On the forty eighth day of parliament
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Prayers said, rolls called.
The estates of parliament, taking into their consideration that the commissary of Aberdeen has his seat of justice within a village called Old Aberdeen, where neither procurators nor other members of court dwell nor can conveniently attend, so that the lieges dwelling within the said diocese of Aberdeen are much damnified and disappointed of justice thereby; and that it would tend much to the good of the lieges that the said commissary did sit and administer justice within the burgh of Aberdeen, where all the other judicatories of that bounds do sit and members of the said commissariat dwell, therefore, and in respect that it is the earnest desire of the commissioners of the shire and burgh of Aberdeen and members of the said commissariat, they do ordain that in all time coming the said commissary of Aberdeen and his deputes shall sit and administer justice within the burgh of Aberdeen where procurators and members of court may attend and the lieges may be eased and not prejudiced through want of their attendance; and declare this act shall be a sufficient warrant for the said commissary to change his seat of justice to the place aforesaid.
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The estates of parliament, taking into their consideration the supplication given in by Colonel Robert Montgomery, making mention that where these eight years bygone the petitioner has been exercised with the employment of the said estates of parliament, both abroad in the kingdoms of England and Ireland and at home within this kingdom of Scotland, in the discharge whereof he has ever, by the blessing of God, endeavoured so to behave himself as he might walk answerable in every thing committed to his trust and to deserve exoneration and approbation thereof by the said estates; and therefore supplicating the said estates of parliament to grant to the said petitioner an exoneration and approbation of his whole former service in the said employments, as also free liberty and licence either to go out of this kingdom or to remain within the same, as the said petitioner shall think most expedient, according to the draft of the paper therewith produced, whereof the tenor follows:
[Abstract translation:]
To emperors, kings, princes and other administrators, etc., having authority by land and sea, in peace and war. The three estates assembled in committee, having knowledge of the faith and perfect merits of the illustrious man Robert Montgomery, son of [Alexander Montgomery], earl of Eglinton, for religion, for renewing agreement in the country, for the king's honour and for the peace and salvation of the kingdom in war, having served with great praise in Scotland, England and Ireland, etc., permit him to go wherever he pleases by land and sea and return freely, and not to be harmed in doing so. Robert may justly request stipends, recurring payments and dues, and opportunely exact the same. Archibald Johnston of Wariston, senator of the college of justice, prothonotary of the committee and keeper of the rolls, signs the same under his hand. At Edinburgh,
as at more length is contained in the said supplication. Which being heard and considered by the said estates of parliament, they do unanimously declare that the said Colonel Robert Montgomery has walked faithfully, ingeniously and answerable in every thing committed to his trust, and therefore have granted a full exoneration and real approbation of all his former services in the employments above-written; as also grant to him free liberty and licence either to go to his travels out of this kingdom or to travel and remain within the same as he shall think most expedient. And to the effect the said Colonel Robert Montgomery may have the more safe and free pass and travel without trouble or interruption in or to any foreign parts abroad amongst strangers, the said estates of parliament ordain the director of our sovereign lord's chancellery to write and extend the same in the most ample form to the great seal, and ordain [John Campbell], earl of Loudoun, lord high chancellor of Scotland, to append the said great seal thereto without passing any other seals or registers.
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The estates of parliament, considering how necessary it is for the just ordering and directing of the matters of exchequer and for gathering in and managing his majesty's rents and casualties for the good of his service and ease of his subjects, that some faithful and able persons be chosen and elected to supply the place and office of treasurer principal, therefore they do hereby make, nominate and constitute John [Campbell], earl of Loudoun, lord high chancellor, Archibald [Campbell], marquis of Argyll, Alexander [Montgomery], earl of Eglinton, John [Kennedy], earl of Cassilis, Robert [Balfour], lord [Balfour of] Burleigh and Sir Daniel Carmichael [of Hyndford], treasurer depute, his majesty's commissioners of treasury, comptroller and treasury of new augmentations, and hereby give, grant and renew to them or any three of them the power, warrant and commission formerly granted by the act of parliament of 17 November 1641 to the commissioners for the treasury nominated therein with the privileges and casualties contained therein, excepting from this the clause contained and conceived in favour of Sir James Carmichael [of that ilk], then treasurer depute, and without prejudice of any right competent to Sir Daniel Carmichael, now treasurer depute, whensoever there shall be a high treasurer settled. And this present commission to endure until it be recalled in parliament.
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The estates of parliament, considering how necessary it is for his majesty's interests and ease of his subjects that a commission of exchequer be granted to a certain number of noblemen and others able and well qualified, by whose care, counsel and advice the managing and right governing of his majesty's rents and casualties may be ruled, guided, ordered and directed; as also considering that for the good of his majesty's service and the ease and satisfaction of his subjects, they have made and constituted by an act of this present parliament John [Campbell], earl of Loudoun, lord high chancellor, Archibald [Campbell], marquis of Argyll, Alexander [Montgomery], earl of Eglinton, John [Kennedy], earl of Cassilis, Robert [Balfour], lord [Balfour of] Burleigh and Sir Daniel Carmichael [of Hyndford], treasurer depute, commissioners for the treasury, comptroller and treasury of his majesty's new augmentations within this kingdom, therefore they do hereby nominate, choose and appoint Francis [Scott], earl of Buccleuch, Archibald [Douglas], lord Angus, Robert [Arbuthnott], viscount of Arbuthnott, David [Wemyss], lord Elcho, James [Elphinstone], lord Coupar, Sir David Home of Wedderburn, Sir Hugh Campbell of Cessnock, [Alexander]†Brodie of that ilk, Mr George Winram of Liberton, Sir Thomas Ruthven of Freeland, Sir William Cunningham of Cunninghamhead, Sir John Hope of Craighall, Mr Alexander Colville of Blair, Sir James Stewart [of Kirkfield and Coltness], provost of Edinburgh, Alexander Jaffray, [...], George Porterfield, provost of Glasgow, Mr Robert Barclay, provost of Irvine, and Hugh Kennedy, provost of Ayr, over and above all and every one of the officers of state (or any four of them, with any three of the commissioners of the treasury to be a quorum) as commissioners of exchequer, and hereby renew to them and prorogate the commission formerly granted to the exchequer upon 1 February 1645 and renewed and prorogated upon 25 March 1647. Excepting always from this the power thereby given to them to grant right of any patronages of churches, and also excepting the power of granting remissions for the crimes of slaughter and adultery. Excepting likewise from this the clause conceived in favour of [Sir James Carmichael [of that ilk], then treasurer depute, without prejudice of any right competent to]†Sir Daniel Carmichael, now treasurer depute, whensoever there shall be a high treasurer settled. And this present commission to endure until the next session of parliament.
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The which day in presence of the estates of parliament compeared personally John Rowan, writer to his majesty's signet, and for obedience of an order of parliament of 15 March instant, exhibited and produced his majesty's signet and thereupon asked instruments, and protested that his exhibition and delivery thereof should be a sufficient exoneration to him at all hands. Which signet was thereafter in plain parliament delivered to Archibald [Campbell], marquis of Argyll, in name and on behalf of William [Kerr], earl of Lothian, now secretary to his majesty, who, in name of the said earl of Lothian, asked instruments upon his receipt thereof.
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The which day in presence of the estates of parliament compeared personally John Learmonth, writer to his majesty's signet and keeper of the privy seal, and for obedience of an order of parliament of the date 15 March 1649 instant, exhibited and produced the said privy seal in name of Robert [Ker], earl of Roxburghe, late lord privy seal, and protested that his exhibition and production thereof for obedience of the order of parliament aforesaid should be a sufficient exoneration and liberation of the said Robert, earl of Roxburghe and the said John Learmonth himself at all hands, and thereupon asked instruments. Which seal exhibited and produced aforesaid was then instantly given up and delivered in plain parliament to John [Gordon], earl of Sutherland, lord privy seal, who being personally present, accepted and received the said seal and made faith for faithful administration for discharge of his duty in that trust and charge imposed by the said estates of parliament upon him as lord privy seal, and thereupon asked instruments.
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The estates of parliament, taking into their consideration that they by their act of 15 March have ratified an act of the committee of estates of 28 December last in the whole heads, clauses and articles thereof made and conceived in favour of Sir John Wemyss of Bogie, knight, late commissary-general, whereby they found the sums contained in his old accounts (which made the overspend thereof and were not really paid before September last, but were either taken upon trust or given bond for by him or assigned to be paid by the shires) to be a public debt, and exonerated the said Sir John thereof, as the said act of the date, tenor and contents aforesaid at more length bears. And considering also that the sum of £32,466 13s 4d Scots money of principal, £2,000 of expenses due by the said Sir John Wemyss of Bogie, knight, by his bond to Sir Alexander Hamilton, general of the artillery, and Sir James Fraser of Brae, knights, of the date 8 August 1648, with the bygone annualrents thereof since the date of the said bond and in time coming during the non-payment of the said principal sum, falls under the compass of the said act, and that justice, equity and reason require that they ought to be satisfied of the sum aforesaid due to them by the said Sir John Wemyss and contained in his bond, therefore the said estates of parliament declare that the aforesaid sums owing formerly by the aforesaid bond granted by the said Sir John Wemyss to the said Sir Alexander Hamilton and Sir James Fraser to be now a public debt and that the public is liable for payment thereof to them. And for the more effectual and sure payment thereof, the said estates of parliament have seriously recommended and remitted to the committee of monies to see them satisfied thereof out of any public dues preceding Lammas [1 August] last or out of any sums of money to be borrowed.
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The estates of parliament, taking into their consideration the supplication given in to them by Archibald, marquis of Argyll etc., showing that where at the passing of his accounts with the public before the estates of parliament, they inclined that he should have that £1,000 sterling which he did lend for the use of the Scottish army in Ireland repaid, otherwise then the estates have appointed the rest of his account to be paid. Supplicating therefore and in respect of the necessity of his affairs that the said estates would be pleased to ordain that he should be paid of the said £1,000 sterling out of the readiest of the monies to be borrowed for the use of the public, and to that effect to draw a precept on [Sir James Stewart of Kirkfield and Coltness], commissary-general, as at more length is contained in the said supplication. Which being heard and considered by the said estates of parliament, they have ordained and ordain the said Archibald, marquis of Argyll, supplicant aforesaid, to be satisfied and paid of the said sum of £1,000 sterling out of the readiest monies to be borrowed for the use of the public, and for that effect give and grant precept to Sir James Stewart of Kirkfield, commissary-general, to make payment to the said Archibald, lord marquis of Argyll etc. of the aforesaid sum of £1,000 sterling out of the first and readiest of the monies to be borrowed for the use of the public, and declare this precept, with the discharge of the said Archibald, lord marquis of Argyll upon the receipt thereof, to be a sufficient ground for allowing the said sum to the said commissary-general in his accounts.
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The estates of parliament, considering that the late king's majesty did found and mortify to the university of Glasgow the feu mails, feu ferms, teinds, teind duties and annualrents of the bishopric of Galloway to be employed for the use of the principal, professors, regents and other members of the said university at the sight of the commissioners appointed or to be appointed by his majesty and estates of parliament for visiting the said university, and that the king's majesty and estates of parliament in 1641 gave power and commission to certain persons mentioned therein for visiting the said university of Glasgow and for employing the said feu mails and others above-specified amongst the principal, professors, regents and other members of the said university, in manner at length mentioned in the said commission; with power to them to order the course of the studies of the youth and to set down orders for ruling the said university, it is most expedient that a new commission be granted in this present parliament to the effect above-written and below-written. Therefore the estates of parliament nominate and appoint the persons respectively after-following, namely: [Archibald Campbell], marquis of Argyll, [Alexander Montgomery], earl of Eglinton, [John Kennedy], earl of Cassilis, [John Sandilands], lord Torphichen, Mr Robert Douglas, Mr Mungo Law, Mr James Hamilton, Mr John Smith, Mr William Dalgleish, Mr Robert Blair, Mr James Bonar, Mr James Bell, Mr James Naismith, Mr Patrick Sharp, Mr Richard Inglis, Mr Gabriel Maxwell, Mr John Neeve, Mr Matthew Mowat, Mr David Elphinstone, Mr John Hamilton, Mr Patrick Colville, Mr Patrick Gillespie, Mr George Burnett, Mr Hugh MacCall, Mr James Durham, Mr William Russell, Sir William Carmichael, [Sir Archibald Johnston of Wariston], lord register, [Sir John Hope of] Craighall, [Sir Ludovic Houston], laird of Houston, [Sir William Cunningham], laird of Cunninghamhead, [Muir], laird of Rowallan, [Sir George Maxwell], laird of [Nether] Pollok, [William Muir], laird of Glanderston, [Hugh Campbell], laird of Cessnock, [Mr William Sandilands], laird of Hilderston, Hugh Kennedy, Mr Robert Barclay, George Porterfield and [John Campbell, earl of Loudoun], lord chancellor, supernumerary, to whom or any [...] of them as a quorum, [...] of them being ministers and [...] of the other persons above-named as their commissioners in that part to the effect after-specified, with power to them to meet, convene and visit the said university of Glasgow at [...] upon the [...] day of [...], or at any other diet or place to be appointed by them as they shall think expedient, to summon and convene before them all the members of the said university, their chamberlains, factors, stewards and others interested therein, to bring with them, exhibit and produce before the said commissioners their several rentals, accounts and other writs and evidents whatsoever of and concerning the old rents and new augmentation lately founded and mortified to the said university in manner aforesaid, that after inspection had and consideration taken of the said rentals, accounts and others aforesaid, the said commissioners, having perfect knowledge of the present condition of their old rents and new augmentation, may thereafter proceed to the employing of the said rents old and new for the use of the said university and members thereof aforesaid as they shall think expedient. With power also to the said commissioners or quorum aforesaid to order the course of the studies of the youth and public professions and to rectify what is amiss for the better training of the youth in piety and learning and advancement of the public good of this kingdom and church, and to use and exercise all other things necessary in the premises that to the office of commissioners in such cases of the law and custom of this realm are known to pertain, likewise and as freely in all respects as any others of his majesty's commissioners in such cases or affairs have or might have lawfully done at any time bygone or in time coming. And this commission shall endure until the same be discharged by the parliament or convention of estates.
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The which day it being moved in parliament that since they in their justice have thought fit to ordain the sentence and doom of forfeiture to be executed against the late [George Gordon], marquis of Huntly, yet since his eldest son now is not such a person as is declared incapable of pardon, that therefore the parliament out of their goodness might be pleased to declare their willingness to receive him in favour and restore him against the forfeiture without prejudice of his lawful creditors, he offering to come in and give satisfaction to the church and state between now and the [...] day of May next to come. Which motion being considered by the said estates of parliament, they approve the same and declare that if he shall make offer to satisfy the church and state between now and the said [...] day of May next, then and in that case they will receive him again in favour and restore him against the decreet of forfeiture pronounced against his said father without prejudice of his lawful creditors.
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The estates of parliament, taking into their consideration the supplication given in to them by Lieutenant Colonel James Menzies, making mention that where it is not unknown to the estates of parliament and to the whole kingdom how the supplicant apprehended and brought in the late [George Gordon], marquis of Huntly, and that for his service therein there was due to him £1,000 sterling, being that which by act of the committee of estates of the date 30 May 1644 was promised to any who should bring him dead oralive; and which sum, with the annualrent thereof until it be paid, the committee of estates by their act dated 7 January 1648 have ordained to be due to him by the public, and ordained [Sir John Wemyss of Bogie], late commissary-general, to pay the same, as the said act therewith produced more fully purports; nevertheless, he has received no payment thereof. Supplicating therefore that the said estates of parliament would be pleased to take a present course for payment to him of the said sum of £1,000 sterling, with the bygone annualrents thereof, or by the acting of the said service the supplicant has not only the malice and evil will of all the friends of the house of Huntly, but also of his own friends who were followers of it; and so if he shall want payment any longer of that which he has so well deserved and for which he has so many enemies, the said estates may easily judge what great discouragement it will be both to others and him to do service of that kind to the public hereafter, as at more length is contained in the said supplication. Which, together with the acts above-specified being heard and considered by the said estates of parliament, they have remitted and remit the same to the committee of monies to take some present effectual course for the supplicant's payment and satisfaction of the aforesaid sum of £1,000 sterling, with the annualrent thereof since 7 January 1648, according to the aforesaid act made relating thereto.
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The estates of parliament, having taken into their consideration a supplication given in to them by Robert, viscount of Arbuthnott, making mention that for the supplicant's affection to the cause and covenant and adherence to the reformation that the kirk and present estates of this kingdom does maintain, the said supplicant has been most maliciously oppressed and almost ruined. For in the month of March 1645 his lands within the sheriffdom of Kincardine were burnt and wasted by James Graham, [earl of Montrose] and his adherents, enemies to this kirk and kingdom, and his losses at that time did exceed all those of his quality where he lived, which is proven and registered in Mr David Hay's register and does amount to the sum of £80,000 or thereby, for his lands were not only destroyed and wasted by burning the whole houses and corns thereon, but his tenants and servants were most cruelly murdered. And at that same time his lands in Angus were likewise spuilzied by him and thereafter were quartered upon by the regiment of horse of [William Hamilton], earl of Lanark for the space of 40 days, as was instructed by the billets given in to [Sir Adam Hepburn of] Humbie, for which the said Robert, viscount of Arbuthnott has neither received allowance nor satisfaction. At which time the said regiment exhausted more than four years' rent of these lands, so that the said Robert, viscount of Arbuthnott has been necessitated to borrow great sums of money for replenishing his lands and his own maintenance and bearing of public burdens. Yet notwithstanding of all his losses and sufferings, the said Robert, viscount of Arbuthnott never has received so much as any favour or forbearance until now or signified any resentment thereof, although he knows that there is none north of the River Tay that has suffered as he has done but has received some satisfaction, less or more. And because the said Robert, viscount of Arbuthnott knows the kingdom is in such a condition for the present that losses and sufferings can neither be eased nor relieved, his supplication humbly is that the said estates of parliament would be pleased to liberate him from this present levy in regard of his constant affection and former sufferings until such time they may be more able to take his hard condition into further consideration, as the said supplication at more length bears. Which being heard and taken into consideration by the said estates of parliament, they have liberated and liberate the said Robert, viscount of Arbuthnott from this present levy, both of horse and foot which ought to have been put out of any of his lands, and that in respect of his constant affection and of his former extraordinary sufferings.
