On the ninety ninth day of parliament
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Prayers said, rolls called.
The estates of parliament, having heard and considered the supplication of James Hay of Muriefauld, showing that upon misinformation, without any lawful citation or hearing of him, he was fined by the committee at Aberdeen in the sum of 9,000 merks as a malignant, notwithstanding that he, having attended the said committee for the space of 14 days, urging to be heard for clearing himself, which he could not have, and being necessitated to go to the bowels about some urgent affairs of [Gilbert Hay], earl of Erroll, the said committee in his absence discerned him in the aforesaid fine of 9,000 merks in October last upon misinformation of the supplicant's carriage; for he, being accused to General Major Middleton as a malignant, the general major took particular notice of his behaviour and carriage and, after long trial and examination, he found the supplicant just and upright in the good cause and thereupon gave his testificate declaring the same, as the said testificate subscribed by General Major Middleton purports; and therefore desiring the parliament to take the premises into their consideration and that the supplicant may be heard and cleared in face of parliament or in presence of any committee thereof, that he being found innocent the aforesaid sentence given against him by some few of the committee of Aberdeen may be rescinded and declared null, as the supplication more fully bears. And herewith also the estates, taking into their consideration General Major Middleton's testificate anent his carriage, with the report of that committee appointed for hearing and considering the aforesaid supplication and of the supplicant's carriage mentioned therein, the said estates of parliament have remitted and discharged and do hereby remit and discharge the aforesaid fine and sum of 9,000 merks above-specified imposed upon the supplicant by the said committee at Aberdeen in October last and absolve him simply from this and of all payment thereof and from the aforesaid decreet and sentence above-mentioned whereby the said fine was imposed upon him, and by this act declare him liberated and free of the said sentence and payment of the fine and sum above-specified contained therein, which sentence the estates declare to be void and of no force nor effect with all that has followed or may follow thereupon in all time coming.
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The estates of parliament, taking into their consideration the good and faithful service of Mr John Chiesley, secretary to the commissioners at London, with his great pains and toil in his employments there, do therefore in recompense thereof modify and appoint to him the sum of £1,000 sterling to be paid readily and timeously out of the remainder of the brotherly assistance payable by the kingdom of England to this kingdom, warranting hereby his discharge upon the payment of the said sum to be a sufficient exoneration to the payers and to all others whom it may concern.
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To all generals, governors of towns and other officers and soldiers whatsoever by sea and land, and to all judges, justices and magistrates whatsoever and others of his majesty's subjects whom these do or may concern.
Whereas Sir William Stewart, one of the gentlemen of his majesty's privy chamber, is by warrant of the parliament of the kingdom of Scotland to proceed to the kingdom of England or any part thereof or to his majesty wherever he shall be for attendance upon his charge and service, these are therefore to desire you and every one of you to grant to him a free pass for himself, his servants, horses and baggage through your bounds, commandment or jurisdiction and to give to them your best aid and concurrence for the furtherance of their journey and to make no stop or trouble to them in their going or coming.
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The estates of parliament, taking into their consideration the supplication of the parishioners of Muckhart and Dollar, showing that the sufferings and losses sustained by them by the rebels and enemies of the kingdom after trial thereof was found to extend to £80,000 Scots or thereby, and that this being represented to the parliament at St Andrews, the parliament then ordained the sum of 20,000 merks to have been presently paid to the supplicants for their subsistence and towards the reparation of their losses, whereof they have got no payment as yet; and therefore desiring that they might have the aforesaid sum of 20,000 merks Scots paid to them out of the first end of the last £150,000 sterling due by the parliament of England to this kingdom, as the supplication more fully bears. The said estates of parliament find the aforesaid desire reasonable and grant the same, and therefore they do hereby grant right and assignment to the supplicants for payment to them of the aforesaid sum of 20,000 merks Scots out of the first end of the said last £150,000 sterling due by the kingdom of England to this kingdom, and give hereby precept, warrant and order for payment of the aforesaid 20,000 merks Scots forth thereof to the supplicants, or to any having their power and warrant to receive with this present act, and declare the discharge to be given by them, or any having their power and warrant, upon the receipt of the said 20,000 merks to be a sufficient exoneration relating thereto to the payers thereof and all others interested therein.
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The estates of parliament, taking into consideration the earl of Sutherland and his sufferings by [Donald MacKay], lord Reay and [John MacKay], master of Reay, with their adherents in the rebellion, with the report of the grand committee relating thereto, and herewith also considering the good carriage and constant affection of the earl to the good cause and safety of the country, the said estates do hereby seriously recommend to the general officers of the forces within the kingdom who command the same in chief that there may be a commanded party of 500 men thereof appointed to concur with the earl of Sutherland and his people for safety of him and them from the Lord Reay and master of Reay and their adherents, their incursions and depredations in time coming, and ordain these men to be furnished by the estates and that the officers commanding this party be men fit for the service and able to command the earl's own forces, consisting all of highlanders. As also that the general officers give order to the aforesaid commanded party to obey the said earl of Sutherland's orders and stay with him during the time of the trouble as the said general officers who command in chief shall think fit. And also seriously recommend to the general officers commanding in chief as said is to give commission and warrant to the earl of Sutherland for raising the adjacent shires for repossessing him to his lands and goods against the said Lord Reay and his adherents. And also the estates give hereby order and warrant to [Sir John Wemyss of Bogie], commissary-general, and his deputes to provide and maintain the aforesaid commanded party in all necessaries during the service according to the rest of the army and as a part thereof.
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The which day Sir Alexander Sutherland of Duffus, one of the commissioners of parliament, compeared personally in presence of the estates of parliament, now convened in this sixth session of the first triennial parliament, and, in name of John, earl of Sutherland and in his absence, produced the protestation underwritten, whereof the tenor follows: We, John, earl of Sutherland do protest hereby that whatsoever earls that have been cited, called or have voted or have been enrolled before me in this present parliament, their citing, calling, enrolling or voting may in no way be prejudicial nor derogate from my place or precedency therein. Which protestation of mine I hereby desire may be enrolled and registered in the books of parliament, to remain for future memory. Subscribed with our hand at the Canongate, 27 March 1647. Signed thus, J. Sutherland. Upon the production and reading of which protestation, the said Sir Alexander Sutherland of Duffus, in name and on behalf aforesaid, asked instruments.
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The estates of parliament, having taken into their consideration the supplication of Sir Robert Douglas of Blackerstone, showing that he had paid the sum of 18,000 merks Scots for two parts of the fine imposed upon him and desiring, in respect thereof and of the act of parliament made at St Andrews, that he may have deduction and allowance of the debts owing by him and for two troops of horse put out by him for his delinquency out of the third part and third term's payment of his said fine, as the supplication more fully purports. The said estates of parliament find the desire aforesaid reasonable and grant the same, and therefore ordain him to have allowance and deduction, which they hereby grant to him for what debts and troops of horse he shall testify by his oath were owing and put out respectively by him, according and conforming to the aforesaid act of parliament at St Andrews. And for this effect the estates of parliament remit to the committee of estates and do hereby give warrant to them to take the oath of the said Sir Robert Douglas, supplicant, anent the aforesaid debts owing by him and troops of horse put out by him for his said delinquency, and thereafter accordingly to grant deduction for the same to him in the aforesaid third part and third term's payment of his said fine, according to the said act of parliament at St Andrews, for the which this act shall be a warrant.
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The estates of parliament, taking into their consideration the report of the committee for processes and monies concerning the petition of Sir John Ogilvie of Inverquharity, craving the benefit of the assurance given to him by Major General Middleton that he should be unquestioned in his life and fortune notwithstanding of any course he had formerly been in or of anything done by him in relation thereto, in respect that, according to the said assurance, he had enacted himself for his good behaviour under the pain contained in the act made relating thereto, and that therefore the parliament would repeal and annul all sentences of the committee of processes whereby he is fined in any sums of money, and to discharge all execution thereupon and all assignations made thereof. The said estates of parliament do hereby exonerate and discharge the said Sir John Ogilvie of Inverquharity of all sentences of the committee of processes given against him whereby he is fined in any sums of money, and discharge the said fines mentioned therein and all execution for payment thereof and assignations made of the same, and declare him free of the said fines in respect of the aforesaid assurance given to him by Major General Middleton and of his becoming acted for his good behaviour, according thereto and under the pain contained in the act. And in regard thereof, the estates of parliament recommend to the committee of estates to supply the former assignments of the supplicant's fine by providing some effectual course for payment to those to whom that fine was assigned.
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The estates of parliament, taking into their consideration the supplication of John, earl of Traquair desiring the parliament to allow and give warrant to the keepers of the seals respectively to dispatch a signature procured by him under his majesty's hand, to himself in liferent and his son in fee, which was stopped at the great seal by [John Spottiswood], late pretended archbishop of St Andrews, who then had the charge thereof upon some private prejudice against the supplicant, the said estates of parliament do hereby allow and give warrant to the keepers of the seals respectively to dispatch the supplicant's signature and to append the seals thereto, for the which this act shall be a sufficient warrant.
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The estates of parliament, having heard and considered the report of the committee for monies concerning the supplication of Mr Roger Mowat of Drumbreck, advocate, anent the monies due to him by the public, they find by the report that there is due and payable to him at Candlemas [2 February] last 1647 £7,733 6s 8d Scots, and ordain the same to be paid to him by the public, with annualrent thereof until the payment, and that some effectual way may be taken for that effect. And in the meantime the said estates do hereby grant public surety for payment thereof to the said Mr Roger Mowat, his heirs, executors or assignees and they hereby oblige the estates of the kingdom for that effect. And also the said estates of parliament by this act grant exemption to the said Mr Roger Mowat from payment of maintenance for his lands within the sheriffdom of Kincardine or Mearns in regard of the report of his losses seen and allowed, and, for the supplicant's assurance of the aforesaid exemption from payment of monthly maintenance for his lands within the sheriffdom of Kincardine, the said estates ordain the maintenance due and payable for the supplicant's lands in that shire to be accounted and allowed as a part of that sum of the maintenance of the said shire of which the payment is appointed by the parliament to be suspended in manner mentioned in the act of maintenance; and in respect hereof the estates do hereby discharge [Sir John Wemyss of Bogie], commissary-general, and his deputes and all others, the collectors, subcollectors and others having public warrant for intromitting with and uplifting the maintenance of the sheriffdom of Kincardine, from all troubling, charging or in any way molesting the said supplicant and his lands and tenants within the sheriffdom of Kincardine for payment of the monthly maintenance or any part thereof due and payable for his lands therein, for the which the estates declare this act shall be a sufficient warrant. And likewise the estates ordain the said Mr Roger Mowat to be paid of what he has disbursed in lost mails and other charges since the making of the bargain for his 40 chalders of meal mentioned in the account produced and sold to the use of the public, which was at Lammas [1 August] last.
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The estates of parliament, taking into their consideration the supplication of James, duke of Lennox, showing that the king's majesty, for sums of money and cause onerous, in 1641 did set in tack to him during the space of 19 years the feu duties of Islay for the yearly payment of £500 Scots, and that the said tack has been unprofitable to him these various years past in respect of the troubles; and that also the parliament by their act have declared the feuars of Islay free of the payment of the feu duties for the whole years bygone resting unpaid and in time coming so long as the same lands be possessed by the enemy; and therefore desiring the parliament to find out such a convenient and speedy course as the supplicant may have payment of the equivalent of the said feu duty of Islay out of his majesty's rents and revenues of this kingdom for all years bygone resting unpaid and in time coming during the space aforesaid, and in the meantime to declare him free of the said tack duty of £500 of all years and terms bygone resting unpaid and in time coming during the enemies' possession of the said lands and the supplicant's want of the feu duties thereof, as the supplication bears. The said estates of parliament find and declare the said James, duke of Lennox, supplicant, to be free of the aforesaid tack duty of £500 payable by him to the exchequer for the said tack of the feu duties of Islay and that of all years and terms bygone resting unpaid and yearly and termly in time coming during the enemies' possession of the said lands and the supplicant's want of the aforesaid feu duties thereof. And also the said estates find and declare that the said duke of Lennox ought to have payment of the equivalent of the said feu duty of Islay out of his majesty's rents and revenues of this kingdom for all years bygone resting unpaid and in time coming during the space aforesaid, and for this effect the said estates do hereby seriously recommend to the treasurer and other lords of exchequer to take some effectual course for the supplicant's real payment of the equivalent of the said feu duty of Islay out of his majesty's rents and revenues of this kingdom for the years bygone resting unpaid and in time coming during the space aforesaid.
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John, earl of Crawford Lindsay, high treasurer of Scotland, protested in the contrary of the act of this date made in favour of the duke of Lennox for his payment of the equivalent of the feu duties of Islay out of his majesty's rents and revenues of this kingdom and for his liberation of the payment of £500 of tack duty for the feu duties of Islay, that he as treasurer and the lords of exchequer may be free from giving obedience to the said act.
Sir William Cochrane of Cowdoun, in name of the duke of Lennox, protested in the contrary of the said protestation.
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The estates of parliament, having heard and considered the supplication of Margaret Black, widow of the late William Utting, skipper, burgess of Anstruther Easter, showing that her late husband, with his ship and whole means above £9,121 Scots, was taken in the west part of England by Captain George Bowden, one of his majesty's frigates, and, being relieved, was killed in the country service at Kilsyth; and that the supplicant and her fatherless children are left destitute, having no means of maintenance and daily troubled and pursued for her husband's debts, and in respect hereof desiring some supply for maintenance of her and her children and protection against her husband's creditors, as the supplication bears. The said estates of parliament do hereby discharge all messengers of arms, officers and magistrates to burgh and land of all using and executing of any personal execution against the said Margaret Black, supplicant, for payment of any debts or sums of money indebted and owing by her said late husband for whatsoever cause and occasion until the next session of parliament, and also the said estates remit and recommend the supplicant with the distress and necessity of her and her children to the committee of estates, to be taken into consideration by them for the supplicant's supply as they shall find expedient.
