On the thirty ninth day of parliament
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Prayers said, rolls called.
The estates of parliament, having heard and considered these desires following represented to them by the committee for monies, namely: The committee represents to the parliament to know what is the proportion they shall borrow for the public use from liferenters since it is not cleared by former acts of parliament. Secondly, the committee represents to the parliament the great prejudice that occurs to the public service through the untimely payment of the fines and borrowed monies decreed to be paid in to the public, that therefore it may be recommended to General Major Middleton to command parties of horse or foot to quarter upon the lands of such as do not pay their fines and borrowed monies as shall be desired by the committee for the monies, provided always that such persons who are decreed to lend money to the public be first charged and denounced before they be quartered on. The said estates of parliament find and declare that the liferenters may be ordained to lend for the use of the public the half that the heritors are ordained to lend, according to the act of parliament made relating thereto, leaving a latitude to the committee for monies to mitigate the same according to the liferenters' age. As also the estates of parliament approve the second article above-written and ordain General Major Middleton to command parties of horse or foot to quarter upon the lands of such as do not pay their fines and borrowed monies as he shall be desired by the committee for monies, except for these fines that are either superseded by the committee and parliament or remitted to the parliament, provided always that such persons who are determined to lend money to the public be first charged and denounced before they be quartered on.
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The estates of parliament, having taken into their consideration the supplication of Marion Weir, the widow of the late Lieutenant Colonel James Bannatyne, desiring payment of the arrears due to her late husband for his service in England, extending to £400 sterling, as also craving an act declaring the arrears due to her said late husband for his service in Ireland, extending to £2,222 sterling to be a public debt of this kingdom, as the supplication more fully purports, they do hereby seriously recommend the supplicant with her supplication and desire thereof for payment of her late husband's arrears for his service in England to the committee at Newcastle, to be taken into consideration by them (with her late husband's deservings) for the supplicant's satisfaction as the committee shall think fit.
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Forasmuch as the estates of parliament, now convened in this sixth session of the first triennial parliament, having heard and considered the report of that committee appointed for taking course with the distresses and sufferings of the burgh of Inverness concerning the particular overtures following, they give answer thereto as follows, namely: to the first overture desiring that the town of Inverness and inhabitants thereof be either freed of all payment of the last 11 months' maintenance, loan and tax and such other public dues as are unpaid, or else that the same be allowed to them in part payment and to account of their losses and burdens; the estates of parliament agree to the last alternative of the article and ordain the aforesaid maintenance, loan, tax and such other public dues as are unpaid to be allowed to the town of Inverness and inhabitants thereof in part payment and to account of their losses and burdens, without prejudice of the act made in favour of [Sir Adam Hepburn of] Humbie for payment of his overspend of his Scottish accounts, but the estates recommend to the Lord Humbie the distressed estate of the town of Inverness. Item, to the second overture desiring to be freed of all kind of taxations and impositions during the garrison's abode amongst them in respect of their poverty, decay of trade, charges they have been necessitate to for equipping the fourth and eight man and in maintaining of a number of troopers at Speyside upon their own charges in1644 when the Gordons made their last break, the estates agree to this article and ordain any taxations and impositions to be put upon the town and inhabitants thereof to be allowed to them in part payment and to account of their losses and burdens. Item, to the third article, that the town be declared free of the remainder of the fourth man, seeing it is a garrison town and the townsmen are always employed in the defence of the town as well as the garrisons in respect of the largeness of the works, the estates agree to this article and declare the town free as is desired thereby. Item, to the fourth article desiring that David, Walter and James Robertson, three of the burgesses of Inverness, ordained by the committee of monies at Aberdeen to lend money to the public, may be declared free thereof and they and all other well-affected suffering men within that town freed from lending money to the public in time coming during the garrisons residing there, at the least that account may be made and fitted concerning the disbursements of the town and inhabitants, and the sums laid upon the three men above-named to be lent by them (which exceeds not £1,000 Scots) ordained to be allowed in the first end of the town's disbursements, the estates of parliament refuse the desire of this article, but they do hereby seriously recommend to the committee for the monies to give to the town of Inverness the sum of £1,000 Scots in place of the £1,000 craved by the article and to be allowed to the town in the first end of their disbursements. Item, to the fifth article, that the money and victual furnished by the town to the garrison and already acknowledged a public debt may be presently paid for their subsistence, the estates do hereby seriously recommend to the committee for the monies to provide and find out some speedy and effectual way for the town of Inverness's satisfaction hereof. Item, to the sixth article, that the town and inhabitants may be freed of all quarterings in respect of the garrison which is a greater burden than the town can bear, the estates grant this article and declare the town and inhabitants free of all quarterings. Item, to the seventh article craving that in respect of the extraordinary scarcity of fuel within the burgh the parliament would appoint the whole parishes within 12 miles of the town to furnish and send in to the town fuel for the use of the garrison as shall be thought necessary and condescended upon by the committee of war of the shire, the estates of parliament for answer to this article recommend to the committee for the monies to cause furnish and provide the town of Inverness with coal. Item, to the eighth article, that the parliament would desire the royal burghs to discharge the town of Inverness of all dues payable to them and of keeping their meetings in respect of the necessity the town is brought to, at the least that it be not further liable but according to the old stent roll notwithstanding of the alteration made at Perth, the estates of parliament do hereby seriously recommend the town of Inverness and the granting of the desire of this article to the royal burghs. Item, to the ninth article, that the liberty of the town may be distinguished from the garrison and the power of the governor from the power of the magistrates and difference made between the governor and magistrate, soldiers and burgesses or townsmen, that