounted up to those officers of the army that are upon these committees in their monthly pay as a part thereof. And likewise the said estates grant the same allowance to those commissioners that are upon the former commission for the monies for their bygone attendance in that commission according to their sederunts as is hereby granted to the commissioners that are either upon the committee of estates or committees for the monies. And further the estates of parliament, considering that William Thomson, depute to the treasurer of the army, and others, his deputes, will have often occasion, in respect of their charge, to be present with the aforesaid committees of estates and for the monies, therefore the estates declare that they are hereby privileged to have access to the aforesaid committees and to be present as they have occasion at every one of the said committees above-mentioned.
[1645/11/213]*[print] [email] [cite] [preceding] [following]
Forasmuch as the committee appointed by the estates of parliament, taking into their serious consideration the great and many losses and damage occasioned by the cruelty and barbarity of the rebels and the late troubles of the kingdom, and they being willing and ready that there be a uniform way through the whole kingdom for trial of the losses both by sea and land, that after the exact trial thereof course may be taken for their reparation, and for the effectuating and dispatch of the same the said estates having found it necessary and expedient that there be a particular committee appointed for the effect above-specified, and therefore the said estates by their act having given power and commission to the said committee to direct forth commissions for trial of the losses within the kingdom by sea and land and wasted and burnt lands and who are altogether disabled to pay rent, either by the enemy or our own forces, during the session of parliament, and thereafter to the committee that shall be appointed for that effect to particular shires, persons or burghs as they shall be required, that the same being tried it may be reported to the said committee that course may be accordingly taken for their reparation; as likewise to receive all reports by virtue of commissions already granted or by whatsoever commissions hereafter to be granted, and for the better clearing of the way of trial, have found that the party grieved or complaining may prove by sufficient witnesses that he had in his possession immediately before the enemy came to his ground or house such goods and gear as he condescends upon in his complaint and that the enemy being there they were taken away and destroyed by the enemy and were never seen thereafter in those places, and for the furniture and household plenishing and whatsoever other goods or others were in the plaintiffs' house, that the servant of the plaintiffs be examined upon oath as witnesses relating thereto as an adminicle of the probation, and in supplement of all the probation the parties plaintiffs to give their oaths that to their best knowledge all these goods were taken and destroyed by the enemy, as well as those on the ground as those within the house, and that this manner of probation be extended likewise to those goods and losses by sea which shall be entered by the parties owners or others having power to give up entries of ships and goods using the manner and way before prescribed as appropriate, leaving latitude after the report of the probation aforesaid to the committee to be appointed for that effect according to the vote relating thereto. And the committee aforesaid, being informed that [...] have suffered great losses by burning their houses and corns, taking away their goods and gear, wasting their lands and by their other losses occasioned by the present troubles, and the said committee being petitioned to grant a commission for the trial thereof, the lords and others of the committee aforesaid do hereby give warrant, power and commission to [...]†, or any [...] of them, the quorum being without distinction†, to take and receive the trial and probation of the said [...], their losses in manner before prescribed. With power to the commissioners or their quorum to choose a clerk and other officers and members of court needful, and to take their oaths of faithful administration, and to direct their own precepts for citation of witnesses and other parties who are interested and concerned in the business, and to fine the absents being charged, personally apprehended, in [...] money for each diet's absence, and that they take the oaths of the witnesses and parties who shall be present and whose depositions shall be admitted by them, and to do everything for trial of the said parties' losses, the cause thereof and the persons by whom the same was done, observing the order before prescribed, which manner of trial is found by the estates of parliament to be allowed in this case (with reservation always of the modification to the judge of what shall not be legally proven by writ or witnesses) notwithstanding the parties, committers of the wrongs, are not cited thereto. And this trial being taken in manner aforesaid, ordain the several parties' losses, the quantities thereof, the cause and occasion of the same, with the parties' own carriage and deservings, to be subscribed by the quorum of the said commissioners and to report the same to the committee appointed by the parliament for that effect, that they may take such course therewith as appropriate; and cause register the same in the register appointed for that effect by [Sir Alexander Gibson of Durie], clerk register, and to be registered by Mr Andrew Baird, clerk depute, for keeping the same register by the clerk register. And the estates declare that the commission above-mentioned is without prejudice of the former acts of commission issued out of before for trial of the said losses by parliament or committee of estates.