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To all generals, lieutenant generals, admirals, vice admirals, commanders, officers, magistrates and governors of cities and towns, and all others whom it concerns by sea or land.
Whereas the bearer, Sir James Hamilton of Priestfield, is to proceed by the way of London beyond seas for his lawful affairs, these are to desire you and every one of you to grant to him and his servants free and safe pass to London by sea or land without trouble or impediment.
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The estates of parliament, having taken into their consideration the supplication of Sir Robert Bruce of Clackmannan, showing that after long and tedious consideration it has pleased God to grant the supplicant the insight and knowledge to invent a water work never formerly invented, heard nor seen for drying out all mine shafts filled with water within the kingdom, howsoever deep the sumps and size of water springs be within the same, and that by the supply of two men only going by paice, feise or swey†, thereby reducing the exorbitant charges of water works and engines presently used within the kingdom; and therefore desiring the gift thereof to the supplicant and his assignees by act of parliament, discharging all workmen, landed men and tacksmen of coals and coalworks and others whatsoever within this kingdom to counterfeit the said work without leave of the supplicant or his aforesaids, under the pain of [...] thousand merks money to be paid to the supplicant or his aforesaids by each contravener thereof within [...] days immediately after their counterfeiting of the same, with all execution needful to follow thereupon in their option; wherein if the supplicant be refused, in that case the secret of the aforesaid work will go with him to the grave, unknown by any, as the supplication purports. The said estates of parliament find the desire of the aforesaid supplication just and reasonable, and therefore they do hereby grant the gift of the aforesaid work invented by the supplicant for drying out all mine shafts filled with water within the kingdom to the said Sir Robert Bruce of Clackmannan and his assignees for the space of 19 years after the date hereof, and by this act discharge all workmen, landed men, heritors and tacksmen of coals and coalworks within this kingdom to counterfeit the said work without licence of the supplicant or his assignees being first given and obtained during the aforesaid space above-written, under the pain of [...] thousand merks money to be paid to the supplicant or his aforesaids by each contravener thereof within the space of [...] days immediately after their counterfeiting of the same; and ordain all execution needful to pass hereupon at the will and option of the supplicant and his aforesaids.
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The estates of parliament, having heard and considered the report of the committee appointed for considering the supplication of John, lord Yester anent the sums lent by him to the public and due and payable by them to him in manner and for the causes respectively mentioned in the said report, they find by the report that there is resting due and payable to the Lord Yester by the public of principal sums and annualrents the sum of £29,570 10s 8d Scots money, according to the said report, of which sum of £29,570 10s 8d the said estates of parliament ordain the sum of £20,000 Scots thereof to be paid and delivered to the said John, lord Yester, or any having his power and warrant to receive the same, out of the last £100,000 sterling due and payable by the parliament and kingdom of England to this kingdom, and for this effect the said estates of parliament do hereby grant right and assignment to the said John, lord Yester for payment to him, or to any having his power and warrant, of the aforesaid sum of £20,000 Scots out of the said last £100,000 sterling above-specified due and payable by the parliament and kingdom of England to this kingdom, without prejudice of prior assignments thereof. And, for his better and more ready payment of the aforesaid sum of £20,000 Scots, the said estates of parliament by this act grant precept and warrant for payment to the said John, lord Yester, or to any having his power and warrant, of the aforesaid sum of £20,000 Scots out of the said last £100,000 sterling above-mentioned, and that upon their acquittance and discharge to be granted upon the receipt of the same sum, which discharge thereof the estates of parliament declare to be a sufficient warrant and exoneration relating thereto to the payers thereof and to all others interested or who may be concerned therein.
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The estates of parliament, taking into their consideration the supplication of Gilbert, earl of Erroll, showing that it was thought necessary for his benefit that certain of his lands should be sold for relief of his burdens, and that thereupon the supplicant conveyed the lands of Urie to [William Keith], earl Marischal, and that the writs and evidents thereof and of certain others of his lands and teinds are in the hands of John [Lyon], earl of Kinghorn and some other persons, to whose custody he has committed the same, who refuse to deliver the said writs; and therefore desiring warrant to a macer or messenger of arms to charge the earl of Kinghorn, and the other persons to whose custody the said evidents and writs are committed, to compear before the parliament or committee of estates and to deliver the same to the supplicant or his curators. The said estates do hereby give precept and warrant to a macer or messenger of arms to warn and charge the said John, earl of Kinghorn, and such other persons as the supplicant shall condescend upon to whose custody his said writs and evidents were committed, to compear before the committee of estates the [...] day of [...], with continuation of days, and to exhibit and deliver to the supplicant and his curators all such writs and evidents as they or any of them has or was committed to their custody made or pertaining to the supplicant or to his predecessors or authors of the aforesaid lands of Urie or of any other of the said supplicant's lands or teinds, under the pain of rebellion, with certification etc.
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The estates of parliament, taking into their consideration the supplication of Colonel Alexander Hamilton, general of the artillery, showing the supplicant's constant care and attendance in the discharge of all duty incumbent, not only in his own charge but in every other thing wherein he was commanded, whereupon the committee of estates were moved by their act to give him assurance, not only to be put on an equal footing with the rest of the army but also for a recompense suitable to his deservings; and therefore desiring the parliament to take into their consideration the constant tenor of the supplicant's deportment in all public employments and accordingly to express their sense thereof and to declare in what capacity he does presently serve or what allowance or establishment is appointed for him. The said estates of parliament ordain those formerly appointed to speak with the English commissioners seriously to recommend the supplicant to them to deal for him with the honourable houses of the parliament of England and committee of both kingdoms, that he may be paid of his bygone arrears due for his service in Ireland. And also the estates of parliament remit and recommend to the committee of estates to set down an establishment to the keepers of the magazines of artillery. As also they do hereby seriously recommend to the said committee to find out some effectual way for the supplicant's real payment and satisfaction of those sums due to him by the public and that he may be satisfied for his pains of transporting the artillery to Ireland, according to the act of secret council made in his favour relating thereto.
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Forasmuch as the estates of parliament, taking into their consideration that they, by their act at St Andrews, 4 February 1646, found that there was due by the public to Charles, earl of Dunfermline for the price of 800 bolls of meal at Martinmas [11 November] 1645 the sum of £5,070 Scots money of principal sum and annualrents thereof to the said term of Martinmas 1645 for the price of the said meal, and did then by the said act oblige the estates of the kingdom for payment of the aforesaid sum, with the annualrent thereof until the payment to the said earl, and granted precept for that effect upon [Sir Adam Hepburn of Humbie], commissary-general and treasurer of the armies for the time, as the aforesaid act purports, which sum is not yet satisfied to the said earl of Dunfermline. Therefore the said estates of parliament, for the said earl of Dunfermline's further assurance and more ready payment of the aforesaid sum and annualrents thereof until the payment, do hereby grant right and assignment to the said earl of all monies to be borrowed for the use of the public from [...] Urquhart of Lethenty and [...] Turing of Foveran, which sums so to be borrowed from them and either of them the estates hereby ordain to be paid and delivered to the said Charles, earl of Dunfermline in payment to him of the aforesaid principal sum and annualrents thereof due to him by the public for as much. And for this effect ordain the decreet or ordinance to be given against the lairds of Lethenty and Foveran for lending of money to the use of the public to bear and discern the sums that are to be lent by them to be paid to the earl of Dunfermline for the effect above-specified, and if there be any surplus of the sums so to be lent by the two persons above-named more than pays the earl of Dunfermline, the estates ordain him to be accountable for payment of the same surplus and making it forthcoming to the use of the public. And in the meantime the estates ratify and renew the aforesaid former act and precept in the whole heads and points thereof in favour of the said earl of Dunfermline, according to the tenor of the same in all points.
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The estates of parliament, having heard and considered the petition of Sir Alexander Irvine of Drum, showing that he was discerned in payment of the sum of £50,000 for contravening and not giving obedience to an act of the committee of estates, in manner mentioned in the decreet given against him for the said sum by the parliament upon 18 March instant, as also that he is discerned likewise presently to lend to the public the sum of 9,000 merks Scots, and desiring that the parliament would be graciously pleased to commiserate his present estate and condition, and, upon consideration thereof, to grant such mitigation of the aforesaid failure and pain of contravention of the said £50,000 as may evidence to all that the aforesaid sentence does reach the supplicant more in compassion than in justice, as the supplication more fully bears. The said estates of parliament, after debate and voting, have modified and mitigated and do hereby modify and mitigate the aforesaid sum and pain of contravention of £50,000 Scots, with the said sum of 9,000 merks discerned to be lent by the supplicant for the use of the public, in all to the sum of 40,000 merks Scots, both for the pain and sum of contravention of £50,000 and the 9,000 merks discerned to be lent for the use of the public, which sum of 40,000 merks the estates of parliament decree and ordain the said Sir Alexander Irvine of Drum to pay and give present sufficient security for payment thereof to the persons for the use and at the terms following: namely they decree and ordain the said Sir Alexander Irvine of Drum to make payment or to give present sufficient security for payment to the widow and bairns of the late Alexander Pearson, bailie of Montrose, of the sum of 10,000 merks of the aforesaid 40,000 merks above-written at Whitsunday [6 June] and Martinmas [11 November] next to come by equal portions, namely: 5,000 merks at each one of the said terms. As also they ordain and decree the said Sir Alexander Irvine of Drum to lend and presently pay for the use of the public, according to the decreet and ordinance of the committee for the monies already given against him, the sum of 9,000 merks of the aforesaid sum of 40,000 merks above-specified, which sum of 9,000 merks they ordain him presently to advance and lend for the use of the public to be delivered to [Sir John Wemyss of Bogie], commissary-general, or his deputes. And lastly the estates of parliament decree and ordain the said Sir Alexander Irvine of Drum presently to pay or give present security for payment to Andrew, lord Fraser of the sum of 21,000 merks in complete payment of the whole 40,000 merks above-specified at the terms of Whitsunday and Martinmas 1647 by equal portions: that is to say 10,500 merks at each one of the said terms, which sum of 40,000 merks above-specified, being paid or sufficient security given for payment thereof at the terms and in manner respectively before rehearsed, the estates declare to be in full satisfaction of the aforesaid pain of contravention of £50,000 and borrowed money above-specified and of the decreets formerly given against him for the same; and in the case aforesaid declare him to be free thereof with all that has followed or can follow thereupon in time coming, and ordain letters to be directed hereupon (if need be) in the appropriate form to the effect before rehearsed. And the estates declare that the said sum of 21,000 merks above-specified appointed to be paid to the Lord Fraser is allowed and ordained to be given to him towards the reparation of his losses and for his present subsistence.
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The estates of parliament, having heard the report of that committee appointed for [Sir Adam Hepburn of] Humbie's accounts, to whom the revising of the accounts of Robert Gray of Ballone, commissary of the northern shires, was referred to be considered and revised, concerning the aforesaid accounts of the said Robert Gray of Ballone they have remitted and do hereby remit the aforesaid report of the said Robert Gray of Ballone's accounts, together with the same accounts, charge and discharge and instructions respectively of the same, to the committee of estates, to be heard, considered, revised and advised by them, with power to the said committee to determine relating thereto as they, after revising, trial and consideration thereof, shall find just and reasonable.
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The estates of parliament, taking into their consideration the fine of £18,000 Scots imposed upon Sir William Cunningham of Caprington according to the rule of classes prescribed by the act of parliament at St Andrews for his delinquency, and herewith also considering the burden of his debt and inability to pay the said fine, his whole land rent not being able to pay the public burdens and the two part of his annualrents, together with the report and opinion of the committee for processes and monies concerning the laird of Caprington's said fine, burden of debt, inability to pay the fine and former carriage, with his constant attendance upon public employments since the beginning of these troubles, testified by the committee of the shire where he lives, and that he sent out his nearest kinsfolk and household servants in the country's service with their army at Philiphaugh, himself becoming in the enemies' power, which hardly he could eschew, the said estates of parliament, in respect of the aforesaid premises, do hereby dispense with the aforesaid fine and renounce and liberate the same to him, and declare him liberated and free of all payment thereof and of the decreet and sentence given against him relating thereto with all that has followed or may follow thereupon for payment of the aforesaid fine of £18,000 above-mentioned, which they hereby discharge in his favour.
[1646/11/555]*[print] [email] [cite] [preceding] [following]
The estates of parliament, with consent of Alexander Brodie of that ilk, ordain the declaration after-mentioned to be inserted in the ratification granted by the parliament in favour of the laird of Brodie, ratifying the act of the committee of estates of 20 May 1646 passed in his favour, of which declaration the tenor follows, namely: The estates of parliament declare that the aforesaid act and ratification thereof shall in no way be extended against Ninian Dunbar of Grangehill, nor his heirs and successors, nor against any rights of multures, nor against any other rights, indentures, actions or other writs or securities personal or real pertaining or competent to him for himself or as heir or apparent heir to any of his predecessors. Whereupon the said Ninian Dunbar of Grangehill asked instruments, and further protested that the aforesaid ratification, with all that might follow thereupon, should be without prejudice of any just ground of pursuit and action that could be moved or intended by any gentleman or heritor within the sheriffdom of Elgin and Forres upon any writ or evident against the said Alexander Brodie or his heirs and successors, for himself or as heir to any of his predecessors, unprejudiced by the aforesaid act and ratification thereof. And the said Alexander Brodie of that ilk protested in the contrary of the aforesaid protestation made for the shire and that the act above-mentioned passed in his favour, with the ratification thereof, together with his and his predecessors' 40 years' possession of the lands, teinds and others specified therein and act of prescription in 1617, should be a sufficient ground and right to hold and possess the said lands and others aforesaid.
[1646/11/556]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of Colonel Robert Home, desiring that he should not be removed from his charge as governor of Inverness until first his bygone arrears be paid and he thanked for his bygone service, as the supplication at more length purports, they find the desire of the aforesaid supplication just and reasonable, and therefore they do hereby appoint and ordain the said Colonel Robert Home to continue still in his charge as governor of Inverness until his bygone arrears be paid and he thanked for his former service, for the which the estates declare this act shall be a sufficient warrant.
