[1645/11/227]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
The estates of parliament give full power and warrant to the committee for the monies or quorum thereof upon refusal to pay the fines imposed already or to be imposed upon any person, who in the rigour of law might have been punished in life for acts of malignancy and now falls within the compass of the first or second classes, to forfeit their lands and estates or any part thereof as the said committee or their quorum shall think fit, and not their lives.
[1645/11/228]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of the committee for considering the accounts of [Sir Adam Hepburn of] Humbie, treasurer of the army, concerning the desire of John Johnston of the city of Edinburgh, merchant, now resident in the city of London, craving some allowance and consideration for his pains for receiving of all such public monies as were to be received from the kingdom of England and in paying out thereof to the commissioners of Scotland and of the monthly allowance to the ministers, commissioners from the general assembly residing in England, from time to time as deputy treasurer to the said Lord Humbie, the said estates of parliament ordain the said John Johnston, supplicant, to have 6s 8d Scots of each 100 merks Scots of all the aforesaid public monies received and intromitted with by him, or that hereafter he shall receive and intromit with as an allowance for his pains therein, which the estates do hereby grant and allow to him, for the which this act shall be a sufficient warrant.
[1645/11/229]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report to the committee of dispatches concerning the desire of the supplication of Charles, earl of Dunfermline, craving payment for 800 bolls of meal at 8 merks the boll, delivered for the use of the public to John Denholm, commissary for the northern expedition, with 30s for the price of each sack of 308 sacks, delivered with the aforesaid meal to the said John Denholm, they find and declare that there is due by the public to the said Charles, earl of Dunfermline at Martinmas [11 November] 1645 the sum of £5,070 Scots money of principal sum and annualrent thereof to the said term of Martinmas 1645 for the price of the aforesaid meal and sacks above-mentioned, which sum the estates of parliament declare to be a public debt due to be paid to the earl of Dunfermline, with annualrent thereof until the payment. And therefore they do hereby oblige the estates of this kingdom to make payment to the said Charles, earl of Dunfermline of the aforesaid sum of £5,070 Scots money, with annualrent thereof since Martinmas 1645 and in time coming until the payment, and for the said earl of Dunfermline's more ready and speedy payment thereof, the estates of parliament by this act grant precept and warrant to Sir Adam Hepburn of Humbie, general collector for the public and treasurer for the armies, and his deputes, to make payment to the said Charles, earl of Dunfermline of the aforesaid sum of £5,070, with the annualrent thereof since Martinmas 1645 and in time coming until the payment thereof, out of the first and readiest monies pertaining to the public intromitted with or to be intromitted with by them or has or shall come to their hands, for the which this act shall be a sufficient warrant.
[1645/11/230]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the overtures underwritten, whereof the tenor follows: The humble desire of the burghs to the honourable house of parliament. Firstly, that they will be pleased to give warrant for discharging quartermasters of regiments and all others to quarter any regiments or soldiers within burghs, but that the magistrates of the burghs may have the charge thereof because quartermasters take money and make free whom they please and lay heavier burden upon others than they are able to bear. Secondly, to condescend and set down order how and at what rate all officers of regiments shall be supported upon free quarters within burghs, because some are very implacable and at extraordinary expenses to those upon whom they are quartered, not only taking free quarters to themselves but to all such their comrades whom they shall please to bring in with them, and do enforce poor men to serve them with wine, both at table and extraordinary times. Thirdly, to condescend what inferior officers shall be obliged to live upon proviant as does the soldiers, and who shall be supported for payment in monies. Fourthly, to condescend how many horse are allowed to the officers of foot regiments, because some of them do keep four or five horses with them upon free quarters, which does draw to great expenses. The said estates ordain the quarterings within burghs to be as the magistrates of the burghs shall appoint, according to the desire of the first article, and also the estates ordain and appoint the committee for the monies to condescend on the ways, rules and orders how and at what rate all officers of regiments shall be supported upon free quarters within burghs or in landward according to the desire of the second article, which the estates find just; and likewise the said estates of parliament remit and recommend the third and fourth articles above-written as just and reasonable to the said committee for the monies, and ordain them to condescend what inferior officers shall be obliged to live upon proviant as does the soldiers and who shall be supported for payment in monies; as also to condescend how many horse are to be allowed to the officers of foot regiments to be kept upon free quarters, according to the desire of the aforesaid third and fourth articles.
[1645/11/231]*[print] [email] [cite] [preceding] [following]
The estates of parliament do hereby give warrant and commission to John Middleton, general major of the horse, to lead, conduct and command all the forces within this kingdom of horse or foot and to employ the same to the best advantage for prosecution of the war against the rebels as he shall find necessity so to do, and the commission to endure until the parliament or their committee shall discharge the same.
[1645/11/232]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering that by the advancement of David Leslie, late general major of the horse to be lieutenant general thereof, the said place and charge of general major is now vacant, and the said estates having good proof and experience of the abilities and worth of John Middleton to discharge the same, therefore they, all in one voice, with consent of [Alexander Leslie, earl of Leven], lord general, have nominated, elected and made choice of the said John Middleton to be general major of the horse, with power to him to exercise the said office and enjoy the same with all the fees, dignities and privileges belonging thereto, commanding hereby every one whom it concerns to obey him in what is incumbent thereto, according to their duty; and this commission to endure until the same be discharged by the parliament of this kingdom or their committees.
[1645/11/233]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering that by the death of Laurence Crawford, general major of the foot, the said place and charge is now vacant, and the said estates having good proof and experience of the abilities and worth of James Holburne to discharge the same, therefore they, all in one voice, with consent of [Alexander Leslie, earl of Leven], lord general, have nominated, elected and made choice of the said James Holburne to be general major of the foot, with power to him to exercise the said office and to enjoy the same with all the fees, dignities and privileges belonging thereto, commanding hereby every one whom it concerns to obey him in what is incumbent thereto, according to their duty; and this commission to endure until the same be discharged by the parliament of this kingdom or committees thereof.
[1645/11/234]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having upon consideration of the continuing troubles of this kingdom and of the condition of their armies both at home and in England reminded themselves of the duty which in the present conjuncture of affairs they owe to God in defence of his truth against all opposition and to this kingdom (whom they represent) in the maintenance of its laws and liberties according to the covenant, have thought it necessary that the armies within this kingdom and in England be recruited, strengthened and enabled so to prosecute the war this ensuing summer, as by the blessing of God upon their endeavours the long lasting troubles of this kingdom may end in a happy and safe peace, which being so much desired by all good Christians and country men the estates of parliament have reason to be confident of their ready and careful† concurrence with their persons and fortunes in the way and means for attaining the same, to which also (albeit religion was not in hazard) the kingdom's honour so much interested were in itself a motive strong enough to prevail with every true Scottish heart, and therefore have statute and ordained that any levies formerly appointed by warrant of the parliament, convention of estates or any committees from them respectively, or runaways from any regiments who have returned back to their shires and are now lurking in the same, be with all expedition put out and delivered to these regiments to which they are assigned by any acts of parliament, convention or committee from which they are runaways, and that there be no neglect in the due execution hereof, the said estates ordain the committees of war in each shire respectively to be careful herein as one of the most necessary and special points of the trust committed to them. And because the number of the said deficients and runaways will not be sufficient to make up the 10,000 foot appointed to be supported within and for the service of this kingdom and also to strengthen and recruit the army in England, they have therefore statute and ordained a new levy of foot to be laid on and raised out of the several shires and burghs of this kingdom, according to such proportions and for the recruit of such regiments as shall be contained in the list to be made up by the committee of estates. And because upon the speedy and effectual execution of this ordinance (as the only probable humane means) so much depends all the honour and happiness of this kingdom, the said estates of parliament have thought fit seriously to recommend to the committees of war of the several shires heartily and with public spirits over all difficulties to add to their former this new testimony of their resolutions to pursue the ends expressed in their covenant with their lives, fortunes and estates, and speedily to deliver their several proportions of men to such officers of the aforesaid regiments respectively as shall be appointed for receiving the same from them. And further statute and ordain that the said numbers of men appointed to be raised out of the several shires and burghs be in readiness and delivered between now and 10 March next to such officers as shall be appointed by the colonels respectively aforesaid for receiving the same, and that between now and 10 March next the committees of war of the several shires shall send some of their own number fully instructed to give a particular account of their diligence both in putting out this new levy and their former deficients to the committee of estates.
[1645/11/235]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, taking into their consideration the great number of men that the sheriffdom of Fife within the presbyteries of St Andrews, Cupar and Kirkcaldy have lost and had killed to them in the service of the public at Kilsyth and Tibbermore, they do therefore hereby free and liberate the said shire of Fife within the three presbyteries above-named from all putting out of any men by virtue of the act of parliament of the date hereof made for recruiting the regiments and forces within and without the kingdom, and declare them free of the force and execution of the said act relating thereto, and except the said three presbyteries therefrom, for the which this act shall be a warrant.
[1645/11/236]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, taking into their consideration that by their act of the date hereof anent the recruiting of their armies within and without the kingdom they have remitted the list of a new levy of the numbers to be put out for every shire and application thereof to the consideration of the committee of estates, they do therefore hereby give power to the committee of estates to consider upon supplication to be given in to them by any shire between now and 10 March next to come upon good reasons and special considerations to be cleared before the committee to lessen the numbers in the aforesaid list to those shires so supplicating between now and the day aforesaid, and if upon good considerations and reasons the numbers of some shires shall be lessened, with power to the committee of estates to make up these numbers out of other shires. And also the estates of parliament remit the aforesaid whole lists and applications thereof to the committee of estates, with the power aforesaid, and ordain [John Campbell], earl of Loudoun's regiment to be recruited either by men or money, excepting out of this remit the recruit granted to [James Campbell], laird of Lawers in this session of parliament out of Perthshire; and free the shire of Fife within the three presbyteries of St Andrews, Cupar and Kirkcaldy from all putting out of any men by virtue of the aforesaid act made anent the recruiting of the armies; and remit to the consideration of the committee of estates the number to be put out by the presbytery of Dunfermline. And also the estates remit and earnestly recommend to the committee of estates the consideration of the condition of the shire and town of Edinburgh in respect of their great loss by the plague of pestilence, together also with the condition of the sheriffdom of Haddington in respect of their numbers already put out and of those dead in that shire by the aforesaid plague.
