Vigesimo nono Maii [1649]

Procedure

Prayers sayd, rollis callit.

  1. NAS. PA2/25, f.5r. Back
  2. NAS. PA2/25, f.5r-6r. Back
  3. NAS. PA2/25, f.6r-6v. Back
  4. The remainder of this folio and a third of the next is left blank. Back
  5. NAS. PA2/25, f.7r. Back
  6. NAS. PA2/25, f.7r-7v. Back
  7. 'the same' repeated. Back
  8. NAS. PA2/25, f.7v-8r. Back
  9. 'the' repeated. Back
  10. Sic. Back
  11. NAS. PA2/25, f.8r. Back
Warrant: to examine John Watt and certain witnesses

The estaits of parliament ordanis Mr Thomas Nicollsone, his maties advocat, and Mr Alexander Colvine, his maties justice deput, to examine Johne Watt, skipper, anent some speiches uttered be him and upon the poynts of such interrogators as shall be givine in aganis him; as also to examine such witnesses as ar present concerning the speiches uttered be the said Johne, and to report the same to the parliament.

  1. NAS. PA2/25, f.5r. Back
  2. NAS. PA2/25, f.5r-6r. Back
  3. NAS. PA2/25, f.6r-6v. Back
  4. The remainder of this folio and a third of the next is left blank. Back
  5. NAS. PA2/25, f.7r. Back
  6. NAS. PA2/25, f.7r-7v. Back
  7. 'the same' repeated. Back
  8. NAS. PA2/25, f.7v-8r. Back
  9. 'the' repeated. Back
  10. Sic. Back
  11. NAS. PA2/25, f.8r. Back
Procedure: commission for the apprehending of William Wallace of Craigie and others
Commissioune for taking and apprehending Williame Wallace of Craigie and uthers thairincontinit

The estaits of parliament now conveined, having considerit the suplicatioun givine in to them be Sir Williame Wallace of Craigie, knyght, mentioning that Hew Wallace, his eldest sone, evir since he wes maried thir fyve or sex yeirs bygane had caryed himselff most inhumainlie and unnaturallie against his father; and besyd uther unnaturall cariage to his father mentioned in the said suplicatioun, about the begining of Mairch last, thair being ane discourse betuix the said suplicant and Cristiane Pringill, spous to the said Hew, his sone, the said Hew, without any offence givine be his father to him or his wyff, gave his father a lie in his owine chalmer and vowed by tuo severall vowis, adding horrible oathis, that he sould shute his father throw the heid with tuo bullats and that he wold put him in the tolbuith of Edinburgh, quhilk wes renewed be the said Hew in the suplicant's hall in presens of his wholl famellie. And that laitlie upon the tuentie fourt day of Appryle last the said Hew Wallace, his sone, having drawin into his societie Williame Wallace, second sone to the suplicant, they, togidder with the said Cristiane Pringill and certane uther thair associattis convocated be them, came to the suplicant's house of Craigie (he and his ladie being both absent) and having by thair deceatfull and politick inducments drawin all the people from the place, except such as wer privie to thair designe, and they having purchast and gottin divers ingyns and worklooms, entred the said hous and with the saids instruments brak up ane great double dore (having great naills therin and being lockit with tuo great strong locks, being the dore of his studie within the suplicant's chalmer, which wes voulted both above and beneth), out of which studie they did rob, steill and tak away the soume of ellevine thowsand and sex hundreth merks or therby of gold and silver belonging to the suplicant, quherwith he intendit to have payit his debt. And not being satisfied therwith, the personis afoirsaid did thifteouslie steill and tak away the haill old and new evidents of the suplicant's lands and leiving of Craigie and uthers, with many moe writs which he had laitlie procur[ed] from some of his creditors, such as dispositiouns, assignatiouns and uther writs maid to blank persons, with divers uther writts pertining to uther persouns, quherby he and his estait wer utterlie ruined. And thairfoir desyring sume speidie cours for tryell of the foirsaids persouns for thair unnaturall, uncristiane and inhumaine robberie and thift, and for that effect that the saidis estaits of parliament wald be pleasit to grant commissioune for searching, seiking, taking and apprehending of the saidis Hew and Williame Wallacis and thair associats and complices and presenting them befoir the saids estaits of parliament or thair committies for tryell and examinatioun of the foirsaid cryme; and sicklyk that the saids estaits of parliament wald grant warrand to summond witnesses and for searching for the suplicant's evidents and uther writs stolline and takin away by them in maner and at lenth speit in the said suplicatioun. Qhuairwith the saids estaits of parliament being fullie advysit and seriouslie pondering the foirsaids cryms, unnaturall deids [and] inhumaine misdemeanors of the foirsaids persouns in such a tyme of light and for a previous tryell therof, that the cheiff actors and all who have beine airt and pairt therof may be brought to exact tryell and condigne punishment befoir the cheiff [justice] and his deputs, conforme to the lawis and practices of this kingdome, in terror of uthers, doe heirby ordaine and give powar and comissioun to all shireffis of shyrs, stewarts of stewartries, lords of regalities, thair deputs and baillies, comitties of war of shyrs, magistrats of touns and all uther judgs quhatsumevir to search, seik, tak and apprehend the said Hew and Williame Wallaces, Johne Wallace, callit Long Johne, somtyme lewtenent to the said Williame Wallace, Robert Quhyt, maissone in Air, Williame Goddie, footman to the said Williame Wallace, Jonet Millar, servitrix to the said Hew and to the said Cristiane, Johne Reid in Craigie, Lucia Yewalie, his wyff, Jonet Murdoch in Newtoun Toun and Jonet, Jeane and Heline Wallacis, hir dochters, quherevir they can be fund within the bounds afoirsaid, that course may be takine for thair tryell; and being apprehendit, to secur thair persouns and put them in firmance and with all convenient dilligence to present them to the saids estaits off parliament or thair committies. And sicklyke with powar to the afoirsaid persouns to mak search for the foirsaid writts and evidents quherevir they can be fund within thair bounds afoirsaid, and being fund, to keip and deteane the samyne till such course be takine thairanent as the said parliament or their committies sall think fitt. And the saids estaits of parliament doeth requyr all officers and souldiours to be assisting to the afoirsaid judgis in prosecutioun heirof as they sall be requyrit for that effect, sua being they be no utherwayis imployit in the publict service for the tyme. And the saidis estaits of parliament givs warrand to maissers of arms to summond [...] to compeir befoir the saidis estaits of parliament or thair committies upon the [...] day of [...] to be examined and to beir leill and suthfast witnessing in the said maiter in sua far as they know or shall be spirrit at them undir the paine of rebellioune and putting of them to the horne, with certificatioun if they failzie they shall be denuncit thairto. And the saidis estaits of parliament declairs that this present tryell of the said cryme and inhumaine carriage takin be them is and sall be but prejudice to the said Sir Hew Wallace or to the king's maties advocat for his maties intres or to any persoune having intres in the said maiter to intend and prosecute criminall letters befoir the cheiff justice and his deputt aganis the foirsaidis committers of the saidis cryms or aganis any uther persoune airt or pairt thairof, according to the lawis, acts of parliament and pratique and consuetud of this kingdome; bot this present course of tryell is onlie to bring the saidis cryms to light, that the maiter be maid the moir cleir to the criminall judge to proceid therin.