[1645/11/214]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that they by their act of the date hereof have condescended upon the manner of probation of the losses of the kingdom both by sea and land occasioned by the bygone and present troubles to be uniform, in manner specified in the said act; as also have ordained commissions to be issued out to the several shires and burghs of the kingdom or to particular persons as the same should be craved for trial of their several losses; and herewith also considering the great damages and losses sustained by the heritors, merchants, tenants, burgesses and inhabitants of the shire of Aberdeen, both to burgh and land, as well by sea as land, the said estates have therefore, at the desire and upon the petition of Sir William Forbes of Craigievar and Arthur Forbes of Echt, commissioners in this session of parliament for the shire of Aberdeen, given and granted and hereby give and grant full power, warrant and commission to 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 Glack, 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, Patrick Leslie [of Iden], late provost of Aberdeen, Mr Robert Farquhar [of Mounie], late provost thereof, Alexander Jaffray and Mr William Moir, late bailies there, and Walter Cochrane, late dean of guild of the said burgh, or to any nine of the whole persons above-named indiscriminately as the quorum, to take and receive the trial and probation of the losses within the said sheriffdom of Aberdeen by sea and land and of every particular heritor, burgess, tenant and inhabitant within the said shire, as well to burgh as land thereof, and of the wasted and burnt lands of the same, and losses sustained by the ministers, both to burgh and land of the said shire, and to try who are altogether disabled to pay rent by the wasting and burning of their lands and other losses sustained by them, and by whom the same was done and committed, whether by the rebels and enemies of the kingdom, or by our own forces within the same; and, for the better clearing thereof, to receive the aforesaid trial and probation from the parties grieved and complaining by sufficient witnesses that the said parties or persons complaining had in their possession immediately before the enemy came to their ground or houses such goods and gear as they condescend upon in their complaint, and that the enemy being there, these were taken away and destroyed by the enemy and were never seen thereafter in these places, and, for the furniture and household plenishing and whatsoever others were in the plaintiffs' houses, to examine the plaintiffs' own servants upon oath by witnesses relating thereto for an adminicle of the probation; and in supplement of all the probation, to take the plaintiffs' oaths, that to their best knowledge all these goods were taken and destroyed by the enemy, as well as those on the ground as those within the houses, and that this manner of probation be extended likewise to those goods and losses by sea which are entered by the parties, owners thereof, or others having power to give up entries to ships, observing also the manner and way of probation before prescribed. With power also to the said commissioners or quorum thereof aforesaid to nominate and choose clerks, one or more, and all other officers and members of court needful and to take their oaths of faithful administration; as also to appoint their meetings to be in such towns or other parts or places within the shire as the commissioners or their quorum shall find most convenient for receiving the aforesaid trial and conducible for the good of the service; as likewise to give out and direct precepts at the instance of the parties and persons complaining for citation of witnesses and other parties who are interested and concerned in the business, and to fine the absents being charged, personally apprehended, in [...] money for each diet's absence, and to cause the witnesses be solemnly sworn; as also to take the oaths of the parties who shall be present and whose depositions shall be admitted by the commissioners or their quorum to be received, and to do everything for trial of the said parties' losses, the cause thereof, their own carriage and the persons by whom the same was done, observing the order before prescribed, which manner of trial the estates of parliament allow in this case notwithstanding the parties, committers of the wrongs, are not cited thereto. And the said trial being taken in manner aforesaid, the estates ordain the several parties' losses, the quantities thereof, the cause and occasion of the same, with the parties' own carriage and deservings, to be particularly set down and subscribed by a quorum of the said commissioners and thereafter reported to that committee appointed by the parliament, to that effect that they may take such course therewith as appropriate; and ordain the same to be registered in a register appointed by [Sir Alexander Gibson of Durie], clerk register, for that end and kept by the clerk deputed by the lord register for keeping thereof, reserving always to the parliament or committee of parliament aforesaid the modification of what shall not be proven by writ, witnesses or oath of party complaining. Anent the which premises, this commission shall be a sufficient warrant.