[1645/11/237]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordain the noblemen and the commissioners of the shires and burghs to advance and pay to [Sir Adam Hepburn of Humbie], commissary-general, one full month's maintenance without deduction of quarterings or any other deduction, and this to be paid between now and 20 February instant; and where any of the shire offers meal for their maintenance, the same to be received as the commissary-general or his deputes and they can agree, to be carried by the sellers to the next magazine; and ordain the advancers to have their relief both for principal and annualrents of the shires and burghs from those liable in payment of the maintenance or against the committee of war of the shires or magistrates of burghs respectively at the option of the advancers and the committees of war, and magistrates to have their relief off those liable to maintenance to burgh and land. And the estates declare that in respect the quarterings are not allowed now in this month's maintenance to be advanced, that therefore the same quarters shall be allowed out of the remaining months' maintenance unpaid or fines within shires or burghs unassigned. And ordain letters to be directed to the effect above-written against the noblemen and commissioners aforesaid for payment of the aforesaid one month's maintenance upon a simple charge of 10 days; and grant the same letters for their relief against those liable in shires or burghs for the maintenance and against the committees of war in shires and magistrates in burghs, and they to have their relief from those liable in payment as said is, and this without prejudice of the remaining months' maintenance as yet unpaid, according to the several acts of maintenance.
[1645/11/238]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into consideration the necessity and expedience of fitting and clearing the accounts of what has been received by the Scottish army in England since their last going in by billeting and other ways, and of removing and settling all differences concerning the same according to the ninth article of the treaty and according to the desire of the commissioners of the parliament of England to the parliament of Scotland in [...] 1645 and which has been earnestly desired by the said committee of estates, who have written frequent letters for granting commission for that effect, therefore the said estates of parliament do hereby nominate and appoint the persons underwritten: they are to say Charles [Seton], earl of Dunfermline, William [Kerr], earl of Lothian, Alexander [Lindsay], lord Balcarres, Sir David Home of Wedderburn, Thomas Ruthven of Freeland, Sir Thomas Kerr of Cavers, William Glendinning [of Gelstoun], provost of Kirkcudbright, John Johnston, burgess of Dumfries, John Auchterlony, burgess of Arbroath, the general of artillery, Sir Adam Hepburn of Humbie, treasurer of the armies, Sir James Lumsden, governor of Newcastle, General Major Hepburn, William Thomson, depute to the Lord Humbie, and James Sword, burgess of St Andrews, or any three of them, giving and committing to them full power and commission by themselves or with mutual consent of the commissioners appointed or to be appointed by the parliament of England to convene and meet at such parts, places and times as shall be thought most convenient, and to proceed and go on in adjusting and clearing the accounts of the said armies' intromission in money, billet, assessment or otherwise jointly with the commissioners aforesaid or by themselves, and to appoint times and places of their meetings, and to do every other thing requisite and necessary for fitting and clearing the said accounts, firm and stable holding and for to hold all whatsoever things shall be lawfully done herein.
[1645/11/239]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the distressed and utterly ruined condition of Mr Thomas Mitchell, minister of Turriff, they, for his present subsistence and maintenance of him and his family, ratify and approve the precept of 400 merks formerly granted to him out of the rents of Haddo to have been paid to him by Thomas Forbes of Waterton. And further the estates add to the former 400 merks the sum of 1,000 merks further to be paid to the said Mr Thomas Mitchell for his subsistence and maintenance, and for that effect they do hereby ordain the committee of monies for the north to cause the said Mr Thomas Mitchell be really and speedily paid of the aforesaid total sum of 1,400 merks out of the readiest monies and rents of delinquents' and malignants' lands in the north within the bounds of that commission. And in respect of his present necessity, the estates by this act seriously recommend him to the said committee of monies for the north to take some speedy course for his payment. And also the estates do hereby seriously recommend the losses and wrongs done to the said Mr Thomas Mitchell to the said committee for the north, to be tried, satisfied and repaired by them after trial as they shall think fit.
[1645/11/240]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the great pains and travails taken by Mr Andrew Cant, one of the ministers of Aberdeen, with his fidelity and care for the good and advancement of the cause and country, they do hereby give and grant to him the sum of 2,000 merks Scots, and seriously recommend the real and effectual payment thereof to him to be taken into consideration by that committee of the monies appointed for the north, whom the estates earnestly desire to take such effectual course for the said Mr Andrew Cant's real payment of the said sum of 2,000 merks, as that neither the intention of the estates of parliament relating thereto become ineffectual, nor yet the said Mr Andrew delayed or defrauded of his payment. Which sum of 2,000 merks the estates declare is over and above the payment to the said Mr Andrew of his losses after trial, for the which this act shall be a warrant.
[1645/11/241]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into consideration the desires represented to them for [Alexander Leslie], earl of Leven, lord general, David Leslie, lieutenant general of the horse, Lieutenant General Baillie and General Major Middleton for their assignments, the estates do hereby seriously in a special manner recommend the same to the committee for the monies, processes and fines, to be presently taken into consideration and granted by them.
[1645/11/242]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by Alexander, earl of Eglinton, desiring a new warrant to be given to [Gilbert Hay], earl of Erroll and to the earl of Kinghorn and to the earl of Erroll's other curators to make payment to the supplicant out of the readiest of the monies indebted by them to Patrick Ruthven, sometime earl of Forth, of the sum of 22,460 merks found due to the supplicant by the public and formerly ordained to be paid to the supplicant by an act of the committee of estates of 31 December 1644 out of the readiest monies belonging to the said Patrick Ruthven and to the late [Robert Dalzell], earl of Carnwath and out of the rents of their lands, as the supplication bears; and also anent another supplication given in to the parliament by the said John, earl of Kinghorn desiring warrant for allowance and retention of so much of the sums of 11,000 merks and 6,000 merks of principal sum and annualrents yet unpaid of a greater sum indebted by the earl of Erroll and his cautioners (whereof the earl of Kinghorn is one) to the said Patrick Ruthven, late earl of Forth, and now pertaining to the public by his forfeiture as will satisfy the said earl of Kinghorn of the sum underwritten owing to him by the public, namely: 7,000 merks for meal in 1641, £3,588 10s for victual and other provision furnished in 1640, and of the sum of £281 11s for certain goods furnished to the army in July 1640, with the annualrents of the said sums, as the same other supplication, desiring also warrant to [Sir Adam Hepburn of] Humbie to receive a discharge from the supplicant of the sums above-specified and debts owing by the public to him with the warrants and instructions thereof, and to give a discharge of the other sums pertaining to the public answerable thereto, more fully bears. Which two supplications, with the instructions respectively thereof, being heard and considered by the estates of parliament, after that both the parties were hereupon heard in audience of the parliament for and against each other respectively, the said estates ordain the committee for the monies to cause make thankful payment to the Alexander, earl of Eglinton of the aforesaid sum above-mentioned contained in his said act and assignment of 31 December 1644; which act and assignment contained therein the estates do hereby discharge in so far as the same may be extended against the said earls of Erroll and Kinghorn for the sum above-written which was indebted by them to the late earl of Forth and yet unpaid to the public, who have right thereto by the forfeiture of the said Patrick Ruthven, late earl of Forth, seeing they find that the earls of Erroll and Kinghorn have just reason of retention of the aforesaid sum and annualrents thereof yet unpaid by them to the public of the greater sum formerly indebted by them to the late earl of Forth, for compensation thereof in payment and satisfaction to them of the sums above-specified and annualrents of the same indebted by the public to the earl of Kinghorn, whom the estates find could not be prejudiced of his right of retention upon compensation for payment of the sums owing by the public to him by any act or assignment made by the committee of estates for the public in favour of the earl of Eglinton for the aforesaid sum.
[1645/11/243]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordain General Major Munro to be added to the commissioners appointed for Ireland, and for that effect give warrant to [Sir Alexander Gibson of Durie], clerk register, to join the said General Major Munro to the said commissioners and insert him in the same commission.
[1645/11/244]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: To the honourable estates of parliament, the humble desire of Sir John Haldane of Gleneagles, shows that it is not unknown to some of your lordships' number with what disadvantages I have witnessed my constant affection to the cause in hand, and that therefore the rebels and enemies of this kirk and kingdom have spoiled and undone and wasted my lands, spoiled and undone my tenants and have left me neither means nor estate either to enable myself or my friends and followers for doing that duty that the public cause at this time requires, and that I would wish at this time to evidence according to my place and charge and that the ruin and destruction of myself and my friends and tenants is occasioned and held forward by those of my neighbours who are in rebellion, and seeing my losses are not yet valued nor can be repaired until the same be tried and the authors and principal actors against me ought to be liable for my reparation, therefore my humble desire is to your lordships to give warrant that I nor none of my friends nor tenants be troubled by any action of law for any sums resting to any actually in the rebellion, and that I may retain the same until I get satisfaction of my losses and the same tried and qualified, which shall be done with diligence, and your lordships' answer, as the said supplication bears. Which supplication and desire thereof aforesaid being heard and considered by the estates of parliament, they grant the desire thereof above-written and do hereby give warrant that the supplicant nor none of his friends nor tenants be troubled by any action of law for any sums resting to any actually in the said rebellion, and that the supplicant may retain the same until he get satisfaction for his losses and the same tried and qualified, which the estates ordained to be done with all diligence, for the which this act shall be a sufficient warrant.
[1645/11/245]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: The supplication of Lieutenant Colonel Mungo Murray to the estates of parliament, humbly shows that whereas he was ordained by the committee of estates to have received from [Sir Adam Hepburn of Humbie], commissary-general, or his deputes the sum of £100 sterling for equipping him, being at that time appointed lieutenant colonel of horse, of which money as yet he has received no payment, besides a great deal of money and 10 of his own horses he lost at Kilsyth and many arrears also resting owing to him by the public, for which he humbly requests he may be recommended to the committee of monies for payment of the aforesaid money due to him; as also that satisfaction may be made to him for his losses and bygone arrears and for his horses which [Archibald Campbell], marquis of Argyll and [John Lindsay], earl of Crawford [Lindsay] can testify he did lose there at Kilsyth, and your lordships' answer, as the supplication bears. Which supplication being read in audience of the parliament and the same, with the desire thereof, heard and considered by the estates of parliament, they do hereby remit and seriously recommend the aforesaid supplication and desire thereof to the committee for the monies, to be taken into consideration by them for payment and satisfaction to the supplicant of the sums, losses and bygone arrears respectively above-mentioned as the committee shall think fit for his satisfaction.