[1646/11/557]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering the needless charges that his majesty's good subjects are put to (who comprise their debtors' lands) by using and executing letters and charges of four forms upon their comprisings against the superiors of the lands comprised for infefting the comprisers therein, the estates, for remedy hereof, statute and ordain that all letters and charges raised or to be raised upon comprisings already carried out or to be carried out shall be executed hereafter against the superiors of the lands and others comprised for infefting of the said comprisers therein upon a simple charge of 21 days only, which the estates declare to be as sufficient in all respects as the former charges given upon comprisings by virtue of the letters of four forms, which are now hereby discharged in time coming.
[1646/11/558]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into consideration the supplication of John [Fleming], earl of Wigtown, David [Carnegie], earl of Southesk, David Graham of Fintry and Mr James Graham of Monorgan, for themselves and in name of the rest of the creditors of the late earl of Montrose, showing that by acts of parliament and committee of estates the estate of James Graham, late earl of Montrose has been appointed to be sold for relief of his cautioners and payment of his debts, and that notwithstanding thereof warrant is given by the parliament to [James Murray], earl of Tullibardine to sell the wood of Kincardine for his own use, which will prejudice the sale of the lands more than the worth of the wood; and therefore desiring that the warrant may be recalled and all execution thereupon stayed until the general order appointed for selling the estate be first agreed and concluded, as the supplication purports. The said estates of parliament ordain and allow that what is already cut of the aforesaid wood of Kincardine shall be disposed upon by the earl of Tullibardine for his own use in payment to him for as much of the sums contained in the act granted in his favour, and restrain and discharge the cutting of the aforesaid wood of Kincardine in time coming in prejudice of the sale of the lands. But the estates declare that the lands being sold and [Archibald Campbell], marquis of Argyll satisfied, that the wood shall be hypothecated or price thereof to the said earl of Tullibardine for his assurance and payment of the sum of £5,000 Scots as the price of the said wood, accounting always therein as a part thereof that which the earl of Tullibardine has got or shall get for that which is already cut of the said wood.
[1646/11/559]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication of Jacob Buret, eldest son to the late Jacob Buret, one of the Gina company, showing that the late David Jonkin, merchant in Edinburgh, by his bond of 10 March 1638 obliged him to pay to the supplicant or his said late father or either of them £293 10d sterling and £20 sterling of penalty, and that the widow and executors of the said late David Jonkin intend to suspend the aforesaid bond; and therefore desiring to discharge the passing of any suspension or else to remit the discussing thereof to the commissaries of Edinburgh, that the supplicant, who is a stranger, be not delayed. The said estates of parliament, in respect that the supplicant is a stranger and is necessitated to go out of the country, do therefore hereby discharge the lords of session to pass any suspension against the bond above-mentioned and execution thereof in favour of the widow, heir or executors of the said late David Jonkin except under the hands of three of the said lords of session, and ordain these lords to cause warn the party when the bill of suspension shall be presented to them, and thereupon to hear the parties anent the reasons of the said suspension and to discuss the same reasons albeit the session be not sitting. For doing whereof the said estates of parliament give hereby power and warrant to the said lords of session (or any three of them) albeit the session be not sitting as said is, with the which the estates of parliament by this act dispense.
[1646/11/560]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, taking into their consideration the supplication of Archibald, marquis of Argyll, showing that the estates of parliament, by their act of the date the [...] day of [...] 1644 and by their other act of the date the [...] day of March 1645, upon consideration of the great sums of money then due and indebted to him by the kingdom, did appoint some ways for his payment and relief in manner mentioned in the said acts, whereof he had not occasion as yet to reap the benefit thereof; and therefore desiring that the parliament would declare the said acts to stand and to be unprejudiced by any acts granted in favour of any persons since, and that the supplicant may enjoy what was allowed to him by the said acts, according to the tenors thereof, as the supplication bears. The said estates of parliament find the desire aforesaid of the said supplication just and reasonable and grant the same, and therefore they ratify and approve the aforesaid two acts above-mentioned granted in favour of the supplicant of the dates above-written in the whole heads, articles and clauses thereof and according to the tenors of the same in all points; and declare and ordain the said acts to stand in full force, strength and effect, according to the tenors of the same which are of the dates before rehearsed, and to be unprejudiced by any act granted in favour of any person since, and that the supplicant may enjoy what was allowed to him by the said acts, according to the tenors thereof, without prejudice of prior assignments before the dates of the two acts above-written hereby ratified.
[1646/11/561]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that they by their act at St Andrews of 4 February 1646 ordained the committee for the monies to make payment to Alexander, earl of Eglinton of the sum of 24,260 merks Scots money and annualrents thereof indebted to him by the public, likewise by their act of 24 February last they had assigned to the earl of Eglinton as much of [Sir Alexander Irvine], laird of Drum's pain and fine of contravention incurred by him for breaking the bond given by him for his good behaviour as would pay the earl of Eglinton of his sum above-mentioned, reserving to the widow and bairns of the late Alexander Pearson and others pretending interest their rights to the laird of Drum's contravention; and herewith also considering that the pain of contravention incurred by the laird of Drum is since then otherwise disposed upon, the said estates of parliament do therefore hereby most seriously recommend the earl of Eglinton for his payment of the aforesaid sums and annualrents thereof due to him by the public to the committee of estates, to take some effectual course for his satisfaction and payment of the said sums principal and annualrents indebted to him by the public as said is, according to the former acts granted to him thereupon for his said payment, which as yet has proven useless to him, without prejudice of the payment of the army and of former assignments.
[1646/11/562]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication of Margaret Crawford, widow of the late Lieutenant Colonel William Crawford, showing that there rests due to her as widow what is owing to her late husband for his month's pay at Philiphaugh and for his arrears due for his service in England, and desiring order to Colonel Fraser to make payment to her of the aforesaid arrears due for her late husband's service, and that the parliament would bestow upon her what further satisfaction they of their bounty should think good in consideration of the loss of her husband. The said estates of parliament ordain the said Colonel Fraser to pay to the supplicant what is due for her late husband's arrears for his service in England, together also with her late husband's month's pay for his service at Philiphaugh, and remit and recommend the supplicant to the committee of estates for the other part of the desire of her supplication anent the consideration craved by her for the loss of her husband in the country's service, to be taken into consideration by the said committee and with power to them to do therein as they shall find just and reasonable.
[1646/11/563]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the report of that committee appointed for revising bills and supplications concerning the supplication of Sir Gilbert Ramsay of Balmain, for himself and on behalf of his eldest son and tenants, showing their sufferings and great losses and craving reparation thereof, the said estates modify and allow the sum of £500 sterling to be given to the supplicants for their present subsistence and towards the reparation of their losses in addition to the 4,000 merks Scots formerly granted by the committee of processes to the said Sir Gilbert Ramsay for his subsistence, which sum of £500 sterling the estates of parliament ordain to be paid to the said Sir Gilbert Ramsay, for himself and in name and on behalf aforesaid, out of the last £100,000 sterling due and payable by the parliament and kingdom of England to this kingdom. And for this effect the estates of parliament do hereby grant right and assignment to the said Sir Gilbert Ramsay, for himself and on behalf aforesaid, for the said sum of £500 sterling to be paid out of the aforesaid last £100,000 sterling above-mentioned, without prejudice of former assignments thereof, and by this act grant power, precept and warrant for payment of the said £500 sterling out of the said last £100,000 sterling above-written to the said Sir Gilbert Ramsay, for himself and on behalf of his said son and tenants, or to any having his power and warrant to receive the said sum upon his or their discharges thereof, whose discharges of the same the estates of parliament declare shall be a sufficient exoneration relating thereto to the payers thereof and to all that are interested or may be concerned therein. And also the estates of parliament, considering that the sum of 1,000 merks of the former 4,000 merks above-mentioned was ordained to be paid to the supplicant by Robert Pringle of Stichill, who has suspended the same or purchased act of this session of parliament delaying the payment thereof and all execution for that effect, the said estates do therefore hereby rescind, discharge and make void all acts and ordinances made in favour of the said Robert Pringle of Stichill delaying or staying the execution and payment of the said 1,000 merks to the supplicant, and ordain the former decreets and warrants granted in favour of the supplicant for that sum and for the other 3,000 merks above-specified to have effect and to be put to further execution against the persons and parties mentioned therein for payment of the said sums respectively contained therein to the said Sir Gilbert Ramsay, supplicant, for the which this act shall be a warrant.
[1646/11/564]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of said committee appointed for revising the bills and supplications presented to the parliament concerning the supplication of John Lindsay of Edzell and Margaret Wishart, widow of the late David Lindsay of Edzell, for reparation of their losses, extending to £99,895 11s 4d Scots money, and in the meantime to have their lands freed from all public dues, the said estates of parliament modify and allow the sum of £20,000 Scots to be given to the supplicants for their present subsistence and towards the reparation of their losses, which sum of £20,000 Scots the said estates ordain to be given and paid to the said John Lindsay of Edzell and Margaret Wishart, widow of the said late David Lindsay of Edzell, or to any having their power and warrant, out of the last £100,000 sterling due and payable by the parliament and kingdom of England to this kingdom. And for this effect the estates of parliament do hereby grant right and assignment to the supplicants for the said sum of £20,000 Scots to be paid to them, or any having their power and warrant, out of the aforesaid last £100,000 sterling due by England to this kingdom as said is. And, for their more ready payment of the said sum of £20,000 Scots, the said estates of parliament by this act grant precept and warrant for payment of that sum of £20,000 Scots to them, or to any having their power and warrant to receive the same, out of the aforesaid last £100,000 sterling above-mentioned due and payable by the parliament and kingdom of England to this kingdom, and that upon the discharges of the said supplicants, or any having their power as said is, upon the receipt of the aforesaid sum, whose discharges thereof the estates of parliament hereby declare to be a sufficient warrant and exoneration relating thereto to the payers thereof and all others interested or who may be concerned therein.
[1646/11/565]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the report of the committee appointed for revising of bills and supplications concerning the supplication of David, lord Cardross for present maintenance and reparation of his losses, amounting nearly to the sum of £15,000 Scots, the said estates modify and allow the sum of £250 sterling to be given to the said David, lord Cardross for his present subsistence and towards the reparation of his losses, which sum the estates of parliament ordain to be paid to him, or any having his power and warrant to receive the same, out of the remainder of the brotherly assistance yet due and payable by the parliament and kingdom of England to this kingdom and not formerly assigned. And for this effect the estates of parliament do hereby grant right and assignment to the said David, lord Cardross for the said sum of £250 sterling to be paid to him, or any having his power and warrant as said is, out of the remainder of the aforesaid brotherly assistance yet unpaid and not formerly assigned as is aforesaid, and by this act grant precept and warrant for payment to the said David, lord Cardross, or to any having his power with this present act, of the aforesaid £250 sterling out of the said brotherly assistance, upon his or their discharges to be granted upon the receipt of that sum, whose discharges thereof the estates of parliament declare shall be a sufficient exoneration to the payers and all others interested or who may be concerned therein.
[1646/11/566]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication of Mr William Dunbar, commissioner for the burgh of Forres, desiring his losses and present hard condition to be taken into consideration and remedy provided, being frequently plundered by the common enemy and taken captive by the captain of the Clanranald, where he was kept in ward and guarded until he contracted debt to ransom himself, as the supplication bears, together with the report of the committee for bills and supplications concerning the supplicant and his desire aforesaid, the said estates of parliament modify and allow to the said Mr William Dunbar, supplicant, the sum of 1,000 merks Scots to be given to him for his present subsistence and towards the reparation of his losses, and, for payment hereof, they do hereby seriously recommend him to the committee of estates to take some effectual course for his payment out of the fines of malignants or by such overtures as he shall give in and condescend upon for his own payment, with reservation of the maintenance of the army and of [Sir Adam Hepburn of] Humbie's act and payment and other former assignments.
[1646/11/567]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of that committee appointed for revising and fitting the laird of Lawers' regiment accounts, they ordain the aforesaid regiment to have presently paid to them the sum of 40,000 merks of the £98,291 8s Scots, which is found sufficiently instructed to be resting to the said regiment of their two part pay. And for the remainder of the accounts of the said regiment, the estates ordain them to be put on an equal footing with other regiments of England and Scotland with whom they served in the said two several kingdoms. And, for this effect and for their payment of the 40,000 merks above-written, the estates of parliament remit and recommend the said laird of Lawers and his regiment to the committee of estates, to take some effectual course for payment of the 40,000 merks above-mentioned and for putting them on an equal footing with other regiments in England and Scotland with whom they served in the said two several kingdoms, for the which this act shall be a sufficient warrant.
[1646/11/568]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration the report of that committee appointed by them for revising the bills and supplications presented to the parliament concerning the supplication of John, earl of Kinghorn, for himself and his tenants, anent the reparation of their losses, extending to £41,108 2s 4d Scots, and for their present subsistence and in the meantime exemption from public dues, as the report and supplication more fully bear, the said estates of parliament modify and allow the sum of £6,000 Scots to be given to the said earl of Kinghorn and his said tenants for their present subsistence and towards the reparation of their said losses, which sum of £6,000 Scots the said estates ordain to be given and paid to the said John, earl of Kinghorn, for himself and his said tenants, out of the remainder of the brotherly assistance due and payable by the parliament and kingdom of England to this kingdom yet unpaid and not formerly assigned, or to any having the earl of Kinghorn's power and warrant to receive the aforesaid sum of £6,000 Scots. And for this effect the said estates do hereby grant right and assignment for payment to the said earl of Kinghorn, for himself and his said tenants, or to any having his power and warrant, of the aforesaid sum of £6,000 Scots to be paid out of the remainder of the aforesaid brotherly assistance yet unpaid and not formerly assigned as said is. And, for the more ready payment of the said sum of £6,000 Scots, the said estates of parliament by this act grant precept and warrant for payment of that sum to the earl of Kinghorn, or to any having his power and warrant to receive the same, out of the aforesaid remainder of the brotherly assistance upon the discharges of the said earl of Kinghorn, or any having power and warrant from him, to be granted upon the receipt of the said sum of £6,000 Scots, whose discharge thereof the said estates hereby declare shall be a sufficient warrant and exoneration to the payers thereof and to all others interested or who may be concerned therein.