[1645/11/215]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that there were commissions granted by the committee of estates upon 27 March and 30 May last for trying the losses of Sir Robert Campbell of Glenorchy, John Campbell, fiar of Glenorchy, James Campbell of Lawers, Duncan Menzies of Weem, Dame Marjorie Campbell, widow of the late Sir Alexander Menzies of Weem, Alexander Menzies of Comrie, Alexander Menzies of Carse, Thomas Menzies of Tegremach, Robert Menzies of Glassie, James Campbell of Clathick, Alexander Menzies of Stuikis, Patrick Campbell of [...], Captain John MacNab, John Menzies of Tullichuil, John Campbell, tutor of Glenlyon, James Campbell, portioner of Duncroisk, James Campbell of Edramucky and John Campbell of Dundurn, for themselves and in name and on behalf of their whole tenants, and herewith also considering the desire of the supplication given in to them by the persons above-named craving that the aforesaid commissions might be renewed, and that these persons, namely: George Bruce of Cultmalundie, Mr John Mallot of [...], William Blair of Winston, Patrick Murray of Woodend, Robert Murray of Buchanty and James Drummond, fiar of Machany, should be added to the commissioners in the former commissions, and three to be declared the quorum of the whole, for trial of the losses of the said particular persons above-named and their tenants; the said estates, in respect of the great distance of the supplicants' rooms, lands and dwellings of their tenants from the burgh of Perth and places of meetings appointed by the said commissions, they do hereby renew the aforesaid commissions granted by the committee of estates upon the days respectively above-written for trial of the losses of the said supplicants and their tenants respectively aforesaid, to the commissioners mentioned therein, and add to these commissioners the said George Bruce of Cultmalundie, Mr John Mallot of [...], William Blair of Winston, Patrick Murray of Woodend, Robert Murray of Buchanty and James Drummond, fiar of Machany, and appoint the quorum to be in time coming any three of the whole, notwithstanding of the greater number appointed by the former commissions and of this addition thereto, and ordain the places of meetings for trial to be at Balloch, Weem and Fordell or any of them. Likewise the estates do hereby grant to the former commissioners and to the persons now added, or any three of them as the quorum of the whole, the same full power, commission and warrant as is contained in the aforesaid former commissions to the effect and for the ends mentioned therein, and ordain the same commissions to stand in full force and strength according to the tenor thereof, and as if these persons now added had been inserted therein at the first, and as if the place and quorum now appointed had been condescended upon in the former commissions the time of the granting thereof. And also ordain the whole commissioners or the quorum thereof to meet and convene at the places respectively aforesaid for taking and receiving the aforesaid trial and probation at such times as they shall think convenient for that effect, and after trial to report the same to the parliament or committee of parliament that thereafter such course and order may be taken as after consideration of the report shall be thought fit.
[1645/11/216]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of James Peddie, merchant burgess of Montrose, desiring that his great sufferings and losses occasioned by his constant affection to the public may be taken into consideration and such course taken for his reparation and subsistence as the parliament should think fit, as the supplication bears, they do hereby seriously recommend the aforesaid supplication and desire thereof to the committee of monies appointed to reside in the north, and earnestly desire that committee to take some effectual course for the subsistence of the said James Peddie, supplicant, and of his wife and family.