[1645/11/246]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: To the most honourable the lords and others of the committee of dispatches, the humble desire of the officers and soldiers of the laird of Lawers' regiment, shows that since through their long continuance in your lordships' service and by the space of 16 months that they have been at Inverness and have received only half a month's pay there from the commissary there, as his accounts can testify, they have drawn themselves under great burden so that their credit is exhausted and they extremely impoverished and in extreme necessity. Therefore it is their humble desire that firstly, your lordships will be pleased to ordain that two months' pay may be given to the officers for defrayment of their bygone burdens and providing themselves with clothes and other necessaries according to the establishment in Ireland. Secondly, that 400 suits of clothes and 400 pairs of shoes may be provided and sent to the soldiers with half a month's pay. Thirdly, in respect monies cannot be presently had, your lords will be pleased to give an ordinance that the same may be paid so soon as monies can be had, and for that effect that they may be assigned to a fine for payment thereof. Which supplication and desire thereof being heard and considered by the estates of parliament, they remit and recommend the same supplication and desire thereof above-written and doing of the same to the committee for the monies, to be taken into consideration by that committee and to do relating thereto for the supplicants' satisfaction as the committee shall think fit.
[1645/11/247]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by James, earl of Tullibardine, bearing that his whole lands within the sheriffdom of Perth (as well as the land stocked with his own goods as that occupied by his tenants) are altogether spoiled, wasted and destroyed by James Graham, [earl of Montrose] and his assistants, that crew of cruel rebels, enemies to this kingdom, and that his lands of Redcastle within the sheriffdom of Angus are made altogether unprofitable to him by the rebels and by the excessive quarterings of our own forces, as the report of the commission appointed for trial of the supplicant's losses bears; in which report the same are found to extend to the sum of £129,165 7s 10d over and above the supplicant's losses of his lands of Redcastle, which are not yet investigated, and therefore desiring the parliament to take such course for the supplicant's reparation as in justice they shall think fit to do to him who has nothing left to live upon, and that the estates would appoint some of their number to hear the supplicant propose some overtures as by their consent will not be thought unprofitable by your lordships for his reparation, as the supplication also bears. Which supplication being upon 29 January read in audience of the parliament, the same was remitted, with such overtures as the supplicant should give in and condescend upon, to be considered upon by the several bodies at their meetings apart, and the same supplication, with the supplicant's overtures and the opinion of the several bodies of the estates relating thereto, being this day read in audience of the parliament and heard and considered by the estates of parliament, they do hereby give and grant full power and warrant to the said James, earl of Tullibardine, supplicant, and to his factors and chamberlains in his name for his use to collect, intromit with and uplift all and sundry the mails, ferms, kanes, customs, casualties, profits and duties of all and whole the lands and barony of Kincardine and Aberuthven, with the pertinents, sometime pertaining to James Graham and now pertaining to the estates of this kingdom through the forfeiture of the said James Graham. With power to the said earl of Tullibardine to hold courts upon the aforesaid lands as often and at such time as he thinks expedient, make and constitute bailies, create clerks, officers and other members of court necessary and to do every other thing necessary and requisite for making the aforesaid lands of Kincardine and Aberuthven, lying within the sheriffdom of Perth, and duties of the same useful and profitable to the said earl of Tullibardine and the tenants and possessors thereof liable and obedient to him likewise and in the same manner as the said James Graham before his forfeiture, or the estates of the kingdom as now become in his right and place, might have done; and to grant discharges to the tenants, which are hereby declared to be valid and sufficient to the receivers for their exoneration. As also with power to the said earl of Tullibardine to inhabit, hold and possess the houses, buildings and yards of the lands above-specified by himself or others to his use, and to take up the profit and commodity thereof, and ordain this right to endure and the lands and duties thereof to be possessed by the earl of Tullibardine until he be thereby paid of his losses above-specified, extending to £129,165 7s 10d, or to such time as the parliament or committee of parliament shall otherwise provide for the supplicant's reparation of the sum of his losses above-specified, allowing to him therein what he shall get or intromit with by this warrant and power granted to him hereby, which the estates of parliament declare is always without prejudice to the creditors and vassals of the said James Graham of their just debts and lawful rights, according to the act of parliament made in favour of the creditors and cautioners and vassals of forfeited persons; and this to endure until it be discharged by parliament or committee of parliament, to whom the earl is to be answerable to his intromission by virtue hereof.
[1645/11/248]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the desire of the supplication presented to them by James, earl of Tullibardine, craving that, in respect of his great losses sustained by him through the cruelty of the rebels and enemies of the kingdom, some course may be taken by the parliament for his subsistence and maintenance of him and his family, together with the opinion of the several bodies of the estates anent the aforesaid desire and overture given in relating thereto, namely: that it might please the parliament to assign to the supplicant some monies out of the fines whereby he may be enabled to live in the country, keeping his credit and saving his house and posterity from utter ruin. The said estates of parliament do hereby remit and recommend seriously in a special manner the supplicant, with his desire and overture above-written, to the committee for the monies, processes and fines, to be taken into consideration by them for the supplicant's subsistence and satisfaction as they shall think fit.
[1645/11/249]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: My lords and other commissioners of the honourable estates of parliament, to your lordships humbly means and shows I, your lordships' supplicant, Jean Durham, spouse to Mr Gilbert Stewart, that where the whole means I had to support myself and children, being for the unnatural rebellion of my said husband by your lordships' just command seized on by the garrison of Perth and the mails and duties of our lands arrested and as yet lies so restrained, so that for my innocent carriage, which God and all men knowing me can bear witness, I am reduced to extreme great misery and have nothing left me whereupon to maintain myself and my fatherless children unless your lordships take my case and condition to your Christian compassion. Therefore I beseech your lordships to consider hereof and to give warrant for restoring my money so taken and seized on by the said garrison of Perth, and to cause release the said arrestment on the duties of the said lands and to discharge any from collecting and intromitting with the same, that I may have some amount for maintenance of myself and children and may be enabled and encouraged to pray for your lordships' prosperous success, and your lordships' answer. Which being read in audience of the parliament and the same, with the desire thereof, being considered by the estates of parliament, the said estates, in respect of General Major Middleton's relation to the supplicant, grant the desire of the said supplication and therefore they do hereby give warrant for restoring to the supplicant her said goods and monies seized upon and taken from her by the garrison of Perth, and by this act release and discharge the aforesaid arrestment laid upon the mails and duties of her lands, and also discharge any from collecting and intromitting with the same that she may have some amount to support herself and children.
[1645/11/250]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: To the honourable court of parliament, the humble petition of Sir James Rollock, fiar of Duncrub, knight, shows that where it is not unknown to your honours how unhappily I became acted and obliged as cautioner for the late Sir William Rollock, my brother-german, to re-enter his person in ward within the tolbooth of Edinburgh between the date of the bond or act and the [...] day of [...], under the pain of £20,000, thinking thereby to have withdrawn him from the evil course he was upon; notwithstanding whereof and of the great confidence I conceived of my late brother's integrity for performance of all loyal duties to your honours and his native country, and likewise being all utterly ignorant of what conditions passed between the estates and the said Sir William, he, without any advice or knowledge of your supplicant, not only most unnaturally contravened the tenor of the said bond, but also has ensnared your supplicant through his becoming cautioner for him; and now since the said late Sir William has been of late apprehended and has deservedly suffered for his miscarriage, and that it is notorious and known that your supplicant not only has never had the meanest correspondence with the rebels nor their adherents, but also has been and yet still is most willing and ready to give all real testimony of his true affection in performing all duties incumbent for the good of the cause in hand, my humble desire therefore to your honours is that in consideration of the premises your honours might be graciously pleased to exonerate your supplicant of his engagement and cautionary and of the said bond or act of caution and sum of money contained therein, and your lordships' answer. Which supplication being read in audience of the parliament and the same, with the desire thereof, heard and considered by the estates of parliament, after that the same was heard in the several bodies apart, they exonerate and discharge the said Sir James Rollock of his engagement above-mentioned and of his becoming acted, bound and obliged as cautioner for the said late Sir William Rollock, his brother, to the effect aforesaid under the said pain and payment of £20,000 Scots. And also the estates exonerate and discharge the said Sir James Rollock of the aforesaid bond or act of caution and of the sum and pain of £20,000 above-written contained therein with all that has followed or may follow thereupon against the said Sir James Rollock, supplicant.
[1645/11/251]*[print] [email] [cite] [preceding] [following]
The which day compeared personally in presence of the parliament Charles, earl of Dunfermline and William, earl of Dalhousie and judicially submitted themselves anent the question between them concerning any ground, reason, right or interest the earl of Dunfermline has or can allege against the passing by the exchequer and delivering to the earl of Dalhousie of his signature of the mill of Kirkcaldy held by him of the king's majesty to the decreet arbitral and determination of Archibald [Campbell], marquis of Argyll and [James] Mercer of Aldie, judges chosen for the part of the earl of Dunfermline, and of William [Hamilton], earl of Lanark and Sir William Cochrane of Cowdoun, judges chosen for the part of the earl of Dalhousie, and in case of variance, to the decreet and determination of John [Kennedy], earl of Cassilis as oversman. With power to the said judges, and in case of variance to the oversman, to give forth their decreet arbitral and determination concerning the question and controversy aforesaid standing between the said earls of Dunfermline and Dalhousie, and to decide therein between now and 15 April next to come inclusive. Likewise both the parties, personally present as said is, judicially acted and obliged themselves to obey and fulfil the decreet arbitral and determination to be given anent the premises by the said judges above-named, or in case of their variance by the oversman himself alone, within the time above-specified hereupon either of the said parties to other, according to the tenor of the same decreet in all points without gainsaying thereto or appellation therefrom in any sort. With power likewise to the judges, or in case of variance to the oversman, to determine their decreet and determination to be given in the said matter to be registered in the books of council and session and to ordain letters and execution to pass thereupon at the instance of either of the said parties against each other for fulfilling thereof.
