9 February 1649

[Petition of Colonel James Campbell of Lawers]

To the right honourable the estates of parliament now convened at Edinburgh, the humble petition of Colonel James Campbell, son to the late Colonel Sir Mungo Campbell of Lawers

Humbly shows,

That where the committee of estates by their act at Stirling on 6 June 1645 did find themselves obliged in conscience and honour to have a special regard of the good and acceptable service done to this kingdom by the said late Sir Mungo Campbell, my father, and of the losses and sufferings sustained by him therein, and having lost his life in a conflict with the rebels, and by the said act, the committee, in name of the kingdom, did accept me, his son, his lady and children into their protection, and not only to see his losses repaired and bygone arrears duly satisfied, but that an acknowledgment suitable to his deserving should be bestowed on his family; which act is ratified by the parliament at Perth on 7 August 1645, wherein they have granted an act of the date aforesaid that the bygone arrears due to my said late father's regiment (either as colonel of his regiment or as rutmaster of his troop) should be completely paid to Alexander Menzies of Comrie and John Campbell, then commissary for the Irish army. Likewise the parliament at St Andrews by their act of 5 January 1646 ordained [Sir Adam Hepburn of Humbie], commissary-general within the kingdom of Scotland, and the commissary with the Scottish army in Ireland to account with me for the whole arrears due to my said late father (both as colonel of the regiment of foot and rutmaster of a troop of horse) since their first going to Ireland, that it might be constant what arrears were due unpaid, and thereafter to make report to the parliament or committee of parliament that some effectual course might be taken for payment thereof. Notwithstanding whereof, there was never any obedience given to the said acts nor satisfaction made to me, neither for my late father's losses and arrears due to him, through which I was driven to great extremity and distress, having the charge of my grandmother, mother and sisters, my late father's estate being burnt, destroyed and made waste four years bygone by rebels and still continuing so, until I shall be enabled to make up a stock for replenishing the ground. Whereupon I now having submitted myself to the late parliament in 1648, they by their act and precept dated 10 May last found that by the act of parliament of 27 March 1647 the sum of 40,000 merks was appointed to be paid to me as a part of the £98,000 found due to my regiment of their two part pay before my father's death, and therefore ordained the commissaries-general for the time to pay the same to me out of the first and readiest monies that should come to their hands, as the said act at more length bears. Notwithstanding of all which premises, I have received no satisfaction of any part of the aforesaid sums, albeit my burden does daily increase and augment on me, and my father's whole creditors are continually urging and pressing me and my friends, who are engaged as cautioners for him, for payment of their principal sums and annualrents, so that both I and they will undoubtedly ruin and our credit break unless your honours take some speedy course for payment and satisfaction of the sums and arrears due to my said late father by the public, amounting to £98,000 for his service in Scotland, and that over and above the arrears due to my said late father for the service of his regiment in Ireland, extending to £17,000 sterling (besides the arrears due to my said regiment since I was colonel thereto myself, and besides the great losses my said late father sustained in his estate by burning and wasting to the value of nearly £100,000, as the particular account and acts made thereupon bears); special consideration being had that my late father did not only lose his life but likewise ruined his fortune in the public service, and that my regiment ever from the beginning did behave themselves dutiful and faithful, both in their first going in and stay in Ireland and in their coming from there to Scotland and going from this to England and returning from there to Scotland again with great toil and travail, so that they have ever still continued assiduous and faithful to the cause and kingdom. And when all other regiments that were on foot within the kingdom lately in 1648 at the time of the late unlawful Engagement did either go on in that Engagement or else disband at home, yet for all the fair invitations and allurements used by the chief authors and fomenters of that Engagement and their cruel menaces and threatenings, I did still keep up my regiment on foot and brought them at length through many dangers and difficulties when the enemies of this cause and kingdom were at Stirling, and had parties on all hands to assault and intercept us in our march. Yet it pleased the Lord to bring us safely through all these dangers to Lothian, where we still continue with the same resolution we ever had from the beginning, ready to undergo the utmost extremities that can befall us for the cause in hand and the service of this kingdom. May it therefore please your honours, in consideration of the premises, not only to appoint the aforesaid sum of 40,000 merks contained in my former warrant to be paid to me, with the interest thereof since the date of that warrant, but also that your honours will appoint some further proportion of my said late father's arrears to be paid to me for satisfying some of my creditors that are most urging; and that your honours take some effectual course that speedy payment may be provided of the same, or that you will think upon some other effectual way for my present supply; or if the honourable estates of parliament shall not grant some effectual course for payment of the aforesaid sums for enabling your supplicant in some measure to satisfy his creditors (as he does certainly expect) from the justice of the parliament, it is his humble desire that the honourable estates of parliament may either dispose of his lands as they shall think fit for payment of his debts or ordain his creditors to accept thereof for payment of his debts due to them at the ordinary rate and for the which lands were sold at in the country; and that he may have the parliament's approbation and pass to go with his regiment to take service out of this kingdom for his and their necessary subsistence. And your honours' answer I humbly beseech.

9 February 1649

Read in audience of parliament, and remitted to a committee of two of every estate to be nominated by the several bodies at their next meeting; to whom they give power to think upon some effectual means for satisfying the supplicant, and to give in overtures for that effect, and to report, that thereafter the parliament may do therein as they think fitting.

Committee: [Alexander Montgomery], earl of Eglinton and [Robert Arbuthnott], viscount of Arbuthnott for the noblemen; [Alexander Brodie of] Brodie and [Sir George Maxwell of Nether] Pollok for the lairds; Sir James Stewart [of Kirkfield and Coltness] and George Porterfield for the burghs.