[1645/11/217]*[print] [email] [cite] [preceding] [following]
Whereas the honourable houses of parliament demand the removal of the Scottish forces out of the towns and castles of Carlisle, Newcastle, Tynemouth, Hartlepool, Stockton, Warkworth and Thirlwall, or elsewhere within the kingdom of England where there be any garrisons placed by the Scottish army without consent of both houses of parliament or their committees before 1 March next,
You shall repeat the answers made to this demand in the treaty with the commissioners from the parliament of England at St Andrews, and make use of the instructions sent to you from the committee of estates from Glasgow and of any other answers or arguments which can proceed from your own knowledge and judgement adhering to the former grounds.
You shall show that these garrisons are so absolutely necessary for magazines of victual, arms and ammunition and to be places of retreat to the Scottish army as they cannot be secured and enabled for promoting the service in advancing south without them.
That it is usual to all armies who do engage in the war or service of another kingdom to have such garrisons for their safeguard and security, and these garrisons being taken by our army from the enemy and still in their possession since with consent of the houses of parliament, and they being most necessary for the armies' accommodation and better carrying on of the war (which both kingdoms are obliged to promote according to the covenant, treaty and declarations of both), and the garrisons being a part of the Scottish army (who by the treaty are to be disposed of by the advice and direction of the committee of both kingdoms for carrying on of the war) cannot be removed out of these garrisons without consent of both; and where there is no direction from a joint committee, the general or commander in chief of the army must do that which to his best knowledge and judgement is best for promoting the war and safety of the army, which he cannot do unless he garrisons some places for retreat, safety and magazines; and the whole places now garrisoned by us were recovered from the enemy. And therefore you shall persist that the houses of parliament would be pleased that the Scottish garrisons remain in these places so long as our army remains in England in pursuance of the war.
You shall show that we are content to give any reasonable security for restitution of these garrisons so soon as by a prosperous war or happy peace religion shall be settled, our troubles brought to an end and that account and payment be made of what is duly owing to us by the houses of parliament, that our army may return into Scotland.
If you find that the delivery of the other garrisons which are garrisoned by the Scottish army (except Berwick, Carlisle, Newcastle and Tynemouth) will satisfy the houses of parliament and that they be content we retain Berwick, Carlisle, Newcastle and Tynemouth, you shall offer the same to testify how desirous we are to comply with the desire of the houses of parliament so far as can be with preservation of the army and as may consist with the promoting of the war, by granting whereof there is no garrison in effect given to the Scottish army for a place of magazine, retreat and safety but Newcastle and Tynemouth in respect that by the large treaty Berwick and Carlisle are appointed to be dismantled and the fortifications demolished.
If nothing gives satisfaction to the houses of parliament but that they do still persist to have their garrisons presently restored, then you shall desire that they may be pleased to settle religion and make a speedy and just peace that Scotland may be free of the calamities and dangers brought upon us by our engaging in this war with England, and that they would secure and pay the sums of money they are justly owing us upon performance, whereof these garrisons shall immediately thereafter be restored.
You shall peruse the paper sent to you from us containing some grounds of an answer to that paper of the houses of parliament in answer to your former papers of the 29 and 30 September and of 3 October, and because you who are on the place can best discern what may be the best expressions and most conducible and seasonable for promoting the work of settling religion and peace and preserving union between the kingdoms, we remit to your judgement and discretion the framing of this answer and adding to the grounds and reasons contained in the paper sent to you and smoothing the expressions thereof as you conceive best for the business.
You shall upon the grounds of the preceding instructions and as in your judgement you think most expedient make an answer to that part of the paper or declaration of the houses of parliament which they have returned in answer to the three several papers from you of 29 and 30 September and 3 October so far as concerns the northern garrisons expressed in their former paper according to the preceding instructions.
You shall likewise (upon the grounds expressed in your former papers and out of your former instructions and those now sent to you) make a reply to what is expressed in the aforesaid paper of the houses of parliament concerning religion and the settling of church government and propositions of peace to be sent to his majesty.