[1645/11/252]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: My very honourable lords of parliament, to your lordships humbly means and supplicates Mistress Lilias Napier, daughter lawful to the late Archibald [Napier], lord Napier. Whereas my late father, out of his fatherly love and care towards me, did in his own lifetime provide me by bond in a sum of money for my provision and portion natural, and now since his death, being destitute of parents, having nothing to look for but that sum for the advancement of my fortune when it shall please God the same shall offer, and in the meantime nothing but the interest and profit thereof to maintain me, and hearing your lordships are about to convey my father's estate for the use of the public, therefore I most humbly crave that your lordships will be pleased to take my hard estate and condition into consideration and thereby prescribe a solid way how I may be secured in the principal sum for my patrimony and of the profit and interest thereof for my necessary maintenance in the meantime, and your lordships' answer, as the supplication bears. Which supplication being read in audience of the parliament and the same, with the desire thereof, taken into consideration by the estates of parliament, they declare they will grant maintenance to the said Mistress Lilias Napier, supplicant, and for this effect they remit and recommend the same to the committee of monies, to be taken into consideration by them and to do therein as they think fit.
[1645/11/253]*[print] [email] [cite] [preceding] [following]
The which day Sir Adam Hepburn of Humbie, general collector and treasurer of the armies, did in all humility present to the estates of parliament convened in parliament the paper following, namely: Representations offered in all humility to the honourable and high court of parliament by Sir Adam Hepburn of Humbie, why he conceives himself not able to undergo the charge of general collector of the maintenance and treasurer of the armies. Firstly, in consideration of the inability of his body, he never having his health in any months together. Secondly, his unfitness or inability for these charges, as may appear by the great balance owing of the tax and loan, of the monthly maintenance and other public monies and rents, the necessities sometime of the committee to constitute other receivers of public money which has put the estate of this kingdom concerning matters of money and accounts to a great confusion. Thirdly, he conceives it not possible for him to bear the burden as treasurer of the armies both in England and Scotland, because the charge in England withdraws him from Scotland at least half of the year. Any of these employments requires a more able man for each of them than he is, and as he conceives no one man is able to do both. And albeit he has had deputes, the ablest men for such offices, yet experience teaches him and them that when they and he have done their best, a great part of the public business charged upon them is neglected. Fourthly, he does not esteem the burden so much in the pains of the persons of him and his deputes or difficulties in gathering in or dispensing of money as he fears the hazard of blame or imputation which may lie upon him, and then when business shall either really or in pretension miscarry for want of money to soldiers and provision to garrisons, for when they have done their utmost little money comes in, much is to be given out. Every man hears and may read the huge sums contained in the act of maintenance and many have their mouths filled with mountains of money rising out of fines, but few will see the coming in either of the maintenance or the fines. Fifthly, he finds many discouragements from particular persons who, when they do not get money where there is none to give them, they become displeased with him and his deputes, when God knows and many of themselves know it is not in his power to satisfy their desires. Sixthly, he finds obstructions made even by some members of this present session of parliament, disabling him to serve by taking upon themselves without order or warrant to discharge his deputes to pay him the money collected by them for payment of the meal and other provision furnished by noblemen, gentlemen and others for maintenance of the army, so that it cannot be expected he can be useful in that charge (albeit commanded by the parliament) whilst any one or two members of it, without authority, can discharge the only means whereby he is enabled to serve. Seventhly, he finds that many who are indebted either in maintenance or other public dues refuse to make payment at the appointed time, whereby the soldiers are neglected, or if those who are commissaries do advance money or take upon credit to supply the present necessity, they are frustrated of their relief because those who refuse to make timeous payment often makes shift to get themselves either freed of the payment or allowed upon some pretended reason or others whereby those who are public servants in that charge are put out of all credit. Which paper, with the articles above-mentioned, being read in audience of the parliament and the same heard and considered by the estates of parliament, they, notwithstanding thereof, ordain the said Sir Adam Hepburn to continue in his charge of general collector of the maintenance and treasurer of the armies.
[1645/11/254]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that John, earl of Kinghorn, John [Carnegie], lord Loure, [Patrick Maule], laird of Panmure, Sir Alexander Erskine of Dun and some other gentlemen of the sheriffdom of Forfar have borrowed upon their own security for annualrent the sum of 6,600 merks money of this realm toward the payment of the officers and furnishing of ammunition to that shire, and finding it reasonable that the persons engaged for that sum so seasonably and timeously advanced by them for the public service should be relieved by the other barons, freeholders and burghs of that shire, and themselves not solely and totally burdened therewith, therefore the said estates do enact, statute and ordain that the persons engaged in the said bond shall be relieved of the said principal sum and whole annualrents thereof by the heritors, barons, freeholders and burghs within that shire, and for that effect do ordain that the barons, freeholders and commissioners of burghs of that shire do meet and convene at any day or place to be agreed by them and stent the whole shire, both to burgh and landward, for payment of the said sum and whole annualrents thereof, and that letters of horning, poinding and other execution necessary pass upon the stent roll to be set down at that meeting against all or every person therein stented for payment of the sums thereby imposed upon any person or burgh. Which meeting of the shire to be appointed for stenting the commissioners for the burghs of Angus promised to keep and to observe the tenors of this present act upon this express provision and condition: that if in the said stent there should be any more burden imposed upon the said burghs royal or any of them than their just proportion, then it should be lawful to them to appeal from the meeting of the shire to the parliament or committee of estates for rectifying the inequality imposed upon them.
[1645/11/255]*[print] [email] [cite] [preceding] [following]
The paper or memorandum underwritten, whereof the tenor follows: Memorandum: Alexander Kirkton, provost of Jedburgh, and William Alie, bailie there, who were here before the committee of process and besides other things laid to their charge were found to have accepted a valid protection, since their going home have insulted again their minister, would be suspended from their offices until further trial; being represented in parliament to the estates thereof, they remit and recommend the same to [William Kerr], earl of Lothian, to be taken into consideration by him, to hear the parties relating thereto and thereafter to take such trial concerning the said persons as he thinks fit.
[1645/11/256]*[print] [email] [cite] [preceding] [following]
The estates of parliament considering that Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, Mr Roger Mowat [of Drumbreck], Mr Alexander Pearson, Mr James Baird and Mr Thomas Nicolson, advocates, have been employed by the committee of estates to serve the said estates in all actions, matters and affairs concerning their calling as advocates and procurators aforesaid, and that Mr Robert Dalgleish was employed as ordinary agent for the said estates, in which employment the aforesaid procurators and agent have discharged their duties faithfully and diligently, therefore the said estates of parliament approve of their carriage therein in all and every action of their said carriage preceding the day and date hereof, and also the said estates recommend to the committee for the monies to give them satisfaction for their pains taken by them in the actions, matters and affairs of the public; and further the estates do hereby seriously recommend to the committee of estates to think upon some mark of favour to be put upon the said Mr Thomas Nicolson answerable to his carriage and deservings in their employments.
[1645/11/257]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of Mr Simon Durie, minister at Arbroath, against Patrick Guthrie of Auchmuty, craving order from the parliament to any of the officers of the army to take and apprehend the said Patrick Guthrie or quarter upon his lands until he makes payment to the supplicant of the prices of 13 bolls and 2 firlots of meal, 2 bolls of wheat, 12 bolls of barley and 6 bolls of meal resting unpaid as a part of his stipend of the crops 1641 and 1642, together with the report of the committee for the bills relating thereto, after that the said Patrick Guthrie was cited and compeared not, they do hereby give warrant to any officer or commander to go with the sheriff of Angus or his deputes or with any of the magistrates of Arbroath or the magistrates of any other burgh the supplicant pleases in whose jurisdiction the said Patrick Guthrie remains, and ordain the officers to take such of their company with them as they shall be required, and to apprehend the said Patrick Guthrie by virtue of the supplicant's letters of caption raised against him, and to incarcerate him in ward or poind his goods at the supplicant's option until the supplicant be completely paid of the prices of the victual above-mentioned, according to his decreets obtained relating thereto; for the which this act shall be a sufficient warrant.
[1645/11/258]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the charges and expenses given out and disbursed by the New College of St Andrews in repairing the houses thereof for the accommodation and use of the parliament and committees of parliament during the times of their sitting in parliament and committees of parliament here at St Andrews, they do hereby ordain the said New College of St Andrews to be repaired of the same charges and expenses given out and disbursed by them for the use aforesaid, and for this effect the said estates seriously recommend to the committee for the monies to take in and receive the account of the aforesaid charges and expenses given out and disbursed by the New College for the cause above-specified, and after consideration of the same ordain the committee for the monies to see and cause the said New College be really paid of the aforesaid charges and expenses disbursed by them as said is; for the which this act shall be a sufficient warrant.
[1645/11/259]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration the present state and condition of the earl of Lothian's Irish regiment, occasioned by the public service of the kingdom, they do hereby seriously recommend the recruiting of the aforesaid regiment either by men or money to the committee of estates, to be taken into consideration by them for recruiting the same regiment either by men or money as the committee shall think fit.
[1645/11/260]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: To the honourable court of parliament, the humble supplication of George Buchanan of that ilk, shows that for my constant fidelity and affection to the cause in hand the enemies thereof have utterly destroyed, plundered and wasted my whole lands, tenants and servants and have left us no means of maintenance for livelihood, whereby we are brought to a very low and lamentable condition. Therefore my humble desire to your honours is to take mine and my poor ravaged people's distressed estate to serious consideration, and to take some solid and effectual course for our reparation, especially out of the estates and rents of those whose lands are adjacent to mine and have been chief instruments and actors in destroying me; and also to grant warrant to [Sir Adam Hepburn of Humbie], commissary-general, to account and pay me my bygone arrears for my regiment and officers thereof, and to give maintenance for my garrison in Buchanan for bygone and in time coming; and in the meantime to give warrant to the commissary-general or other your honours think fit that present maintenance be given to us for subsistence. Which supplication and desire thereof, with the opinion of the noblemen, barons and burghs relating thereto, which is that the supplicant and his desires aforesaid should be seriously and particularly recommended to the committee for the monies, being heard and considered by the estates of parliament, they do hereby seriously in a special manner recommend the supplicant, with his supplication and desire thereof, to the committee of the monies, to be taken into consideration by them for the supplicant's satisfaction as they shall think fit.