  1. NAS. PA2/25, f.5r. Back
  2. NAS. PA2/25, f.5r-6r. Back
  3. NAS. PA2/25, f.6r-6v. Back
  4. The remainder of this folio and a third of the next is left blank. Back
  5. NAS. PA2/25, f.7r. Back
  6. NAS. PA2/25, f.7r-7v. Back
  7. 'the same' repeated. Back
  8. NAS. PA2/25, f.7v-8r. Back
  9. 'the' repeated. Back
  10. Sic. Back
  11. NAS. PA2/25, f.8r. Back
Procedure: remit to the marquis of Argyll and others
Reference Williame Wallace of Burnbank contra the laird of Craigie

The estaits of parliament remitts the supplicatioun givine in be Johne Wallace of Burnbank aganis Sir Hew Wallace of Craigie, knight baronet, to heir and sie it fund and declairit that the heritable and irredimable right of the landis conteinit in the supplicatioun, disponit to the supplicant in warrandice, whairin he is allreadie infeft, and the fyve merk land of Langcraige, disponit in warrandice of the landis of Holl Brea Head and coall of Burne Bank, does belong and perteine to the said Williame Wallace of Burnbank, to be considerit be Archibald, lord merques of Argyll, nominat be the nobillmen, Sir Robert Adair of Kinhilt, nominat be the barons, George Porterfeild, provest of Glasgow, nominat be the borrowis, Sir Archibald Johnestoune of Warristoune, knight, clerk of his hienes register, Sir Johne Hop of Craighall, knight, and Maister Alexander Pearsoune, thrie of the senators of the colledge of justice; to whom the saidis estaits of parliament givs full powar to settill and agrie the pairties, to repoirt the differencis, with thair proceidings thairin, to the estaits of parliament or committie of estaits.