[1646/11/569]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into consideration the supplication of James, earl of Hartfell, showing that Major Barras with his accomplices plundered and took away the supplicant's whole insight and plenishing of his house of Newbie, amounting to the value of £2,000 sterling and above, and therefore desiring the estates of parliament to signify their pleasure relating thereto to the committee of Cumberland and to see the supplicant restored to all that was taken out of his house, and likewise that the same might be recommended to the English commissioners by such as are appointed to treat with them, that they may use their best endeavours on the supplicant's behalf with the committee of Cumberland for the effect aforesaid, as the supplication bears, together with the report of that committee appointed for revising of bills and supplications concerning the supplication above-mentioned and desire thereof, the said estates of parliament find the desire of the aforesaid supplication just and reasonable, and therefore they do hereby seriously recommend the supplicant to the committee of Cumberland, desiring them to see him restored to all that was taken out of his said house of Newbie by Major Barras and his accomplices, and ordain letters of recommendation to be written in his favour for this effect As also ordain those formerly appointed to treat with the English commissioners to deal with them on behalf of the supplicant, that they may use their best endeavours for effectuating his desire aforesaid.
[1646/11/570]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of Mr William Davidson, advocate, late sheriff depute of Aberdeen, showing that he was fined as a malignant by the committee at Aberdeen in the sum of 3,000 merks Scots and deposed from his office of sheriff depute of Aberdeen, and that he had paid £1,000 of the aforesaid fine and therefore desiring to be liberated of the other £1,000 and restored to his office, as the supplication bears; and herewith also considering the aforesaid sentence and grounds thereof, and having heard the supplicant concerning the same, the said estates of parliament do hereby discharge in favour of the said Mr William Davidson, supplicant, the aforesaid £1,000 above-specified yet unpaid of his fine of 3,000 merks above-mentioned, and declare him liberated and freed of all payment of the aforesaid sum of £1,000 and of the said decreet and sentence relating thereto and of all execution that has followed or may follow against the supplicant for payment of the said sum of £1,000 yet resting unpaid of his fine as said is.
[1646/11/571]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the 50th act of our sovereign lord's second parliament made anent the election of the president of parliament, wherein it is statute that in all succeeding parliaments after the taking of the oath of parliament by all the members thereof they should make choice of the lord chancellor or any other the king or his commissioner and the estates should appoint to be president of parliament, who should remain and continue president as well in that parliament wherein he is chosen as in the next subsequent parliament, until the said oath be taken and another chosen to be president in his place, as the said act more fully purports, by which act it is not particularly expressed whether the president of parliament shall be changed at each session of parliament or shall continue during the running and several sessions of a current parliament until the indiction of a new parliament. For clearing whereof, the estates, upon good causes and considerations, statute, ordain and declare that in all time coming it shall be the first act at the beginning of each separate session of parliament after the taking of the oath of parliament to proceed to the election and to making choice of a president for that session of parliament, who shall precede in that session of parliament and until the taking of the oath and new election of another president in the next session of parliament; so that in each separate session of parliament, albeit the same shall be current, there shall be a new election of a president for that session thereof only and until the oath and new election in the next in manner above-written.
[1646/11/572]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report and opinion of the committee for bills and supplications concerning the supplication of the distressed burgesses and inhabitants of the burgh of Banff for reparation of their losses, extending to 51,700 merks, and for their other desires and losses mentioned in the said supplication, and herewith also taking into their consideration the overtures represented to the parliament by Gilbert Moir, commissioner for the burgh of Banff, towards their satisfaction in some part concerning their losses and other desires respectively of their supplication, the said estates of parliament modify and allow the sum of 10,000 merks Scots to be given to the said Gilbert Moir for the use of the burgh of Banff towards the reparation and in part payment to him and the other distressed burgesses and inhabitants of the said burgh of their said losses and for their present subsistence. And for this effect the said estates do hereby assign and convey to the said Gilbert Moir, for himself and for the use aforesaid, all and sundry the fines, forfeitures and pains of contravention for contravening good behaviour respectively of the persons after-named, namely: James Gordon of Letterfourie, Thomas Gordon of Clashterim, John Gordon of Littlemill, [...] Gordon, elder and younger, of Newcoundaw, [...] Gordon of Cormalet, [...] Gordon of Overhall, John Gordon of Blelack, Robert Gordon, bailie of Enzie, [...] Gordon, his three sons, John Spence, herald, Jerome Spence, his son, Mr James Kennedy, sometime writer in Edinburgh, Alexander and [...] Anderson, sister sons to Letterfourie, [...] Anderson, commissary-general to the late [George Gordon], marquis of Huntly, James Gordon of Kirkinburn, John Gordon of Gallachie, William Gordon of Crakullie, Mr William Gordon, advocate, John Gordon of Fechil, [...] Gordon of Oxbill, Alexander Innes of Davidston, Alexander Gordon of Muhorthies, Alexander Gordon of Mureaik, George Gordon of Auchanachie, Alexander Anderson in Dinmuie, John Gordon of Avachie and Thomas Stewart of Drimenie, together also with the benefit of the forfeiture of any of the persons above-named, if any forfeiture shall be sought and obtained against them, without prejudice always of the former assignments of the said fines, contraventions or forfeitures of the persons above-named, if any assignments be formerly granted thereof as by law. And that this present assignment may be useful to the end for which the same is granted, the estates of parliament ordain Adam Watt, writer and clerk to the committee in the north, to give up and deliver to the said Gilbert Moir all such bonds as he has in his power and custody which are granted by the persons above-named or any of them for their good behaviour under the pain and sums respectively contained in the said bonds, upon the said Gilbert's ticket of receipt thereof, that he may make use of the same for himself and the other distressed burgesses and inhabitants of the burgh of Banff for getting payment of the sums and pains of contravention mentioned therein, to the use and for the effect aforesaid. And also the estates grant hereby precept and warrant to messengers of arms to warn and cite the particular persons above-designed to compear before the committee of estates at such days and diets as the said Gilbert Moir shall design and appoint under his hand to the said messengers of arms, to hear and see the aforenamed persons censured, fined and sentenced for their compliance with the rebels and enemies of the kingdom, according to the rules contained in the act of classes at St Andrews; as also for contravening the bonds given by them for their good behaviour and thereby incurring the sums and pains of contravention specified therein. And the estates ordain the fines, pains of contravention and sums respectively that shall be determined or imposed upon the persons above-named to be determined by the committee to be paid to the said Gilbert Moir to the effect above-specified, and ordain him to do diligence thereupon for collecting thereof from the persons against whom the same shall be determined, and to apply the said sums for payment of the aforesaid 10,000 merks Scots allowed to him and the other distressed burgesses and inhabitants of the burgh of Banff for their subsistence and towards the reparation of their losses, and to be accountable to the public for the surplus of the aforesaid fines and contraventions more than pays the said 10,000 merks above-specified. And the estates puts it in the supplicant's option either to cite the aforesaid persons before the committee of estates or before the parliament again at the next meeting thereof as may be most useful for him. And also the said estates of parliament, taking into their consideration that part of the desire of the said supplication and report of the committee relating thereto concerning the bond of 600 merks given by the town of Banff to Colonel George Forbes of Mylnebowie for the price of certain clothes and arms promised by the town to 22 soldiers put out by them to the said colonel's regiment in August 1646, which regiment was dismissed within a few days after the granting of the said bond and the said soldiers returned back to their habitations, the said estates find and declare the aforesaid bond to be void and null and do hereby discharge the same with all execution that has or may follow thereupon, and declare the supplicants free thereof and of all payment of the aforesaid sum and whole obligations contained therein.
[1646/11/573]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, having taken into consideration the supplication of Sir James Fraser of Brae, showing that he having a wadset of the lands of Dollar from Robert Cumming of Alter for the sum of £20,000, and that these lands were burdened of before for the sum of 24,000 merks to the late Mr John Maxwell, sometime bishop of Ross, whereupon he and his wife were infeft in liferent and his son in fee in the said lands, and that the said late Mr John Maxwell, by a back-bond subscribed by him and registered in the books of council, has declared there was nothing justly resting to him but only the sum of 10,500 merks, whereof the said Robert Cumming of Alter, as cautioner for the said late Mr John Maxwell, has paid to sundry of his creditors the sum of 3,500 merks, so that there is only resting the sum of 7,000 merks or thereby; as also showing that the supplicant took the wadset of the aforesaid lands with the burden of the said late Mr John Maxwell's sum, and that the annualrent thereof will belong to the public in respect of his rebellion and malignancy, and that the supplicant can find no more easier way for defraying a part of his losses than to retain the same in his own hand, and therefore desiring warrant from the parliament for retaining the aforesaid annualrent of 7,000 merks by the supplicant in his own hands in the first end of his losses, as the aforesaid supplication purports. The said estates, upon consideration of the premises, do hereby grant warrant to the said Sir James Fraser, supplicant, to retain and keep in his own hand the annualrent of the aforesaid sum of 7,000 merks pertaining and indebted to the said late Mr John Maxwell (the same annualrent being found due and payable to the public), and ordain the said Sir James Fraser, supplicant, to apply the two part of the aforesaid annualrent to his own use towards the reparation of his losses for as much; and for the third part of the same annualrent the said estates ordain the said Sir James Fraser to make payment thereof to John Hay of Knockcawdie, to be applied by him towards the reparation of his losses for as much. And the estates declare that this act is always without prejudice to the widow and creditors of the said late Mr John Maxwell anent their rights respectively as by law.
[1646/11/574]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered these desires following represented to them by General Major Middleton, namely: first, in respect of his chargeable way of living, never having taken free quarters, that a considerable part of his arrears may be presently advanced and the rest paid out of the fines and forfeitures in the north, and these fines and forfeitures may not be disposed of until he be paid if any other way shall not be thought upon. Secondly, that he may be paid for the month of January, having been still in charge, and in that respect that what he gets of the money comes to the army in England may not be accounted as any part of his arrears. The said estates of parliament approve and allow the desires and overtures above-written and grant the same, and declare that the sums and arrears due to Major General Middleton shall bear annualrent and interest thereof, payable by the public to him until his payment of the same sums, and do hereby oblige the estates of the kingdom to him for that effect. And also the estates of parliament, hereupon taking into their consideration the sums and arrears due and indebted by the kingdom to General Lieutenant David Leslie, they do therefore hereby grant and declare the same in his favour as is granted in favour of General Major Middleton, and that the sums and arrears due to the said Lieutenant General David Leslie shall likewise bear annualrent and interest to him until the payment thereof, likewise they oblige the estates of the kingdom to him for that effect.
[1646/11/575]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of that committee appointed for hearing the supplications and fitting the accounts of the burgh of Aberdeen and other distressed burghs and shires, concerning the supplication and accounts of the said burgh of Aberdeen for payment of their quarterings, the Flemish money and other sums furnished and lent by them for the use of the public by order of the committee of estates, they find that there is justly resting owed by the public to the town of Aberdeen, of Flemish money advanced by them in 1641 and of other monies furnished and lent by them and paid to John Denholm, commissary for the north, in 1644 by order of the committee of estates, the sum of £39,084 10s 8d money of principal sums and annualrents at Candlemas [2 February] 1647, besides other great sums of money borrowed from several persons, inhabitants of the burgh of Aberdeen, and not accounted nor comprehended in the sum above-written, which sum of £39,084 10s 8d above-mentioned the estates of parliament declare to be a public debt indebted by the kingdom to the burgh of Aberdeen, and grant hereby to them the public security and public faith for payment thereof to them with annualrent for the Flemish money and lent monies aforesaid since Candlemas last and until the payment, and do hereby oblige the estates of the kingdom for that effect and ordain the aforesaid Flemish money and annualrents thereof, with the annualrent of the said lent monies, to be paid out of the excise of the kingdom after the sum appointed out of the excise for maintenance of the army be first complete and made up to the army. And also the said estates of parliament find by the aforesaid report that there is resting owed to the burgh of Aberdeen and inhabitants thereof by the public for quarterings of horse and foot, officers and soldiers there from time to time at free quarters preceding 20 February 1647, and for other incident necessary charges disbursed by them upon warrants instructed, the sum of £221,036 5s Scots money, and that it is the opinion of the aforesaid committee that such as rests yet unpaid by the town of Aberdeen of their own maintenance of the first 17 months should be allowed to them in part payment of their said quarterings. Which article of the aforesaid report concerning the aforesaid quarterings and other incident charges disbursed by the town of Aberdeen, amounting to the aforesaid sum of £221,036 5s Scots money, with the allowance of the arrears of the town of Aberdeen's maintenance of the first 17 months, such as is unpaid thereof to them in part payment of the said quarterings, the said estates of parliament, in respect of the singular case and condition of the town of Aberdeen, remit to the committee of estates to be taken into consideration by them, and with power to them to determine relating thereto and take some effectual course for the town's relief thereof as the committee shall find just and reasonable, without prejudice of the payment of the army and with reservation of [Sir Adam Hepburn of] Humbie's act and payment and of former assignments, and that no assignments be granted of any of the money due by the parliament of England to this kingdom.
[1646/11/576]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication of William, earl of Morton and of the provost, bailies and council of Edinburgh, for themselves and on behalf of the whole heritors and inhabitants of Orkney and Shetland, showing that by the late act of excise there is 20s of excise ordained to be paid for each boll of malt within the whole kingdom, which if it be extended to Orkney and Shetland will utterly ruin the most part of the inhabitants thereof in respect these islands produce almost no other grain but barley and that so base and small stuff which, after it is transported to Leith and other sea ports in the south part of this kingdom, the transporters thereof, after they have endured the hazard of the sea, do ordinarily sell it for 50s the boll, which is not the half price that barley in Fife and Lothian gives; and therefore desiring to mitigate the aforesaid excise imposed upon barley so far as it may be extended to the aforesaid islands of Orkney and Shetland and to the whole barley that shall happen to grow upon any of them, as the supplication purports. The said estates of parliament do hereby seriously recommend the supplicants, with their supplication and desire thereof aforesaid, to the commissioners for the excise, to be taken into consideration by them and to grant an ease for the excise of the barley in Orkney and Shetland as the said commissioners, after consideration and trial relating thereto, shall find just and reasonable.