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The estates of parliament, taking into their consideration the supplication given in by Major Thomas Weir, showing that he was lately informed of an act of parliament or committee ordaining all lawful creditors of the late [George Gordon], marquis of Huntly to produce and give in their bonds, contracts and other rights made and granted to them by him, to the effect the same might be recorded and approved as true and lawful debts, with certification that what should not be produced before the time appointed by the said act should not be respected. And seeing the said late marquis was indebted and owing to the late John Burdon the debts and sums after-specified, which now belong to his daughters and to the said Major Thomas Weir as tutor and curator to them, namely: the sum of £115 Scots payable at Martinmas [11 November] 1639, with £30 of expenses and annualrent, according to his bond of 14 September 1639; another 2,000 merks payable at Whitsunday [24 May] 1640, with 500 merks of expenses and annualrent, according to another bond of 25 November 1639. Item, another 1,000 merks, according to a precept directed by the said late marquis to Alexander Bruce, his servant for the time, dated 25 November 1639. And seeing the aforesaid debts are minors' gear, even all they have to live upon, their humble desire is that the parliament would be pleased to cause record the aforesaid two bonds and precept and sums above-specified contained therein and approve the same to be as lawful debts before the time prescribed by the said act, as at more length is contained in the said supplication. Which, together with the opinion of the committee of bills, being taken into consideration by the said estates of parliament, they have ordained and ordain the said two bonds and precept to be recorded in the books of parliament and approve the same to be lawful debts as if they had been recorded and approved before the time expired, which was appointed by the aforesaid act; and ordain the said sums to be a sufficient ground to affect the lands, estate and living of the said late marquis in case the same be not conveyed upon by the public, according to the last act of parliament.
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The estates of parliament, taking into their consideration the supplication given in to them by Mr Robert Barclay, showing that there being justly resting to him by the public the sum of £500 sterling, which he was forced to borrow upon interest and exchange for the charges and expenses he was at, being employed as one of the commissioners of this kingdom to the kingdom of England, the committee of estates, by their precept of 2 November last, were pleased to ordain Sir James Stewart [of Kirkfield and Coltness], commissary-general, to pay to him the said sum, with the annualrents thereof, out of the readiest of the public dues, the army being first satisfied; but in regard of the great burdens lying on the kingdom, he has not been able to satisfy the same. And seeing the parliament has by their act concluded that there shall be money borrowed to help to defray the public debts of the kingdom, therefore supplicating that the parliament would be pleased to appoint him to be paid of the aforesaid sum out of the readiest money to be borrowed for the use of the public from any burgess of his quality, and to recommend him to the committee of monies for giving warrant to cite such as shall be condescended upon by him, as at more length is contained in the said supplication. Which, together with the opinion of the committee of bills, being taken into consideration by the said estates of parliament, they have ordained and ordain the said Mr Robert Barclay to be paid and satisfied of the said sum of £500 sterling and annualrent thereof due to him by the aforesaid act of the committee of estates, and that out of the readiest monies to be borrowed from any burgess of his quality whose names he shall give up to the committee of monies, without prejudice always of the just and equal half of those sums which shall be borrowed to be employed for the use of the public, according to the former order of parliament.
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The estates of parliament, taking into their consideration a supplication given in to them by Sir Thomas Ruthven of Freeland, showing that where in affection to the good cause in the public necessity he did lend for maintenance of the forces in Ireland the sum of £100 sterling, as the act of the date [...] bears; in the same manner did pay to Sir William Dick of Braid 2,000 merks, which he desires your lordships may recommend to the committee of monies, to take some effectual course for repayment of the same principal and annualrents as shall be instructed to them, as at more length is contained in the supplication. Which being heard and considered by the said estates of parliament, they have recommended and seriously recommend to the committee of monies to take some effectual course for repayment of the aforesaid sums, principal and annualrents, to the said Sir Thomas Ruthven according as he shall instruct the same to them by production of the bonds.
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The estates of parliament, taking into their consideration a supplication given in by Mr Alexander Gardyne, minister at Forgue, showing that after he had bought his manse at a dear rate from Mr William Douglas, now professor of divinity in the old town college of Aberdeen, he had his building and manse all destroyed by fire done by the rebels, and since then has often been totally plundered in later rebellions and insurrections. Therefore desiring that the act of the presbytery of Turriff relating to his manse might be ratified in parliament, as the supplication bears. Which, together with the aforesaid act of the presbytery of Turriff, whereof the tenor follows: At Turriff, 9 December 1647, the said day the moderator, brethren and members of the presbytery, by virtue of a reference of the provincial assembly held at Banff on 19, 20 and 21 October, requiring the moderator and brethren of the presbytery of Turriff to take notice of the manse of Forgue, totally burnt and wasted by the enemy, belonging to Mr Alexander Gardyne, present minister at Forgue, bought by him from his predecessor, Mr William Douglas, professor of divinity within the famous university of old Aberdeen at a dear rate, namely: the sum of £600 besides a mortified house which cost him nothing, wherein the said Mr Alexander presently dwells; and in respect the said Mr Alexander had built again the said mortified house and a part of the residue of the manse conveyed to him, in better form than it was at his entry, and was to build and repair the rest of the manse as yet unpossessed after the said manner, and therefore had supplicated the said provincial assembly to interpose their authority that seeing the said manse was to stand him double or more of that for which he bought it at the first (over and above the rebuilding of the said mortified house), that he might have compensation by his successor made to him in case he be transplanted or to his widow or executors according to that which he gave for the building at his entry, over and above the charges well spent by him in rebuilding the said mortified house or according to the worth of the whole building. According to which provincial ordinance the presbytery, having recommended the visitation of the building to Mr Andrew Massie, minister at Auchterless, and Mr Alexander Scrogie, minister at Drumblade, who having visited the said manse and building and finding that he had built the said mortified house with some others on his own charges in a far better form than they were at the first, and that the said Mr Alexander was about the building of the rest of the building in that same manner, therefore the presbytery, according to the power committed by the said provincial assembly to them, ordain that the entrant successor to the said Mr Alexander gives him or his heirs, or widow in case of his death, satisfaction for the whole building upon the said manse according to the worth and value of them at his successor's entry as they shall be comprised by the sight of men of judgment, conscience and understanding; and that his said successor shall be held to give his consent to the said act before his admission as is in itself is most equitable. Extracted from the book of acts of the presbytery of Turriff by me, the scribe of the same, written below. Signed thus, Mr Andrew Massie, in the whole heads, articles clauses and contents thereof.
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The estates of parliament, taking into their consideration a supplication given in by Sir William Cunningham of Cunninghamhead, knight, showing that there is indebted to him by the public the sum of 3,700 merks of principal, over and above the annualrents thereof, partly lent by him to the public and partly as a part imposed upon me of Sir William Dick [of Braid's] bond of 200,000 merks; of which he has received no payment nor annualrents thereof since giving out the same. Therefore craving warrant for payment of the same out of any monies due to the public within the sheriffdoms of Ayr and Wigtown preceding March 1648, and if that proves not effectual, that then he may have payment from the fines and borrowed monies, and that the parliament would recommend the same to the committee of monies to make the same effectual, as the supplication bears. Which, together with the opinion of the committee of bills bearing the same to be sufficiently instructed, being taken into consideration by the estates of parliament, they have recommended and recommend seriously to the committee of monies that some real and effectual course may be taken for the said Sir William Cunningham's satisfaction, either by the way above-specified set down in the said supplication or by any other way they shall think fit and expedient.
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The estates of parliament, taking into their consideration a supplication given in by Marie Drummond, widow of the late William Bruce of Kincavil, showing the great losses sustained by her and her said late husband, first after the conflict at Kilsyth, their lands being totally wasted and their house plundered, and thereafter at the time of the armies lying near Linlithgow, there was destroyed upon their lands 281 bolls and a half apprized by honest and sufficient men and not a horse left upon the ground, there being spuilzied and taken from the said bounds goods to the value of £623 6s 8d. Whereupon the supplicant having submitted herself to the committee of estates, they granted her precept to the commissary-general for payment of 2,500 merks Scots in part payment of her losses and sufferings, which she can in no way get paid notwithstanding of the said precept, and therefore supplicating that some effectual course may be taken for her satisfaction, and that until she gets further reparation she may be free of putting out horse and foot and liberated of quarterings, monthly maintenance and other public burdens, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they have remitted and recommended to the committee of monies that some effectual course may be taken for payment to the supplicant of the aforesaid sum of 2,500 merks contained in the said precept, and have remitted and remit the other points of the said supplication anent the liberating of her from quarterings, putting out of horse or foot, paying of monthly maintenance and other public dues to the committee of estates, that such course may be taken therein as they shall think fit.
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The estates of parliament, taking into consideration that by decreet and sentence of parliament of the [...] day of March 1645 George Gordon, sometime marquis of Huntly is forfeited in life, lands and goods for the crimes of treason mentioned therein and doom and sentence of law pronounced against him by a dempster, as the same decreet and sentence of the date aforesaid more fully purport; and they having caused sight this day before them the said George Gordon, who was not in the power or hands of the estates of this kingdom at the time of the pronouncing of the sentence of forfeiture, but having been taken after the said sentence he has been kept in prison until now; and the said estates of parliament having caused intimate to him the said decreet and sentence of forfeiture in his audience, they ordain the aforesaid sentence and doom of forfeiture to be put in execution, and for that effect ordain him to be taken to the market cross of Edinburgh upon Thursday next, 22 March, and there his head is to be struck from his shoulders, and ordain the magistrates of Edinburgh to see the aforesaid sentence and doom put into execution.
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The estates of parliament, taking into their consideration the supplication given in by George Dundas of Duddingston, showing that upon 22 June 1644 he did lend the sum of 1,800 merks Scots to the public, according to an act of the date aforesaid therewith produced, which, with the annualrent thereof since then, is yet resting to me, besides many other losses and sufferings sustained by the supplicant at the time of James Graham, [earl of Montrose's] rebellion and the late unlawful Engagement. Therefore desiring that the parliament would be pleased to pass an act in this present parliament, ordering him to be paid of the same sum and annualrent thereof out of such monies as should be borrowed from persons of his own quality and whose names he shall give up to the committee of estates; and to appoint the one half of the said sums to be paid to [Sir James Stewart of Kirkfield and Coltness], commissary-general, for the public use, and the other half to the supplicant until he be paid as said is, as the supplication bears. Which, together with the opinion of the committee of bills given thereupon, finding the desire of the said supplication to be reasonable and ought to be granted, being taken into consideration by the said estates of parliament, they have ordained and ordain the said George Dundas of Duddingston to be satisfied and paid of the aforesaid sum of £100 sterling and annualrents thereof lent by him to the public in June 1644, and that out of the sums of money to be borrowed from or fines to be imposed upon such of his quality as he shall give up to the committee of estates, the one half to be applied to the use of the public; and grant precept to the commissary-general for payment to the said George Dundas of the aforesaid sums to be received in in manner above-specified, which precept, together with the said George Dundas of Duddingston's discharge upon the receipt thereof, shall be a sufficient exoneration to the said commissary-general to get the same allowed in his accounts.
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The estates of parliament, having taken into their consideration a supplication given in by Andrew MacCulloch [of Glastilloch], commissary of Tain, for himself and in name and on behalf of the said poor, decayed burgh and community, making mention that where in September last [Hugh Rose], the baron of Kilravock came to the said burgh with 100 foot and 35 horse and most violently and rigorously oppressed the said burgh in quartering upon them for the space of four days and four nights, and, besides their quartering, destroyed the supplicants' grass and corn most maliciously, and neither himself or any of his commanders would pay so much as one penny for ordinaries or extraordinaries, desiring from them the maintenance of October, November and December following by warrants from [Sir John Wemyss], laird of Bogie and his depute, Robert Gray [of Ballone], which was refused absolutely by the said supplicants until they had received order from the committee of estates. But least that the poor commons should be altogether certain thereof, the town's men, with the said Andrew, by the advice of [Stirling of] Mey and [Sir John Sinclair of] Dunbeath, granted a bond for the said three months' maintenance, the copy whereof, with a supplication, the supplicants directed to the committee of estates, who, having considered the heavy, rigorous oppression done to the supplicant by the said baron of Kilravock and his people, ordained by an act the said bond to be void, null and of no effect, as itself does testify. Notwithstanding whereof, John Forbes, depute to Sir James Stewart [of Kirkfield and Coltness], now commissary-general, craves payment thereof, and the said Andrew knows not but the poor town is already troubled for the same, which in reason cannot be craved by reason of the committee of estates' ordinance and the said decayed town's sufferings exceeding the three months' maintenance. Therefore craving warrant to the commissary-general or John Forbes, his depute, that the poor town nor the inhabitants thereof be not troubled for the said three months' maintenance; and if the same be already exacted, that it be allowed in the next month's maintenance, as at more length is contained in the said supplication. Which, with the opinion of the committee of bills relating thereto, being heard and considered by the said estates of parliament, they have declared and declare the aforesaid bond granted by the said burgh of Tain for the three months' maintenance of October, November and December last, and which bond was declared by the committee of estates upon 1 November last to be void and to have been from the beginning, to be now and in all time coming void, null and of no value, force nor effect with all that has followed or may follow thereupon, and exonerate and discharge the said burgh of Tain of the sum of £20 sterling of their excise preceding the month of October last in respect the maintenance and excise since October cannot be discharged by them in prejudice of the maintenance of the army.
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The estates of parliament, having taken into their consideration a supplication given in by Mr James Urquhart, minister at Galashiels, making mention that whereas he is infeft and seised in a tenement of land lying at the foot of the Canongate, occupied by Laurence Graham, James and Janet Scott and [...], and the said Mr James, having intended action of removing against the aforesaid tenants in the month of February last before the sheriff of Edinburgh and his deputes for removing from the said tenement of land against Whitsunday [21 May] last, in regard the same land had become ruinous, the said Mr James being likewise frustrated of the payment of the mails and duties of the land for various years before, he also pursued the said tenants for the mails and duties thereof. Notwithstanding whereof, the said tenants, taking advantage of the time, knowing that the session was not then sitting nor by all appearance was to sit for a long time thereafter, did purchase advocation upon false and dishonest reasons from the said sheriff of Edinburgh of both the aforesaid actions, only of set purpose to put him to charges and delay him of his just and lawful pursuits, he being a poor minister, not able to wait on and to spend charges before the lords of session, and being now necessitated to mortgage the said tenement for a small sum for supplying his wife and five children's necessity, is constrained to plead for justice from the parliament. Therefore humbly craving order to warn the said tenants before two or three of the lords of session presently in town, or any others whom the parliament shall be pleased to appoint, and bring with them the aforesaid advocation, and, accordingly as they shall think fit, either to remit the said causes to the judge ordinary from whom the same was advocate or else to determine therein according to equity, and to cause the defenders find caution for damage and interest sustained by the said Mr James Urquhart through their malicious delaying and postponing of him in his just and lawful pursuits, as the supplication bears. Which being heard and considered by the said estates of parliament, they have remitted and remit the action of removing and of mails and duties aforesaid against the said tenants of the tenement of land at the foot of the Canongate to the sheriff principal of Edinburgh and his deputes, and ordain them to proceed and administer justice therein to the said parties as they will be answerable to his majesty for execution of their office; and that notwithstanding of the whole reasons of advocation as neither relevant nor proven. Reserving always to the parties' interest their action of reduction according to the law.
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The estates of parliament, having taken into their consideration the supplication given in to them by Sir Robert Graham of Morphie, knight, to whom and in whose favour the disposition after-specified is made and granted, Mr James John and Robert Sibbald and other bairns of the late Mr James Sibbald of Kair, parson of Benholm, showing that the said late Mr James, resolving to distribute the price of his lands of Kair and pertinents thereof amongst his children, did for that effect convey and entrust his said lands to the said Sir Robert, by which disposition he ordained the price of the lands to be distributed amongst his children and other friends, according to the division specified in the said disposition thereof, which disposition was left by him in the hands of the late Robert Keith, writer and former thereof, to be forthcoming to his said children. And the said Robert Keith being now dead, the said disposition is now in the hands of Alexander Burnett of Craigmill, who is tutor to the bairns of the said late Robert Keith and who intromitted with his whole writs and who is content upon warrant to give the same for the use of the supplicants. Supplicating therefore that the said estates of parliament would give warrant to John Barclay of Johnstoun-[Barclay], Sir James Ramsay of Benholm, Mr James Nicolson of Kirkside, Mr William Rait, bailie of Old Aberdeen, Andrew Arbuthnott of Little Fiddes and [...] Rait of Balandro, or any two of them, to review the writs of the said late Robert Keith, writer, and to cause give up and deliver the aforesaid disposition or any other writs which they shall find pertaining to the said late Mr James Sibbald to the said Sir Robert Graham for the use of the said supplicants, as at more length is contained in the said supplication. Which, together with the opinion of the committee of bills, being taken into consideration by the said estates of parliament, they have given and granted and by this act give and grant full warrant and commission to the said John Barclay of Johnstoun-[Barclay], Sir James Ramsay of Benholm, Mr James Nicolson of Kirkside, Mr William Rait, Andrew Arbuthnott of Little Fiddes and [...] Rait of Balandro, or any two of them, and to the said Alexander Burnett of Craigmill, intromitter with the writs of the said late Robert Keith, to review the said writs and to give up the aforesaid disposition with any other writs pertaining to the said late Mr James Sibbald to the said Sir Robert Graham of Morphie upon his receipt thereof, to be forthcoming by him for the use of the said bairns or any others having right thereto without prejudice of any parties' right and interest concerning the said writs according to the law.
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The estates of parliament, having taken into their consideration a supplication given in by Mr Thomas Henderson, making mention that where there is £775 8s 3d sterling money due to him in arrears as secretary to his excellency, [Alexander Leslie], earl of Leven and clerk to the committee of estates which did reside with the army in England, besides £200 sterling more due to the said supplicant as secretary to the said lord general and Lieutenant General David Leslie in the expedition against the rebels in this kingdom; as also that the said supplicant has faithfully and diligently attended the committee these seven months bygone without receiving any acknowledgment to himself or any of his servants. Humbly therefore craving that the said estates of parliament would ordain him for the present only to be paid of the first £775 8s 3d sterling out of the first and readiest of the monies to be borrowed for the use of the public or other public dues, until the said estates of parliament at some time more convenient takes the supplicant's other just concerns into further consideration, as at more length is contained in the supplication. Which being heard and considered by the said estates of parliament, they have ordained and ordain the said Mr Thomas Henderson, supplicant aforesaid, to be satisfied and paid of the aforesaid sum of £775 8s 3d sterling due to him in manner above-specified, and that out of the first and readiest of any monies to be borrowed for the use of the public or other public dues. And for his more sure payment, have recommended and seriously recommend to the committee of monies to take some effectual course that payment may be made to the said Mr Thomas Henderson, petitioner aforesaid, of the sum above-written appointed to be paid to him, and that in regard of his dutiful, seasonable and faithful service performed by him to the public.