Concerning the king's letters of 5 and and 15 December craving a safe conduct for sending propositions to be a foundation of a safe and well grounded peace, and the answer to be returned thereinto and whether a positive answer should be sought to the propositions that should be sent without any treaty or that a treaty be had thereupon, we do approve of your answers and proceedings therein.
You shall show that it is our earnest desire that the present opportunity (when both king and parliament profess their desires of peace) may be embraced and improved to the best advantage, and least so seasonable a time (which is very precious) be lost and for avoiding the dangers which are well expressed in the papers of 22 December given in by you to the houses of parliament; and least the king should take advantage or the people be stumbled with the inconstancy of our resolutions in altering the former propositions which (upon so mature deliberation of the parliaments of both kingdoms) were agreed upon to be necessary foundations of a well grounded peace with his majesty and a firm union between the kingdoms.
You shall desire that the propositions of peace formerly agreed to by the parliaments of both kingdoms (the most material whereof have been treated and debated on at Uxbridge) may without delay be sent to his majesty and his answer sought thereto without further negotiation.
If the houses of parliament shall make material alterations of the former propositions or add new ones, you shall show that it cannot be expected that we can either agree to the matter of them before we know and ponder them, nor can resolve on the manner of sending them until the matter be agreed upon. And therefore, to eschew the loss of time and that there be no retardment to the procuring of a happy peace, we desire that the former propositions agreed upon by the parliaments of both kingdoms (especially these three propositions for settling religion, the militia and Ireland formerly debated at Uxbridge) may be sent to his majesty and his answer sought thereto, and that the remainder of the former propositions, with such propositions as shall be made by his majesty, may be treated upon in such manner as his majesty, the houses of parliament and you shall think fit.
You shall endeavour that there be no alterations made of the former propositions, especially of the 17th proposition concerning the militia formerly agreed to by both parliaments as the best and surest way for conservation of a durable peace and unity between the king and his kingdoms and of each kingdom with each other, and which was sent from the parliament of England to the parliament of Scotland as a ground and obligation of amity and mutual confidence.
If the houses of parliament shall resolve absolutely to alter the 17th proposition or shall make any material alterations in or additions to the former propositions, then you shall show that it is our judgement that the militia of both kingdoms should be settled by the king with the advice of the parliaments of both kingdoms respectively as may be most for the security of both against all internal insurrection and foreign invasion. For we do conceive that the disposing of the militia for the preservation of the kingdom and the protection of the subjects is so proper and such an essential part of the king's duty and of the exercise of his just royal power (which we are bound by our allegiance and covenant not to diminish) as it ought not to be done without him, if he be willing to do it with advice of his parliament, and we do conceive that this difference may be so transacted by condescending upon such commissioners as are acceptable to both king and parliament, or that the king have the nomination and the parliament the approbation, or in some such other way as it needs not be a hindrance to a just peace. But if the parliament can be persuaded that the propositions for settling the militia as was formerly agreed upon by both parliament shall stand, it is best of all and most to be desired.
You shall endeavour so far as possibly you can to preserve a right understanding and union between the two kingdoms and between their armies and committees, and show that it is our earnest desire that the councils and forces of both kingdoms may be always joined against all internal insurrection and foreign invasion and in everything which may serve for the good of both and promote the ends of our common league and covenant.
You shall show that it is our earnest desire that the propositions for settling religion and church government be agreed to and established in the first place, as was resolved in the treaty at Uxbridge.
Concerning Ireland and the Scottish army there, it is desired that the articles treated and agreed upon by committees of both kingdoms in Scotland and England and ratified by the parliaments (which were also acknowledged by both to be a treaty and inserted in the propositions of peace and debated at Uxbridge) be proceeded upon and observed.
That upon the grounds expressed in the papers and demands given in by you on behalf of the kirk and kingdom of Scotland, you shall proceed upon the speedy settling of religion and a well grounded peace.