[1646/11/577]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard, seen and considered the supplication of Sir Walter Murray of Livingston, knight, showing that the committee of processes had fined him in the sum of 11,400 merks and that the same as he conceives was mainly because he did neglect to inform that committee anent the truth of his carriage, which neglect was occasioned by this, namely: he not being conscious to himself of any neglect of duty which might procure fining, and therefore desiring the parliament to discharge his whole fine and to ordain James Stewart, merchant, who is assigned to the supplicant's fine, to redeliver to him his bond of 6,000 merks given to the said James Stewart and to repay to the supplicant the sum of 3,000 merks already paid by him to the said James, as the supplication bears. The said estates of parliament do hereby exonerate and simply discharges the said Sir Walter Murray of the sum of 2,400 merks as the rest and surplus of his whole fine of 11,400 merks above-specified, besides the 6,000 merks and 3,000 merks respectively already paid and for which the supplicant has given bond to the said James Stewart as is aforesaid, and the said estates declare the supplicant free of all payment of the said sum of 2,400 merks and of the decreet and sentence of fining given against the supplicant relating thereto with all that has followed or may follow for that sum upon the said decreet, without prejudice of the payment already made of the aforesaid 3,000 merks to the said James Stewart by the supplicant and of the bond of 6,000 merks also given by him to the said James, which is declared to remain unprejudiced hereby.
[1646/11/578]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of John Campbell of Dundurn, showing that his whole lands, houses, corns, cattle, goods and gear were burnt and destroyed and taken away by the rebels, and that his losses thereby were tried and approved to extend to £5,424 Scots, and desiring some reparation thereof and means of subsistence for himself and his children, as his said supplication bears, the said estates of parliament modify and allow the sum of £50 sterling to be given to the said John Campbell for his present subsistence and towards the reparation of his losses aforesaid, which sum they ordain to be paid to him, or to any having his power and warrant to receive the same, out of the last £100,000 sterling due and payable by the parliament and kingdom of England to this kingdom. And for this effect the said estates of parliament do hereby grant right and assignment for payment to the said John Campbell of Dundurn of the aforesaid sum of £50 sterling, to be paid to him or any having his power and warrant as said is, out of the said last £100,000 sterling due and payable by the parliament and kingdom of England to this kingdom as said is. And, for the more ready and timeous payment of the aforesaid sum, the said estates of parliament by this act grant precept and warrant for payment of the aforesaid sum of £50 sterling to the said John Campbell of Dundurn, or to any having his power and warrant to receive the same, out of the aforesaid last £100,000 sterling due and payable by the parliament and kingdom of England to this kingdom as said is, and that upon the discharges of the said John Campbell, or any having his power aforesaid, upon the receipt of the said £50 sterling, whose discharge thereof the said estates declare shall be a sufficient warrant and exoneration to the payers and to all others interested or who may be concerned therein.
[1646/11/579]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication of Patrick, lord Elibank, showing that there is due to him by the estates of the kingdom of lent money and annualrents thereof at Candlemas [2 February] 1647 the sum of £18,294 Scots money, according to the acts and bonds granted to him by the committee of estates for payment thereof, and desiring order and warrant that he may be paid of the aforesaid sum, as the supplication bears, the said estates of parliament ordain the sum of £1,000 sterling of the sums aforesaid indebted to him by the estates to be paid to the said Patrick, lord Elibank out of the remainder of the brotherly assistance due and payable by the parliament and kingdom of England to this kingdom and yet unpaid and not formerly assigned, and for the rest and surplus of the sum above-mentioned, besides the said £1,000 sterling, the estates ordain the same rest and surplus to remain and be as lent money by the supplicant to the public and to be due and payable by the public to him as lent money for the use of the public, according to his former acts and bonds thereof. And for the said Lord Elibank's more ready and timeous payment of the £1,000 sterling above-specified, the said estates do hereby grant right and assignment for payment of that sum to the said Patrick, lord Elibank, or to any having his power and warrant to receive the same, out of the remainder of the aforesaid brotherly assistance due and payable by the parliament of England to this kingdom and yet unpaid and not formerly assigned as said is. And for this effect the said estates of parliament by this act grant precept and warrant for payment of the aforesaid sum of £1,000 sterling to the said Patrick, lord Elibank, or to any having his power and warrant to receive the same, out of the remainder of the aforesaid brotherly assistance due and payable by the parliament and kingdom of England to this kingdom as is aforesaid, and that upon the discharges of the said Lord Elibank, or any having his power and warrant as said is, upon the receipt of the said sum, whose discharge thereof the estates of parliament declare shall be a sufficient warrant and exoneration to the payers thereof and to all others interested or that may be concerned therein.
[1646/11/580]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament, taking into their consideration the desire of the supplication of the burgh of Banff presented to them by Gilbert Moir, commissioner for that town, craving that they may be freed of a bond of 600 merks given by them to Colonel George Forbes of Mylnebowie for the price of certain clothes and arms promised by the town to 22 soldiers put out by them to the said Colonel George Forbes in August 1646 in respect the said colonel and his regiment was discharged and disbanded by warrant of the committee of estates within a few days after the granting of the bond and the soldiers returned to their own habitations; and herewith also considering that there are various and sundry other bonds granted by various of the good subjects of the kingdom to colonels and other under-officers for payment to them of various sums of money, which albeit the bonds bear borrowed money, yet the true cause of the granting thereof was only for putting out soldiers and for the price of clothes and arms to them to the several regiments and companies, whereof the colonels and other under-officers, receivers of the said bonds, were commanders, which were also within a few days after the granting of the said bonds discharged by warrant and order of the committee of estates. And the estates of parliament, finding it unjust that the aforesaid bonds of the nature and quality above-mentioned, not being truly for borrowed monies, should stand binding against the granters or that they should be liable to the payment of the sums contained therein, therefore the estates of parliament, for remedy hereof, find and declare and hereby statute and ordain that the aforesaid bond granted by the town of Banff to the said George Forbes of Mylnebowie for payment to him of the sum of 600 merks above-specified, with all other bonds of that nature granted by any of the good subjects of the kingdom to any colonels or under commanders of regiments or companies for payment of the sums respectively contained in the bonds as borrowed money (albeit the same were truly granted for putting out soldiers and for clothes and arms to the soldiers of their regiments and companies which were shortly after the granting of the bonds disbanded by order and warrant of the committee of estates) are and shall be void, null and ineffectual from the date thereof, since then and in time coming. Likewise the estates discharge the same with all execution that has followed or can follow thereupon against the granters thereof, and declare them and every one of them free of their obligations in the aforesaid bonds and of all payment of the sums of money mentioned therein for ever.
[1646/11/581]*[print] [email] [cite] [preceding] [following]
The which day the report after-specified of that committee appointing for revising and considering the register and acts of the committee of estates, of which report the tenor follows: The committee appointed for revising the public registers have observed in the register of the committee of estates a decreet of the date the [...] day of May 1646 passed in favour of [Alexander Brodie], laird of Brodie upon a summons and charge given by open proclamation at the market crosses of Inverness, Nairn and Elgin to all and whatsoever persons within the country pretending them to have bonds, obligations, contracts, writs or other securities of whatsoever kind or nature whereby they may crave action or execution against the said laird of Brodie or his heirs for payment to them of whatsoever sums of money or performing to them of whatsoever other deeds, to have compeared before the estates of parliament or committee of estates at a certain day bygone, with continuation of days, bringing with them all bonds, obligations, contracts etc. of whatsoever date or dates preceding 15 February then last, together with a note of all actions and pleas under their hands which they may lay to the charge of the said laird of Brodie for himself or as heir or executor to any of his predecessors, with certification to them if they failed, that the estates of parliament or committee of estates or either of them would find the said Alexander Brodie, his heirs or successors to be free from all action or execution which might be claimed or executed against them thereupon by whatsoever person or persons within the country. This charge was executed upon 22 and 26 October 1645 at the aforesaid three market crosses respectively, by which decreet, in regard of the non-compearance of any persons within the said three shires to produce their bonds, obligations etc. whereby they might crave action or execution against the said laird of Brodie, the said committee did find the said laird of Brodie, his heirs and successors to be free from all action or execution which might be claimed or executed against them by whatsoever persons within the country dwelling within the aforesaid three shires. Against the which decreet, that it be not ratified in parliament, there is a supplication given in by Ninian Dunbar of Grangehill, for whose security it is thought fitting by the committee and agreed to by the laird of Brodie that the following exception or qualification be subjoined to the laird of Brodie's ratification if the parliament think fit to ratify the same decreet: The estates of parliament, with consent of the laird of Brodie, declare that the aforesaid act and decreet and all that has followed or may follow thereupon with this present ratification of the same shall in no way be extended against Ninian Dunbar of Grangehill, his heirs or successors, nor against any rights of multures, nor against any other rights, indentures, actions or other writs or securities personal or real pertaining or competent to him, for himself or as heir or apparent heir to any of his predecessors, with this provision always: that this present exception shall in no way prejudice Alexander Brodie in the real possession and of enjoying his lands and heritages with all privileges pertaining thereto, according to the ancient rights and evidents which the said Alexander and his predecessors had before the granting of this act and ratification, and according to which he and his predecessors have been in use and lawful possession of these 40 years bygone, which right and possession shall in no way be prejudiced by the said exception, but both parties' rights and possessions respectively shall be of that same force and power as they were before the obtaining of the said act or decreet purchased before the committee of estates and before this present ratification of the same. Reserving also to the said Ninian Dunbar of Grangehill and his aforesaids the rights of his multures and other writs and evidents which are formerly excepted, according to his possession these 40 years bygone. And because the rest of the lieges in these three shires (as well as the laird of Grangehill) may be prejudiced by that decreet, they remit to the parliament to take what course they think fitting for their security, that none of them be prejudiced thereby especially in time coming. There are also in the register of the committee of estates three warrants for summons at the instance of the Lady Brodie, [Alexander Brodie], laird of Lethen and Mr Joseph Brodie, in which, for proving the tenor of their burnt evidents, there is dispensation allowed either of affinity or consanguinity of the witnesses to be used, providing the persons be of worthy faith and good fame, and the lords of the session ordained to admit such witnesses which the said committee thought necessary to represent to the parliament. Being read in audience of the parliament and the same heard and considered by the estates thereof, they do hereby ratify and approve the aforesaid report according to the tenor of the same in all points and interpose the authority of parliament thereto.
[1646/11/582]*[print] [email] [cite] [preceding] [following]
The which day the report after-specified of that committee appointed for revising and considering the register and acts of the committee of processes and monies, of which report the tenor follows: The committee appointed to revise the public registers have observed in the register of the committee of estates some acts concerning [Alexander Brodie], laird of Brodie, Lady Brodie, [Alexander Brodie], laird of Lethen and Mr Joseph Brodie, whereof they have given their opinion in a paper apart. They have also observed some difference in two acts of the committee of estates concerning the election of the magistrates of Glasgow, one of 9 September and another of 19 September, and the same difference also between two acts of the same dates concerning the election of the magistrates of Aberdeen, of which the opinion of the committee is that the parliament by their order already has settled the difference, and, if the parliament think fit, those who were in the respective sederunts when these acts were made may be ordained to give an account of the reasons of their proceedings to them. The committee have not in that register observed any other thing which to them appears a sufficient ground for delaying a ratification thereof, and therefore in their judgement think they should be approved. For the register of the committee of processes and monies in the south, they have perused the same also and in their several decreets of fines or borrowed money or any other of their acts they have not observed any particular wherein they have not walked according to their commission, only they find the execution of some sentences suspended until this parliament, which they gave in a note to the committee for processes, which now have reported many of them to the parliament where they have received their determination. As for the book of precepts drawn by that committee upon [Sir Adam Hepburn of Humbie], commissary-general, and his deputes, they have perused the same also, but because either all these precepts have been answered and paid by the commissary-general and consequently are already approved by the approbation of the commissaries' accounts or otherwise are not answered and paid by the commissary, therefore they conceived their particular observation of each of these precepts unnecessary. The opinion of the committee is that the said committee of monies and processes in the south should also have the parliament's approbation to their proceedings. Signed thus, [David Carnegie, earl of] Southesk, in the presence of the lords. There is also a petition presented to the committee in name of [Robert Pringle], laird of Blindlie against a decreet pronounced by the committee of processes against him, which they desire to be read with their opinion upon it. Signed thus, Southesk, in the presence of the lords. Being read in audience of the parliament and the same heard and considered by the estates thereof, they do hereby ratify and approve the aforesaid report above-mentioned according to the tenor of the same in all points and interpose the authority of parliament thereto.