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The estates of parliament, taking into their serious consideration the pains and service taken and done by John Dickson of Hartree in the ordering, forming, booking and recording of the whole acts, ordinances and records of the several bygone sessions of parliament from 15 May 1639 to 10 June 1648, contained in the three several registers of parliament exhibited by him and delivered at command of parliament to Sir William Scott [of Clerkington], clerk of parliament, for obedience of their act of 5 January last, and for which, nor for no other of the supplicant's pains in the parliament's service during the space aforesaid, neither he nor his servants have as yet received any recompense or satisfaction at all; neither yet is he repaid of the sums of money nor annualrents thereof really lent by him to the public, mentioned in his supplication given in to the parliament relating thereto. The said estates have ordained, modified and appointed and do hereby modify, ordain and appoint the sum of £300 sterling to be given to the said John Dickson in recompense and remuneration to him for his dutiful and faithful service, pains and travails done and taken by him in the parliament's service aforesaid. And herewith also the said estates of parliament, having likewise taken into their consideration the said John Dickson's real and constant affection to the covenant and good cause now in hand, expressed by his carriage and by lending considerable sums to the public, whereof the greatest part, with the annualrents thereof, is yet unpaid to him, and whereof the parliament by their act of 5 January last declared they would take speedy and real course for his satisfaction, the estates of parliament do therefore hereby seriously recommend to the committees of monies to grant precept and warrant to [Sir James Stewart of Kirkfield and Coltness], commissary-general, to make payment to the said John Dickson, not only of the aforesaid sum of £300 sterling appointed to be paid to him for his pains and service aforesaid, but likewise of those sums of money lent by him to the public and as yet unpaid to him and whereof he shall produce the public surety granted to him at the time of the lending thereof, together with the whole annualrents of the same sum resting unpaid since his lending and advancing thereof and in time coming until the repayment; and that out of the first and readiest of any public monies that shall come in to the said committee for monies or to the commissary-general by their order or otherwise, for the which this act shall be a sufficient warrant.
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The estates of parliament, having taken into their consideration the several supplications given in to them by Patrick, earl of Kinghorn etc., Dame Elizabeth Maule, countess of Kinghorn, his mother, as tutrix testamentar to him and [Patrick Maule], earl of Panmure, showing that the number of fencible men upon their several lands within the sheriffdoms of Perth and Forfar, being at first so strictly taken up by their ministers upon oath and according to the communion rolls, and their neighbours in these shires not having given up their men so exactly, the supplicants for these whole years bygone have been forced to put out nearby a double proportion of men to all former levies beyond their neighbours. Supplicating therefore that warrant might be granted to the ministers and elders of each parish where their lands lie within the said two shires to take up new lists of their fencible men and give in the same to the committee of war, and that according thereto all their future levies may be proportioned truly according to the true number of their men, as the said several supplications bears. Which, together with the opinion of the committee of bills, being taken into consideration by the said estates of parliament, they have ordained and ordain letters of horning to be directed at the instance of the supplicants, charging the committees of war of the respective shires aforesaid to give forth present order and commission for the exact and true listing of all the fencible men within their respective bounds and divisions. And in case of the committees of wars' refusal, the said estates of parliament give power and commission to the said supplicants for exact listing of their own men within their respective bounds, and have ordained and ordain in all future levies the said supplicants' lands respectively aforesaid and their tenants to be only stented according to the said new list to be given in. And the said estates of parliament declare that this present warrant and commission of new listing shall in no way hinder nor prejudice the present levies, but that the supplicants shall be held to put out their proportion of foot and horse according to the present rolls.
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The estates of parliament, having taken into their consideration the supplication given in to them by Patrick, earl of Kinghorn etc. and Dame Elizabeth Maule, countess of Kinghorn, his mother, for herself and as tutrix testamentar to him, together with the report from the committee of bills relating thereto, showing that their lands in Perthshire were exorbitantly valued far above any other lands in these bounds and that the supplicants have received several acts and orders for revaluing thereof which were ever ignored by the valuers of that shire. Whereupon the committee of estates upon 14 November last gave commission for revaluing the supplicants' lands, and according thereto, a revaluation being carried out, the committee and collectors of that shire refuse to acknowledge the said revaluation, albeit they formerly acknowledged the first valuation to be exorbitant by giving down a proportion thereof; and notwithstanding of their former giving down and the said last revaluation since then, yet they trouble the supplicants for payment of the first valuation. Supplicating therefore for a suspension of any execution for their said maintenance for the months of February last and March instant upon consignation thereof, according to the said last valuation, and upon sufficient caution for payment of what further the said estates of parliament or committee shall find due after discussing the suspension; and to discharge any troubling of the supplicants' lands or tenants until the valuers either revalue the supplicants' rents or discuss the said suspension, as at more length is contained in the said supplication. Which, with the aforesaid report, being taken into consideration by the estates of parliament, they have ordained and ordain the said earl and countess of Kinghorn to make payment to the collector of the shire of Perth of their maintenance, according to the last valuation above-written, and to consign in the hands of the clerk of parliament or committee of estates the surplus of the said maintenance wherein the first valuation exceeds the second until the matter be decided; and upon the consignation thereof, ordain suspension to be granted to the said earl and countess of Kinghorn. And further the said estates of parliament ordain the valuers of the shire of Perth to revalue the lands pertaining to the said supplicants between now and Midsummer next, to the effect that no further imposition nor burden be laid upon them but according to their just proportion being rectified in the valuation in manner aforesaid.
[1649/1/370]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration a supplication given in to them by David Ross of Balnagown and Sir Robert Innes of that ilk, knight, for themselves and in name and on behalf of the freeholders, heritors, feuars, tenants and inhabitants of the country of Ross, making mention that where in the sixth parliament of King James IV of happy memory, held at Edinburgh on 11 March 1503, his majesty and estates of parliament then convened, finding that because there had been a great lack and fault of justice in the north parts such as Caithness and Ross for fault of the division of the sheriffdom of Inverness, which is over great and large and these parts are so far distant from the burgh of Inverness, through which they might not be brought hastily thereto without great expenses, labours and travails, through which great enormity and trespass has grown in these parts in default of officers within themselves that had power to put good rule amongst the people. Therefore it is statute and ordained in the said parliament that there should be a sheriff made in Ross, which should have full power and jurisdiction and sheriffship within the bounds of Ross and to sit and have his place of administration of justice in Tain or Dingwall, as the said sheriff should think expedient, for decision of causes, brieves or any other such things belonging to his office as the cause should require, as the said act of parliament at more length bears. And albeit it be true that Caithness and Sutherland have already received the benefit of the said act by being sheriffs in themselves, distinct from the sheriffdom of Inverness, and as yet the supplicants lie out and want the benefit of the said act, to their great hurt and prejudice against all equity, being often frustrated of justice through their people living far distant from the said burgh of Inverness, being 36 miles, and having two ferries interjected between them and the said burgh of Inverness, so that in the smallest storm the supplicants are not able to proceed there or keep any punctual or particular diets of processes or services, which tends greatly to the neglect of justice and prejudice of his majesty's subjects, who ought to be in no worse condition than those that have already received the benefit of the said act. Supplicating therefore that the said estates of parliament might be pleased to ratify, approve and revive the said former act of parliament, and by their act and ordinance to follow thereupon to disjoin and divide the said sheriffdom of Ross from the said sheriffdom of Inverness in all time coming and to erect, create and incorporate the same in a distinct and free sheriffdom by itself; and to nominate the sheriff with all power and privileges belonging to him; and to ordain the burgh of Tain or Dingwall to be head burgh thereof, where the said sheriff shall sit for administration of justice to all within the same, with all privileges, immunities and righteous pertinents thereof likewise and as freely in all respects as any other shire and head burgh thereof has within this kingdom according to the said former act of parliament and justice in all points, as at more length is contained in the said supplication. Which being heard and considered by the said estates of parliament, they ratify, approve and revive the former act of parliament held at Edinburgh of the said 11 March 1503 and disjoin and divide the said sheriffdom of Ross from the sheriffdom of Inverness in all time coming, and appoint the burgh of Tain to be the head burgh thereof; and erect, create and incorporate the same in a distinct and free sheriffdom by itself, with all privileges, immunities and righteous pertinents belonging thereto likewise and as freely in all respects as any other shire and head burgh has within this kingdom.
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The estates of parliament, taking into their consideration that upon a supplication given in by Archibald, marquis of Argyll, craving that his accounts and disbursements might be audited and adjusted and some effectual course might be found out for the said lord marquis' satisfaction of what should be found duly resting owed to him by the public. Likewise the estates of parliament, having heard the report of the committee of common burdens, to whom the same was remitted to hear and examine the accounts aforesaid and to think upon some effectual way for payment to the said lord marquis of what should be found to be resting to him and to report their opinion relating thereto, which committee having found that there was justly and clearly owing by the public to the said lord marquis for money advanced and for his expedition made against the Irish rebels, the MacDonalds and their adherents in 1644 by commission from the parliament and public order, according to his accounts clearly instructed, the sum of £145,403 7s 2d. And therefore the said estates of parliament, after consideration of the aforesaid report and instructions thereof, bound and obliged themselves by their act of 9 March instant to make payment to the said lord marquis of the aforesaid sum and of the annualrent thereof so long as the same shall be resting owed unpaid from the term of Candlemas [2 February] 1649; as also ordained a tack to be granted to the said lord marquis and Sir William Dick of Braid, knight, equally between them, their heirs and assignees of the excise of the wine and strong waters with the new additional excise thereof, and that for so many years and crops and for such a yearly tack duty as should be agreed by parliament to be inserted in the said tack, beginning their entry thereto upon 1 November 1651. Likewise, upon a representation given in by the said lord marquis for payment of the aforesaid sum, and also given in by Sir William Dick for a satisfactory answer to his supplication, craving payment of what was justly resting owed to him for the relief of his suffering credit and estate so seasonably engaged for them in the beginning of the public troubles upon church and state; and for that effect desiring that the said estates of parliament would prorogate the excise of wine and strong waters with the present addition thereof for the space of five years and five crops after 1 November 1651 (which is the time of the expiring of the excise) and after 7 March 1652 (which is the time of the expiring of the additional excise) and for a longer time during the non-payment of their public debt; and that both excises so prorogated may be set in tack to them equally towards the payment of their public debts and annualrents thereof for the space of the said five years and five crops after the expiring of the former excise and addition thereof, and longer until they be completely paid of their said public debts and annualrents thereof under provision always and with the burden of £40,000 due to [Colonel James Campbell], laird of Lawers (in case he be not satisfied out of the borrowed monies) or otherwise in manner contained in the act of parliament; and their entry to be and begin upon 1 November 1641 aforesaid, deducting yearly at the terms of Whitsunday [May/June] and Martinmas [11 November] out of the monies owing to them by the public, annualrents and principal sums (except what thereof shall be paid by them equally to the laird of Lawers), the sum of 140,000 merks for the yearly duty of the said tack; and the tack to contain a clause for the honourable consideration of the parliament or committee of estates or excise of their yearly losses by war or plague, civil or foreign invasion. Which being taken into consideration by the said estates of parliament, they, in respect of the premises, do hereby prorogate the excise of all wine and strong waters with the new addition thereof for the space of five years and five crops after 1 November 1651 and after 7 March 1652 and longer during the non-payment of the same sums due to the said lord marquis and until the said Sir William Dick be completely satisfied of his public debt and annualrents thereof, and do hereby set in tack and assedation to the said lord marquis of Argyll and Sir William Dick equally between them, their heirs, assignees and subtacksmen, one or more, the aforesaid principal excise and addition thereof of the whole wine and strong waters to be imported with the new additional excise thereof, and that for the space of five years and five crops after 1 November 1651 and for a longer time during the non-payment of their public debts and annualrents thereof. During which space the said estates give full power to the said Archibald, marquis of Argyll and Sir William Dick and their aforesaids, and to their subtacksmen or subcollectors, one or more, to be nominated by them, and others in their name having their warrant, to ask, crave, receive, intromit with, collect and gather the aforesaid principal excise and addition of the said whole wine and strong waters of all sorts to be imported within this kingdom during the said space of five years and five crops and further as said is from the vintners of the said wine and strong waters for so much as is sold to vintners; and the excise of the rest to be collected according to the act of parliament made anent the excise of wine for the said space of five years and five crops and further as said is for all wine and strong waters to be imported during the said space of five years and five crops; and thereupon to use and convey at their pleasure and to call, charge, poind and distrenzie for the excise of the aforesaid whole wine and strong waters of all sorts according to the act of parliament made anent the collecting of the excise, acts of convention of estates and acts of committee of excise made or to be made for the better regulating and collecting of the excise of the said wine and strong waters. With power always to the said Archibald, lord marquis of Argyll and Sir William Dick and their aforesaids to make subtacksmen and collectors, one or more, under them for collecting and uplifting the excise of the said whole wine and strong waters to be imported during the years and crops above-written hereby set in tack to them, and to nominate and appoint searchers, one or more, for the better trying of the quantities of the said wine and strong waters that be imported within the said space and collecting and exacting of the said excise thereof during the space above-specified, who are hereby warranted to attend all ports and harbours within this kingdom at the time of the delivering of the said wine and strong waters. Requiring hereby all magistrates and judges whatsoever to maintain, fortify and assist the said Archibald, lord marquis of Argyll and Sir William Dick and their aforesaids in everything necessary concerning the premises, and for gathering in and collecting the aforesaid excise of the whole wine and strong waters of all sorts to be imported during the aforesaid space from the vintners thereof and others in manner above-specified. For which year's tack of the excise of the said wine and strong waters of all sorts set to the said Archibald, lord marquis of Argyll and Sir William Dick and their aforesaids and to be imported during the said space, the said estates of parliament have ordained and ordain the said Archibald, lord marquis of Argyll and Sir William Dick and their aforesaids to deduct, allow and discharge to the public the sum of 140,000 merks yearly to be allowed to them equally between them (except so much thereof as shall happen to be given out by them to the laird of Lawers in case he shall not be paid of the aforesaid sum of £40,000 due to him by the public otherwise in manner above-written), and that as a part of the sums of money aforesaid principal and annualrents above-specified during the whole years above-mentioned; and ordain them and every one of them to make, subscribe and deliver at each term of Whitsunday or Martinmas of the said tack a sufficient and valid discharge of the equal half of the aforesaid sum of 140,000 merks Scots money as the tack duty aforesaid allowed to them in part payment (except only so much thereof as shall happen to be given out to the laird of Lawers for the cause above-written) to and in favour of the estates of this kingdom for their exoneration for as much of the aforesaid sums that shall be found due and indebted by the public to them. And in respect the said estates of parliament have ordained the aforesaid sum of 140,000 merks as tack duty aforesaid (at least so much thereof as shall not be paid to the said laird of Lawers) to be deducted from the sums due to the said lord marquis of Argyll and Sir William Dick as real payment to them, therefore the said estates of parliament declare that they will have consideration of the said lord marquis of Argyll, Sir William Dick and their aforesaids in case the payment of the said excise be interrupted by the plague of pestilence, civil war or foreign invasion by sea or land within the time of the tack above-mentioned, through which war, troubles or plague of pestilence aforesaid the importation of wine and strong waters may be stopped, the sale thereof hindered or prejudiced and the excise of the same in any way damnified, and accordingly grant allowance and deduction to the said lord marquis of Argyll, Sir William Dick and their aforesaids as the parliament or committee of estates or excise shall find just. And further the said estates of parliament declare the aforesaid tack set to the said lord marquis of Argyll and Sir William Dick and their aforesaids is and shall be without prejudice of all the said lord marquis' or the said Sir William Dick's former warrants of assignments, in so far as they may contribute towards completing them or either of them of the respective sums owing to them by the public in manner aforesaid. And lastly the said estates of parliament do ratify and approve the tack of the excise of wine set to the said Sir William Dick by the estates of parliament, according to their act of the date 9 May 1648, and all other former acts and assignments and warrants of parliament granted to him and in his favour in any time bygone in the whole heads, articles, clauses, tenors and contents thereof as amply in all respects as if the same were expressly and word for word inserted and set down in this present act, and dispense with the generality hereof anent the not inserting of the tenor of the same expressly.â€
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The estates of parliament, having heard and considered the supplication of Captain Robert Hall, captain of the good ship called The James of Leith, given in to the parliament by him against [James Livingstone], earl of Callander, [John Hamilton], lord Bargany, Sir Adam Hepburn of Humbie, Sir James Dundas of Arniston, Archibald Sydserf and Robert Fleming, merchant burgesses of Edinburgh, craving warrant to messengers of arms to put the letters raised at his instance upon a charter party between the persons above-named and him to execution against them as subscribers of the charter party for making payment by them to him of the sum of £500 sterling, which he wants of his three months' pay due and payable by them to him by virtue of the said charter party, and that notwithstanding of any suspension purchased or to be purchased by them against the same, as the supplication more fully bears; together also with the defences given in and alleged for the parties charged against the aforesaid supplication and desire thereof, with the supplicant's answer thereto in fortification of the desire of his said supplication; together likewise with the ordinance of the committee of estates of 30 November last, discharging registration of any horning against the said Sir James Dundas and Robert Fleming, two of the parties charged for the cause above-specified, and all execution either personal or real against them in that nature until they should be further heard relating thereto, as the same ordinance likewise bears. The said estates of parliament ordain the sum of £2,000 Scots of the greater sum above-written to be paid to the said Captain Robert Hall, supplicant, by Sir James Stewart [of Kirkfield and Coltness], commissary-general, out of the first and readiest of any monies which shall be received in by him by order of that committee appointed for monies, and for this effect the parliament do hereby earnestly and seriously recommend the supplicant to the aforesaid committee for monies to grant precept and warrant in his favour to the commissary-general for payment to him of the aforesaid sum of £2,000 out of the first and readiest monies that shall be received in by the said commissary-general. And also the said estates of parliament ordain the other £4,000, which completes the whole sum acclaimed, to be likewise paid to the said Captain Robert Hall, supplicant, out of the first and readiest monies that comes in to the exchequer, and for this effect the parliament earnestly and seriously recommend the supplication to the commissioners and other members of exchequer to give precept and warrant for making timeous and thankful payment to him of the aforesaid sum of £4,000 Scots out of the first and readiest monies of exchequer. And in respect of the premises above-written, the parliament absolves simply the earl of Callander, Lord Bargany, Sir Adam Hepburn of Humbie, Sir James Dundas, Archibald Sydserf and Robert Fleming, and every one of them for their own parts, from making all payment to the supplicant or any having right from him of the aforesaid sum of £500 sterling above-mentioned and from all execution personal or real used or to be used against them or any of them for payment thereof in all time coming. And in respect that the supplicant, contrary to the order of the committee of estates aforesaid, did give in to the register of hornings his letters of horning against the said Sir James Dundas and Robert Fleming to be registered against them, and took out the same horning, marked and subscribed by the clerk, keeper of the register, and left a copy thereof for booking the same, the said estates do therefore ordain the said Captain Robert Hall to give in the said principal horning and executions thereof, and to cause delete the subscribed note and marking bearing the registration, and to take back from the clerk the copy of the same, to the effect that it be not booked nor no further record made for booking thereof.