That religion and church government (which is our chief desire and has been the principal cause of all our undertakings and sufferings) being established, you shall by all lawful and possible means endeavour a just and equal peace that these kingdoms lying under the pressures and calamities of wars may be quiet and at rest.
If the king shall grant the propositions for religion and church government, you shall apply your most serious endeavours to procure agreement between his majesty and the houses of parliament in matters civil where there may be greater latitude without sin than in matters of religion in which the glory of God is most concerned; and if his majesty shall grant the propositions for religion and church government and shall grant such propositions in things civil as may be a foundation of a firm and just peace (although he do not in everything come to the length of our desires expressed in the propositions of both kingdoms), we conceive that peace should not be refused and destructive and unnatural wars continued.
That a joint way by the councils and forces of both kingdoms for the better carrying on of the war or procuring of peace according to the covenant, treaty and declaration of both kingdoms is the best way for both and that which we most earnestly desire to be observed.
If the houses of parliament shall alter the 17th proposition concerning the militia or make any material alteration of the former propositions or add new ones, then you shall make the demands following and manage them in the most dexterous way you can for the good and interest of this kingdom:
That the advantages which the kingdom of England has by his majesty's royal presence and continual residence with them, and the losses and prejudices which Scotland sustains by his majesty's absence, are so many and great as cannot be suitably recompensed by any retribution equivalent to so great a benefit as England enjoys and as Scotland is deprived of. Therefore, since by the good providence of God both nations are in one island, speak one and the same language, profess one and the same religion and are united under the same head and monarch, you shall demand on behalf of the kingdom of Scotland that in all places of trust and offices about the king, queen and prince the equal half, at the least the third part, be Scotsmen.
That in the council of England and Ireland a third part be Scotsmen, and so reciprocally for England in the council of Scotland.
That a capacity be declared for all Scotsmen to exercise any place of trust or office within the kingdom of England and Ireland, and so for England and Ireland in Scotland.
That naturalization and the privilege of those born since King James went into England, together with all other freedoms and privileges of the natives of England and Ireland for all times to come, be declared to pertain to Scotsmen, and so reciprocally for England within Scotland; that the freedom, privileges and benefit of commerce and trade within England and Ireland be communicated to Scotsmen, and so reciprocally for England and Ireland within Scotland.
That the freedom of all the sea ports, customs and immunities which is due to the English within England and Ireland be communicated to the Scots and so reciprocally to the English within Scotland.
That all commodities whatsoever may be freely imported and exported by sea or land from the one kingdom to the other as is from one county to another or from one sea port to another within either of the kingdoms.
That Scotsmen be declared capable to be of any incorporation, trade or society within England or Ireland or in foreign trade as the English are and upon the same conditions as the English are, and so reciprocally that Scotsmen be declared capable of all places, faculties, professions and benefits within the kingdoms of England and Ireland as the English are, and so reciprocally.
That of all foreign negotiations at home or abroad which are national or of joint concern there be equal number employed of both kingdoms.
That some of the king's ships be appointed constantly to guard the coast of Scotland and give safe convoy to Scottish ships.
And although there be no material alterations of the former propositions nor of the 17th proposition concerning the militia, you are to make use of the preceding [...] articles and manage them as you find most conducible for settling of religion, peace and interest of this kingdom and according to your former instructions.
If the abridging of the number of our cavalry to the number of 2,000 horse and 1,000 dragoons shall be proceeded on, you shall adhere to the answer made by you to the vote of both houses of 6 January upon that subject, and add further that as the least number by the treaty was agreed to to be 18,000 foot, 2,000 horse and 1,000 dragoons (beside the forces which were invited to come in under the command of [James Livingstone], earl of Callander), so is there no just reason of exception upon the point of number so long as the army (accounting both foot and horse) does not exceed the number first agreed upon and the additional forces brought in by the earl of Callander. Nor can there be any just exception taken by the houses of parliament for increase of charge and expense so long as there is no more money and pay sought from them than the £30,000 agreed upon to be paid monthly to the army. And that we have ever been and are still willing that musters be made for knowing the number and strength of our army.