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  3. NAS. PA6/8, '9 February 1649'. Back
  4. This refers to the date the act was passed by parliament. Back
[Report of the committee concerning Dame Geillis Moncrieff]

Report Dame Geillis Moncrieff

Edinburgh, 24 January 1649

Supplication Dame Geillis Moncrieff, widow of the late Sir James Oliphant of Newton, against Mr George Oliphant, second son to the said late Sir James, relating to an act of the committee of estates of 2 November 1648, whereby commission is given to the lairds [John Oliphant of] Bachilton, [Sir Thomas Ruthven of] Freeland and [Mr Francis Hay of] Balhousie to repossess the supplicant to the tower and manor place of Newton and to the lands of Newton from where she was violently ejected by the said Mr George; and to redeliver the corns and plenishing taken by him from her, as the act purports; and desiring that the parliament would grant the same commission and power to the lairds [John Moncreiffe of] Easter Moncreiffe, Kintilloch and Mr Patrick Pitcairn, sheriff depute of Perth, to the effect aforesaid, in respect those to whom the former commission was granted are resident in Edinburgh.

It is the humble opinion of this committee that the parliament ratifies the aforesaid act of the committee of estates, and that commission be granted to the lairds of Easter Moncreiffe, Kintilloch and Mr Patrick Pitcairn for repossessing the supplicant to the house, lands, corns and goods, she finding caution in the sheriffdom of Perth at her repossession to make corns and goods forthcoming to all parties having interest, according to the law; and this without prejudice of the supplicant's action of contravention against the said Mr George. And in respect of the said Mr George's carriage and of the wrongs and violences done by him to the supplicant, it is the opinion of the committee that warrant be given to Lieutenant General David Leslie and Colonel Pitscottie, or either of them, to cause apprehend the said Mr George and incarcerate him to remain in prison during the parliament or their committee's pleasure.

J. Coupar, in the presence of the lords of the committee

9 February 1649

The estates of parliament, having heard read the report above-written, they approve the same.

[John Campbell, earl of] Loudoun, chancellor, in the presence of the lords of parliament

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  3. NAS. PA6/8, '9 February 1649'. Back
  4. This refers to the date the act was passed by parliament. Back
[Supplication of Mr Bernard Sanderson, minister at Keir]

The humble supplication of Mr Bernard Sanderson, minister at Keir

To the right honourable the lords and others of this present high court of parliament, humbly means and shows your lordships' servant Mr Bernard Sanderson, minister of the church of Keir in Nithsdale, that whereas in the month of September 1645 the Irish rebels and others under the conduct of the late [James Ogilvy], lord Ogilvy and Nathaniel Gordon, being quartered in and about my dwelling house a whole night and day, I myself being fled to Carlisle for safety of my life, and my servants and motherless children to the hills and mountains, destitute both of food and shelter, entered by violence, breaking up the doors of my said house, chambers and other office houses, broke up all my coffers, chests and cupboards, carried away my whole bedding, furniture and plenishing, the whole garments, both of my own person and my wife's clothing, burned and spoiled my books, burnt my chests, chairs, stools and other timber work, ate up, spoiled and destroyed my whole corns upon my glebe land, whereby I and my whole family were brought to a great strait and necessity, as is well-known to the whole country where I dwell and in particular to our commissioners here in this present parliament. Likewise, the provincial assembly held at Dumfries in October thereafter, laying to heart my great distress as being the greatest and almost only sufferer of that kind within the country of a minister, did give their advice to the reverend brethren of the presbytery of Penpont where I live to take trial and inspection of my particular losses so far as they could, which they have accordingly done and that far within the worth, as their recommendation under their hands, together with the recommendation of the said provincial assembly herewith produced, will make known, which I humbly crave your lordships cause read for your further satisfaction. And having ever since been labouring and striving to wrestle through difficulties, not willing to trouble your lordships so long as I could otherwise do, am in the end so far pressed and overcome through the weight of civil burdens that unless your lordships be pleased to help in this, my strait and necessity, I cannot but succumb and so be disabled from the free and comfortable discharge of my ministry, which to me will be more grievous than death itself. Therefore I most humbly beseech and entreat your lordships to take into your serious consideration the great necessity and extremity to which I am reduced by my long suffering, and grant some speedy help and relief to your lordships' supplicant out of the readiest of the dues belonging to the estates, either here or in the country where I live, as your lordships in your wisdom shall think most expedient, that so I may be the better encouraged to go on in the faithful discharge of my calling, with freedom and cheerfulness of spirit, and may have the greater occasion to pray for a blessing from the Lord upon your honours and his work in your hands. And your lordships' favourable answer I humbly require.

9 February 1649

Read and remitted to the committee of common burdens.

12 March 1649

The committee of common burdens, having considered the supplication of Mr Bernard Sanderson, minister, together with the presbytery's and synod's attestations of his losses amounting to the sum of 1,200 merks by the plundering of the enemy, it is their humble opinion that the said Mr Bernard should be paid of the aforesaid sum out of any sums due to the public by the shire of Nithsdale of bygone maintenance, tax or loan preceding October 1648.

[Robert Balfour, lord Balfour of] Burleigh, in the presence of the lords of the committee

Supplication Mr Bernard Sanderson, 15 March 1649, extracted.

  1. NAS. PA6/8, '9 February 1649'. Back
  2. NAS. PA6/8, '9 February 1649'. Back
  3. NAS. PA6/8, '9 February 1649'. Back
  4. This refers to the date the act was passed by parliament. Back