[1646/11/583]*[print] [email] [cite] [preceding] [following]
The which day the report after-specified of that committee appointed for revising and considering the register and acts of the committee of processes and monies for the north, of which report the tenor follows: The committee for revising the registers have perused the register of the committee of the monies and processes in the north and in it have observed an act ordaining £2,000, as the price of twelve shallow-bottomed boats, to be paid out of the maintenance of the sheriffdom of Forfar; which in their opinion is not agreeable to the act of parliament, seeing thereby the quarterings of the shire are first to be allowed before the maintenance be otherwise disposed of, and that is the rather taken notice of that the said committee did daily by borrowing and fining get in monies whereby such incidents might and should have been defrayed for the decreets of fines or borrowed money contained in their register. They find not any mention of a citation in most of them, nor does it appear by the register whether these decreets were given against parties compearing or absent, and in the decreets of fines there is often no mention of the manner of probation used against the parties, so as the committee can give no opinion whether they have observed the rules prescribed at St Andrews or not, only they find many decreets for lending against persons in Angus, but few or none against any in Kincardine. They have observed also that the said committee has granted to some persons suspensions from payment of maintenance, not only for their burnt and wasted lands but even for such of lands as are not burnt and wasted, which in opinion is not agreeable to the act of parliament. They have observed a letter from that committee to the committee of estates anent Mr James Kennedy, wherein they express their expectation that he will discover to them many things, as being a witty fellow and James Graham, [earl of Montrose's] secretary, and, for that purpose, that they had sent him to the committee of estates as a prisoner. Yet in the register of the said committee of estates they find nothing concerning him of his liberation out of prison. Signed thus, [David Carnegie, earl of] Southesk, in the presence of the lords. Being read in audience of the parliament and the same heard and considered by the estates thereof, they approve the report above-mentioned for the outgiving of the monies given out and disbursed by order of the aforesaid committee, according to the tenor of the same report relating thereto, and interpose the authority of parliament to the said report for that part thereof so approved as said is, and for the other points of the report the estates reserve the same to be taken into further consideration by them as they shall think fitting.
[1646/11/584]*[print] [email] [cite] [preceding] [following]
The estates of parliament do hereby add the persons after-named to the former valuers and committee for valuation of the sheriffdom of Peebles, namely: [Sir Alexander Morrison], laird of Prestongrange, Dawyck, elder, Mr John Hay, Thomas Naismith, Walter Murray, William Tweedy of Wrae, John Dickson of Hartree, James Russell [of Kingside], Mr James Lawson, George Tait of Pirn, Sir John Veitch [of Dawyck], William Brown, George Cranston, William Lowis, commissioner for Peebles, [William Govan of] Cardrona, [James Geddes of] Kirkurd, Mr Alexander Burnett and John Brown of Cleugh, to whom, with the former valuers of that shire, or to the greatest part of both, the said estates of parliament by this act grant power to revalue or rectify the former valuations of the whole sheriffdom of Peebles and to make the same equal and proportional to all according to the rent and duty of the shire for the whole lands, teinds and others within the same for which maintenance has been, is or shall be paid, to the effect that none be undervalued or overvalued in the said shire, but that every one may bear burden and pay the maintenance and other public dues in an equal and proportional way. And the estates declare that the aforesaid revaluation or rectifying of the former valuation of the said shire is and shall be always without prejudice to the public and without diminution anent the payment and quantity of the monthly maintenance and other public dues of that shire.
[1646/11/585]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration how much the instruction of the youth in good literature and conversation tends to the good of this kirk and kingdom, which they conceive cannot be so well-known and in what condition the universities within this kingdom stand as by visiting of the said universities and considering of such persons who have several charges of training and breeding of the youth therein, and withal considering that it is expedient and necessary that the university of Aberdeen be now visited and the quality and conversation of such as have charge therein be taken into consideration, therefore they have given and granted, and out of their due care to the instruction of the youth in literature and conversation, and for suppressing of all ministers and professors of obnoxious doctrine opposite to the truth and true Protestant religion presently professed within this kingdom, and for preserving the same from all schism and heresy, by this act give and grant full power, authority and commission to the persons after-specified, namely: William [Keith], earl Marischal, [James Crichton], viscount of Frendraught, [George Ogilvy], lord Banff, Alexander Fraser of Philorth, James Skene of that ilk, Mr Robert Gordon of Straloch, John Udny of that ilk, John Forbes of Aslowan, Gilbert Skene of Dyce, Richard Maitland of Achincreive, Mr Robert Farquhar of Mounie, Mr Thomas Sandilands, commissary of Aberdeen, Mr Thomas Mortimer and George Cullen, bailies of Aberdeen, Patrick Leslie [of Iden], provost there, the whole ministers of the town of Edinburgh, Mr David Lindsay, minister of Balhelvie, Mr Andrew Cant, minister at Aberdeen, Mr John Row, minister there, Mr William Strachan, minister at Old Aberdeen, Mr William Rait, minister at Brechin, Mr John Seaton, minister at Kemnay, Mr John Paterson, minister at Foveran, Mr Alexander Gordon, minister at Forrig, Mr Murdoch MacKenzie, minister at Elgin, Mr Andrew Strachan, minister at Tullynessle, Mr George Leith, minister at Bethelnie, and Mr James Harvie, minister at Upper Machar (or to any 13 of them as their quorum, whereof 5 being ministers) to meet and convene within the common hall of the said university and there to call before them the rector, principal, subprincipal, regents and other professors, collectors, chamberlains and office bearers within the said university, whole colleges and schools subordinate thereto, and there to take trial of their several abilities for discharge of their places according to their several instalments and employments, and of the integrity and soundness of their profession, literature and living, and that upon any day between 24 April and 10 May next to come. And with power to them or their quorum to make good and wholesome acts and statutes for regulating and governing the said university, whole colleges and schools subordinate thereto in discipline and for upbringing the said youth in good and wholesome literature and conversation. And also with power to them to call for an account of the whole rents and casualties belonging to the said university and to review and consider how the same is employed. And with power likewise to them to approve or discharge any of the members of the said university, after examination and due trial taken of their literature and conversation according to their demerits, and to appoint and establish others as professors and members of the several colleges, schools and places more fit, sound and able accordingly as they shall think expedient. And generally to do all and sundry other things which are necessary and convenient for the good and utility of the said university anent the performing of the premises, which being done, the said estates declare them to be as valid and sufficient as if they had been done by the said estates of parliament themselves. And for more effectual performing of the premises, with power to the said commissioners or their quorum aforesaid to call before them the whole officers and members aforesaid principal and subordinate and to lead and receive witnesses and all legal probation anent the premises, and to direct precepts for summoning of parties or witnesses in their own names to compear before them upon [...] days' warning, and to create clerks and members of court requisite for performing of the premises in every point.
[1646/11/586]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament, understanding that there have been various good acts of parliament made by his highness and his most noble progenitors anent the destruction of cruives and yairs, slaughter of red fish, smouts and fry of all fishes, and that the same acts made relating thereto were by his highness's late dearest father King James of worthy memory and estates of parliament in his seventh parliament, chapter 111, duly ratified and approved and ordained to have effect and execution in time coming; and because it was then understood to his majesty and estates of parliament that albeit pains and travails were taken to cast down and destroy the said cruives and yairs, yet in default of the execution of the pains contained in the said acts upon the contraveners thereof the said cruives and yairs were not held down nor no other thing in effect appointed to be done by the said acts put to execution through the default and negligence of the ordinary officers to whom the execution thereof was committed; therefore our said late sovereign lord, with advice of the said estates, made, constituted and ordained the persons nominated therein within the bounds and waters mentioned therein his highness's justices in that part in manner and to the effect mentioned in the said act of parliament, in which act of parliament amongst the rest the laird of Esslemont, who then had the wadset and possession of the fishing of River Ythan, was made justice in that part for the said River Ythan, with ample power and warrant to the said justice, every one of them within their own bounds in manner and to the effect contained therein and as is underwritten, as the said act of parliament bears; and because now the fishing of the said River Ythan, which was then in the wadset and possession of the said laird of Esslemont and which was the cause and occasion that moved him to be constituted justice in that part of the said River Ythan, does now pertain, belong and is possessed by Thomas Forbes of Waterton heritably, and that his said fishing is now mightily hurt and prejudiced by cruives and yairs and by slaughter of red fish, smouts and fry of all fishings, contrary to the tenors of the said acts of parliament, and through not putting the same to execution against the contraveners thereof, there being now no justice in that part to put the same to execution according to the said act and warrant contained therein, the said laird of Esslemont being dead and his heirs having no right thereto nor benefit thereby, and so the said execution of the said acts are all utterly neglected, to the great prejudice of his majesty's customs and of the said Thomas Forbes of Waterton, now heritor of the said fishing, therefore and for remedy whereof the said estates of parliament have made, constituted and ordained and by this act make, constitute and ordain the said Thomas Forbes of Waterton, now heritor and possessor of the said fishing of the said River Ythan, his heirs and successors, heritors and possessors thereof, justices in that part for the said River Ythan in place of the said laird of Esslemont, who was possessors thereof before, likewise in the same manner and with as great liberties and privileges in all things as the said laird of Esslemont was constituted justice in that part for the said River Ythan before by the said act of parliament especially above-mentioned, and discharge all other justices and commissioners hereupon in that part except the said Thomas Forbes, giving, granting and committing to the said Thomas Forbes, his heirs and successors, heritors and possessors of the said River Ythan, justices in that part for the said River Ythan, to enquire and take up grounds of indictment of all persons that contravene the said acts of parliament within the bounds of the said River Ythan and branches thereof, as well the principal offenders as their masters, landlords and harbourers, and to call them to underlie the law thereof in the tolbooth of the head burgh of the shire or other place convenient at the discretion of the said justices, and to put them to the knowledge of an assize, and, as they be found culpable or innocent, to administer justice upon them, according to the laws of this realm, to raise and uplift the pains contained in the said acts and to make account, reckoning and payment of the same to our sovereign lord and his highness's treasurer in the exchequer. And to the effect that the execution of the said acts shall not be neglected in time coming as in time bygone, ordain two justice courts to be held yearly, one on 1 February and the other on 1 August or the next lawful days thereafter following, besides other courts to be held at other times at the discretion of the said justice. And in case the said Thomas Forbes, his heirs and successors, justices in that part aforesaid, or any of them shall fail in doing their exact diligence for execution of this present commission at two times every year as said is, being called and convened thereof by our sovereign lord, his justice general or his deputes at the instance of his highness's advocate, they shall incur the pain of £200 Scots to be uplifted by his highness's treasurer to his majesty's use, according to the tenor of the said former act of parliament and commission contained therein.
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The which day the letter directed from the king's majesty to the lords of his highness's secret council of this kingdom, dated from Newcastle, 14 September 1646, nominating John, now earl of Lauderdale to be one of his majesty's secret council in place of the late John [Maitland], earl of Lauderdale, his father, being read in audience of the parliament and considered by the estates of parliament, they approve the same and do hereby interpose the consent and approbation of the parliament thereto; and by this act give warrant to John [Campbell], earl of Loudoun, chancellor, and ordain him to convene the lords of council and to receive the earl of Lauderdale as one of the lords of his majesty's privy council in place of his late father, and to take and receive his oath of faithful administration in that charge.
The estates of parliament, taking into their consideration that the late John [Maitland], earl of Lauderdale was one upon that commission appointed by parliament for visitation of the university of St Andrews, and herewith also considering the abilities and well deservings of John, now earl of Lauderdale, they do hereby nominate, appoint and ordain him to be upon that commission for visitation of the university of St Andrews in place of his late father, and grant to him that same power, privilege and liberty due and competent to his late father by that commission.
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The estates of parliament, taking into their consideration the desire of the cautioners of James Graham, sometime earl of Montrose, for their relief and payment of their cautionaries for him, they ordain the said cautioners to have summons at their instance for citation of the creditors of the said James Graham for production of their bonds and rights before the committee of estates, that thereupon the cautioners may get their relief, according to the act of parliament of 20 February 1645 made anent the selling of lands of forfeited persons and relief and payment respectively of their creditors and cautioners, with certification to the said creditors of the said James Graham if they fail, being lawfully cited as said is, to produce and exhibit before the committee of estates their said bonds, writs, evidents and securities made and granted to them by the said James Graham, that these creditors shall have no action against the lands, estate and goods of the said James Graham for payment of their said debts but that the same shall pertain to the public. Neither shall they have any action against their cautioners for payment of the sums and fulfilling of the deeds for which they are cautioners for him, according to the said act of parliament of 20 February 1645.
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The estates of parliament, taking into their consideration that there are sundry persons apprehended and taken within the house of Wards the time of the capture of that house from the rebels, they have remitted and do hereby remit to the consideration of the committee of estates what shall be done with these persons aforesaid, with power to the said committee to do and determine relating thereto as they after consideration thereof shall find just for the peace and honour of the kingdom.
[1646/11/590]*[print] [email] [cite] [preceding] [following]
The estates ordain a letter to be written from the estates of parliament of this kingdom to the parliament of England in favour of James Maxwell of Innerwick, with another in his favour to the commissioners at London, which were accordingly done, read and approved.
[1646/11/591]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication of [Alexander Lindsay], lord Balcarres, [Sir Adam Hepburn of] Humbie and other commissioners sent to Newcastle by order of parliament of 31 December 1646, offering a particular account of the distribution of the £200,000 sterling that came from England, the said estates have remitted and do hereby remit the accounts produced of the same £200,000 sterling anent the distribution thereof, with the complaints of the officers and soldiers concerning their pay, to the committee of estates, to be taken into consideration by them and to do relating thereto as they after trial and consideration thereof shall find just.
[1646/11/592]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament, ratify and approve the charter and infeftment granted by the king's majesty under his highness's great seal of the date 14 July 1594 to the late Arthur Forbes of Rires, his heirs and assignees, with a gift of novodamus therein, of all and whole the lands, lordship and barony of Rires, with the tower, fortalice, mills, woods, yards, parts and pendicles thereof particularly expressed in the said charter, lying within the sheriffdom of Fife, with the right of patronage of kirks and chaplainries pertaining to the said lordship and barony of Rires, and especially the advocation, donation and right of patronage of the chapel called St Mary Rires; all and whole the lands and barony of Leuchars Forbes, with the pendicles and pertinents thereof contained in the said charter; all and whole the third part of the lands of Rashmyre, with houses, buildings, mills, fishings and pertinents thereof, and especially the fishing, as well salmon as other fishings, called Reid Sands, with the fishing upon the River Eden and coble-net† passage thereof; the lands of Brackmont, with the tower, fortalice, manor place, mills, multures; the lands of Southfield, with the manor place, mill and pertinents thereof, with tenants, tenancies and service of free tenants, all lying within the sheriffdom of Fife, together with the lands of Strathieboyis and Nether Pirnie, lying within the sheriffdom of Perth, all united in a free barony called the barony of Rires, to be held and with the reddendo contained in the aforesaid charter, as the same of the date above-mentioned more fully purports, together with the instrument of sasine of the lands and others above-written given up to Robert Forbes, now of Rires, as son and heir to the said late Arthur Forbes of Rires upon a precept directed out of the chancellery, the sasine is dated 9 November 1610, John Paterson, sheriff clerk of Fife, notary thereto, in the whole heads, articles and clauses of the aforesaid charter, infeftment and instrument of sasine above-mentioned and according to the tenors thereof in all points. And the estates find and declare the same with this present ratification thereof to be good, valid and sufficient rights to the said Robert Forbes of Rires, his heirs and successors for holding and possessing the lands and others respectively aforesaid contained therein according to the tenors thereof as said is, and hold this ratification of the same as valid and sufficient as if the aforesaid charter, infeftment and instrument of sasine above-specified were inserted word for word and at length herein, with the which, and anent all other imperfections and nullities of the said rights, the estates hereby dispense for ever.