Concerning Belfast and garrisons in Ireland, you shall show that by the treaty upon which an army was sent from Scotland to Ireland the war is to be first prosecuted in Ulster, and the commander in chief of the army entrusted to carry on the war as might best suppress the rebels and reduce that kingdom to the obedience of king and parliament and that all places recovered from the enemy should be disposed of as the commander in chief should judge best for promoting the service, and should remain in the possession of the Scots during their abode in Ireland.
Belfast is a place in which a part of the Scottish army at their first arrival in Ireland was quartered without any interruption until the Scottish forces within it were drawn forth thereof for some service in the fields, upon which Colonel Chichester (then having declared himself an enemy to the army, cause and covenant) was unwilling to quarter the same number of the Scottish army there again, which moved General Major Munro to regain that quarter, which he did carefully and actively perform without any violence. Whereupon Colonel Chichester with his people went immediately to the enemy in Dublin, to whom undoubtedly he would have surrendered that garrison if he had not been timely prevented. And therefore Belfast, being a place always in the possession of the Scottish army and purchased from the enemy, at least from such a person as would have betrayed it to the enemy, and being a place most necessary for the subsistence of the Scottish army and promoting the war, it is agreeable to the treaty and for the good of the service that it remains in the possession of the Scots so long as they remain in Ireland for prosecution of the war. And for your better information concerning this particular, you shall peruse the papers from Ireland herewith sent to you.
You shall give frequent advertisement to the parliament or their committees of your proceedings.
The whole particular instructions above-mentioned being read in audience of the parliament this 3 February 1646, the same were agreed to, allowed and approved by the estates of parliament.
Instructions added to the former
You shall deliver to the honourable houses of parliament our letter in answer to theirs of the 12 November† last concerning the removing of garrisons from Newcastle etc. and manage that particular according to the instructions sent to you for that effect.
You shall receive our letter to the houses of parliament, demanding the speedy settling of religion and uniformity, the carrying on the war by the joint counsels and forces of both kingdoms, the sending of propositions of peace to the king, the payment of the sums of money due to this kingdom and our armies, and keeping a right understanding between the kingdoms, and we refer to your judgement and discretion to make the best use you can of that letter and deliver it or not deliver it as you conceive may serve most for the good of the cause and interest of this kingdom.
You shall deliver our letter written to the assembly of divines.
These instructions immediately above-written were also read in audience of the parliament and agreed to and approved by the estates of parliament and ordained to be added to the former instructions.
[1645/11/218]*[print] [email] [cite] [preceding] [following]
The estates of parliament remit and recommend the supplication presented to them by John Hamilton of Boghall and desire thereof anent his losses sustained in respect of the payment made by him to the public of the bygone excise for tobacco to the committee of the monies, to be taken into consideration by them for the supplicant's reparation and satisfaction as the committee shall think fit.
[1645/11/219]*[print] [email] [cite] [preceding] [following]
The estates of parliament do hereby seriously recommend to the committee for the monies the payment to the magistrates of Dundee of the £20,000 Scots ordained to be paid to them by the parliament for the maintenance of the poor people of that town, and ordain the committee to take some effectual course for their payment of this sum.
[1645/11/220]*[print] [email] [cite] [preceding] [following]
The letter from the estates of parliament of the kingdom of Scotland to the speaker of both houses of the parliament of the kingdom of England, being read in audience of the parliament, was approved by the estates of parliament of the date this 3 February 1646.
[1645/11/221]*[print] [email] [cite] [preceding] [following]
The letter from the parliament of Scotland to the parliament of England of the date this 3 February 1646, being read in audience of the parliament, was also approved by the estates of parliament.
[1645/11/222]*[print] [email] [cite] [preceding] [following]
A letter from the estates of the parliament of Scotland to the assembly of divines in England of this 3 February instant, being read in audience of parliament, was approved by the estates thereof.