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The estates of parliament, taking into their consideration the several supplications given in to them by Patrick, earl of Kinghorn etc., Dame Elizabeth Maule, countess of Kinghorn, his mother, for herself and as tutrix testamentar to him, and [Patrick Maule], earl of Panmure, showing that the supplicants' lands within the sheriffdoms of [Perth and Forfar]†lie for the most part upon the high road way which goes between the north and the south, and that all forces which have marched to or from the north parts these many years bygone have always quartered in their coming and going upon the supplicants' lands, whereby their tenants and lands are destroyed and ruined; and yet in all local quarterings where their lands lie they are as much burdened by local quarterings as others in these shires who are free and not burdened with transient quarterings. Supplicating therefore that, in respect of their heavy burdens of all transient quarterings, they, their lands and tenants might be free of all local quarterings and that the committees of the shires where the supplicants' lands lie may be ordained to employ and assign the burden of local quarters upon such lands as are free of transient quarterings; and that all officers and soldiers who take transient quarterings may be commanded to pay for what provision they take, as at more length is contained in the said supplication. Which, together with the opinion of the committee of bills, being taken into consideration by the estates of parliament, they have recommended and seriously recommend to the several committees of war and all officers having charge in these bounds and shires where the supplicants' lands lie to spare and forbear so far as can be any local quarterings upon their said lands, and to impose the said local quarterings in these bounds upon others that are free and least burdened with transient quarters; and have ordained and ordain all officers and soldiers as they will be answerable under highest peril that they pay for any transient quarters which they shall happen to take upon the supplicants' lands.
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The estates of parliament, taking into their consideration the supplication given in to them by James Monorgan, lawful son to the late Gilbert Monorgan, sometime of that ilk, making mention that where it was the supplicant's great misfortune in the month of [...] 1648 to accidently kill the late Thomas Jackson, portioner of Carsegrange, for which misfortunate fact he was apprehended and imprisoned within the town of Dundee, where he has remained this very long time past in very great misery; and now the kin and friends of the said late Thomas Jackson, out of certain knowledge that the aforesaid misfortunate fact was committed by him accidently and without any forethought felony, have granted and subscribed to the said supplicant an ample letter of slains, as the same subscribed by Elizabeth Clerk, the mother, and Gilbert Jackson, the only brother of the said late Thomas Jackson, of the date 28 February last, whereby they acknowledged the aforesaid fact and crime to have been accidentally committed by the supplicant, therewith produced bears. And seeing the said supplicant is prisoner within the said tolbooth of Dundee for the aforesaid fact, the magistrates of the said burgh cannot without danger put him to liberty without express warrant for that effect, supplicating therefore that the said estates might be pleased to pity the supplicant's distressed and miserable condition of imprisonment, being a poor, distressed gentleman and having no means to support his natural life so long as he is prisoner, and to give warrant to the provost and bailies of Dundee to put him to liberty out of their said prison house, in respect of the aforesaid letter of slains therewith produced, as at more length is contained in the said supplication. Which supplication, together with the report of the committee of bills concerning their opinion relating thereto, together also with the aforesaid letter of slains granted by the friends of the said late Thomas Jackson in favour of the said supplicant (whereby they acknowledged that the aforesaid slaughter was accidental), being considered by the estates of parliament, the said estates, before warrant be granted to put the supplicant to liberty, ordain report to be made by the magistrates of Dundee to the parliament or to the committee of estates of the true occasion of the aforesaid slaughter and whether or not the same did truly fall out by accident, as is affirmed by the said supplication and acknowledged by the said letters of slains. And for that effect the said estates of parliament hereby give power and commission to the bailies of the said burgh of Dundee, or any two of them, to take true and exact trial of the manner and occasion of the said slaughter and whether the same did fall out upon occasion or ground of any preceding quarrel or forethought felony between the supplicant and the said late Thomas Jackson, or if the same fell out by accident, according to the said supplication and letter of slains aforesaid; and ordain the said bailies of Dundee to make report to the said estates of parliament or committee of estates of the truth and verity of the said matter under their hands and subscriptions. And if the said committee of estates shall find by the aforesaid report that the aforesaid slaughter did fall out accidentally and not upon occasion or ground of any preceding quarrel or forethought felony between the said parties, in that case the said estates of parliament hereby give warrant and power to the said committee of estates to give order and warrant to the magistrates of the said burgh of Dundee to put the said James Monorgan to liberty out of their tolbooth and prison house of Dundee.
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The estates of parliament, taking into their consideration the supplication given in to them by Sir Robert Adair of Kinhilt, showing that it pleased the parliament by their act of 22 March 1647 to appoint him to receive the price of some arms and ammunition which were resting by Arthur Hill and some others in Ireland, as is contained in the said act; and now by reason of the late alteration of affairs in England and Ireland your supplicant is not only likely to be disappointed of what was expected that way, but also of very great considerable sums due to him by the parliament of England for his long service and great burdens undertaken by him, and seeing the supplicant's losses and sufferings are known to be very great since the beginning for his constant affection in adhering to the cause and covenant and what service he was able to do has been faithfully performed by him in all the three kingdoms since the beginning of the aforesaid troubles, therefore humbly desiring the parliament to recommend him to the committee of estates or to the committee of monies, that they may think upon some way for the supplicant's relief if the former proves ineffectual, and that the said act be renewed and what shall be received thereby to be allowed in the first end to the supplicant of his sufferings and services, as the supplication bears. Which supplication above-mentioned being this day read and considered by the parliament, the said estates of parliament have renewed and renew their former act bearing date 22 March 1647 to and in favour of the said Sir Robert Adair of Kinhilt for receiving the prices of the said arms and ammunition yet resting by the said Arthur Hill and others in Ireland, according to the tenor of the same act, and also declare that what sums of money shall be received and intromitted with by the said Sir Robert for the prices of the said arms and ammunition resting by the said Arthur Hill and the other persons liable for the same shall be accounted for and allowed to the said Sir Robert Adair in the first of the monies due to him for as much of his sufferings and losses and in recompense of his faithful, honest and constant service for the cause and covenant. And wherein the same shall be deficient, the said estates seriously recommend to the said committee of estates or committee of monies to think upon some other way which may prove effectual to the said Sir Robert Adair for the supply of some considerable part for his great and extraordinary losses sustained by him for his real constant affection to the good cause, special consideration being had of his great losses in Ireland and what may be expected by him there in relation to the present change of affairs as they now stand.
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The estates of parliament, taking into their consideration the supplication given in by Alexander Strachan of Glenkindie, making mention that where in the year 1639, the noblemen, barons, burgesses and other commissioners being at Aberdeen for the time, being obliged conjointly and separately to pay to Sir William Dick of Braid, knight, then provost of Edinburgh, the sum of 100,000 merks, which was employed for furnishing General Major Munro to bring in the first 2,000 men, as in the contract passed relating thereto of the date at Edinburgh, 6 March the said year 1639 bears. Likewise thereafter the whole noblemen, barons, gentlemen and freeholders within the shires of Aberdeen and Banff (whereof the supplicant is one) having, by a bond subscribed with their hands of the [...] day of [...] the same year, bound and obliged themselves to pay their equal part of the said sum of 200,000 merks accordingly as the same should be divided and set down to be paid by the sheriffdoms of Aberdeen and Banff, and that between now and 1 May next thereafter, and which proportion aforesaid was obliged to be paid to Sir John Smith [of Grotehill] or the said Sir William Dick, as the said bond granted by the noblemen, heritors and gentlemen of the said shires in itself at more length purports. And true it is that the supplicant, as one of the granters and subscribers of the bond, being direct commissioners for these shires, was charged by the said Sir William Dick for payment of the sum of 2,500 merks due to be paid by the said shires of Aberdeen and Banff, and that under the pain of horning, whereby the supplicant was forced to make payment thereof to the said Sir William Dick, as his discharge granted thereupon has testified. And seeing both equity and reason require that the supplicant should suffer no more but his own proportional part of the said sum with the rest of the noblemen, gentlemen and heritors of these shires, and for that effect ought and should have reparation thereof, and therefore humbly desiring that he may have letters directed charging them to make payment to him, and that seeing the said Sir William Dick at the time of the said supplication obtained warrant that no suspension should be granted to the supplicant against him, that the parliament would give warrant that no suspension pass against the said supplicant in the said matter accordingly as the same shall be urged, as at more length is contained in the said supplication. Which being heard and considered by the said estates of parliament, they have given and granted and by this act give and grant full power and authority to the committee of the shire of Aberdeen to stent the lands belonging to the persons after-specified, subscribers of the said bond, namely: Alexander [Forbes], master of Forbes, Sir William Forbes of Monymusk, Alexander Fraser of Philorth, Walter Barclay of Towie, John Forbes of Leslie, Mr John Forbes of Hauchtoune, Arthur Forbes of Echt, John Forbes of Craig, Robert Forbes of Coull, Alexander Burnett of Arwatie, James Skene of that ilk, John Forbes of Corsindae, Francis Fraser of Kinmundy, John Forbes of Easton, Andrew Baird, bailie of Banff, Alexander Urdory of Auchterley, Mr James Buchan of Auchinmathie, John Donaldson of Hiltinny, John [Lyon], earl of Kinghorn, John [...], Sir William Forbes of Craigievar, Alexander Irvine of Glenmuick, Mr Andrew Skene of Newton in Skene, William [Keith], earl Marischal, Andrew [Fraser], lord Fraser, Alexander Irvine of Glenturk, John Chalmer of Balnacraig, Gilbert Skene of Dyce, Walter Urquhart of Lethenty, Walter Forbes of Tolquhon, Sir William Keith of Ludquharn, knight, Thomas Forbes of Waterton, John Udny of that ilk, Thomas Fraser of Strachan, James Crichton of Frendraught, Alexander Strachan of Glenkindie, James [Ogilvy], earl of Findlater, Sir Alexander Abercrombie of Birkenbog, Alexander Ogilvie of Kerpinraill, George Baird of Auchmedden, Alexander Urquhart of Dunlugas, William Hay of Delgatie, George Gordon of Harthead, James Hay of Muriefauld, Robert Forbes, tutor of [...], John Grant, younger, of Ballindalloch, William Forbes, younger, of Corsindae, John Arbuthnott of [...] and Thomas Erskine of Pittodrie [and Balhalgardy] for payment of the said sum of 2,500 merks, with the annualrents thereof, according to the tenor of a contract passed relating thereto of the date 6 March 1639 as a part of the said sum of 200,000 merks; and to divide and put the aforesaid sum of 2,500 merks and annualrent thereof since [...] upon the several parties aforesaid, subscribers of the bond, proportionally according to the proportion of the shire. And ordain the said Alexander Strachan of Glenkindie, supplicant aforesaid, to have letters of horning to warn and charge the said committee of war to set down the said stent roll according to the proportion aforesaid, and ordain the said supplicant to have letters for charging the parties, subscribers of the said bond, for his relief to make payment to him of their proportional part of the said sum of 2,500 merks and annualrents aforesaid according to the stent roll set down in manner aforesaid, being stented according to the valuation of the shire.
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The estates of parliament, taking into their consideration the supplication given in by Mr James Campbell of Moy, making mention that where during the late troubles the supplicant's sufferings have been very sad and grievous for his affection to the good cause, evident by the enemies' wasting and burning of his lands, houses and corns and thereafter killing the said supplicant's tenants and servants, so that thereby and by the oppression of those who were prime promoters of the late unlawful Engagement in the bounds where the supplicant dwells and the supplicant is brought so low that he has been necessitated to borrow monies for maintenance of himself, and that only for defraying public burdens, and can no longer subsist unless the said estates take his sufferings and low condition into consideration; especially considering that the supplicant's losses are valued to £9,480 money of this realm, evident by the extract of the report thereof duly registered, according to the order prescribed relating thereto, and that over and above the loss of the lives of his tenants and servants and of the great damage sustained by him since then by the late unlawful Engagement, through which it is very clear that the supplicant's losses call for redress; and therefore supplicating that the estates of parliament would be pleased to take the premises into consideration and witness the same by some real and effectual course, whereby the supplicant's losses and sufferings may be in some measure repaired and he thereby enabled to subsist according to the covenant, equity and reason, answerable to that bestowed on others of a similar condition, for the which the supplicant humbly attends, as at more length is contained in the aforesaid supplication. Which being heard and remitted by the estates of parliament to be considered by the committee of common burdens and losses, and their opinion reported to the parliament relating thereto, the said estates of parliament have ordained and ordain the sum of £2,000 Scots to be paid to the said Mr James Campbell of Moy, supplicant aforesaid, for his present subsistence and towards the reparation of his losses, and that out of the borrowed monies and fines of such as were accessory to the late unlawful Engagement or had hand or were accessory to his losses, either by taking away his goods, burning his houses or killing his men, or out of any other fines or borrowed monies of the shire of Inverness from any persons who have been or are in present rebellion against the country.
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The estates of parliament, having taken into their consideration a supplication given in by Mr John Row, minister of Aberdeen, making mention that where sundry ministers in the north in the shires of Aberdeen and Banff are not paid of their stipends out of the lands belonging to the late [George Gordon], marquis of Huntly and the late [James Gordon, viscount of] Aboyne, the rents being lifted for the use of the public and employed in other ways, humbly therefore supplicating that a warrant be given that whosoever has power to collect these rents that they pay the ministers' stipends in the first end of it accordingly as is duly resting to them, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they have ordained and ordain the collectors, receivers and other intromitters with the rents and estates belonging to the late marquis of Huntly and lord of Aboyne to make payment to the several ministers of the shires of Aberdeen and Banff of their respective stipends, and that out of the first and readiest of their rents and estates which belonged to the late marquis of Huntly and Lord Aboyne as the same is due to them.
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The estates of parliament, taking into their consideration the supplication given in by Barbara Mein, widow of the late Mr William Home, making mention that whereas it pleased the reverend presbytery of Wigtown, out of compassion to the said Barbara and her children (whose husband aforesaid was killed in public service and sealed the work of God with his blood), to allow to her one year's vacant stipend of the kirk of Kirkinner where the said Mr William served, which also was recommended seriously to the said presbytery and parish by the general assembly in 1646. Notwithstanding whereof, it lies yet in the hands of the parishioners, not uplifted for various years, and therefore supplicating the said estates of parliament to interpose their authority thereto for furthering the more speedy uplifting thereof and that the premises is of truth and verity, as the extracts of the acts of the presbytery and general assembly bear; therefore the said estates of parliament may be pleased to pass an act for commanding the parishioners to answer the said supplicant without any further delay. Which being heard by the estates of parliament and remitted by them to the committee of bills to give their opinion relating thereto, they having given in their said report relating thereto, the said estates of parliament have ordained and ordain the persons indebted and in use of payment of the aforesaid stipend to make payment to the said Barbara Mein, supplicant aforesaid, according to the recommendation of the general assembly, and seriously recommend to the committee of war within the sheriffdom of Wigtown to see the same effectually done.
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The estates of parliament, taking into their consideration the supplication given in by the magistrates of the burgh of Dundee, making mention that whereas upon the humble supplication given in to the said estates of parliament for an ease of the maintenance due by the said burgh of Dundee, and that in respect of the many great losses the said burgh sustained for their constant affection to religion and country and the great burdens and debts the said town lies under, but chiefly for the continuance of the plague six months together, which now again to their great fear in this season is broken out, the estates of parliament aforesaid were pleased out of their goodness to liberate the said town of Dundee by an act of parliament from payment of two months' maintenance preceding October last due to the public by the said burgh of Dundee, which favour and ease will be altogether ineffectual to the said burgh, because there being only two months' maintenance due to the public by the said burgh of Dundee, the payment thereof was assigned to Sir John Brown by the committee of estates, and, according to their order, the town of Dundee has given him full satisfaction for the said two months' maintenance. And therefore supplicating the said estates of parliament that, as the burghs of St Andrews and Glasgow have had an ease granted to them, so the said estates of parliament would be pleased to allow to the said town the retention of any two months' maintenance which shall be resting owed by the said town of Dundee to the public, so that the said town may not be frustrated of the said estates of parliament's favour, which is now so seasonable to the said town in this time of their visitation and misery that they may be thankful to the estates aforesaid for the same and contribute their utmost endeavours for their prosperity, as at more length is contained in the said supplication. Which, together with the opinion of the committee of bills given anent the desire thereof, being heard and considered, the said estates of parliament, in respect the said Sir John Brown has collected from them the aforesaid two months' maintenance preceding October last notwithstanding the parliament had liberated them of the said two months' maintenance, have ordained and ordain Sir James Stewart [of Kirkfield and Coltness], commissary-general, to make payment to the magistrates of the said burgh of Dundee, or any one of them in name of the said town, of the said two months' maintenance, and that out of the borrowed monies or fines to be uplifted, and grant precept to them for that effect, which, together with a discharge to be purchased by him from the magistrates of the said burgh or any of them upon the payment aforesaid, shall be a sufficient warrant to him anent the payment thereof.
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The estates of parliament, taking into their consideration the supplication given in to them by James, lord Coupar, showing that in the time of the late rebellion led on by James Graham, sometime earl of Montrose and his associates, the supplicant did suffer and sustain great losses and robberies in the spoiling of his house of Coupar in Angus and plundering his whole plenishing and goods therein done by those that were in and accessory to the said rebellion, to his very great hurt and prejudice, who conveyed and sold the same goods and plenishing through the country at a very cheap and easy rate, far within the true worth and value thereof. Within which house and amongst which goods so robbed, spoiled and plundered by the said rebels there was a great aquavitae pot pertaining to the supplicant, worth 100 merks, which was bought from the rebels by Robert Hill in Dryburgh and James Lawson, merchant in Dundee, (at the least by one or either of them) notwithstanding of all laws and acts of this kingdom forbidding the same, and albeit the supplicant has often at various times required the said Robert Hill and James Lawson to return the said pot, nevertheless they delay to do the same unless they be compelled. Supplicating therefore the estates of parliament would be pleased to ordain and command a macer or messenger of arms to cite and warn the said Robert Hill and James Lawson to have compeared before them, to have heard and seen the premises verified and proven, and being so done to have heard and seen them or any of them determined to return to him the said great aquavitae pot or price aforesaid and also punished in their persons and estates for buying thereof, contrary to the laws and acts of this kingdom, as at more length is contained in the supplication. Which being heard before the committee of bills and the defenders heard to propose and give in all their defences, thereafter upon 28 February last the said bill and supplication was found relevant at the Lord Coupar's instance against them to be proven by the defenders' oaths of verity, notwithstanding of the whole defences given in by them in the said matter; and they being lawfully summoned to have compeared before the said committee of bills at a certain day bygone to have given their said oaths of verity on the points of the said supplication, with certification to them in case they failed they should be held for confessed. Likewise, accordingly and for obedience of the said citation, the said Robert Hill, compearing personally in presence of the said committee and being sworn, made faith and testified, as his deposition extant in process purports; and the said James Lawson being likewise called the said day to have compeared and given his oath with the certification aforesaid, compeared William Yeoman, writer, in name of the said James Lawson, and gave in a testificate of the said James Lawson's inability to travel in respect of his great weakness, as the same subscribed by the ministers of the burgh of Dundee of 5 March instant bears. Which whole proceedings being reported by the said committee of bills to the parliament, they, in consideration thereof, have given and granted and by this act give and grant full power, authority and commission to the bailies of Dundee, or any one of them; with power to them to make choice of a clerk to take the said James Lawson's oath of verity upon the points of the said supplication and as he testifies and declares relating thereto, ordain the said bailies to draw up his deposition in writing and to cause the said James to subscribe the same with his hand, if he can write, and thereafter the said bailies, or any one of them, and the clerk aforesaid to subscribe the same with their hands, and have ordained the said Lord Coupar to report the said bailies' proceedings in presence of the committee of estates or the parliament, that thereafter they may proceed and administer further justice to the parties as appropriate.