[1646/11/593]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament, ratify, approve and confirm the charter passed under his highness's great seal of the date 12 November 1642 made and granted by our said sovereign lord, with consent of his highness's treasurer and other lords, commissioners of exchequer for the time, in favour of his highness's right trusty cousin and councillor James, earl of Moray, lord Doune and Abernethy, his male heirs and assignees of all and whole the manse and manor place of Spynie called the castle of Spynie, with the whole houses, buildings, orchards, yards, lochs, green and wood thereof, all lying within the sheriffdom of Elgin, with all right and title which our said sovereign lord had thereto by abolishing and suppressing the bishopric of Moray or otherwise howsoever, to be held of our said sovereign lord and his highness's successors in feu ferm and heritage for ever for yearly payment to our said sovereign lord and his highness's successors of the feu duties mentioned in the said charter, with the instrument of sasine following thereupon of the date 11 February 1642, in all and sundry the heads, points, clauses, articles and conditions contained therein and after the forms and tenors thereof in all points; and decree and ordain this present ratification thereof to be as valid and sufficient as if the said charter and sasine were all at length word by word inserted and contained therein, notwithstanding that the same be not so done, with the which, and anent all other imperfections thereof, the said estates of parliament have dispensed and dispense for ever.
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The estates of parliament, now convened in this sixth session of the first triennial parliament, having considered the gift of pension granted by his majesty to Sir Archibald Johnson, his advocate, of £200 sterling yearly during his lifetime in recompense of the good and faithful service the said Sir Archibald has done to his majesty, and for enabling him to the charge of serving his majesty and his son, the prince, as their advocate, as his majesty's gift under his hand of 30 October 1646 at length bears, and understanding that Sir Thomas Hope of Craighall, his majesty's late advocate, had the same pension notwithstanding he had many occasions and means of rouping commodity by that place, which the said Sir Archibald cannot have in respect of his other public employments and various other occasions and reasons which will make that place more burdensome and less beneficial to him, therefore the estates do ratify, approve and confirm the said gift of pension to the said Sir Archibald, together with a former gift of pension granted by his majesty at the desire of the estates to him when he was put on the session, which is of the date 11 November 1641, in the whole tenors thereof, dispensing with all defects and impediments therein if any be. And further finding that it is necessary, in respect of the condition of the said Sir Archibald and that it is conducible also to the public service that the said two pensions and the payment thereof be secured to him and that otherwise he will not be able to serve in those public charges he is entrusted with, therefore the estates of parliament do also hereby seriously recommend that the said two pensions be thankfully and duly paid at the terms of payment respectively mentioned in the gifts aforementioned out of the first and readiest of his majesty's revenues, property or casualty whatsoever, and that the treasurer principal and depute, the lords of exchequer, the receivers of his majesty's rents, and all others whom it concerns be careful according to their several interests that the same be really performed.
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The estates of parliament, now convened in this sixth session of the first triennial parliament, ratify, approve and confirm the three charters, whereof the first two granted by his highness's dearest father King James VI of worthy memory, and the last and third by our sovereign lord King Charles that now reigns, with consent of their highness's treasurers principal and depute and other lords and others of their highness's exchequer of Scotland, their commissioners for the time, all to and in favour of the late Mr William Forbes, sometime of Menie, thereafter of Craigievar, in liferent for all the days of his lifetime, and to William, now Sir William Forbes of Craigievar, knight baronet, his eldest lawful son in fee, their male heirs and of tailzie and assignees particularly designed therein heritably of all and sundry the lands and barony of Logiefintray, comprehending the particular lands, towns, mills, mill-lands and others contained therein and united, annexed and incorporated thereby in the said barony, to be held of their highness and their successors respectively in fee heritage and free barony for ever in manner mentioned and contained in the same charters, which are under their highness's great seal, whereof the first is dated 4 December 1617, the second dated 21 April 1619, and the third and last dated 29 April 1625, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points. And the said estates of parliament will and grant, and for his highness and his successors decree and ordain, that the said charters, precepts and sasines following thereupon and this ratification thereof are and shall be good, valid and sufficient in themselves to the said Sir William Forbes, his male heirs and of tailzie and assignees designed therein for holding, enjoying and possessing the same lands, barony and others contained therein heritably and irredeemably, perpetually and in all time coming, notwithstanding of any faults, defects, imperfections or objections that may be proposed or alleged against the same and validities thereof, or against the persons in whose favour the same is granted, or for whatsoever bygone cause, crime or occasion and without any right, action or interest to be acclaimed by his highness or his successors thereto in any manner of way in all time coming, which the said estates of parliament have renounced and by this act renounce from his highness and his successors to and in favour of the said Sir William Forbes and his aforesaids simply for ever. And likewise will and grant and decree and ordain that this present ratification above-written is and shall be of as great force, strength and effect to the said Sir William Forbes, his male heirs and of tailzie and assignees above-designed for their right and security of the said lands and others above-written as if the same three charters hereby confirmed were all particularly word for word here engrossed and ratified, notwithstanding that the same be not so done, with the which the said estates have dispensed and by this act dispense for ever. Declaring always, likewise the said estates do hereby declare that this present ratification shall be in no way prejudicial to his majesty or his highness's lieges so far as may concern the entry of any vassals within the lordship of Lindores or any act made in this present session of parliament, but that his majesty's and lieges' interests and rights therein be reserved as by law.
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The estates of parliament, now convened in this sixth session of the first triennial parliament, ratify and approve the letters of gift made and granted by his majesty under his highness's great seal of this kingdom to his majesty's right trusty cousin and councillor James, earl of Callander during all the days of his lifetime of the office of principal sheriffship of the sheriffdom of Stirling, with all honours, dignities, privileges, immunities, casualties, profits and duties pertaining and belonging thereto, to be held and enjoyed by him during his said lifetime likewise and as freely as any other sheriff principal of any other sheriffdom within this said kingdom has done, does or may do in time coming, fallen and become in the hands of our said sovereign lord and at his highness's gift and disposition by demission and resignation thereof made in his majesty's hands by John [Erskine], earl of Mar, or howsoever the same has become vacant in his majesty's hands by demission, resignation, deprivation or any other manner of way. With power to the said James, earl of Callander during his said lifetime to fence, affix, affirm, hold and continue sheriff courts as often as need be within any part of the bounds of the said sheriffdom, and to that effect to elect, create and cause be sworn deputes under him, clerks, serjeants, dempsters and all other members of court needful, for whom he shall be held to answer, as in the said letters of gift of the date at Newcastle, 4 August 1646 at more length is contained, in the whole heads, articles, clauses, conditions and circumstances specified and contained therein in favour of the said James, earl of Callander; and will and grant that this present ratification of the said letters of gift is and shall be as valid and sufficient to the said James, earl of Callander as if the same were word by word expressed and inserted herein, with the which, and anent all other objections and imperfections whatsoever which may be proposed or alleged against the aforesaid letter of gift and this present ratification thereof, the said estates of parliament have dispensed and dispense by this act for ever.
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The estates of parliament, presently convened in this sixth session of the first triennial parliament, ratify and approve the gift granted by his majesty to Mr Robert Mayne during his lifetime of the office of receiving the impost due to be paid to his majesty for all wines that shall happen to be imported within this his kingdom of Scotland within the bounds contained in the said gift, with the whole fees and casualties belonging thereto specified therein, which gift is of the date 9 January 1647, in all and sundry heads, articles and circumstances of the same; and will and grant and also decree and ordain that the aforesaid ratification is and shall be as valid, effectual and sufficient to the said Mr Robert Mayne as if the said gift were word by word expressed herein, albeit the same be not so done, with the which, and with all defects and imperfections (if any be) that may follow thereupon or that may be moved against the same, the said estates of parliament have dispensed and by this act dispense for ever. And will, determine and declare that the aforesaid gift is and shall be a good and valid right to enjoy, hold and possess the aforesaid office of receiving of the said impost within the bounds aforesaid with all fees and casualties belonging thereto during his lifetime as said is, without any impediment whatsoever to be made to him therein.
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The estates of parliament, presently convened by virtue of the last act of his majesty's second parliament held by his majesty and estates of parliament in 1641, considering that all and sundry the lands of Humbie, with the manor place, houses, buildings, outsets, yards, orchards, tofts, crofts, annexes, connexes, parts, pendicles and pertinents of the same, lying in the parish of Kirkliston and sheriffdom of Linlithgow, were said of old to pertain to the bishopric of St Andrews, and that the same thereafter fell and became in the hands of his majesty's late dearest father by virtue of the act of annexation, and that his majesty's said late dearest father, by his charter under the great seal of the date 26 December 1599 and sasine following thereupon, gave and conveyed to the late Alexander Hamilton of Innerwick and to his heirs and assignees heritably all and sundry the said lands of Humbie, with the manor place, houses, buildings, yards, annexes, connexes, parts, pendicles and pertinents of the same lying as said is, and that upon the said late Alexander's resignation, his majesty's said late dearest father, by a later charter under the great seal of the date 18 October 1603, gave and conveyed to the late Thomas [Hamilton], earl of Haddington, lord Binning etc., grandfather to John, now earl of Haddington and then designed Sir Thomas Hamilton of Monkland, knight, his majesty's advocate, and Dame Margaret Foulis, his spouse, the longest liver of the two in conjunct fee and to his heirs procreated or to have been procreated of his body, which failing, to Thomas Hamilton of Priestfield, his father, and to his male heirs specified therein, which failing, to the heirs and assignees whatsoever of the said late Sir Thomas, all and sundry the said lands of Humbie, with the manor place and pertinents thereof aforesaid lying as said is; and the said late Sir Thomas Hamilton, having acquired the heritable right, kindness and possession of the said lands and others in his person from the late William Hamilton of Pardovan, John Stevenson, elder, of Hirdmansheills† and James Stevenson, his son, and others having right thereto, and that after the restitution of bishops the said late Sir Thomas, having paid to the late George [Gledstanes], archbishop of St Andrews certain great sums of money, therefore and for sundry other onerous causes the said archbishop, with consent of the chapter, by his charter of feu ferm, sealed with his own proper seal and the chapter's seal, containing precept of sasine, of the date 10 January 1607, ratified all and sundry charters, infeftments, precepts and instruments of sasine, instruments of resignation, letters of procuratory, conformation, decreets, writs, rights, titles and securities whatsoever made by his majesty's said late dearest father or any other person to the said late Sir Thomas Hamilton and his said spouse or their aforesaids, and of new gave and conveyed the said lands and others aforesaid to the said late Sir Thomas Hamilton and his said spouse and their aforesaids to be held feu of the said late archbishop and his successors, paying thereof yearly £4 money of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas [11 November], by equal portions, and 13s 4d of augmentation, and doubling the said sum by payment of £9 6s 8d at the entry of the heir in name of feu ferm only; and that his majesty's late dearest father, by his charter of conformation of the date at Edinburgh, 26 November 1607, ratified the aforesaid charter granted by the said late George, archbishop of St Andrews to the said late Thomas, first earl of Haddington (then designed Sir Thomas Hamilton of Monkland) of the aforesaid lands of Humbie and others above-specified, with the pertinents. And likewise the said estates of parliament, now considering that by the abolishing of bishops within the kingdom by the laws and acts of parliament thereof the late Thomas, earl of Haddington, father to the said John, now earl of Haddington and the late Thomas, earl of Haddington, brother to the said John, now earl of Haddington, and also the said John, now earl of Haddington were all three heritably infeft successively after each other in the aforesaid lands and others above-specified with the pertinents, to be held of our sovereign lord the king's majesty and his successors as immediate lawful superiors thereof in feu ferm and heritage in manner specified in their several infeftments, retours and other rights of the same, therefore the said estates of parliament have ratified and approved and by the tenor hereof ratify and approve the aforesaid charters and infeftments respectively, particularly and generally above-specified, with all and sundry their charters, sasines, procuratories and instruments of resignation, conformations, retours, precepts upon retours and sasine following thereupon, and other rights, titles and securities whatsoever made and granted by his majesty and his said late dearest father or by the late archbishops of St Andrews or by whatsoever other person or persons to the said John, now earl of Haddington and the late Thomas earl of Haddington, his brother, the late Thomas, earl of Haddington, his father, and the late Thomas, earl of Haddington, his grandfather, and the late Alexander Hamilton of Innerwick or any of them, or to their or any of their predecessors and authors or introduced or conceived in their or any of their favour, of and concerning the aforesaid lands of Humbie and others respectively above-specified, with the pertinents, of whatsoever date or dates, tenors or contents the same be of, in all and sundry heads, articles and circumstances of the same whatsoever; and will and grant and also decree and ordain the aforesaid ratification shall be as valid, effectual and sufficient to the said John, earl of Haddington and to his male heirs and assignees and successors whatsoever as if the aforesaid charters, infeftments and other writs, rights and securities respectively, particularly and generally above-specified were word by word expressed herein albeit the same be not so done, with the which, and with all that may follow thereupon, the said estates of parliament have dispensed and by this act dispense for ever; and will and declare that the aforesaid charters, infeftments and other rights and securities above-specified shall be good, valid and effectual rights and titles to the said John, earl of Haddington and his aforesaids for holding and possessing the said lands and others above-specified, with the pertinents, heritably and irredeemably in all time coming, notwithstanding of whatsoever impediment, act, statute or objection made or to be made in the contrary, and dissolve the aforesaid lands of Humbie, with the pertinents thereof above-specified, from the crown and patrimony thereof and from the aforesaid late archbishopric of St Andrews and jurisdiction thereof and from all annexations, evictions and benefices whatsoever to which the same was annexed or pertained of before, and that to the effect the aforesaid charters and infeftments may be valid and sufficient rights to the said John, earl of Haddington and his aforesaids for enjoying, holding and possessing the said lands and others aforesaid, with the pertinents, to be held of his majesty and his successors in feu ferm and heritage heritably and irredeemably in all time coming; and also to the effect (if need be) a new infeftment thereof may be passed thereupon after dissolution to the said John, earl of Haddington and to his male heirs and assignees whatsoever, to be held of his majesty and his successors in manner aforesaid.