[1645/11/261]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by the rector and other members of the university of St Andrews, desiring the parliament to take some course and means for bettering the library of the university, and for that effect to dispose of the books belonging to the late Sir Robert Spottiswood (either acquired by himself or left to him in legacy by his late father) for the use of the said university and the better advancing of religion and learning therein, especially seeing it is well-known that both the said late Sir Robert Spottiswood and his father did wrong the university in borrowing books out of their library and not restoring thereof and otherwise retaining many books from the same, as the supplication bears. As also anent another supplication given in to the parliament by Sir David Crichton of Lugton, Sir Alexander Morrison of Prestongrange and Sir John Spottiswood of Dairsie, for themselves and in name of the other creditors of the said late Sir Robert Spottiswood, craving that no right nor warrant be granted of his books in prejudice of his lawful creditors, seeing it is more than notorious that whatsoever belonged to him will come far short of the supplicants' just debts and engagements, and if there remains anything free, commiseration would be had of the desolate estate of the deceased's four children, having nothing to maintain them, as this supplication also more fully bears. Which two supplications being read in audience of the parliament and the same, with the desires thereof, heard and considered by the estates of parliament, they out of their respect to the university of St Andrews and for a mark of their favour to that university give and convey to them the aforesaid books sometime belonging to the said late Sir Robert Spottiswood, either acquired by himself or left to him in legacy by his late father and now pertaining to the estates of this kingdom by his forfeiture, without prejudice to [William Keith], earl Marischal or any other lenders of any of the said books to the said late Sir Robert to have restitution of such thereof as pertain to them; and ordain all the books of the said late Sir Robert Spottiswood to be gathered together and the price thereof to be paid by the public, and the books to be delivered to the university of St Andrews for bettering their library, without prejudice as above. But in the meantime ordain the said books to remain where they are presently until the public give satisfaction thereof as said is. As also the estates of parliament, in further testimony of their respect to the university of St Andrews, ordain the new printed bible set out at Paris to be also bought upon the charges of the public and delivered to the university of St Andrews to be put in their library for the use of the university. Anent the which premises above-mentioned, the estates declare this act shall be a sufficient warrant.
[1645/11/262]*[print] [email] [cite] [preceding] [following]
The estates of parliament remit and seriously recommend to the committee for the monies the desire represented to the parliament for Lieutenant General Baillie, craving payment of his arrears due to him to be taken into consideration by the said committee for satisfaction and payment to him of his said arrears as they shall think fit.
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The estates of parliament, having heard and considered the report of that committee appointed by them for hearing and considering the supplication of Robert Lockhart, merchant, with the desire, verifications and instructions thereof, whereby he craves payment of the sum of 16,000 merks Scots money due to him by the public in manner mentioned in the supplication, the said estates find by the said report that there is justly resting owing and due to the said Robert Lockhart, supplicant, by the public the sum of £10,544 Scots money at the date hereof of principal sum and bygone annualrents, and therefore they ratify and approve the former acts of parliament and committee of estates, with the precepts, order and warrants made and granted in favour of the said Robert Lockhart for payment to him of the said sum and annualrents thereof, and ordain the same acts, warrants and precepts to stand in full force, strength and effect according to the tenors thereof in all points for payment and satisfaction to the said Robert Lockhart, supplicant, of the aforesaid sum of £10,544 Scots money and of the annualrent thereof in time coming until the payment; and further, and without prejudice to the former acts, warrants and precepts in any point thereof, the said estates do hereby give order, precept and warrant to the treasurer or collector general of the excise and his deputes to make payment to the said Robert Lockhart of the aforesaid sum of £10,544 Scots money and of the annualrent thereof until the payment of the same out of the first and readiest of the aforesaid excise due to the public; for the which this act shall be a sufficient warrant.
[1645/11/264]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: For the most honourable the estates of parliament of the kingdom of Scotland, the humble petition of Archibald, marquis of Argyll, shows that notwithstanding the many petitions and remonstrances given in to your honours concerning my heavy sufferings by the constant residence and cruel murders and burnings of the rebels upon my own and my vassals' men, tenants, servants and lands, yet no remedy is provided, whereby I am brought to more difficulties than any in the kingdom. Nevertheless, seeing God has honoured me in being an instrument (though in weakness yet with faithfulness) to bring his work of reformation in these united kingdoms to such a degree of perfection, I cannot complain at the Lord's dealing but must glorify him in all his ways and works, being made aware of his love by his chastisements. Yet I hope your honours will pardon me to challenge your care for relief and redress according to the mutual clause of our covenant, but lest I may seem partial for myself or by my example prejudicial to the public, my only earnest suit to your honours is that by actively prosecuting the service against the rebels these poor lands which belong to me may be freed, that so my hope and confidence may become perfect assurance to see my desire upon this kirk and kingdoms' enemies, and according to your honours' account of my faithful service I may have your testimony with express command to such as you employ for that effect to hear and fit my accounts, and take such course for the maintenance of the poor ruined people in Argyll, and give to me such part of that which shall be found justly resting as they shall think fit and may stand with the subsistence of your forces in this kingdom, which I shall ever prefer to my own interest. And that your honours would be pleased in the meantime to declare and ordain that I and those in Argyll who are liable in payment of any dues to the exchequer or of any debts or sums of money to those in rebellion shall be freed and liberated of the payment thereof to such time as we receive satisfaction for the great and unsupportable losses sustained by us for our fidelity and affection to the public and cause in hand. And likewise that the supplicant may be taken into consideration as others in their losses, and your honours' answer humbly I desire. Which supplication was upon 28 January last presented to the committee for the bills, and thereafter reported from that committee with their opinion relating thereto to the parliament, and then remitted by the parliament to be considered by the several bodies of the estates, and now being this day read in audience of the parliament, and the same, with the opinions respectively of the committee for the bills and of the several bodies, heard and considered by the estates of parliament, they do hereby earnestly and seriously recommend to the committee of estates and to the general officers of the forces within the kingdom that the rebels be speedily and actively pursued that the kingdom may be freed of them; as also the estates seriously recommend to the committee for the monies to hear and fit the supplicants' accounts and to take some effectual course for the maintenance of the poor people in Argyll, and in the meantime to give a proportional part to the marquis of Argyll (of that which shall be found justly resting to him) for his present subsistence, and to take his other losses into consideration with others of the same condition; and also the said estates of parliament declare the marquis of Argyll and those in Argyll who are liable in payment of any debts and dues to those in the rebellion to be freed and liberated, likewise they hereby liberate and free them of the payment thereof during the time of the troubles and until they receive satisfaction for the great and unsupportable losses sustained by them and that their lands be stocked; and as for the dues payable by the marquis and others aforesaid to the exchequer, the estates do hereby likewise seriously recommend the desire of the supplicants relating thereto to the commissioner for the treasury and to the exchequer, to take such course therewith as they shall think just and reasonable for the supplicants' satisfaction.
[1645/11/265]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament have ordained James, earl of Home and Robert, earl of Roxburghe to be enlarged and have liberty from their former several confinements and restraints, they becoming acted for themselves and each one of them as cautioners for each other, that they shall compear before the committee of parliament or before the parliament at such times and places as they or either of them shall be called, and that they shall be answerable for what can or may be laid to their charge, and also for their good carriage and behaviour in time coming and that they nor none of them shall be accessory to the doing of any thing to the prejudice of the estates of this kingdom and peace thereof, but that they and each one of them shall assist against the enemies of the same, each one of them under the pain of £100,000 Scots; according to the which ordinance the said James, earl of Home and Robert, earl of Roxburghe compeared personally and became acted and obliged, each one of them for themselves, as also each one of them as cautioners for each other in manner and to the effect before ordained, under the pain of the said sum of £100,000 Scots; as also to relieve each other hereupon of their becoming obliged as cautioners for each other to the effect aforesaid, in respect whereof the said estates of parliament do hereby enlarge the said James, earl of Home and Robert, earl of Roxburghe from their former several confinements and restraints put upon them, and declare them free thereof, and grant liberty and freedom to them and each one of them to pass and return for doing their lawful affairs notwithstanding of any restraint or former confinement put upon them and of their becoming acted for keeping thereof and of any bond of cautionary given for them or any of them for their appearance before the parliament or committee of parliament.
[1645/11/266]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament have ordained William, master of Gray, Sir John Carnegie of Craig, Sir Alexander Erskine of Dun and Sir James Ogilvie of Newgrange to be enlarged and have liberty from their former several imprisonments, confinements and restraints respectively, they becoming acted, each one of them for themselves, and the said William, master of Gray and Sir John Carnegie hereupon as cautioners for other, as also the said Sir Alexander Erskine of Dun and Sir James Ogilvie, each one of them cautioners for the other, that they and every one of them shall compear before the committee of parliament or before the parliament at such times and places as they or any of them shall be called, and that they and each one of them shall be answerable and liable for what can or shall be laid to their charge, and also for their good carriage and behaviour in time coming and that they nor none of them shall do nor be accessory to the doing of any thing to the prejudice of the estates of this kingdom and peace thereof, but that they and each one of them shall assist thereto to the utmost of their powers against the enemies of the same, each one of them under the pain of £10,000 Scots; according to the which ordinance the said William, master of Gray, Sir John Carnegie, Sir Alexander Erskine and Sir James Ogilvie compeared all personally and became acted and obliged, each one of them for themselves and as cautioners for each other as is before rehearsed, in manner and to the effect before ordained, each one of the said four persons under the aforesaid pain and sum of £10,000 Scots; as also to relieve each other hereupon of their becoming obliged as cautioners respectively for each other as said is, in respect whereof the said estates of parliament do hereby enlarge the said William, master of Gray, Sir John Carnegie of Craig, Sir Alexander Erskine of Dun and Sir James Ogilvie of Newgrange and each one of them from their former several imprisonments, confinements and restraints respectively put upon them, and declare them free thereof, and grant liberty and freedom to them and every one of them to pass and return for doing their lawful affairs notwithstanding of any imprisonment, restraint or confinement formerly put upon them and of their becoming acted for keeping the same confinement and of any acts or bonds of cautionary given for them or any of them for their appearance before the parliament or committee of parliament, which the estates, in respect of this present act, hereby rescind and discharge simply.
[1645/11/267]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the diligence and pains of Mr James Primrose in his careful attendance upon the former committee for the monies and faithful service as clerk to that committee during the space of six months of the sitting of the same committee for the monies, they modify and allow to the said Mr James the sum of 300 merks monthly for each one of the said six months for his pains in attending and serving as clerk to the said committee during that space; which sum and allowance of 300 merks monthly the estates of parliament do hereby appoint [Sir Adam Hepburn of Humbie], commissary-general, and his deputes to pay to the said Mr James for the said six months above-written out of the first and readiest of any monies pertaining to the public.