[1645/11/223]*[print] [email] [cite] [preceding] [following]
A letter by the estates of parliament of this 3 February 1646 to their commissioners at London, being read in audience of the parliament, was approved by the estates thereof.
[1645/11/224]*[print] [email] [cite] [preceding] [following]
It being proposed in audience of the parliament that the lord president of the parliament should be supernumerary in the commission granted to the commissioners of this kingdom to the parliament of England, upon which proposition the earl of Crawford Lindsay, president of the parliament, desiring to remove until the proposition was decided by the parliament, and being put to the vote whether he should remove or not, it was carried by many voices that he should not remove. And thereafter it being questioned whether there should be a committee appointed to think if it be fitting that any be added to the commissioners for the treaty at London in respect of the great weight and importance of that employment and report their opinion to the parliament relating thereto, yes or no, it was carried by many voices that there should be a committee appointed to the effect contained in the question, and that there should be three of every estate upon that committee.
Whereupon the noblemen nominated the earls [William Cunningham, earl of] Glencairn, [John Kennedy, earl of] Cassilis and [William Hamilton, earl of] Lanark, the barons nominated [Sir Archibald Johnston of] Wariston, the lairds [James MacDowall of] Garthland and [Sir Thomas Ruthven of] Freeland, and the burghs nominated Mr Alexander Wedderburn [of Blackness], George Porterfield and John Kennedy as a committee to think upon the question and business before voted, and appoint them to meet the tomorrow at 6 o'clock in the morning in the earl of Lanark's lodging, and thereafter to report their opinion to the parliament.
[1645/11/225]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordain [John Kennedy], earl of Cassilis, vice-president of parliament, to subscribe the act made by the estates of parliament in favour of [John Lindsay], earl of Crawford Lindsay, president of parliament, and of the lairds [Sir John Wemyss of] Bogie and [David Beaton of] Creich for their relief of the £500 sterling undertaken by them and in favour of [James Murray], earl of Tullibardine, the lairds [Sir Thomas Ruthven of] Freeland and [James Mercer of] Aldie for their payment of 1,000 bolls of meal to be furnished by them to the magazine at Perth.
[1645/11/226]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, taking into their consideration that in the act of maintenance of 27 January last they have ordained the valuations to be rectified where there is any wrong done therein, declaring always that this warrant for a new valuation shall be no hindrance or diminution to the payment of the monthly maintenance, loan or tax, as the act of maintenance bears, they do therefore give and grant power, warrant and commission to [...], master of Fraser, 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 Camphell, 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, Walter Forbes of Tolquhon, John Forbes of Byth and Andrew Meldrum of Iden, or to any 15 indiscriminately of the whole persons above-named as the quorum thereof, to rectify and value of new again all lands, teinds and casual rents within the sheriffdom of Aberdeen formerly wrongly and unproportionally valued, with power to the said commissioners or their quorum to take such trial and probation by writ, witnesses, oaths of parties or other legal probation as they shall find necessary and expedient for clearing and trial of the valuations of the whole lands, teinds and casual rents within the said sheriffdom of Aberdeen. Which new valuation so to be made nor this warrant granted for that effect the estates declare shall be no hindrance nor diminution to the payment for the use of the public of the monthly maintenance, loan or tax of the said shire due to the public out of the whole shire nor no part thereof. With power likewise to the said commissioners or their quorum to choose their own clerks, one or more, and all other officers and members of court necessary for this commission, and to appoint the times and places of their meetings to be upon such days and at such places within the shire as the commissioners or their quorum shall find convenient. And ordain the aforesaid new valuations that be taken and made by virtue hereof to be set down in writing and subscribed by the quorum of the aforesaid commission, and thereafter reported to Sir Adam Hepburn of Humbie, treasurer of the armies and general collector of the aforesaid monthly maintenance, loan and tax, or to his depute clerk to the said collection, that thereafter the public dues of the aforesaid shire may be accordingly paid.