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The estates of parliament, taking into their consideration the supplication given in by Sir Walter Stewart of Minto, knight, making mention that whereas a supplication or complaint was presented by the supplicant against Sir Ludovic Stewart, his son, for several violences, oppressions and unheard of injuries committed by him against the supplicant, upon hearing whereof the committee of estates, having regard to the ease of the witnesses that they might not be necessitated to come so long a journey to this place, were pleased to give commission to Sir George Maxwell of Nether Pollok, knight, William Ralston of that ilk, William Muir of Glanderston and George Porterfield, provost of Glasgow, or any two of them, to receive the deposition of witnesses where they dwell, that upon the report of the probation of the supplicant's complaint they might then proceed in justice according to the demerits of the cause. And therefore humbly supplicating that the said Sir George Maxwell and George Porterfield may be called by the estates of parliament to give account of their diligence, and that justice may be thereafter administered, and the supplicant shall bless the authority of parliament which shall rescue an oppressed father from the unparalleled tyranny of a usurping son, as at more length is contained in the said supplication. Which being read and considered by the estates of parliament, and thereafter the said Sir George Maxwell and George Porterfield being called in presence of the parliament to give an account of their diligence done by them by virtue of the aforesaid commission, that thereafter further justice may be administered to the said parties, who compearing personally and having given in their report done by them at Glasgow upon 1 January 1649, according to the aforesaid commission, containing the depositions of many separate witnesses received, sworn and admitted in the said matter; and thereafter the said matter being of new again remitted to a select committee to consider the aforesaid report and give their opinion thereupon to the estates of parliament, to the effect thereafter they may take such course for settling the said parties according to equity and justice, who having given in their opinion relating thereto, the said estates of parliament have ordained and ordain the said Sir Ludovic Stewart to enter his person in ward within the castle of Edinburgh between now and 1 May next, therein to remain constantly for the space of half a year thereafter; and this to be over and above any further censure or punishment as the said estates of parliament or committee of estates shall be pleased to inflict upon the said Sir Ludovic. And because the said Sir Ludovic has formerly possessed himself in the whole estate belonging to his father, through which his said father has not means to pay his just creditors nor to satisfy public dues nor for his present subsistence, therefore the said estates have ordained and ordain William Lightbody, late bailie of Glasgow, to intromit with the whole rents of the lands belonging to the said Sir Walter and to remain in his hands as sequestrated from both the parties until the estates of parliament or committee of estates, after hearing of both parties, shall determine further relating thereto, except only the rents of the lands of Daldowie, which lands the said Sir Ludovic had formerly and which rents are now presently allotted by the estates of parliament for the said Sir Ludovic's present subsistence, and rents of the ten pound land of Ferme, which is allotted by the said estates of parliament for the said Sir Walter Stewart's present subsistence. Further, the said estates of parliament declare that if by the mediation of friends matters may be accommodated and agreed between the parties between now and the said 1 May, then and in that case the said Sir Ludovic Stewart shall be free of entering his person in ward within the said castle of Edinburgh. And to the effect that the said Sir Walter and Sir Ludovic Stewart may both proceed to Edinburgh and other parts of the country for settling the business above-written between themselves and also between them and their lawful creditors, the said estates of parliament grant to them and each of them protection for safety of their persons, and therefore discharge hereby all sheriffs, stewarts, bailies of regalities and their deputes and officers and all magistrates of burghs, officers of arms and all others having charge either in burgh or land of all troubling of the said Sir Walter and Sir Ludovic Stewart in their persons and all personal execution against them until the said 1 May next to come.
[1649/1/383]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering the several supplications given in by Alexander Strachan of Glenkindie: one thereof against Harry Brown in Kellie, George Dilguid there, John Godsman there, Mr Thomas Gordon in Auchleuchries, John Gordon of Auchleuchries, James Ellis there, James Raith in Tarves, James Cooper in Schivas, Alexander Reid there, John Finney there, James Byres there, James Byres in Netherton of Auchleuchries, John Sim there, George Black in Nethirbirnes, John Scott, Francis Hay in Kellie, with his wife, Agnes Castle and his son, James Hay in Schivas, John Ogilvie of Auchanachie, George Adamson in Floors, George Geddes of Auchinhuiff, John Williamson of Hauches of Stralay, Adam Slayers there, George Gordon of Leitchestown, Alexander Gordon, [...], Alexander Gordon in Collirrinoche, James Gordon there, the bailies, sons of Enzie, Robert Stewart of Fornachtie, Adam Duff of Clunybeg, Alexander and John Duffus, his sons, John Scott in Auldleberddie and John Gordon of Haddo, bearing them to have violently taken away from the said supplicant, in contempt of the laws of the kingdom, having no reason but only because the said supplicant was a covenanter and contrary to their unlawful plots against the covenant, out of the complainer's house of Auchnagatt, they having broken up with four hammers the outer and inner gates, doors, chests, coffers, lockfast places and plundered the whole moveable goods, money and silverwork being therein, with the meal, malt, wheat and oats within the grain stores, horses and cattle particularly expressed in the said supplication; and therefore craving warrant to a macer or messenger to have warned the aforesaid persons before the estates of parliament or committee thereof to hear and see them determined to restore and deliver the said particular goods and gear. And the other of the said supplications at the instance of the said supplicant against Francis Hay in Kellie, bearing the said supplicant to have set in tack and assedation the town and lands of Newbigging for the space of five years for payment of a yearly duty and entered him to the possession thereof, and thereafter having obtained decreet before the sheriff of Aberdeen for the mails and duties of the said lands, caused charge the said Francis Hay to make payment of the said duties, and that within 15 days did poind the said Francis' goods and gear and comprised the same on the ground and at the market cross of the head burgh of the shire. And thereafter, the said Francis having made John Gordon of Haddo assignee to him after the same goods were lawfully comprised, the said Francis Hay and John Gordon, being malignants and active in the late Engagement, did raise, summon and charge the said supplicant before the committee of estates that sat at Edinburgh the time of the said Engagement, who, notwithstanding of his said decreet, ordained the said supplicant to give back the said goods which were poinded in manner aforesaid. And therefore supplicating the said estates of parliament to ordain the said John Gordon and Francis Hay to give back and deliver the aforesaid goods and gear, and to fulfil the rest of the duties, and to grant warrant for discharging suspensions to the said Francis against the said decreet, the session not being sitting, as the said supplication at more length bears. Which supplication, together with the defences, answers and replies given in by the said parties in the premises, being heard before the committee of bills and reported by them to the said estates of parliament, they have remitted and remit the same to be pursued before the judge ordinary and to be decided by them.
[1649/1/384]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in to them by Evan Tyler, his majesty's printer, showing that in March 1647 he represented to the parliament the great charges he had been under these eight or nine years by continually printing such things as issued from his majesty and from parliaments, conventions, committees of estate and committee of excise and other committees of parliament, lords of secret council and other public judicatories, working on occasion of some extraordinary affairs both night and day and always supporting a greater number of servants upon daily wages than ordinary, with three presses to attend their service. Where the supplicant's predecessors, who were not at the twentieth part of my expenses and service, had both a yearly fee and also allowance for each sheet printed, the estates then sitting did remit and recommend to the committee of estates to take into consideration the supplicant's service and to modify a sum for arrears and charges in time coming. And the said committee having accordingly appointed two of their number to consider my petition and to take account of what I had printed and the value thereof and to report their opinion relating thereto, who having met and nothing followed thereon, in respect of the greater affairs of the time, therefore desiring that the parliament would take some effectual course for the supplicant's satisfaction for his bygone service and to determine a certain way of payment for the time to come; and in the meantime, that some competent portion for arrears may be presently advanced to him for his present service, otherwise he would be utterly undone, as at more length is contained in the supplication. Which being taken into consideration by the said estates of parliament, they have referred and seriously recommended the said Evan Tyler, petitioner aforesaid, to the committee of estates and committee of monies, that some effectual course may be taken and appointed for the satisfaction of his bygone service and for determining a condition and certain way of payment in time to come; and in the meantime that some competent sum of his arrears may be presently paid to him for his subsistence and for enabling him to perform the public service in printing, and authorising hereby the said respective committees and giving them full power to the effect above-specified.
[1649/1/385]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in to them by Jean Edmiston, eldest lawful sister to the late William Edmiston of [...], and Thomas Haliburton in Westerhaltoune†, her spouse, for his interest, making mention that the supplicants have summons and action presently depending at their instance before the session against Marjorie and Anna Edmiston, the supplicant's younger sisters, for reduction of a pretended disposition allegedly made by her late brother to them of his whole lands and estate, as the said summons duly executed and endorsed bears; and seeing the ground and reasons of reduction, which, in substance of the circumstances of the time and manner of the making of the said disposition, namely: that the same was done by her said late brother upon his death bed, depends upon probation and deposition of witnesses who are summoned to compear before the said lords of session, namely: Patrick Ross in Perth, writer of the aforesaid disposition, and David Home in Leith, who attended the said Jean's brother at the time of sickness, and seeing the depositions of the said persons are not yet taken and that there is danger in losing the supplicant's cause in case of mortality, that the said witnesses die before their depositions be received, and seeing there is no probability, at least no certainty of the session sitting in regard of the present troubles, it is therefore necessary to the supplicants that the said estates would appoint the said witnesses, whereof the former, namely Patrick Ross is a member of parliament, and the said David Home an actual indweller in Leith, to be cited before the said estates or before some to be appointed by them, to the effect and in manner underwritten. Supplicating therefore the parliament might give warrant to summon the said Patrick Ross and David Home to compear before them or such of their number as they should appoint upon the [...] day of [...] next to come, with continuation of days, and to receive the depositions of the said witnesses upon the points of the said summons and according to the interrogators to be given in to them in due form, to the effect the same depositions may be kept in preservation and thereby their said action may be put out of any hazard that may fall out by the death of the said witnesses, as at more length is contained in the said supplication. Which being heard by the committee of bills and after hearing of the persons, defenders, to give in their defences, being reported by them to the parliament, the said estates of parliament have given and granted and by this act give and grant full power, authority and commission to the committee of estates to receive, swear and examine the aforesaid witnesses upon the points of the said summons according to the particular interrogators to be given in by the supplicants and to commit their depositions in writing, which being done, ordain the same to be closed, sealed and stamped and to be kept closed in preservation until the decision of the principal cause, the decision whereof the estates of parliament remit to the judge ordinary. And the said estates declare that the admitting, receiving and examining of the said witnesses shall in no way prejudice the parties, defenders, of their just defences which they have or may be alleged or proposed by them either against the order of process, relevancy of the summons, reasons of reduction or any other lawful defences, dilator or peremptor whatsoever according to the law.
[1649/1/386]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by Colonel Michael Walden, showing that upon 15 December 1645 the committee of estates, with advice of [Alexander Leslie, earl of Leven], lord general, his excellency, nominated and constituted him colonel of a regiment of horse and gave and granted to him the said place with the full pay, privileges and immunities belonging thereto. According to which commission, the petitioner levied the said regiment of horse upon his own charges and continued in duty from 25 December 1645 to the disbanding of the army, which was in the month of February thereafter. And albeit, by the said commission granted to the petitioner and by other acts and deliverances signed by the committee, the said regiment was to be paid and provided for as all other regiments of horse in the said army, notwithstanding there is resting to the petitioner aforesaid of the several payments made to the rest of the army at Rippon, Bandley and Newark the sum of £3,654 sterling, as will appear by the accounts herewith produced, and albeit the petitioner has previously made several voyages to this kingdom, to his great charges, to have had his accounts audited and some effectual course to have been taken for his payment, notwithstanding the same has not been done as yet, to his great loss and prejudice, and therefore supplicating the said estates of parliament that order may be given to Sir Adam Hepburn of Humbie, knight, then commissary-general of the army, to give an authentic copy and extract out of his books of accounts of the charge and discharge due to the petitioner for the said regiment, and that the said account may be audited and the debenture thereof may be perfected and allowed; and thereafter that the estates aforesaid would be pleased to take some effectual course for payment to the said petitioner of the said sum of £3,664 sterling resting due to him unpaid as other regiments of the army had, as at more length is contained in the said supplication. Which being first remitted to the committee of bills and thereafter to the committee of common burdens to be considered by them and to see the same instructed, the said committee of common burdens did appoint Sir Adam Hepburn of Humbie, knight, to see the said supplication and to give in what answer he thought fitting relating thereto. Likewise thereafter the said Lord Humbie having given in a perfect account of the sum which was resting to the said Colonel Walden, supplicant, of the whole sums acclaimed in the supplication by him, the said estates of parliament have remitted and remit the aforesaid supplication, together with the account given in by the said Lord Humbie, to the committee of estates.
[1649/1/387]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in to them by the provost, bailies and council of the city of St Andrews, for themselves and in name and on behalf of the other inhabitants thereof and of the gentlemen and others, their neighbours, making mention that whereas at the time of the late troubles it was conceived fit for the public good that the said city should have been fortified, and, for the better advancing of so necessary a work, there was warrant granted to the supplicants to make use of the whole stones of the decayed buildings, walls and dykes of the abbey of St Andrews; and since the aforesaid work was not accordingly prosecuted, which occasioned no small detriment to all having interest therein, and that present imminent dangers call aloud for the speedy performance thereof, which the supplicants, with the concourse and help of the gentry of Fife, are most willing to do, supplicating therefore that the said estates might be pleased to take the premises into their consideration and witness the same by granting the supplicants a new warrant for making use of the said stones to the end above-mentioned, and withal to authorise the committee of war of the shire of Fife to order the inhabitants of the presbyteries thereof to give them their aid and assistance, as at more length is contained in the said supplication. Which being heard and considered by the estates of parliament, they have given and granted and by this act give and grant to the provost, bailies and council of the city of St Andrews, for themselves and in name and on behalf of the other inhabitants thereof and of the gentlemen, their next neighbours, full power and warrant to make use of the whole stones of the decayed buildings, walls and dykes of the said abbey of St Andrews, and that for fortifying of the said city; and authorise the committee of war of the said shire of Fife to give order to the inhabitants of the presbyteries thereof to give their aid and assistance to the said work.
[1649/1/388]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by Margaret Livingstone, lawful daughter to the late Sir David Livingstone of Dunipace, knight, making mention that where the said Margaret, as assignee constituted by her said father, having intended action of spuilzie before the lords of session against certain persons, feuars of the lands of Dunipace and Larbert, for violent spoliation and for taking away certain parsonage and vicarage teinds of the said lands pertaining to her as assignee, specified and contained in the principal summons raised at her instance against them relating thereto, the said summons being often called and the said persons, defenders, by their procurators compearing, the same was referred to the supplicant's probation, as an act made thereupon lying in the hands of Sir John Gibson, clerk to the process, bears. By virtue whereof, letters were directed for summoning witnesses in the said matter, who compearing were received, sworn and examined, and depending before Sir Adam Hepburn of Humbie, one of the members of the said lords, the same was sufficiently verified and proven, as the same depositions will testify, whereupon the said supplicant renounced all further probation therein, as an act also lying in the hands of Sir John Gibson likewise purports. Yet nevertheless, the said Sir John Gibson, for what cause or occasion the supplicant knows not, contrary to all equity and reason (notwithstanding of her many requests and desires made to him during the whole space of the sitting of the session), daily postponed and deferred to advise the same whereby sentence might have been pronounced in her favour, so that the said supplicant, being a poor, young gentlewoman, having nothing whereby to maintain herself, having never received any other portion from her said late father but only a right to the said teinds, she is now reduced to extreme necessity, having nothing whereby to live and is not able any longer to subsist unless the said estates of parliament provide some remedy. And therefore supplicating the said estates of parliament to take the premises into consideration and hereby to give order and command to the said Sir John Gibson to exhibit and produce the said process, depositions of the said witnesses and acts before the said estates and to cause take consideration of the procedure thereof; and the said libelled summons raised at the supplicant's instance against the said persons being found to be sufficiently verified and proven, thereafter to pronounce their said decreet and sentence in the said matter, that letters may be directed thereupon at the supplicant's instance against the said persons for making payment to the said supplicant of the same. And in the meantime, to give order and command hereby to them to make payment and deliverance to the said supplicant of so much of the said teinds indebted by them to her, according to the said summons as the said estates of parliament shall think fitting for her present maintenance and subsistence, as at more length is contained in the said supplication. Which being heard and considered by the said estates of parliament, they have remitted the same, together with the process exhibited by Sir John Gibson, one of the clerks of session, to be considered by the committee of estates.
[1649/1/389]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by the presbytery of Aberdeen, making mention that where not only the expediency but the exceedingly great necessity of a kirk to be erected for accommodation of the people dwelling in the remotest parts of the parishes of Fetteresso and Nether Banchory, far distant from their own parish kirks, that it is almost impossible to them, especially in the winter time, to proceed to their own parish kirks for the worship of God and education of their souls, the way being deep and almost impossible, the number of communicants within the said bounds being about 800 or 900 souls; and therefore supplicating the parliament to take the same into their serious consideration, which the presbytery of Aberdeen and Kincardine unanimously, with consent of the heritors of the lands which are appointed to be in the said new parish for accommodation of the people aforesaid, condescended to, and be pleased according to the estates' authority and acts to interpose the appointment and ordain the said kirk to be built with glebe and manse and other accommodations belonging thereto as use is, with sufficient provision and maintenance to a minister to serve the cure thereat in such a way as the honourable estates of parliament aforesaid think most expedient, as at more length is contained in the said supplication. Which being considered by the said estates of parliament, they have remitted and recommended the aforesaid supplication, together with the desire of the petitioners therein contained, to the commissioners appointed for plantation of kirks, to be seriously taken into consideration by them.