[1645/11/268]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the service of John Douglas, macer, in attending the former committee for the monies as macer for the space of six months, they modify and allow to him for his service and attendance as macer to the said committee during the aforesaid six months the sum of 200 merks; which 200 merks the estates of parliament by this act ordain [Sir Adam Hepburn of Humbie], commissary-general, and his deputes to pay to the said John Douglas out of the first and readiest monies pertaining to the public, for the which this act shall be a sufficient warrant.
[1645/11/269]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, taking into their consideration that there is resting owing to John, earl of Wemyss the sum of £540 for the price of 90 bolls of oatmeal at £6 the boll furnished and delivered by him to Patrick Ross, commissary at Perth, for the use of the forces there, according to the said Patrick's ticket of receipt of the said victual, they do therefore hereby ordain Sir Adam Hepburn of Humbie, treasurer of the armies, and his deputes to make payment to John, earl of Wemyss of the aforesaid sum of £540 out of the first and readiest of the bygone balance of the monthly maintenance, for the which this act shall be a sufficient warrant.
[1645/11/270]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of the committee appointed for considering the town of Dumbarton's supplication, and thinking upon means for satisfying the desire thereof anent the providing of victual, monies and other necessaries for maintenance of the regiment there, they ordain Mr James Campbell, provost of Dumbarton, with all expedition and convenient diligence to buy and provide 1,000 bolls of decent oatmeal and to lay in the same in Dumbarton for maintenance of the garrison there, which the said Mr James Campbell, present in parliament, undertook to do at such prices as the committee for the monies and he should agree. In respect whereof, the estates ordain the committee for the monies to cause make payment to the said Mr James Campbell of the aforesaid prices to be agreed upon between him and them out of the readiest of such monies pertaining to the public as may be most effectual for his payment and as the committee shall think fit, namely: out of the first and readiest of the fines of any within the sheriffdom of Dunbarton or out of the monthly maintenance as may be most effectual for his payment. And the estates grant allowance of 24s Scots per day to one man to attend and keep the magazine of the said meal and for receiving in and giving out and distributing thereof. As also the estates ordain an establishment to be made and set down for the officers' pay of the garrison of Dumbarton.
[1645/11/271]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of the committee appointed for providing meal to the garrisons and forces in Glasgow and condescending upon the ways thereof, they ordain George Porterfield, provost of Glasgow, to buy, provide and lay in in the town of Glasgow 2,000 bolls of good and decent oatmeal for the use and maintenance of the garrison and forces there at such rates and prices as the committee for the monies and he shall condescend and agree upon, and ordain the same meal to be bought and laid in with all expedition and convenient diligence, which the said George Porterfield, present, undertook to do. In respect whereof, the estates of parliament ordain the said committee for the monies to cause the said George Porterfield be thankfully paid of the price of the same 2,000 bolls of meal to be agreed upon between them and him out of the first and readiest of the fines of any within the sheriffdom of Lanark or out of the monthly maintenance as shall be most effectual for his payment. And the estates grant allowance of 24s Scots per day to one man to attend and keep the magazine of the aforesaid meal, receive in, give out and distribute the same. As also the estates ordain an establishment to be made and set down for the officers' pay of the garrison of Glasgow.
[1645/11/272]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of the committee appointed for condescending upon the ways for furnishing meal and laying the same in magazines for the use of the garrisons, they ordain Mr Robert Farquhar [of Mounie], late provost of Aberdeen, to buy, provide and lay in in the magazine within the town of Aberdeen the quantity of 3,000 bolls of good and decent oatmeal for the use and maintenance of the garrison and forces there at such rate and price as the committee for the monies and he shall condescend and agree upon, and ordain the same meal to be bought and laid in with all expedition and convenient diligence, which the said Mr Robert Farquhar, present, undertook to do. In respect whereof, the estates of parliament ordain the committee for the monies to cause the said Mr Robert Farquhar be thankfully paid of the price of the same 3,000 bolls of meal out of the first end and readiest of the fines of any within the sheriffdom of Aberdeen or out the monthly maintenance as shall be most effectual for his payment. And further the estates do hereby give order and warrant that no horse be quartered within the town of Aberdeen or freedom thereof, and ordain some of the foot who are quartered there to be removed to Old Aberdeen.
[1645/11/273]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, taking into their consideration that there is resting owing to the laird of Moncreiffe 59 bolls and 2 firlots of meal and to [...] Moncreiffe, his brother, 13 bolls and 2 firlots of meal at £6 the boll furnished and delivered by them to Patrick Ross, commissary at Perth, for the use of the forces there, they do therefore hereby ordain Sir Adam Hepburn of Humbie, treasurer of the armies, and his deputes to make payment to the said laird of Moncreiffe of £6 for each boll of the said 59 bolls and 2 firlots of meal furnished by him; as also to make payment to his said brother of the same price of £6 for each boll of the said 13 bolls and 2 firlots of meal furnished by him to the use aforesaid out of the first and readiest of the bygone balance of the monthly maintenance, for the which this act shall be a warrant.
[1645/11/274]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of the committee appointed for providing meal for the garrisons and forces, they ordain Patrick Ross to buy, provide and lay in in the town of Perth 3,000 bolls of good and decent oatmeal for the use and maintenance of the garrison and forces there at such rates and prices as the committee for the monies and he shall condescend and agree upon, and ordain the same meal to be bought and laid in with all convenient diligence, and ordain the committee for the monies to cause the said Patrick Ross be thankfully paid of the prices of the same 3,000 bolls of meal to be agreed upon between them and him out of the first end and readiest of the fines of any within the sheriffdom of Perth, or out of the monthly maintenance as shall be most effectual for his payment. And the estates grant allowance of 24s Scots per day to one man to attend and keep the magazine of the aforesaid meal, receive in, give out and distribute the same.
[1645/11/275]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of that committee appointed for hearing and considering the supplication given in by Alexander, lord Balcarres, desiring payment of the sums indebted to him by the public and for finding out and condescending upon some ways and means for his payment and satisfaction of the same sums; as also taking into their consideration that they by their act at Stirling, the [...] day of [...] last, did thereby assure the Lord Balcarres of a real remuneration for his faithful service done to his country, they do hereby ordain the lands of Gorthie and remaining other lands of his estate, with the pertinents, lying within the sheriffdom of Perth (sometime pertaining to [David] Graham of Gorthie and now pertaining to the estates of this kingdom by his forfeiture) to be sold and conveyed in all fit and suitable a way. Likewise the said estates by this act sell and convey the same to and in favour of the said Alexander, lord Balcarres and his heirs in payment and satisfaction to him of the sum of £20,000 Scots found due to him in the aforesaid report by the public of principal sum and annualrents thereof, by an act of the committee of estates granted in his favour for payment of the sums contained therein and in satisfaction of the aforesaid remuneration promised by the estates to him by their act at Stirling, and ordain the said Alexander, lord Balcarres to have charters and infeftments granted and passed to him under the great seal of the said lands of Gorthie and others above-written hereby conveyed which are held of the king's majesty and of the prince and presentations to be granted in his favour to the said [David] Graham of Gorthie by other superiors of such parts and portions of his lands as are held of any other superiors by the king and prince, to the effect the said Alexander, lord Balcarres may be thereupon validly infeft and seised in the aforesaid lands of Gorthie and others above-specified, with the pertinents, held of the king's majesty and prince and of the said [David] Graham of Gorthie's other superiors respectively likewise in the same manner and as freely in all respects and with the same tenendas and reddendo as the said [David] Graham of Gorthie held the same himself and as is contained in his and his authors' rights and infeftments of the same lands; and declare this act, with the disposition to be granted to the said Alexander, lord Balcarres hereupon and infeftments to follow upon the same, to be good and valid rights and securities to the said Alexander, lord Balcarres and to his heirs and successors for holding and possessing the aforesaid lands with the pertinents and intromitting with and uplifting the mails, profits and duties thereof. Likewise the parliament do hereby oblige the estates of the kingdom, in warrandice thereof, according to the act of parliament made anent dispositions and warrandice of forfeited lands, and to the effect the said Alexander, lord Balcarres may be validly and formally secured in the right of the aforesaid lands, the said estates remit and recommend and give hereby power to the committee of monies to cause form, grant, subscribe and deliver to the said Alexander, lord Balcarres a formal and valid disposition of the lands and others above-mentioned in ample form, with all clauses necessary, declaring the same to be a valid security of the aforesaid lands to the said Alexander, lord Balcarres in all time coming, without prejudice to the Lady Gorthie of her liferent right of the lands in which she is infeft; and also without prejudice to the creditors of her husband of the sums owing to them by him and other obligations in their favour and of their rights and interest which are reserved unprejudiced hereby, according to the act of parliament made in favour of the creditors and cautioners of forfeited persons, whose sums, bonds and rights, with the Lady Gorthie's liferent right, are declared by this act to be unprejudiced hereby or by the disposition to follow hereupon.
[1645/11/276]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication presented to them by Alexander, lord Balcarres, in name and on behalf of the officers and soldiers of that regiment, desiring order to be given for providing them with clothes at three yards for each soldier, as other regiments had when they were sent to England. Secondly, that some ready way be condescended how they may have that month's pay which instead of all that was promised to them is now ordained to be given to them. Thirdly, that for recruiting that regiment either 15 out of the shires may be appointed for each of the nine troops or that 3,000 merks may be given for recruiting each troop, which the supplicant obliges himself shall be employed to the right use. Fourthly, that order be given for 200 pairs of pistols to the regiment. Fifthly, that these 80 troopers of that regiment who want horses and yet are willing to serve may be mounted. Sixthly, that the parliament would be pleased to write to Lieutenant General David Leslie that the aforesaid regiment be not put to duty but quartered in some convenient place in England until they be provided as is before desired, as the supplication bears. The said estates of parliament remit and seriously recommend the aforesaid supplication and particular desires thereof above-mentioned to the committee of estates, to be seriously taken into consideration by them with the recruiting of General Major Middleton's regiment.
[1645/11/277]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of that committee appointed for [Alexander Lindsay], lord Balcarres' business concerning the sufferings and deservings of Alexander Strachan of Thornton, lieutenant colonel to the Lord Balcarres' regiment, and of Captain William Cockburn, rutmaster there, they remit and recommend the said lieutenant colonel and rutmaster, with their sufferings and deservings, to the committee of estates, to be taken into consideration by that committee for their satisfaction as the committee shall think fit.