as the laws are separate so the government may be, and to enjoin that the governor and garrison may assist the town in what may concern the good and liberties thereof, that they may be in some measure encouraged to prosecute their former trade, the estates of parliament find this article and desire thereof most just and grant the same, and they recommend the several duties mentioned in the article to the governor and magistrates respectively of the town of Inverness. Item, to the tenth article, that in time coming the town and inhabitants be not pressed for either coal or candle to all regards whatsoever, either main guard or byguard, as was agreed to by the committee at Perth, the estates refuse this article, but ordain the town of Inverness and inhabitants thereof to have their relief and payment of the public for what coal and candle shall be furnished by them to the said guards. Item, to the eleventh article, that the town, burgesses and inhabitants be not burdened with the extraordinary carrying of victual or any other provision for the garrison as in times past, the estates for answer to this ordain the town, burgesses and inhabitants of Inverness to be repaid and satisfied by the public for what they shall do or bestow in the extraordinary carrying of victual or any other provision for the garrison. Item, to the twelfth article, that the poor townsmen be not now compelled as at the time when the enemy lay about the town with the upholding of other men's parts of the works, which is a burden in times past that lay very heavy upon them, the estates find this article and desire thereof just that the poor townsmen be not overburdened, and ordain the burden of the works and upholding thereof to be equally and proportionally laid on the whole shire, and ordain the committee of war of the shire to see the same performed accordingly, and that those who have not done duty relating thereto be ordained to do the same, and that the tolbooth be restored to the magistrates and the court of guard built. And lastly the estates of parliament remit and recommend the hearing and fitting of the town of Inverness's accounts to the committee appointed for the Lord Humbie's accounts, and ordain that committee to hear, consider, fit and allow the same accounts as they shall find just and reasonable, and thereafter to make report thereof to the parliament, that the parliament may take such further course relating thereto as they shall think fit.
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A letter in favour of Lieutenant General Baillie to the committee at Newcastle, with another in favour of General Major Ramsay and Major Bannatyne's widow, with another letter from the parliament to the English parliament in favour of the said General Major Ramsay, General Major Middleton and General Major Holburne, ordained to be drawn up, which were accordingly done, read and approved in parliament, with a letter to the committee at Newcastle in favour of Colonel James Kerr and Colonel Barclay and the same in favour of [William Ramsay], earl of Dalhousie and Lieutenant Colonel Mercer.
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The estates of parliament, having heard and considered the petition of Colonel Ludovic Leslie, bearing that at the first entry of the army in England he had the government of the town of Sunderland for [...] months, faithfully discharging that trust reposed in him, whereby he was drawn to much charges and expense, and being thereafter appointed governor of Tynemouth Castle, he laid out great sums of money in the necessary fortifications of that place and completing the works thereof, according to his accounts adjusted and allowed by the committee residing with the army, extending to the sum of £1,400 6s 10d, which in equity and reason he does humbly conceive ought to be repaid to him; and therefore desiring the parliament so far to regard the supplicant's constant affection and faithful endeavours for the good as not only to ordain him some reasonable recompense for his bygone service and his expenses during the time he had the said charge in Sunderland, but also to take such course for his speedy and effectual payment of the sum resting to him according to the account aforesaid as the parliament should think reasonable, as the petition purports. The said estates, in respect of the petitioner's faithful and noble carriage and well deservings in the discharge of the aforesaid trust and service committed to him, do hereby seriously recommend him with the petition and desire thereof above-mentioned to the committee at Newcastle, to be taken into consideration by them for his satisfaction as they shall think fit, both for his extraordinary charges and pains during the time of his government of Sunderland and Tynemouth respectively, and also that they take the speediest course that conveniently they may for repaying to him the said sum of £1,400 6s 10d, with the interest of the same since the time that he disbursed it, out of the first and readiest of the money that comes down for payment of the army.
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The estates ordain a letter of recommendation to be written from the parliament to the committee at Newcastle in favour of Mr James Primrose, clerk of the committee for the army, that he be satisfied for his former pains taken in that charge.
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The estates of parliament, upon consideration of Mr James Primrose's long and expensive attendance upon the committee with the army in England as clerk thereto, and of his faithfulness in the discharge of that trust during his employment, have thought fit to recommend, likewise they do hereby recommend him to the committee now appointed to attend that army, who are hereby desired to take special notice of his attendance and service aforesaid and to allow him towards the payment of the arrears resting to him for that service such a sum out of the £200,000 sterling now to be distributed to the army as to them shall appear just.
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The estates of parliament, taking into their consideration the petition of John, earl of Cassilis and John, lord Balmerino, showing that in 1639 they upon their private surety for the public use borrowed from James Short, burgess of Stirling, the sum of 8,000 merks, which was then assigned by the said James Short to Robert Dempster of Balbougie, which sum is given up and enrolled in the public accounts as a public debt of the kingdom; and therefore desiring the parliament to take some present and effectual course for satisfying the aforesaid sum that the supplicants' bonds may be retired, that they be not put to pay that which was employed for the use of the public, as the supplication bears. The said estates find and declare that the aforesaid sum above-written contained in the bond granted by the supplicants to the said James Short and assigned by him to the said Robert Dempster is a public debt and was borrowed and employed for the public use, and is enrolled and booked in the public accounts by the committee for the common burdens, and that the annualrent thereof is unpaid since Martinmas [11 November] 1642, and therefore the estates ordain the said John, earl of Cassilis and John, lord Balmerino, granters of the aforesaid bond for the sum above-mentioned, to be relieved thereof, and the same sum, with the annualrent thereof since Martinmas 1642 and until the payment, to be paid out of the first and readiest of the receipts, fines and borrowed monies due and payable to the public, for the which this act shall be a sufficient warrant.