[1649/1/390]*[print] [email] [cite] [preceding] [following]
Anent the summons or libelled precept raised at the instance of Sir John Brown of Fordell, knight, and Robert Hay of Struie, for themselves and in name and on behalf of David and Robert Brown in Abbots Deuglie, Helen Scotland, widow of the late John Brown there, now spouse to John Currie there and he for his interest, Robert Hewgon in Cassi-Deuglie, John Balmain there, John and Alexander Burt there, Andrew and Henry Horn there, Janet Simpson, widow of the late William Horn there, David Burt there and Christiane White, widow of the late William Kintillo there, and [...] Brown there, tenants and possessors of the lands of Abbots Deuglie and Clase-Deuglie, against John MacEwing in Condocloich, Andrew Murray in Easter Fendoch, Andrew MacCrae there, John MacCara in Wester Fendoch, Donald MacConnell there, Donald MacConnell in Easter Fendoch, Donald MacGregor in Dawlick, John MacWilliam there, Neil MacInver in Middle Fendoch, William Gordon there, Duncan Roy in Downy, William Roy there, John MacCara, sometime in Downy and now in Middle Lethendy, and Iain Dubh mac GilleChonaill†in Keanadrochen, making mention that where in the month of August 1645 the said defenders, with their accomplices and followers, came in a hostile way, armed with warlike equipment to the said lands of Abbots Deuglie and Clase-Deuglie pertaining to the said Sir John Brown and Robert Hay, and there in a violent way took, spuilzied, robbed and drove away the number of cattle, horse and sheep after-specified from the said lands pertaining to the pursuers of the value and prices following, each one of them respectively for their own parts in manner after-divided, namely: from the said David Brown, 5 oxen, price of the piece thereof 50 merks; 11 cows at 5 merks the piece; 9 young sheep, price of the piece 5 merks; 9 yearling sheep, price of the piece 4 merks; 2 cows at 40 merks the piece and 1 horse, price thereof £40. Item, for the said Robert Brown, 12 oxen, price of the piece 50 merks; 11 cows, price of the piece 40 merks; 2 young ox and 3 heifers at 20 merks the piece; 60 wethers at £4 the piece; 60 ewes at 5 merks the piece; 60 young sheep at 4 merks the piece; and 2 horses, price of the piece £40. Item, from Robert Hewgon aforesaid, 1 cow, price thereof 40 merks and 8 ewes, price of the piece thereof 5 merks. Item, from the said Helen Scotland and the said David and [...] Brown, 16 oxen, price of the piece 50 merks; 11 cows at 40 merks the piece; 6 young ox and heifers at 20 merks the piece; 1 horse, £40; 60 wethers, price of the piece £4; 60 ewes, price of the piece 5 merks and 60 young sheep at 4 merks the piece. Item, from the said John Balmain, 1 cow, price 40 merks and 10 sheep, price of the piece 10 merks. Item, from the said John and Alexander Burt, Andrew and Henry Horn, Janet Simpson, David Burt and Christiane White, 9 oxen, price of the piece 50 merks; 4 young ox and 9 heifers at 40 merks the piece; 26 cows at 40 merks the piece; 5 horse at £40 the piece; 78 wethers at £4 the piece; 224 ewes at 8 merks the piece; 72 sheep at 5 merks the piece and 86 yearling sheep at 4 merks the piece; which horse, cattle, sheep and others above-written are yet detained by the said defenders or sold and conveyed upon by them and yet never redelivered by them to the pursuers. And therefore the committee of estates ordained messengers of arms jointly and separately to summon, warn and charge the said defenders to have compeared before the estates of parliament then ensuing at Edinburgh or where it should happen them to be for the time on 23 January last, with continuation of days, to have heard and seen themselves determined to redeliver the said cattle, horse, sheep and others above-written so robbed, spoiled and taken away by them and as yet detained by them in as good case as the same were at the time of the theft thereof or the values and prices of the same above-specified, and to have heard and seen such further course taken in the said matter as the said estates should think fit, with certification to them if they failed to compear, the said estates would determine in the said matter as they should think good; and likewise to summon, warn and charge witnesses to compear before the said estates of parliament the said day and place to bear lawful and steadfast witnessing in the said matter, as in the said libelled summons or precept at more length is contained. Which being called in face of parliament upon the said 23 January (and after lawful citation of the said whole defenders to compear the said day), and the said Sir John Brown and Robert Hay compearing personally for themselves and in name of their said tenants, and the said defenders being called publicly in presence of the said whole members of parliament and at the outer door of the parliament house and not compearing, the said estates of parliament, after reading of the said libelled summons or precept and executions thereof, did remit the said matter and hearing thereof to the committee of parliament appointed for bills, to be taken into consideration by them; with power to the said committee to examine the witnesses already cited and compearing and to take and receive all further probation the pursuer would use for proving the said summons or libelled precept, and to give out warrants for citing the defenders and more witnesses to that effect. And the said committee having met and convened upon 24 January last, and having caused call the said defenders and they not compearing to object against the witnesses aforesaid appointed by the said estates to be received by the said committee, after that the said committee had found the aforesaid summons or precept relevant, the said Sir John Brown and Robert Hay, compearing personally for themselves and in name of their said tenants, declared that they would prove the violence by witnesses and that they referred the quantities, qualities and prices of the said horse, cattle, sheep and others spuilzied and taken away as said is to the said defenders' oaths of verity simply; and for summoning of the said witnesses and defenders respectively aforesaid to the effect above-specified, craved an act and warrant to be directed at their instance to messengers of arms, one or more. Which being granted by the said committee and issued out under their hand and the said whole defenders, by virtue and according to the said act and warrant, being all lawfully warned and cited by John Morrison, messenger at arms, upon 6, 7 and 8 February last, personally apprehended to have compeared before the said estates of parliament upon 20 February, with continuation of days, to have given their oaths of verity upon the points of the said summons or libelled precept referred thereto as said is, with certification to them if they failed therein, they should be held as confessed and decreet given against them in the said matter; and also several witnesses being likewise lawfully cited to compear day, place and to the effect aforesaid, as the said act or warrant and executions thereof in themselves also at length bear, and they being all respectively called on in face of parliament upon the said 21 February last and the said defenders not compearing, the said estates of parliament held the same whole defenders as confessed upon the quantities, qualities and prices of the said horse, cattle, sheep and others above-written referred to their oaths of verity as said is, and ordained the said committee to proceed in taking what further probation was necessary for proving the said summons or libelled precept, and to examine the said witnesses and such others as should be led and used in the said matter, and to take the same into further consideration and to report their opinion relating thereto to the estates of parliament. Who having received, sworn and examined sundry reputable witnesses at several diets and times, after calling the said whole defenders and they not compearing to object against their receiving, reported their opinion anent the said matter in face of parliament; with which report of the committee, order of process above-written and probation led and deduced by the said pursuers in the said matter the estates of parliament, being well and ripely advised, they find the aforesaid summons or libelled precept sufficiently proven by the depositions of the said witnesses and holding the said defenders as confessed as said is, and therefore decree and ordain the aforenamed persons, defenders, to redeliver to the said pursuers the number of horse, cattle, sheep and others above-written spuilzied and taken away as said is in as good case as the same were the time aforesaid of the theft thereof to each one's own parts in manner above-divided or the values and prices of the same above-written, and ordain letters of horning to pass and be directed hereupon on a simple charge of 15 days' poinding and others necessary in the appropriate form.
[1649/1/391]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration a supplication given in by James Grierson of Dalgonar and James Kirkco of Sundaywell, for themselves and as having power from the minister and parish of Dunscore, for purchasing warrant for transplanting the kirk of Dunscore to the lands of Dalgonar as the middle of the parish, showing that after long attendance and bestowing of pains and charges, they by an act of parliament of 13 February 1647 ordaining the kirk of Dunscore to be transplanted from the place where it stood and to be built on that part of the lands of Dalgonar adjacent to the white croft and appointing the whole heritors and parishioners of Dunscore to contribute proportionally for building the new kirk, with the minister's manse and kirkyard dykes, and for transporting the materials of the old kirk; as also showing that according thereto foundations for the new kirk were built and the walls completed to the height of the side wall, and that order being given by the presbytery of Dumfries to some of their number to discuss with craftsmen what the expenses in the building and completing of the new kirk, with the minister's manse and kirkyard dykes, would extend to, these commissioners, with various gentlemen of the parish of Dunscore, did take the oaths and declaration of sundry craftsmen of all sorts anent the charges and expenses in building the new kirk; and, after consideration thereof, found that it would amount to the sum of 3,190 merks over and above the supplicants' charges and expenses in attending and purchasing the aforesaid warrant for transplanting the kirk, and over and above the necessary expenses disbursed by them relating thereto and extending to the sum of £419 8s. And therefore desiring that the aforesaid sums condescended upon to be the expenses of the building of the aforesaid kirk, minister's manse and kirkyard dykes, with the supplicants' expenses and disbursements aforesaid, extending in all to the sum of 3,190 merks, might be ordained to be proportioned and paid by the heritors, parishioners and possessors according to the valuation of the rent of the parish, extending to 8,669 merks, and that letters might be directed accordingly for payment and collection thereof and warrant given that no suspension pass against this, to the effect the completing of the kirk be not hindered, as at more length is contained in the said supplication. Which, together with the report from the committee of bills bearing that, after consideration of the aforesaid supplication and instructions thereof, that they found that the estates of parliament by their act of 13 February 1647 have ordained the kirk of Dunscore to be transported and a new kirk to be erected and built in the place before designed, and that the whole heritors, parishioners and possessors are ordained to contribute proportionally for building the new kirk, manse and kirkyard dykes and carrying of lime stones and other materials of the old kirk for that effect; as also found by a report subscribed by the commissioners of the presbytery of Dumfries appointed for taking trial of the expenses of the aforesaid building that the same would amount to the aforesaid sum of 3,190 merks, and therefore their humble opinion was that the said estates of parliament would be pleased to ordain the aforesaid sum to be paid by the heritors, possessors and parishioners of Dunscore according to the valuation of the rent of their parish, extending to 8,669 merks; and that proportionally according to the rate following, namely: the sum of £36 16s out of each hundred pound land land of the aforesaid valued rent of the parish; and that the collection might be entrusted to the supplicants who have had the former charge or to any other the kirk session of Dunscore shall appoint, allowing their own proportions to be paid by themselves in the first end. Which opinion being taken into consideration by the said estates of parliament, they have approved and approve thereof and accordingly have ordained and ordain the whole heritors, parishioners and possessors of the said parish to contribute proportionally for building the said kirk, manse, dykes and for the carriage and materials aforesaid according to the proportion above-written at £36 16s out of every £100 of valued rent of the said parish. And as concerning that article anent the charges and expenses sustained and disbursed by the supplicants in attending and purchasing the warrants for transporting the kirk, which extend to the sum of £419 8s, whereof they allege they had allowance of 24s to themselves and their horse during their attendance, the said estates of parliament have remitted and remit to the kirk session of Dunscore to take the oaths of those who attended and purchased the said act for transplantation of the kirk, and to try what warrant they had for that effect, and accordingly to stent and make proportional the payment thereof according to the rate aforesaid.
[1649/1/392]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their serious consideration the desire of a supplication given in to them by Sir Ludovic Gordon of Gordonstoun, bearing his lands of Duffus to have been spoiled, wasted and made unprofitable to him since the beginning of these troubles by the common enemy, and therefore desiring that he might be discharged of his bygone feu duties. Which desire being heard by the said estates of parliament, they remit the same to the commissioners appointed for the exchequer, that they may take into consideration his bygone feu duties since the year of God 1643 for the reasons aforesaid.
[1649/1/393]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into consideration the supplication of Jean Cockburn, widow of the late David Scrimgeour, tutrix testamentar to Margaret and Clara Scrimgeour, their bairns, heirs and executors to the said late David Scrimgeour, showing them to have obtained a decreet before the lords of council and session upon 6 June 1647 against John [Scrimgeour], now viscount of Dudhope, grandchild and heir served and retoured to the late John [Scrimgeour], viscount of Dudhope, his grandfather, upon which decreet the supplicants raised letters of horning and caused charge the said viscount of Dudhope to have employed the sum of £20,000 for the use of the supplicants, in manner specified in the said decreet. The which charge the said viscount of Dudhope suspended, minding thereby to frustrate the supplicants of their present subsistence and livelihood, they having no other means to live on but the annualrent of the said sum. And therefore craving the parliament would ordain the said viscount of Dudhope to pay to the supplicants the due and ordinary annualrent of the said sum resting owed to them for their maintenance and sustentation notwithstanding of the said suspension and no discussion thereof, and to ordain letters to be directed to charge him for payment thereof under the pain of horning, as at more length is contained in the said supplication. Which, with the said viscount of Dudhope's non-compearance before the parliament or committee of bills, being lawfully cited and warned to have compeared at a certain day bygone to have heard and seen the desire of the bill granted, together with an act of the lords of council and session of 17 February 1648 ordaining the sum of 2,000 merks money modified by the said lords and consigned by the said viscount of Dudhope to be given up to the supplicants for their maintenance, together also with the report of the said committee of bills in the said matter, being taken into consideration by the said estates of parliament, they decree and ordain the said John, viscount of Dudhope to content and pay to the supplicants presently the sum of 2,000 merks for their bygone maintenance preceding Candlemas [2 February] last and the sum of £1,000 yearly in time coming until the said suspension be discussed for their future subsistence and maintenance, beginning the first term's payment of the said sum of £1,000 at the term of Lammas [1 August] next in this instant year of God 1649; which sums the said estates declare to be in part payment of the bygone annualrents resting owed by the said viscount of Dudhope to the supplicants, and ordain the said two several respective sums ordained to be paid in manner and at the times above-written to be paid to them without any retention for either of the said sums. And likewise the estates of parliament discharge any suspension to be granted in the said matter, and ordain letters of horning to be directed thereupon, if need be, on a simple charge of six days only.
[1649/1/394]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of Alexander Forrest, one of the ordinary macers before the lords of council and session, showing that the committee of estates by their act of 12 October last did appoint him to be one of the ordinary macers to attend them until this present parliament, and did allow to him 3s sterling per day for his service and attendance; and therefore desiring the parliament to grant an act in his favour to be one of the ordinary macers to the committee of estates and convention of estates respectively during his lifetime or continuance of the said committees or conventions, with all fees, privileges and casualties belonging thereto, and to assure to him the payment of his former allowance since 4 January last and in time coming as said is, as the supplication more fully purports, together with the report and opinion of the committee for the bills concerning the aforesaid supplication and desire thereof. The said estates, in respect of the known honesty and ability of the supplicant and of his careful and diligent attendance, nominate, appoint, make and constitute the said Alexander Forrest, supplicant, to be one of the ordinary macers to attend and serve this next ensuing committee of estates as one of the ordinary macers there and to all other subsequent committees and conventions of estates respectively hereafter during his lifetime, and ordain the same place of being one of the ordinary macers to committees and conventions of estates respectively to be held, possessed and enjoyed by him with all fees, privileges and casualties belonging thereto peaceably without any interruption in time coming. And also the said estates, in respect of the aforesaid act of the committee of estates of 12 October last allowing 3s sterling per day for his attendance and service aforesaid, they do therefore hereby recommend the said Alexander Forrest, supplicant, to the committee appointed for monies and accounts of the kingdom for his payment and satisfaction of his bygone allowance since the aforesaid act and for his service in parliament since the said 4 January last and in time coming during his service as an ordinary macer before the said committees and conventions of estates respectively, anent which premises the estates declare this act shall be a sufficient warrant.
[1649/1/395]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering the supplication presented by Sir John Wemyss of Bogie, touching the redelivery of the surety granted by him (as commissary-general) by virtue of an act of the committee of estates in the month of August last to Mr Pitcairn, advocate, for his demission of the office of commissariat of Dunkeld, and that the same, by their warrant and command, is redelivered and cancelled; therefore they have declared and declare the said demission to be void and restore the said Mr Patrick Pitcairn to the said office of commissariat and to all title and possession thereof, according to the gifts granted to him before. And also the estates of parliament of new give, authorise and constitute the said Mr Patrick commissary of the commissariat of Dunkeld for life without offence, giving to him the same place, and his deputes of the said commissariat to be appointed by him, whom he is authorised hereby to nominate and for whom he shall be answerable, all fees, privileges, immunities and casualties belonging thereto within the whole bounds and limits of the said commissariat to be exercised and enjoyed by him and his deputes as freely and fully in all points as any other commissary does or may do within this kingdom; and particularly with power to him to nominate, admit and appoint clerks and fiscals and other necessary members of court. And the estates of parliament do hereby exclude Mr James and Gilbert Stewart from all title, interest, possession, profit and casualty belonging to the said office apprehended or to be acclaimed by either of them by virtue of the aforesaid demission, acts of parliament or committees in all time coming, and declare all conformations of testaments and decreets given and issued by them since the date of the said Mr Patrick's first gift to be null and ineffectual, discharging all the lieges from repairing to the pretended consistories and receiving confirmation of testaments from either of them in time coming. And for the better accommodation of the lieges, recommend to the committee of estates (who are hereby authorised with full power) to determine anent the constant seat of the consistory, and in the meantime, appoint the consistory courts to be affixed and held at the burgh of Perth, requiring hereby [John Murray], earl of Atholl, his bailies and factors that they suppress all consistories and commissariat courts to be kept within the town of Dunkeld and cause make publication hereof at all places needful within the bounds of their jurisdictions.