[1645/11/278]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration the supplication of Alexander Strachan of Thornton, desiring that order might be given to cause deliver provision of arms, ammunition and victual for 30 men for keeping his house of [...] against the rebels for the good of the service and benefit of the country nearest adjacent thereto, which the supplicant obliges himself shall be kept for the use and service of the country; and also desiring that he may have some consideration for his bygone care and expenses in fortifying and keeping out the said house against the rebels to the benefit of the country thereabouts, as the supplication bears; the said estates do hereby seriously remit and recommend the supplicant, with his supplication and desire thereof aforesaid, to the committee of estates, that they may take such course concerning the aforesaid desires for the supplicant's satisfaction relating thereto as they shall think fit.
[1645/11/279]*[print] [email] [cite] [preceding] [following]
1. You shall presently proceed to our army in Ireland and contribute your utmost endeavours for bringing over for our assistance such part of our army in Ireland and on such conditions as we have agreed on, and that with all possible diligence.
2. You shall meet and concur with the commissioner that comes from England for settling all business concerning that army.
3. You shall do your best to satisfy George Munro with the grounds of our resolutions concerning him.
4. You shall deal with and advise them to land at such places as you shall think most fit for the service, and be careful that all necessaries be provided for them in these places.
5. You shall provide ships, boats and barks for transporting the army with all possible speed, to whom you shall give reasonable satisfaction. And if any such ships, boats or barks refuse, you have hereby power to press them.
6. You shall deal and agree with Sir Francis Hamilton to come over to Scotland with his regiment upon the same conditions as the other regiments from our army.
[1645/11/280]*[print] [email] [cite] [preceding] [following]
Right honourable, we have considered your demands and instructions sent over with Captain Drummond, to which we have given such answer as we hope will be satisfactory, and have sent [Archibald Campbell], lord marquis of Argyll, James MacDowall of Garthland and John Kennedy, provost of Ayr, to you with such propositions as we conceive fit for our service, to whom we desire you to give full trust in any thing that shall be proposed by them to you concerning that army and the service which so much concerns the good of this kingdom, in which we expect your ready concurrence; and so we rest.
[1645/11/281]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the paper underwritten, whereof the tenor follows: It is desired that the act in favour of the earl of Sutherland may be conceived in this fashion accordingly as it was agreed in parliament: that the estates of parliament, having heard and considered the desire of the earl of Sutherland's supplication craving that the monies, clothes and shoes appointed in general for his regiment of 800 men might be particularly condescended upon as is desired, namely: 800 suits of clothes and 800 pairs of shoes and 1,600 dollars money for the soldiers, with a monthly pay to the officers; and that [Sir Adam Hepburn of Humbie], commissary-general, shall be ordained to make payment and satisfaction to the earl of Sutherland of the aforesaid clothes and shoes and monies to soldiers and officers; as also to ordain Robert Gray of Ballone to muster the said regiment that, according to the number of men that he shall find the said regiment to consist of, they may be thereafter furnished as is aforesaid. The said estates agree to the aforesaid desire and do hereby alter and reform the aforesaid act in the terms and tenor before rehearsed and recommend to the committee of monies the payment of the aforesaid 1,600 dollars for the soldiers of the said regiment, with the month's pay to the officers thereof and furnishing of the clothes and shoes above-mentioned, to be taken into consideration by that committee for payment and satisfaction thereof to the earl of Sutherland to the use and effect above-specified as they shall think fit.
[1645/11/282]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered these desires following represented to them by James, viscount of Frendraught, namely: firstly, craving that it might be condescended how that garrison of 40 foot and 30 horse allowed to him by the committee of estates at Glasgow should be supported, and whether the same should be assigned to the treasurer of the army and his deputes or that he may have some other local assignation for effect. Secondly, desiring a present assignation of some fine for payment to him of £400 sterling, for the which he got a precept from the committee of estates at Glasgow for payment thereof to him for his present maintenance, subsistence and keeping of his credit, together with the opinion of the noblemen and of General Major Middleton relating thereto, the said estates of parliament do hereby seriously recommend the former two articles and desires above-specified to the committee of monies for the north, to take some effectual course for the supplicant's satisfaction anent these two desires above-mentioned as the committee shall think fit and expedient.
[1645/11/283]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament taking into their consideration the desire of Robert Murray, merchant in Paris, for his payment of the sum of £16,500 Scots paid out by him for relief of Sir Robert Moray, lieutenant colonel to the Scottish regiment of the guard in France, out of prison in France and contained in the said Sir Robert's bond of 28 April 1645 for payment of the said sum on 1 July the same year, with annualrent thereafter during the non-payment, and herewith also considering that John [Lindsay], earl of Crawford Lindsay, president of the parliament, did with the advice of the earls [John Kennedy, earl of] Cassilis, [John Maitland, earl of] Lauderdale, [William Hamilton, earl of] Lanark and of the lords [John Elphinstone, lord] Balmerino and [Robert Balfour, lord Balfour of] Burleigh engage himself for payment of the aforesaid sum to the said Robert Murray, and that the said earl of Crawford Lindsay does likewise adhere to the aforesaid desire for his relief of his said engagement, the said estates do therefore hereby recommend in a serious way and special manner to the committee for the monies the desires above-written, to be taken into consideration by the said committee for the said Robert Murray's present payment and satisfaction of the aforesaid sums due to him and for the said earl of Crawford Lindsay's exoneration and relief of his engagement above-written as the said committee for the monies shall think fit.
[1645/11/284]*[print] [email] [cite] [preceding] [following]
The which day Sir Adam Hepburn of Humbie, general collector and treasurer of the armies, did in all humility present to the estates of parliament convened in parliament the remonstrance following, namely: The humble remonstrance of Sir Adam Hepburn of Humbie to the honourable estates of parliament. Since your honours are pleased to command me to continue in my charge as treasurer of your armies and commissary-general of the kingdom, I conceive it incumbent to me to inform your honours of the condition of this kingdom in so far as concerns that charge and of my desires for enabling me to undergo the same. Firstly, besides my several remonstrances to the committee of dispatches and parliament, the committee appointed for that purpose, whereof [John Kennedy], earl of Cassilis was president, did show that the monthly maintenance could not do any more than provide meal for the garrisons and satisfy quarterings, and that thereby there was a necessity of providing £10,000 monthly for monies to officers and soldiers, buying of ammunition and defraying incident charges. Secondly, that the garrisons being at present all exhausted without a considerable stock of money I cannot provide for them. Thirdly, that by a report made by [Robert Balfour], lord [Balfour of] Burleigh it was shown to the honourable estates how impossible it was for me to serve in that place without sufficient deputes. Fourthly, that some of the collector deputes are to be changed and all to give new surety for their intromission and diligence and that letters for bringing in of the maintenance are to be printed, all which require time. Therefore it is my humble desire for enabling me to undergo the charge that firstly, some present course be settled and established how the sum of £10,000 sterling in money may be monthly provided. Secondly, that a stock of money be raised for providing the garrisons. Thirdly, that either the parliament would be pleased to nominate my deputes or move such to accept as I shall nominate. And fourthly, if any prejudice shall arise through the delay occasioned by the change of collectors and accepting surety from them and by the printing of the letters, it be not imputed to me, since it lies not in my power to prevent the same. These things being settled, I shall most willingly bestow my pains and endeavours in the service of the country, in expectation that if through the non-punctual performance of the premises any obstruction shall fall in the public service, the same be not imputed to me nor my deputes. Which remonstrance being read in audience of the parliament, the estates remit the first two articles to a committee; for the third, the parliament or committee of estates shall concur for causing the deputes accept; anent the fourth, ordain the Lord Humbie to do his diligence and the estates will not impute any prejudice to him. Likewise they remit the consideration of the whole remonstrance to the committee of estates. Thereafter the Lord Humbie craved that this paper above-written should be recorded in the books of parliament for his exoneration, which the estates of parliament ordain accordingly to be recorded.
[1645/11/285]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, whereof the tenor follows: To your lordships, the honourable estates of parliament, humbly means and shows I, your servant Robert Murray, merchant, factor, and having power and warrant from David Murray, tailor to his majesty, to uplift and receive the debts and sums of money indebted to him in Scotland, that where Patrick Ruthven, sometime earl of Forth, by his bond or ticket subscribed by him of 3 December 1643, has granted him to be justly indebted and owing to the said David Murray the sum of £400 of current English money, which sum of £400 the said Patrick Ruthven, sometime earl of Forth, obliged him, his heirs, executors and administrators by the aforesaid bond or ticket to pay to the said David Murray, his heirs, administrators or assignees, as the bond or ticket purports. And seeing the said Patrick Ruthven, sometime earl of Forth, is now forfeited in that session of this parliament held in June 1644, and his lands, monies and estate adjudged to pertain to the public, and that by an act of the same session of parliament it is statute and ordained by the estates of parliament that lawful creditors shall not be prejudiced of the payment of their just and true debts by the forfeiture of their debtors, therefore I humbly beseech your lordships, the honourable estates of parliament, that your lordships would be pleased to grant precept and warrant to [Sir Adam Hepburn of Humbie], commissary-general, and his deputes, or any other who intromits with the monies and means of the said Patrick Ruthven, sometime earl of Forth, or with the duties and rents and living sometime pertaining to him, to make payment to me as factor and having warrant from the said David Murray of the aforesaid sum of £400 sterling indebted to him by the said Patrick, sometime earl of Forth, according to his bond herewith produced, and your lordships' answer, as the supplication bears. Which supplication, with the opinion of the committee for the bills relating thereto, being read in audience of the parliament and the same considered by the estates of parliament (after it was seen by the several bodies apart), the estates of parliament do hereby grant the benefit of the aforesaid act of parliament made in the first session of this parliament in favour of the lawful creditors of forfeited persons to and in favour of the said David Murray and of the said Robert Murray, his factor, and having power and warrant from him to uplift and receive the aforesaid sum for payment to the said Robert as factor, and having power as said is of the said sum of £400 of current English money indebted by the said Patrick Ruthven, sometime earl of Forth, and instructed by the aforesaid bond or ticket produced granted by him for payment thereof to the said David Murray of 3 December 1643, according to the tenor of the aforesaid act of parliament and of the said bond or ticket in all points, notwithstanding that the same bond was not produced to the parliament or committee of estates before the giving in of the aforesaid supplication, in respect the said David Murray has his actual residence without the kingdom. And therefore the estates grant hereby precept and warrant to the commissary-general and his deputes, or any other intromitters with the monies and means of the said Patrick Ruthven, sometime earl of Forth, or with the duties and rents of the lands and living sometime pertaining to him, to make payment to the said Robert Murray as factor and having warrant from the said David Murray of the aforesaid sum of £400 sterling indebted to him by the said Patrick, sometime earl of Forth, according to the aforesaid bond and act of parliament above-mentioned made in favour of the creditors of forfeited persons, and that upon the said Robert Murray's discharge to be given and granted by him upon the receipt thereof as factor and having warrant as said is; for the which this act shall be a sufficient warrant.
