[1649/1/366]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/367]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/368]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/369]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/371]*[print] [email] [cite] [preceding] [following]
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.†
[1649/1/372]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/373]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/374]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/375]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/376]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/377]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/378]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/379]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/380]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/381]*[print] [email] [cite] [preceding] [following]
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.
[1649/1/382]*[print] [email] [cite] [preceding] [following]
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.