[1649/1/396]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration a supplication given in by Walter Leslie of Gedloch, making mention that where the late John [Leslie], earl of Rothes, having obtained a decreet against him for the violent profits of the lands of Netherglen, then possessed by the said supplicant, and thereupon having raised horning and caption, true it is that the late John Grant of Carron, his bailie, came upon a Sunday to the kirk of Birnie, accompanied with 60 or 80 men, and without regard to the Lord's day took the said supplicant away with him by violence out of the said kirk to the castle of Rothes, where he detained him until the Tuesday thereafter, that the said supplicant for his relief was forced to subscribe a bond for payment to the said late John Grant at Whitsunday [May/June] next thereafter of £3,000 as principal and £1,000 of penalty and annualrent until the payment; which bond the said late John Grant refused to redeliver to the supplicant, though he had satisfied the said earl of Rothes, as his discharge will notify, and that the same bond was unjustly extorted from the said supplicant by the said late John and his associates, who threatened to bereave the said supplicant of his life during the time they had him in their hands unless he did subscribe the said bond, for which he did receive no good deed nor was never resting to the said late John of the sums contained therein nor no part thereof. Whereof the said late John and his friends, being conscious that the said pretended bond will not subsist in law, they have used no execution thereupon, though he was censured by the presbytery of Elgin for being a profaner of the Sabbath; and that the said supplicant obtained suspension of the execution of the said bond or charge to have been used thereupon, with the intention to have drawn the same to hearing, which had been discussed in his favour if the said late John Grant had not been killed before the day of compearance. And least that the said bond should be made use of against the supplicant, his heirs and executors, which would exhaust all that he has (a business to be taken notice of), the supplicant has raised summons for reducing thereof before the lords of session, which is executed against John Grant now of Carron, his son and heir. And seeing that by the interval of session the witnesses nominated in the said pretended bond may die and the said supplicant thereby frustrated of his probation to his ruin, and that equity and justice require for preventing thereof that the depositions of the said witnesses should be taken and kept in preservation, as the lords of session usually do in similar cases, therefore humbly craving that the parliament would take the premises into consideration and notify the same by granting a commission to some qualified men in the shire of Moray (where the aforesaid unlawful business was acted and the said supplicant dwells), authorising them with power to elect a clerk and officer and to take the depositions of so many witnesses, both who were at the deed and are witnesses inserted in the bond, as the said supplicant shall use in the said matter; and for that effect to summon them and the said John Grant or any other interested party to hear and see them received, sworn and admitted. And that the parliament would declare that the said depositions so received and sent enclosed to the lords of session shall be as sufficient as if taken by the said lords themselves, without prejudice of the defenders' lawful defences against interest of party, reasons of reduction, and why the depositions of witnesses should not work against him to his prejudice, as at more length is contained in the said supplication. Which being heard by the said estates of parliament and remitted by them to the committee of bills to see the same instructed and to give their opinion relating thereto, who accordingly having reported their opinion to the said estates of parliament, they have given and granted and by this act give and grant full power, authority and commission to [...] Brodie of that ilk, Sir Ludovic Gordon of Gordonstoun, Mr John Hay, provost of Elgin, John Sutherland, brother to [Sir Alexander Sutherland], laird of Duffus, James Torrence, burgess of Elgin, and William Laing, bailie there, or any two of them, with power to them to make choice of a clerk to take the depositions of the persons following, namely: James Grant of Rudrie, Patrick Grant in Dandaleith, James Leslie, notary, James Colle in Rothes, John Gray in Milltown of Rothes, George Gray in Erdnely†, William and John Stewart in Ardesky, David Stewart in Schirdustoune and Mr John Marshall, minister at Dundurcas, with power to them to appoint their place of meeting and to direct precepts for summoning the said witnesses and of the parties for their interest, and to discuss the whole objections to be proposed against the said witnesses, and to receive, swear and examine the said witnesses, and to commit their depositions in writing and subscribe the same with their hands. And ordain the said Walter Leslie, supplicant aforesaid, to report the said depositions, authentically closed and subscribed in manner aforesaid in presence of the lords of session, to remain and to be kept closed in preservation until the decision of the aforesaid action of reduction. And the said estates of parliament reserve to the said parties, defenders in the said action of reduction, all their lawful defences which they have or may be competent to them against the interest of party, reasons of reduction and all other defences whatsoever according to the law.
[1649/1/397]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in by the bailies, council and community of Lanark and presbytery thereof, making mention that where it is true that the commodious and straight passage way to the burgh of Edinburgh from Galloway, Ayr, Kyle, Carrick and Cunninghame is through the River Clyde at Clydeholme near Lanark, where there has been still a boat on the river, and in the said supplicants' ages several of these boats with the spate of water have been lost and carried over Clydes Lin, which has been the death of many honest men, both of neighbours and strangers, and in time of great rain or tempestuous weather there is no passage through the water, to the great hindrance of all that travel that way. Likewise in the month of January last a new boat at that place, by the spate of the river, was carried away with an honest young man therein, the young man perished and not yet found, so that the boatmen are impoverished and the people that pass through are in great danger in every spate of rain. And now, after consideration of the premises, they find that there is a firm rock through the water, a little above where the boat passes, that a bridge of stone of four bows may be built to the great aid and help of all that travels that way for preservation of their lives in times of storms or tempests and putting them from the fear of danger; and seeing that the said burgh is so impoverished and is unable to build the same through the pestilence, the great loss the said supplicants sustained by spoiling and plundering in breaking up of their houses by that wicked army under command of James Graham, [earl of Montrose] and the late unlawful Engagement, over and above public burdens, humbly therefore craving that in such a pious work the charity of all pious people may be required for furtherance thereof, and that the same may be recommended to all shires, burghs, presbyteries and parishes in this kingdom, that an effectual course may be taken for collecting a voluntary contribution for advancing the said work, as at more length is contained in the said supplication. Which being heard and considered by the said estates of parliament, they, in respect of the great necessity of the work, have recommended that a voluntary contribution may be granted for building the said bridge over the River Clyde for the good of the kingdom and safety of the lieges.
[1649/1/398]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration a supplication given in by John Shaw of Greenock, making mention that where he is charged to pay to Sir William Dick of Braid, knight, the sum of 2,000 merks money, as his proportion of 200,000 merks contained in a contract passed between him and certain noblemen, barons, gentlemen and burgesses on the one and other parts, of the date 12 and 13 March 1639, and act of the committee of parliament for regulating the said sum within six days under the pain of horning, and seeing it is not unknown to the parliament how that sum was borrowed and employed for the use of the public, and that the said John Shaw was never charged until now and that he thought it had been paid, otherwise he could not have been ordered to lend monies to the public, as he was in March 1645, at which time the said John Shaw lent 1,200 merks and received a public bond thereof, whereas no other subscriber of that bond was compelled to lend monies within the kingdom except the said supplicant. And albeit the public was then owing to him for quarterings and passage money for carrying goods by boat to [William Kerr], earl of Lothian and Colonel Campbell's regiments the sum of 720 merks, for which he got a precept in May 1644 and as yet did never receive any payment, neither of principal nor annualrents, according to his bond and precept, extending now to 2,580 merks, and seeing the said John Shaw subscribed the aforesaid contract when he was sent out by the shire to attend the public, the said John Shaw expects the estates of parliament will not suffer him to be distressed for the same, especially it being well-known to all (at least to the most part thereof) that he has never withdrawn himself from the cause now in hand, but has ever contributed thereto according to his power, whereby, and by the malice of the common enemy, he and his tenants have suffered the loss of 50,000 merks which the said John Shaw is able to instruct. And now if he be not relieved of this sum, that and his former sufferings, with the ordinary burdens of the country, will make him unable not only to be useful to the public hereafter, but also the same will totally exhaust his whole means of subsistence. The said John Shaw's humble desire therefore is that the said estates of parliament would be pleased to take his hard condition into their serious consideration and cause either relieve him of the aforesaid 2,000 merks or otherwise to pay to him the aforesaid 2,584 merks due to him by the public, whereby he may relieve himself, as the said supplication at more length bears. Which supplication being heard and considered by the committee of common burdens, losses and monies and found by them sufficiently instructed and their opinion thereof reported to the parliament, the said estates of parliament find and declare that the said John Shaw of Greenock ought to be exonerated and relieved of the aforesaid bond granted by him to the said Sir William Dick, or otherwise that he ought to be repaid of the monies lent by him and other debts due by him to the public, and that out of any monies due to the public within the sheriffdom of Renfrew preceding March 1648. And in the meantime the said estates of parliament suspend all execution to be directed at the instance of the said Sir William Dick against him until the next session of parliament and 15 days thereafter, to the effect the supplicant may try how effectual the manner of payment aforesaid proposed to him may prove; and if the same proves not effectual, then and in that case the said estates of parliament ordain the said John Shaw of Greenock to have his relief from the fines and borrowed monies as others shall have.
[1649/1/399]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication of Donald Cameron, sheriff clerk of Argyll, craving payment of the sum of £1,241 18s money of this realm, furnished and advanced by him to the army that went along to the highlands in pursuit of the rebels there in the summer of 1647 for such things as they stood in need of, at command of [Sir John Wemyss of Bogie], commissary-general, and an assurance of payment, as a precept drawn upon the collector of Renfrew by the commissary-general of 15 May 1648, which was not obeyed, as at more length is contained in the said supplication. Which, with the precept aforesaid, with a declaration under the hands of [Archibald Campbell], marquis of Argyll and Lieutenant General David Leslie, together with the report of the committee of bills made relating thereto, being considered by the said estates, they find the aforesaid supplication sufficiently instructed and therefore grant precept, warrant and command hereby to Sir James Stewart of Kirkfield [of Coltness], knight, commissary-general, to make payment to the said supplicant of the said sum of £1,241 18s money aforesaid, and that out of the readiest of any public monies he has or can command, the army and garrisons of this kingdom being always first satisfied and paid. And the said estates declare that the supplicant being satisfied and paid by virtue of this precept, that the former precept shall cease and become void.
[1649/1/400]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into consideration a supplication given in by Lady Jean Lindsay, daughter to [Henry Crawford], earl of Crawford, Mr Andrew Ramsay, minister, Mr Robert MacGill, John Maxwell, Mr John Aitchison and Mr John Adamson, advocates, Robert Pringle of Stichill, William Monteith of Carribber, Gavin Nisbet of Muirhouse, Mr John Pringle, Margaret Hart, widow of Mr Henry Blyth, minister, Mr Alexander Gibson, minister, Robert Meiklejohn, skinner, Robert Aitchison, Alexander Pearson, merchant burgesses of Edinburgh, Elizabeth Duff, widow of the late Adam Gaunes, Daniel Melville, writer, the masters of the hospital of Edinburgh and Anna Buchanan, widow of the late Adam Napier, for themselves and other creditors to the laird of West Nisbet, who have real rights of his lands and to whom there is indebted 80,000 merks more than the value of his estate, making mention that the supplicants, having used all legal ways against the laird of West Nisbet, they, after a process led against him before the lords of secret council, procured letters of treason for ejecting him and his family out of his house, which charge his lady suspended; and being again heard before the lords of secret council, they by their decreet in the court of appeal ordained the said lady to be taken by caption and incarcerated within the said tolbooth of Edinburgh, out of which, James Graham, [earl of Montrose] took the laird of West Nisbet in 1645 after Kilsyth and repossessed him in his house of West Nisbet, where he, his lady and children have still continued ever since the said time, cutting and destroying the whole planting, collecting the teinds and robbing the tenants. Whereupon the supplicants, having submitted themselves to the parliament in 1647, they, by their act of 4 March the said year, ordained the sheriff of Berwick and his deputes to take the said laird of West Nisbet, re-enter him in the said tolbooth of Edinburgh and eject his lady and children, upon which act, the supplicants having raised letters and charged the said sheriff and his deputes, they did suspend the said charge. The parliament in 1648, by their decreet (the matter being discussed before them) against the said sheriff and his deputes, ordained the former act of parliament to be put to further execution, notwithstanding whereof the said Sir Alexander Nisbet of West Nisbet, his lady and children do still possess the houses and lands to the great contempt of the authority of the parliament, this being done so near the seat of justice, to the said supplicants' utter wrack and ruin unless remedy be provided. Humbly craving therefore that the said estates of parliament would be pleased to take the premises into their consideration, and in regard of the said sheriff not exercising that office now in that shire, that the parliament would give command and warrant to all officers of horse and foot now in arms within this kingdom to take and apprehend the said laird of West Nisbet, re-enter him within the tolbooth of Edinburgh and eject his lady and children, as at more length is contained in the said supplication. Which being remitted to the committee of bills to be considered by them and to give their opinion relating thereto, who accordingly having reported their opinion thereupon, the said estates of parliament have given and granted and by this act give and grant full power, authority and commission to [Alexander Leslie], earl of Leven, lord general, Lieutenant General David Leslie or any other inferior officers to give order to any of their troopers to assist messengers for putting the supplicants' letters of caption to execution, in taking and apprehending the said Sir Alexander Nisbet of West Nisbet and to incarcerate him within the tolbooth of Edinburgh where he was formerly in ward until he was put out in the time and in manner above-specified; and likewise to give order to eject the said Sir Alexander and his children out of the place and house of West Nisbet, according to the supplicants' decreets and acts of parliament and former warrants granted for that effect.
[1649/1/401]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration a supplication given in to them by Sir John Sinclair of Dunbeath, knight, commissioner for the sheriffdom of Caithness, making mention that the number of free barons within the said sheriffdom is so few that very often in the best times they have wanted a competent number for choosing commissioners to parliaments, and now, in times of defection, others such as comply with enemies and those who are accessory to courses against the cause of God are justly debarred from voting in election of commissioners to parliaments, this difficulty is greater and elections are the more questionable, which is likely to continue through the disaffection of some of the gentry of these parts. And albeit that landed gentlemen who are not free barons cannot be elected as commissioners, yet in some shires that are in this condition the estates of parliament found it necessary and granted warrant to such to meet with the well-affected barons at the time of elections and to have vote in choosing commissioners (though not to be commissioners themselves); and have ordained the charges of commissioners to be imposed upon every baron and freeholder proportionally and according to their rents, as in Sutherland and some other shires, which does not only encourage them to testify their affection to the cause but makes such elections the more warrantable and unanimous within these shires. Supplicating the said estates of parliament to grant and pass an act for the sheriffdom of Caithness authorising the heritors and landed gentlemen thereof (being qualified for their affection to the cause) to have power and vote in choosing commissioners to parliaments and other meetings of the estates in time coming, but not to be capable of being commissioners themselves, they not being the king's vassals, as the necessity of public affairs shall require; and also that the charges of commissioners to be chosen in all time coming may be divided and imposed upon all proportionally according to their estates, as at more length is contained in the said supplication. Which being remitted to the committee of bills for consideration thereof, and they having given their opinion thereupon to the parliament (which opinion bears that the desire of the said supplication seems to be reasonable, seeing the sheriffdom of Caithness is informed to be in the same condition as the sheriffdom of Sutherland; likewise the estates of parliament in 1641 have granted an act for the sheriffdom of Sutherland of the tenor and to the effect now desired and craved by the sheriffdom of Caithness), and they having reported their said opinion to the said estates of parliament, they have remitted and remit the desire of the aforesaid supplication, with the aforesaid opinion given in thereupon by the committee of bills, to be considered at the next meeting of the next session of parliament.
[1649/1/402]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by Robert Masterton, merchant burgess of Edinburgh, making mention that Archibald Hamilton, younger, sometime merchant in the said burgh, now resident in Derry in the kingdom of Ireland, is indebted and owing to the supplicant great sums of money, according to two bonds granted by him to the said supplicant thereupon, the one dated in October 1641, the other in September 1642, and which two bonds being registered in Sir John Gibson's chamber, the extracts thereof do not make faith in Ireland, neither will he get payment of him being a resident in Ireland until such time as the supplicant presents there the principal unregistered bonds, which are necessary for the supplicant to be had, otherwise he is in hazard to lose his monies. And therefore supplicating that the parliament would be pleased to grant warrant to the said Sir John Gibson for delivery up to the supplicant of the aforesaid two unregistered bonds, he receiving from the said supplicant the just duplicate thereof under his hand, bearing that the supplicant has received the same to the effect aforesaid, which duplicates, with the estates of parliament's warrant, shall be sufficient to him for his register, as at more length is contained in the said supplication. Which being remitted by the estates of parliament to the committee of bills to be considered and to give their opinion relating thereto, and they having reported the same, the said estates of parliament have ordained and ordain the said Sir John Gibson to deliver up to the supplicant the aforesaid two principal bonds and to receive from the said supplicant the just duplicates thereof under his hand, bearing him to have received the same to the effect aforesaid, and that in respect it is well-known to the parliament that the extracts of the said bonds will not make faith without the kingdom. And the said estates declare the aforesaid duplicates of the bonds to be granted by the said Robert Masterton, supplicant, and this present act to be a sufficient warrant to the said Sir John Gibson to be kept to his register in place of the said principal bonds.
[1649/1/403]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by William Tweedy, merchant burgess of Edinburgh, against Gabriel Weir and John Scott, merchant burgesses there, Andrew Rawson, tailor, burgess there, David Murray, merchant there, and Robert Aitken in Burntisland, and also the provost and bailies of Edinburgh for their interest, making mention that the said supplicant is incarcerated, arrested and detained in ward within the tolbooth of Edinburgh at the instance of the aforenamed persons, his creditors, for non-payment to them and each one of them of the debts and sums of money after-specified, each one of them respectively for their own parts as is particularly after-specified, namely: at the instance of the said Gabriel Weir for non-payment to him of the sum of £160 principal, with certain annualrent and expenses contained in a bond made and granted by the supplicant to him of the date the [...] day of [...] years; and also at the instance of the said David Murray or the said Gabriel Weir, his assignee, for non-payment of the sum of £328 16s of principal, with certain annualrent and expenses contained in a bond made by the supplicant to the said David Murray thereupon dated 1 April 1648; and likewise at the instance of the said Andrew Rawson as assignee constituted by Uilleam Walker†mac Dhùghlais†within the parish of Stewarton for non-payment of the sum of £113 6s 8d principal, with certain expenses contained in a decreet obtained before the provost and bailies of Edinburgh against the supplicant on 17 August 1648, and in an assignation made by him to the said Andrew Rawson, dated 21 December 1648; and also at the instance of the said John Scott for non-payment to him of the sum of £129 principal, with certain annualrent and expenses contained in the obligation granted relating thereto; and further at the instance of Robert Ramage, burgess of Musselburgh, for non-payment to him of the sum of 200 merks principal, with certain annualrent and expenses contained in a bond granted thereupon; within which tolbooth and ward the complainer has remained this long time bygone and still remains therein at the instance of the aforenamed persons, his creditors. And as a sign and token of the supplicant's willingness to give them payment and satisfaction, he has often and various times offered to make assignation of his whole estate, means and debts to them and each one of them for their own parts thereof until they were satisfied of the debts and sums of money above-written, yet such is their malice that they will not accept the same, yet neither will the bailies of Edinburgh put him to freedom and liberty out of the said tolbooth and ward and desist from further troubling him for the sums of money above-written unless they be compelled, and anent the charge given to the aforenamed persons, creditors and provost and bailies of Edinburgh for their interest, to have compeared before the estates of parliament or committee thereof at a certain day bygone to the effect mentioned above and below, or else to have alleged a reasonable cause in the contrary, as at more length is contained in the said supplication. Which supplication and parties above-named being upon 8 March instant called before the committee appointed by the parliament for bills and supplications, compeared personally Jean Paton, spouse to the supplicant, and produced an assignation made and subscribed by her husband to the aforenamed persons, defenders, his creditors, of all and sundry debts, sums of money, furniture and plenishing pertaining and indebted to him by whatsoever person or persons or that shall happen to pertain to him in time coming in payment and satisfaction to the aforenamed persons of the sums of money above-written indebted by him to them and each one of them respectively for their own parts in matter above-divided, dated 7 March instant; and the whole defenders above-named being lawfully summoned to the effect mentioned above and below, were upon the day aforesaid often called and not compearing, whereupon the said committee of bills read and considered the said supplication and desire thereof, together with the assignation produced for the supplicant as said is, and this day reported their opinion relating thereto to the whole estates of parliament. Wherewith (they also being well and ripely advised) the said estates of parliament decree and ordain letters to be directed upon a simple charge of 24 hours only, charging the provost and bailies of Edinburgh to put the said supplicant to liberty and freedom out of their said tolbooth where he presently remains incarcerated, to the effect he may pass and return for doing his affairs as his majesty's free liege, under the pain of rebellion and of putting them to the horn. Providing always that the supplicant be not arrested nor detained in ward within the said tolbooth for no other cause than at the instance of no other person than as is before declared, because the said defenders, being lawfully summoned to have compeared before the said estates of parliament or committee thereof at a certain day bygone, to have heard and seen decreet and letters being given in manner above-written, or else to have alleged a reasonable cause in the contrary, with certification to them if they failed, the said estates of parliament would determine in manner aforesaid, and they being lawfully summoned, did not compear to show any reasonable cause why the same should not be done, but failed and were contumacious therein, as was clearly understood by the said committee of bills. And therefore, and in respect of the production of the aforesaid assignation of the date, tenor and contents above-written, lying with the supplication of the date hereof, the said estates of parliament determined as said is.