[1645/11/286]*[print] [email] [cite] [preceding] [following]
Anent the overtures underwritten presented to the estates of parliament by James Mercer of Aldie, whereof the tenor follows: Overtures for disjoining the Perthshire troops from the other four of Galloway and making them into two regiments. Firstly, from the whole malignants' lands south of the River Forth that have not as yet put out horse and the shires of Angus, Kincardine and Aberdeen to be laid on by the committee. Secondly, proportionally so many horse out of these shires about where the four troops about Galloway were raised, and for the Perthshire troops so many from these shires about where they were raised. Thirdly, out of the fines of those who have harboured and who daily harbour runaways in the south country for [Thomas MacLellan], lord Kirkcudbright and about Perthshire for me. Fourthly, levy money for raising every one of us as three troops; we will levy the fourth upon our own charges. Which overtures, being considered by the committee of dispatches, that committee thought the disjoining of the regiment might be advantageous to the service, and being thereafter seen by the several bodies and this day the same, with the opinion of the several bodies relating thereto, being heard and considered by the estates of parliament, they approve the first overture concerning the disjoining of the Perthshire troops from the four troops of Galloway and making them into two regiments, and ordain the same two regiments to be recruited out of the whole malignants' lands south of the River Forth that have not as yet put out horse and out of the malignants' lands in the shires of Angus, Kincardine and Aberdeen, and ordain the same to be laid on by the committee of estates and recommend the doing thereof to that committee, to be done and laid on by them as they think fit.
[1645/11/287]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication given in to them by Sir Alexander Carnegie of Balnamoon and his tenants of the lands of [...] desiring payment or allowance of the damage sustained by him and his tenants by the soldiers of our own regiments in taking, eating and destroying of the said Sir Alexander and his tenants' corns and goods, extending to the value and quantities contained in the account of the verification thereof given in and produced with the said supplication, they do hereby remit and seriously recommend the aforesaid supplication and desire thereof, with the account and verification contained therein given in and produced with the said supplication, to the committee for the monies, to be taken into consideration by them for the supplicants' satisfaction as that committee shall think fit.
[1645/11/288]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordain the sum of 600 merks Scots to be presently paid to James Middleton, coronet, for his pains and expenses in coming and returning with letters to and from [Alexander Leslie, earl of Leven], lord general, to the parliament and committees of this kingdom, and attending upon the answering thereof by [Sir Adam Hepburn of Humbie], commissary-general, and his deputes, for the which this act shall be a warrant.
[1645/11/289]*[print] [email] [cite] [preceding] [following]
Whereas it was ordained by the parliament that [Sir Alexander Falconer of] Halkerton, the lairds [Sir Gilbert Ramsay of] Balmain and [Sir Michael Balfour of] Denmilne, with [John Lepar], provost of St Andrews, should regulate the prices for meat, drink and chamber rents for furnishing beds, fire and candle, these are to testify that the chamber rent is appointed to be for the master's bed 6s, the man's bed 4s, and fire and candle 6s every night from the down sitting of the parliament to the rising thereof, agreed upon by them, and that notwithstanding of any condition by the gentlemen themselves or their servants, and that this was done by all the aforenamed persons. I, Sir Gilbert Ramsay of Balmain, do testify by this act subscribed by my hand at St Andrews, 4 February 1646. Signed thus, G. Ramsay. Which order, being read in audience of the parliament, they interpose the authority of parliament thereto and ordain the magistrates of St Andrews to see the same orders put to execution.
[1645/11/290]*[print] [email] [cite] [preceding] [following]
The estates of parliament taking into consideration the carriage and well deservings of Sir John Brown of Fordell in the public service for the safety of the kingdom against the rebels and enemies thereof, and especially that in the repelling and routing of these forces that invaded the kingdom at Dumfries under the conduct of [George Digby], lord Digby and [...], together with the desire represented to the parliament on behalf of the said Sir John Brown relating thereto, they do hereby seriously and in a special manner recommend the said Sir John Brown, with his carriage, well deservings and desires relating thereto, to the committee for the monies, processes and fines, to be taken into present consideration by them for satisfaction of his deservings and desires as the committee shall think fit.
[1645/11/291]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by Mr John Williamson against Archibald Moodie, his brother-in-law, and Marion Masterton, his mother, desiring the renunciation made and subscribed by the said Mr John Williamson to and in favour of the said Archibald Moodie of the sum of 7,000 merks money and others contained therein might be declared null for the reasons and causes contained in the said supplication, or otherwise the said Archibald Moodie decreed to renew to the supplicant his former bond of maintenance, as the supplication in itself more fully bears. Which supplication and parties above-named (after that the parties complained upon were cited) being publicly called upon before the committee appointed for bills and supplications upon 15 January last, compeared personally the said Mr John Williamson, for himself, and also compeared personally the said Archibald Moodie, for himself and in name and on behalf of the said Marion Masterton, his mother, and Janet Moodie, his sister, spouse to the said Mr John Williamson, who being at length hereupon heard in presence of the committee anent what either of them could allege against the other against and in fortification of the said supplication and desire thereof, and the committee being well and ripely advised therewith and with the decreets and writs produced by the said Archibald Moodie against the said Mr John Williamson, the said committee for the bills and supplications, with consent of the said Mr John Williamson, personally present for himself, and of the said Archibald Moodie, also personally present for himself and in name and on behalf of his said mother and sister, ordain the said Mr John Williamson to have the sum of £6 Scots monthly for his maintenance; which sum the committee with consent aforesaid decree the said Archibald Moodie to pay quarterly to the said Mr John Williamson within the town of Dundee upon the first day of the month of each quarter, extending in money for each quarter to the sum of £18, beginning the first quarter's payment for the months of February, March and April 1646 instant, which the committee ordains the said Archibald Moodie presently to pay and deliver to the said Mr John Williamson for the three months above-written. As also with consent aforesaid ordain the said Archibald Moodie to provide the said Mr John Williamson presently with all conveniency one suit of clothes for supply of his present necessity relating thereto, with hose and shoes, and decree the said Archibald Moodie to pay to the said Mr John the aforesaid monthly maintenance of £6 monthly for the months of May, June and July next to come 1646, extending to £18 Scots to be paid the first day of May next within the town of Dundee as said is and so forth quarterly thereafter in time coming. And in respect that this is condescended to by the said Archibald Moodie at the desire of the said committee, notwithstanding of the former decreets both before council, session, commissaries and assemblies, and of the particular and general discharges granted upon the same by the said Mr John Williamson to the said Archibald Moodie whereby he is liberated in law of all that Mr John can ask or crave from him for any monies or means that pertains either to Mr John, his wife or children or otherwise, therefore the committee, with consent of the said Mr John Williamson, discharge him of all further troubling, pursuing or in any way vexing of the said Archibald Moodie and his said mother and sister directly or indirectly or others belonging to them in time coming. Likewise the committee with consent aforesaid declare that if the said Mr John Williamson shall fail herein, then Archibald Moodie and all other whom it concerns shall not only be free of the payment of the said monthly maintenance, but that also it shall be permissible to the said Archibald, upon the said Mr John Williamson's failure in not resting content with the payment of the monthly maintenance and other premises aforesaid, to incarcerate the said Mr John within the tolbooth of any burgh of this kingdom at the option of the said Archibald Moodie, to be supported there at what rate the said Archibald Moodie shall think fit under and within the monthly maintenance above-named. And the committee, with consent of the said Mr John Williamson, grant warrant to the said Archibald Moodie in case of the said Mr John's failure as said is to take and apprehend the said Mr John Williamson and incarcerate him within the tolbooth of any burgh of this kingdom at the option of the said Archibald Moodie. Which decreet and determination above-specified, being this day reported by the said committee in audience of the parliament and the same being heard and considered by the estates of parliament, they ratify and approve the aforesaid decreet in all the heads and points thereof above-written, and interpose the authority of parliament thereto, and ordain letters to be directed hereupon at the instance of either of the parties against the other for fulfilling the aforesaid decreet in the appropriate form.
[1645/11/292]*[print] [email] [cite] [preceding] [following]
A letter directed by James Stewart to the marquis of Argyll from Gleneagles, 3 February instant concerning the forces in those parts for the service of the country and their safety, provision and maintenance and anent the enemies; preparation and gathering to the prejudice of these forces, being read in audience of the parliament, the estates of parliament remit and recommend the same to General Major Middleton, to be taken into consideration by him, and ordain the marquis of Argyll and [William Keith], earl Marischal to represent the same letter and desires thereof from the parliament to General Major Middleton to take course relating thereto.
[1645/11/293]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the desire of the supplication presented to them by John Mayne, bow-maker in St Andrews, craving payment of the sum of £124 for the price and carriage of 120 lances made and furnished by the supplicant to [Alexander Lindsay], lord Balcarres' regiment, they remit and do hereby recommend the aforesaid supplication and desire thereof to the committee of the monies, to be taken into consideration by them for the supplicant's satisfaction as they think fit.
[1645/11/294]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the desire of a petition presented to them for Robert, earl of Ancram, craving recommendation to the parliament of England for payment of the bygone arrears of a pension of £1,200 sterling by year granted to him by his majesty or some considerable part thereof, and he put in a settled way of getting at the least the half of his pension yearly, otherwise he and his family will be brought to inexpressible necessities, as the petition more at large bears, they ordain two letters to be drawn up from the estates of parliament to the effect above-mentioned, one to the parliament of England and another to the Scottish commissioners at London, to deal earnestly with the parliament of England in favour of the supplicant for obtaining his desire aforesaid, and ordain both the letters to be subscribed by [John Lindsay, earl of Crawford Lindsay], president of parliament.
[1645/11/295]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordain the persons of those malignants and delinquents who are fined or are to be fined by the committee for the processes and whose fines are assigned to the officers of the army to be delivered to the said officers, to be kept by them until they be paid by the said persons of the said sums or fines imposed or to be imposed upon them, for the which this act shall be a warrant.