[1646/11/599]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament, ratify and approve a gift granted by his majesty's late dearest father King James VI of blessed memory under his majesty's privy seal of Scotland of the date at Whitehall, 5 November 1611 to Andrew [Knox], sometime bishop of the Isles, whereby his majesty's late dearest father conveyed to the said late Andrew, his heirs and assignees whatsoever all sums of money that should be resting and owing to his majesty by the late Lauchlan MacLean of Duart, Hector MacLean, his son, Domhnall Gorm of Sleat†, Rorie MacLeod of Herish, Lauchlan MacLean of Coll, Lauchlan MacKinnon of Strathordill, Domhnall mac Aonghais mhic Alasdair of Glengarry†, Alexander MacDonnell of Gorgorvauch, Domhnall mac Ailein†, uncle of Eilean Tioram, Lauchlan MacIntosh of Dinnachtan, Alasdair MacGilleChaluim of Raasay†, Ailean mac Ailein of Ardgour†, Alexander MacAlister of Glenevish, Hutcheon MacKay of Far, for their parts of whatsoever taxations granted to his majesty's late father out of their lands at any time preceding 1 July 1606, and likewise ratify and approve the tax rolls of the said taxations imposed upon the said persons above-named and their lands after the form and tenor thereof, subscribed by Archibald Primrose, clerk to the taxations for the time, and acts of parliament made relating thereto upon the grant of the same taxations, together with the assignation of the said gift and taxations contained therein made by the said late Andrew, bishop of the Isles to the late Mr Thomas Knox, his son, of the date 15 September 1616, and the decreet of the lords of council and session interposed thereto, of the date 15 January 1622, together also with the translation of the said gift and assignation aforesaid made by the said late Mr Thomas Knox to James Mowat, writer to his majesty's signet, and to the other persons and in manner contained in the said translation, of the date 24 January 1622, or of whatsoever date or dates, tenor or contents the same be of. Likewise the said estates of parliament dispense with the generality of the said gift, tax rolls, assignation and translation above-written, and by this act admit the generality hereof to be as lawful and valid to the said James Mowat, his heirs and assignees as if the said gift, tax rolls of the taxation aforesaid, assignation and translation thereof above-written were specially engrossed and set down herein word for word; and will and grant that this act shall be to the said James Mowat and his aforesaids a good right and title to the said letters of gift of the taxations above-written and to the tax rolls thereof and to the said assignation and translation thereof and decreets aforesaid of the lords of session interposed thereto of the dates above-mentioned, according to the tenors thereof respectively in all points. With power to him, according to the said gift, tax rolls, assignation and translation made to him thereof as said is, to uplift and intromit with from the persons above-named the particular taxations imposed upon the aforenamed persons and their lands, and to uplift the same taxations for their heirs and successors of the particular lands above-specified, and to intromit with the goods, gear, sums of money and others pertaining to each one of the persons respectively above-named who are alive and of the heirs and successors of so many of the aforenamed persons as are deceased; and (if need be) that letters be directed by the lords of council and session to command and charge the present heritors of the particular lands above-written and possessors thereof out of which the said taxations were appointed to be paid to the king's majesty in manner and for the causes contained in the acts of parliament and tax rolls made relating thereto in general or by their names especially, as shall be given up by the messengers, executor of the said letters enrolled, to make payment of the particular taxations above-mentioned, each person respectively for their own parts, as are contained in the said letter of gift and tax rolls to the said James Mowat, within the space and according to the aforesaid letters of gift, tax rolls and acts of parliament made relating thereto in the appropriate form under the pain of rebellion and of putting them to the horn; and (if need be) to poind and distrenzie the readiest goods and gear being upon the ground of each one of the particular lands above-mentioned out of which the taxations above-specified were appointed to be paid and make penny thereof and make the said James Mowat to be completely paid of the aforesaid taxations imposed upon each one of the lands above-mentioned as is contained in the said tax rolls after the form and tenor thereof, letters of gift, assignation and translation made thereupon and decreet of the said lords of council and session interposed thereto in all points, which the estates of parliament do hereby ratify and approve in the whole heads, clauses, articles, obligations, conditions and circumstances respectively thereof and hold this present general ratification of the same as sufficient as if the said gift, tax rolls, assignation, translation and others hereby ratified were inserted at length herein, with the which, and anent all other imperfections thereof, the estates of parliament hereby dispense, notwithstanding of any act of parliament, law and statute made in the contrary. Providing always that this present act of parliament shall in no way be extended to any taxations imposed upon the lands and earldom of Kintyre, barony of Islay, priory of Ardchattan, lands and barony of Ardanker and lands of Lochiel for the causes and in manner contained in the said tax rolls, acts of parliament and letters of gift aforesaid, but that the same lands and each one of them shall be free of the payment of the said taxations in all time coming.
[1646/11/600]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament, have ratified, approved and confirmed and do hereby ratify, approve and confirm the act of the committee of estates of parliament of the date at Edinburgh, 30 July 1646 made in favour of Alexander Brodie of Lethen, finding and declaring that the rebels and common enemies of the kingdom in the north did spuilzie, plunder and take away out of his house of Kinloss the whole writs, rights and evidents of his lands and barony of Lethen, Pitgaveny, Ballivat, Fernochtie, East Grange and others pertaining to him, with several bonds, discharges and other writs, and therefore ordaining a signature to be passed in favour of the said Alexander Brodie of Lethen, his male heirs and assignees by the treasurer principal, treasurer depute and other lords of exchequer upon his own resignation, with a new gift of novodamus therein, of all his lands, teinds and others aforesaid freely without any composition to be paid for that, to be held of the king's majesty and his successors, according to the former holdings of the said lands. As also ordaining the aforesaid signature and infeftment to follow thereupon to be likewise passed and issued through the registers and seals freely without any payment to be taken for the same, as the aforesaid act of the date above-mentioned, containing sundry other heads and clauses therein with the reasons and causes whereupon the same is granted, more fully bears, in all and sundry heads, articles, clauses, conditions and provisions respectively of the aforesaid act and according to the tenor thereof in all points. And declare this present ratification thereof to be as valid, effectual and sufficient in all points as if the aforesaid act above-mentioned was inserted word for word herein, with the which, and anent all defects and imperfections of the same and act aforesaid, the estates hereby dispense for ever. And also the estates find and declare that no decreet nor certification of improbation nor reduction shall be granted at the instance of any party or person whatsoever against the said Alexander Brodie and his aforesaids for non-production of the aforesaid writs and evidents granted to him or his predecessors of the lands and others aforesaid in respect the same was spuilzied and taken away by the rebels in manner specified in the said act.
[1646/11/601]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament, ratify and approve the act of the general convention of burghs held at the burgh of Kirkcaldy on 10 August 1644 made by them in favour of the burgh of Kinghorn in granting and giving licence and approbation to the said burgh to convey the lands called the Common and Rosses, reserving the superiority of the lands called the Rosses to themselves for defraying those sums of money which they contracted in buying the same, and which sums they are not otherwise able to pay in respect of their inability, as the said act of the date above-written more fully bears, in the whole heads, articles, clauses and circumstances of the aforesaid act and according to the tenor thereof in all points, and interpose the authority of parliament thereto and declare this present general ratification of the aforesaid act to be as sufficient as if the same were inserted word for word, with the which, and with all other imperfections, the said estates have dispensed and by this act dispense for ever.
[1646/11/602]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, not only ratify and approve the charter of disposition and concession made and granted by his majesty under his highness's great seal, with consent of the commissioner for the treasury, treasurer depute and other lords of exchequer for the time, to Sir William Cochrane of Cowdoun, knight, his heirs and assignees whatsoever heritably and irredeemably of all and whole the benefice (as well temporality as spirituality) of Failford, with all and sundry lands, fruits, rents, emoluments, feu ferm duties, superiorities, patronages, property and tenancy, privileges, liberties, immunities, jurisdictions and casualties whatsoever pertaining and belonging thereto or which may be known to pertain to the same (as well temporality as spirituality) property and tenancy thereof, lying within the sheriffdom of Ayr, with his majesty's new gift contained therein, of the date 18 March 1646, with the precept of sasine and instrument of sasine following thereupon, in all and sundry heads, articles, clauses and conditions contained therein, after the forms and tenors thereof, and statute and ordain this present ratification to be as valid, effectual and sufficient in all respects as if the said infeftment, precept and instrument of sasine following thereupon were at length word by word inserted therein; but also the said estates of parliament have dissolved and by the tenor hereof dissolve from the crown all and whole the said benefice of Failford (as well temporality as spirituality) with all and sundry lands, fruits, rents, emoluments, feu ferm duties, superiorities, patronages, teinds great and small, property and tenancy, privileges, liberties, immunities, jurisdictions and casualties whatsoever pertaining and belonging or which may be known to pertain and belong thereto and others whatsoever pertaining of old to the said benefice of Failford and formerly annexed to his majesty's crown, to the effect that the said benefice (as well temporality as spirituality) of Failford and others above-specified may pertain and belong to the said William Cochrane and his aforesaids heritably and irredeemably as said is in all time coming, according to his charter and infeftment thereof above-specified, precept of sasine and sasines following thereupon in all points. And further it is statute and ordained by the said estates that when occasion shall offer of receiving of vassals or changing of tenants who come in the vassals' place, either as heirs by alienation of the vassals or comprising from them or by any other lawful manner, they shall be held and astricted to enter by the said Sir William Cochrane, his heirs and successors as their only and undoubted superiors in all time coming, and to do all duty to the said superior and his aforesaids at their entry as appertains and as he and they can agree.
[1646/11/603]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament, have ratified, approved and confirmed and by the tenor hereof ratify, approve and confirm to and in favour of Mr Robert Farquhar of Mounie the charter and infeftment granted by his majesty under his highness's great seal of the date 20 February 1643 of all and whole the lands and barony of Mounie, comprehending the towns, lands, mill and others particularly and generally specified in the said charter, with the manor place, towers, fortalices, houses, buildings and whole parts, pendicles and pertinents thereof, lying within the parish of [...] and sheriffdom of Aberdeen, to be held by the said Mr Robert Farquhar, his heirs and assignees contained in the said charter of the king's majesty in manner and for the reddendo mentioned therein, together with the precept and instrument of sasine following upon the same charter in the whole heads, articles, clauses and conditions of the aforesaid charter, precept and instrument of sasine above-mentioned, and according to the tenors thereof in all points. And declare this present general ratification of the same to be as valid and sufficient as if the aforesaid charter, precept and instrument of sasine were inserted and engrossed herein at length word for word, with the which, and with all other imperfections thereof, the estates have dispensed and hereby dispense for ever. And declare the aforesaid charter, precept and instrument of sasine with this present ratification thereof to be good, valid, effectual rights and securities to the said Mr Robert Farquhar, his heirs and assignees aforesaid for holding and possessing the said lands, barony and others mentioned therein, according to the tenors thereof in all time coming.
[1646/11/604]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in this sixth session of the first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve a letter and gift of pension granted by our sovereign lord to his highness's right trusty and well-beloved cousin and councillor Charles, earl of Dunfermline, lord Fyvie and Urquhart, one of the gentlemen of his majesty's bedchamber, of the date at Newcastle, 26 December 1646, whereby, for the causes specified therein, his majesty has given, granted and conveyed to the said Charles, earl of Dunfermline during the whole space of his natural life a yearly pension of £1,000 sterling to be paid yearly to the said earl, his assignees, factors and others in his name during the space aforesaid, the first year's payment thereof to be and begin at Candlemas [2 February] last and so forth yearly and termly thereafter at two terms in the year, Candlemas and Lammas [1 August], by equal halves during the whole space aforesaid of the said earl's lifetime, to be duly paid by his majesty's treasurer present and to come or by any other intromitters with his majesty's rents out of the first and readiest of his majesty's ferms, feu ferms, customs, imposts or any others of his majesty's rents or casualties within the kingdom of Scotland presently pertaining or which hereafter shall happen to accrue to his majesty or his successors in all and sundry heads, articles and clauses of the said letter and gift of pension, which general ratification aforesaid the said estates of parliament will, declare, statute and ordain to be as valid and effectual to the said earl of Dunfermline in all respects for holding and enjoying the aforesaid pension during the space aforesaid and according to the tenor thereof as if the same gift and letter of pension were word for word inserted in this present ratification, with the which, and anent the non-inserting thereof herein at length, the said estates of parliament have dispensed and hereby dispense for ever.
[1646/11/605]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament, taking into their consideration a gift granted by his majesty to Robert Hamilton, servant to [John Lindsay], earl of Crawford [Lindsay], of the place and charge of procurator fiscal of the commissariat of Edinburgh, vacant by the death of Mr John Abernethy who did formerly exercise the same; and, taking into their consideration his abilities and sufficiency for the discharge of the said place of procurator fiscal, they do ratify and approve the said gift in all the heads, clauses and articles thereof in all points in favour of the said Robert Hamilton, that he may hold, enjoy and exercise the said place of procurator during all the days of his lifetime, declaring this to be as sufficient as if the tenor of the said gift were word for word inserted herein, with which the said estates dispense for ever.