[1649/1/404]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by John, earl of Sutherland, making mention that where the said supplicant has been these 11 years bygone employed in the estates' service (since the beginning of this work of reformation) upon his sumptuous and chargeable expeditions against the public enemies of this church and kingdom, with the hazard of his life and loss of many of his people, besides many other chargeable journeys to the south; as also being robbed and spuilzied by [Donald MacKay], lord [Reay] and [John MacKay], master of Reay and their adherents, both in Sutherland and Strathnaver, amounting to above £50,000. In consideration whereof, the parliament in the year of God 1647 did grant to him the sum of £3,000 sterling to be paid out of the monies indebted to the said estates of parliament by the kingdom of England; as also the committee of process and monies in the aforesaid year did fit his accounts and did give precept for £15,000 Scots for the monies he disbursed to his regiment and victual given in to the town of Inverness at the time of their siege and great necessity, when no others could supply them, whereof the said supplicant as yet has never received but £4,000 Scots, as Mr Robert Farquhar [of Mounie] by his letter has testified, which has been produced to the said estates of parliament. And now of late in the month of November last the master of Reay, again with his adherents, friends and such as he will be made accountable for by law, have violently taken up the supplicant's rents in Strathnaver, extending to 5,000 merks, and threatening every day to fall on the country of Sutherland, which has reduced the supplicant to that necessity of keeping 400 men continually at a head since the beginning of September last, which has utterly undone and impoverished the supplicant, his vassals and tenants of Sutherland, so that their charges in the month will exceed 200 bolls of meal and £1,000 Scots money only in opposition to the public enemies of this kingdom; and so trusts for his affection to the maintenance of the cause of God and opposition to the public enemies the said estates of parliament will, according to the covenant, have a fellow feeling with him in his troubles. The supplicant craves therefore that the said estates of parliament would appoint a committee for reporting what they shall find justly resting to the said supplicant and how he may be repaid thereof, and that the same report made in this parliament may be made effectual to him and his country people for securing the peace of those bounds, that the supplicant may be more enabled and encouraged to hazard more and more life and fortune and all that is dearest and nearest to him in the estates' service, as at more length is contained in the said supplication. Which being remitted by the parliament to be considered by the committee of common burdens and to see the same instructed and to give their opinion relating thereto, who having reported the same to the said estates of parliament, they have ordained and ordain the said earl of Sutherland to be satisfied and paid of the sum of £10,900 Scots money as yet resting unpaid of the said sum of £15,000, and have ordained and ordain him to be paid of the aforesaid sum of £10,900 out of the first and readiest of any fines or borrowed monies to be uplifted north of the River Spey.
[1649/1/405]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by the presbytery, town and parish of Lanark, making mention that at several visitations of the kirk of Lanark it has been represented to them by the present minister thereof (as the presbytery knows) how exceedingly weighty the charge of the town and parish of Lanark is, consisting of many hundreds of communicants and being a burgh royal, wherein not only the preaching of the word must be on the Sabbath and on week days, but also (as has been accustomed there) lectures in the evenings, all which being a burden too great for any one minister to bear. We have still found it a work most necessary for the glory of God and for the good of the people of the aforesaid parish that there may be another minister appointed for helping the present minister to bear the burden with him in the work of God in the aforesaid parish. Therefore the supplicants, having now by the good providence of the almighty God so happy an opportunity as this meeting of a parliament is, consisting of members whom they are confident the glory of God is most before their eyes, they having thought themselves bound to take this occasion, and therefore supplicating the parliament, seeing it is so large a parish, with an abundance of tithes and the present minister's stipend but ordinary, the said estates would in their wisdom find out a way whereby a provision may be settled in some competent measure out of the aforesaid tithes for another minister to help in the service of God in the said parish. And rather the supplicants hope to get a gracious answer from the said estates of parliament when they consider their petition to be in favour of the town of Lanark, to which the supplicants are obliged to give this testimony: that as some years before in the days of James Graham, [earl of Montrose] they would not comply with these bloody rebels, for which they suffered great losses and troubles; so in these late troubles, whatever were the failing of others, they in nothing less or more would join with the carriers on of that wicked Engagement and sinful course, but chose rather to suffer the most lamentable oppression by the enemies of the work of God to their almost utter undoing. Which, if the said estates of parliament shall do, as it shall be a work tending to the advancement of the honour of God, so shall it be a great comfort to the town of Lanark, reviving and refreshing their hearts after so great sufferings, and the supplicants shall by the Lord's grace continue and pray for his direction and blessing to the great affairs of the estates aforesaid, as at more length is contained in the said supplication. Which being heard and considered by the said estates of parliament, they have remitted and recommended the said supplication and desire of the supplicants contained therein to the commission appointed for plantation of kirks.
[1649/1/406]*[print] [email] [cite] [preceding] [following]
The estates of parliament have ratified and approved and by this ratification ratify and approve the designation made to Mr Thomas Courtney, present minister at the kirk of Mertoun, and his successors, ministers serving the cure at the said kirk, by the moderator and brethren of the presbytery of Earlston, with the special consent of Sir William Scott of Harden, knight, heritable proprietor of the lands and barony of Mertoun, whereby there is designed to the said Mr Thomas Courtney and his successors aforesaid all and whole the six acres of land then measured and bounded as follows, namely: between the westerplace of Mertoun yard dyke on the east, the flat gate on the south, the said Sir William Scott's own proper lands on the west, and the croft of land possessed by James Milne, smith, and a bog called the Westmyre on the north parts, for a glebe, as the same is presently bordered and bounded by the marker stones set down above the same; and likewise designed that part and portion of ground of the green of Mertoun and yard adjacent thereto at the back thereof, also bounded and bordered by marker stones set down, for a manse to be built thereupon to the said Mr Thomas Courtney and his successors aforesaid as a perpetual manse and glebe to the said Mr Thomas and his successors in all time coming in full satisfaction of any other manse and glebe designed to him or any of his predecessors at the said kirk before; which designation is of the date 3 January 1643, together with the contract made by the said Sir William Scott on the one part and the said Mr Thomas Courtney, minister at the said kirk of Mertoun, with consent of the moderator and other brethren of the presbytery of Earlston within the presbytery the said kirk lies, on the other part, of the date 2 December the year of God aforesaid, whereby the said Sir William Scott ratified and approved the designation above-specified made to the said Mr Thomas Courtney and his successors for the said manse and glebe at the said kirk, and whereby the said Mr Thomas Courtney, for him and his successors above-specified, with consent of the moderator and brethren of the said presbytery, accepted the particular lands and ground above-specified designed, bounded and lying as said is as a perpetual manse and glebe at the said kirk in all time coming in full satisfaction of all others formerly designed at any time before to the minister of Mertoun or his predecessors as a manse and glebe at the said kirk; together with the act of the provincial assembly of Merse and Teviotdale held at Kelso on 19 October 1647, together likewise with the act of the general assembly held at Edinburgh on 3 August 1648 ratifying and approving the designation of the said six acres of land for a constant glebe to the said Mr Thomas Courtney and his successors, ministers at Mertoun, and the said portion of ground and yard adjacent thereto designed for the manse in full satisfaction of all other lands and others formerly designed for a manse and glebe at the said kirk, according to the contract of the date above-written in all and sundry heads, classes, articles and conditions contained in the said designation, contract and acts respectively above-specified and after the forms and tenors thereof in all points.â€
[1649/1/407]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by Robert Mathieson, indweller in Restalrig, making mention that in the month of September last the corns of the supplicant upon the ground towards Leith Links were eaten and destroyed by quartering and by other ways when [Alexander Leslie], earl of Leven was there with the army, that after trial taken of the said supplicant's damage, the same was comprised by [John Elphinstone], lord Balmerino, his bailie and various others honest men in Leith sworn for that effect to extend to the sum of 1,100 merks money of this realm. And seeing that the said supplicant has received no reparation of his said losses and that his bygone carriage to the good cause is well-known, and that also Sir Henry Nisbet, his master, having lately returned from England, is most earnestly and sharply threatening for payment to him of the duties of the said lands whereof the said corns were destroyed, and has vowed to use all rigour against the supplicant for that, albeit he received no benefit of the said crop himself but great loss, as is well-known, and there was nothing left undestroyed but some barley, and he harvested the same with his own hand, whereby the supplicant is reduced to such a condition that he has nothing to live upon nor sustain his family nor to sow the ground. And therefore supplicating that the estates of parliament would have respect thereto and be pleased to give warrant to cite the said Sir Henry Nisbet to hear him found and determined to allow the supplicant the benefit of the printed act made in favour of well-affected tenants anent retention of mails and duties for that effect, to ordain him to have compensation and allowance of the said supplicant's losses by retention of so much of this and such as is resting to the said Sir Henry of former mails and duties, according to the tenor and meaning of the said act, as at more length is contained in the said supplication. Which being heard and considered by the said estates of parliament, they have granted the said Robert Mathieson, supplicant, the benefit of the act of the committee of estates anent tenants whose lands were plundered and spoiled dwelling under disaffected masters, and according thereto ordain the supplicant to have retention of his mails and duties.
[1649/1/408]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the careful, diligent and constant service done and performed to them during the whole time of this present session of parliament by Major Thomas Weir in attending and waiting upon them at all occasions, they have ordained and ordain the said major in remuneration and recompense of his service to be paid of the sum of £50 sterling, and have granted and by this act grant precept to Sir James Stewart of Kirkfield [and Coltness], commissary-general, to make payment to the said Major Thomas Weir of the aforesaid sum. Likewise, he having made payment thereof, ordain this precept, together with the said major's receipt, to be a sufficient discharge and to be allowed to the commissary-general in his accounts for as much.
[1649/1/409]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration the supplication given in to them by John MacLeod of Dunvegan, making mention that forasmuch as ever since the landing of the Irish rebels in the western isles of this kingdom, the supplicant's country and lands lying in and adjacent to these quarters have been still so infested by their barbarous cruelties and so wasted by their frequent incursions and plunderings that all these lands which were the substance of the supplicant's very being and revenue, he is able to make faith and upon the word of honour to declare that he had not one year's rent for the bygone five during these troubles. Yet notwithstanding, the commissioners appointed for valuation of the sheriffdom of Inverness, in absence of the supplicant (questionless through want of due information of his rent and estate), passed a valuation of his lands far above the rent thereof, and notwithstanding, according thereto, the supplicant has been lately charged by Robert Gray [of Ballone], commissary appointed for exacting the monthly maintenance and other public duties north of the River Spey, likewise he has the supplicant registered at the horn and under danger of caption for the same effect, as he is informed. Through which, in respect of his great and heavy sufferings and loss of his whole revenue these years bygone, he is charged for as said is, besides the slaughter and killing of several of his friends and followers who constantly adhered to him in defence of the country in this good cause. He cannot (not knowing of any other means to satisfy the aforesaid charge) but make his humble address to the parliament as his sanctuary in justice and lay open to the said estates his many sufferings and great losses, and withal humbly supplicate that the same might be taken into consideration and looked upon with the same eye of favour as they have been graciously pleased to do to other sufferers and for those oppressed for the same cause by granting them assignments and other eases in reparation of their losses; and that especially in regard of his readiness at all occasions to have cast himself in the gap of opposition to all that rose in the late rebellion, being surrounded as is well-known, with the captain of the Clanranald and others, powerful enemies, therefore the supplicant is confident that seeing justice as the badge of the republic is on the one hand supported by punishment of transgressors and perturbers of the common peace, so the same on the other hand is upheld by remuneration of all well-doers and deservers in reverence of public ordinances and laws in opposition to the former sort of persons. That therefore, in consideration of the premises, according to justice, the said estates of parliament would be pleased to give order to the said Robert Gray to desist from any charge given to the supplicant and to declare him free of any execution used or to be used against him upon the said charge, especially seeing the losses sustained by him, his kinsmen and followers have been more than ordinary, as is well-known to some of the parliament, by the frequent daily incursions, depredation of the said supplicant and his lands and heritages by those who were in rebellion, he being wherever environed by them, which was merely occasioned by his constant unalterable affection to the cause. And albeit the supplicant and his followers' losses and sufferings cannot be presently instructed by reason of the great distance of place where their heritage lies from this, and in regard at the time appointed to the lieges for trying their losses the said supplicant and his followers were still kept under trouble and fear of the enemy, which necessitated their abode at home, yet nevertheless the parliament, being pleased to grant the supplicant a commission presently for that effect, he shall endeavour with all diligence to report the same within time prescribed by the late act of parliament conceived in favour of those who have been well-affected, namely: between now and 1 May next; which concessions being graciously granted to the supplicant for his further encouragement, he cannot (likewise hereby he does) but promise in time to come constantly by his best and utmost endeavours to evidence himself both mindful and thankful for so great a favour conferred on him, who always is and shall remain a constant orator for the greatness and prosperity of this kingdom and good of the public according to duty, as at more length is contained in the said supplication. Which being heard and considered, the said estates of parliament, after consideration had by them of the said supplication, together with another supplication given in to them by Robert Gray of Arkboll, craving that the said John MacLeod of Dunvegan, supplicant, might be ordained to make payment of all bygone maintenance and that the desire of his supplication craving exemption might not be granted, the estates of parliament, after consideration had by them of the good deservings of the said John MacLeod of Dunvegan, supplicant, and his notorious sufferings, have liberated and liberate the said John MacLeod of Dunvegan from payment of his whole monthly maintenance, tax, loan and other public dues either charged or not charged for by the said Robert Gray preceding 1 July 1648; and discharge all letters of horning, caption, inhibition and arrestment (if any be used or not used) against the said supplicant for payment of any of the said monthly maintenance, tax, loan or other public dues at the instance of the said Robert Gray or his assignees preceding the said month of July last.
[1649/1/410]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, taking into their consideration that commission and warrant was formerly granted to Arthur Forbes of Echt for intromitting with and collecting the rents and duties of excommunicated persons in some parts of the north, and herewith also considering the approved fidelity and ability of the said Arthur Forbes of Echt and his affection to and sufferings for the cause of covenant and country, evidenced by his bygone carriage, they do hereby ratify and approve the former warrant and commission granted to him for intromitting with the rents of excommunicated persons within the bounds mentioned therein with any intromission had by him by virtue thereof. And further the said estates of parliament do not only hereby renew the same, but also by this act give full power, warrant and commission to the said Arthur Forbes of Echt to uplift, gather in and intromit with the whole escheatable moveables, means, mails, duties and rents of all excommunicated persons whatsoever within the sheriffdoms of Aberdeen, Banff and Inverness indebted, pertaining or in any way due to them or any of them within the bounds aforesaid; and ordain him to be accountable for his diligence and intromission to the commissioners of exchequer, who are hereby ordained and warranted to grant consideration and allowance at their own modification to the said Arthur Forbes for his pains and travails taken and to be taken by him in this employment and of the expenses and charges already disbursed and bestowed or to be disbursed and bestowed by him in the intromitting with and uplifting of the aforesaid rents, escheatable and moveable means and duties of the said excommunicated persons within the shires above-mentioned. As also ordain the lords and others of exchequer to grant allowance to the said Arthur Forbes of Echt of what he has already given or shall hereafter give out of his intromission with the said rents of excommunicated persons (that have been or shall be uplifted by him by this or his former commission) to the kirk as due to them according to the acts of parliament and laws of this kingdom or to their factors in their names, having power for receiving the same from the several presbyteries and kirk sessions within the bounds above-mentioned, accordingly as he shall instruct the payment by their tickets of receipt granted or to be granted to him thereupon. And for the said Arthur Forbes' furtherance and more ready answering anent his intromission and uplifting of the rents of the said excommunicated persons within the bounds above-specified, the said estates of parliament ordain general letters to be directed hereupon at his instance, charging all and sundry of the said excommunicated persons, their tenants, servants and others indebted in or intromitters with their rents and duties to answer, obey and make payment of the same to the said Arthur Forbes of Echt, or any others in his name having warrant and power from him to receive the same and for whom he is to be answerable. And the estates of parliament ordain this act to endure until the same be recalled by the parliament or exchequer, and that in the meantime the discharges granted or to be granted by him or those having warrant from him are and shall be a sufficient exoneration to the payers thereof at all hands whatsoever.
[1649/1/411]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by Sir Charles Erskine of Alva, making mention that he having a locality assigned to him by [Sir John Wemyss of Bogie], commissary-general, out of the sheriffdom of Dunbarton for payment of the garrison in the castle of Dumbarton, and that notwithstanding thereof the collectors of the said shire do not make payment to the soldiers thereof, and therefore desiring that warrant and order may be given to the committee of the shire and to the said collector to make speedy and thankful payment thereof out of the first and readiest of the maintenance of the said shire. Which supplication being heard and considered, the said estates of parliament have ordained and ordain the collector of the said shire, subcollectors and others having interest in the uplifting of the said maintenance to make thankful payment to the said Sir Charles Erskine of his said locality assigned to him out of the said sheriffdom of Dunbarton for payment of the said garrison, and that out of the first and readiest of the maintenance of the said shire, notwithstanding of the order given by the committee of war of the said shire in the contrary or of any other former order in discharging the payment of the maintenance.