  1. NAS. PA2/25, f.5r. Back
  2. NAS. PA2/25, f.5r-6r. Back
  3. NAS. PA2/25, f.6r-6v. Back
  4. The remainder of this folio and a third of the next is left blank. Back
  5. NAS. PA2/25, f.7r. Back
  6. NAS. PA2/25, f.7r-7v. Back
  7. 'the same' repeated. Back
  8. NAS. PA2/25, f.7v-8r. Back
  9. 'the' repeated. Back
  10. Sic. Back
  11. NAS. PA2/25, f.8r. Back
Legislation
Act in favours of the relict and bairns of Captaine McBleane

The estaits of parliament, taking to thair consideratioun the deutifull and faithfull service done and performed to them be Captaine Leiutenent [...] McBleane, and that [he] being killed in thair service, it is incumbent to them in deutie that some cours be takin for his wyff and childrine, thair subsistance, thairfoir they have ordainit and ordanis the sowme of thrie thowsand merks to be payit to the said relict and childrine and that out of the first and readiest of the rent and estait belonging to [...] McKenzie of Ridcastle, quherof the ane halff to the relict and the uther halff to the childrine; and incaice thair be no childrine, the tuo pairt to the relict and the thrid pairt to the father of the said captaine, but prejudice allwayis of the act of the 18 Maii 1649 grantit in favors of Mr Thomas Nicollsone, his maties advocat, and uthers thairinconteinit anent the soums of money dew to them, quhilk sowms of money the saids estaits of parliament ordanis to be first payit out of the said rent and estait.

  1. NAS. PA2/25, f.5r. Back
  2. NAS. PA2/25, f.5r-6r. Back
  3. NAS. PA2/25, f.6r-6v. Back
  4. The remainder of this folio and a third of the next is left blank. Back
  5. NAS. PA2/25, f.7r. Back
  6. NAS. PA2/25, f.7r-7v. Back
  7. 'the same' repeated. Back
  8. NAS. PA2/25, f.7v-8r. Back
  9. 'the' repeated. Back
  10. Sic. Back
  11. NAS. PA2/25, f.8r. Back
Procedure: commission for the trial of John Murdoch
Comissioune for tryell of Johne Murdoch

The estaits of parliament now conveined, having takine to thair consideratioun the suplicatioun givine in to them be the presbitrie of Air, makand mentioun that quher they being verie sensible of the hainous provocatioun aganis God in the land, and especiallie of the abounding of the vile sine of adulterie, for the quhilk, among many uther, the Lord's anger is not turned away bot his hand is streiched out still; and heiring to ther great joy that the saids estaits of parliament, having takine the same to thair consideratioun, wes pleasit to interpose the authoritie of the saids estaits of parliament for the supressing of that sine by declairing it in thair lait act to be capital, and they finding on[e] Johne Murdoch in thair bounds, somtyms in the paroche of Wchiltrie, quadrelapse in the foirsaid sine, for the quhilk he hes bene excommunicat and hes lyne undir the said censur in ane obdured way these tuo yeirs, quho now being apprehendit, is in firmance in the tolbuith of Air; and thairfoir humblie desyring the saids estaits of parliament to issue out ane warrand and commissioune to such persouns as they sould think fitting for his tryell and punishment according to his demerits, as at mair lenth is conteinit in the said suplicatioun. Quhilk being takine in consideratioune be the saids estaits of parliament, they have givine and grantit and be thir presentis givs and grants full power and commissioune to Sir [...] Cuninghame of Cuninghamehead, Sir Hew Campbell of Cesnock, [...] Foulertoun of that ilk, [...] Chalmers of Gadgirth, [...] of Gillmylnscroft, [...], shireff deput of Air, with the magistrats of the said brugh of Air (or to any thrie of the saids gentillmen, with ane of the saids magistrats, as thair quorum) with powar to them to creat all members of court requisit, and to call befoir them the said Johne Murdoch and to put him to a tryell and call ane assys if neid be, and to pronunce sentance according to what shall be fund provine aganis the said Johne; and to cause the said sentance to be deulie put in executioun upon him and to doe everie thing necessar, requisite and which are usuall to be done in sick caises.

  1. NAS. PA2/25, f.5r. Back
  2. NAS. PA2/25, f.5r-6r. Back
  3. NAS. PA2/25, f.6r-6v. Back
  4. The remainder of this folio and a third of the next is left blank. Back
  5. NAS. PA2/25, f.7r. Back
  6. NAS. PA2/25, f.7r-7v. Back
  7. 'the same' repeated. Back
  8. NAS. PA2/25, f.7v-8r. Back
  9. 'the' repeated. Back
  10. Sic. Back
  11. NAS. PA2/25, f.8r. Back
Legislation
Act continuing the maintinance for the month of Junii 1649

The estaits off parliament, having considerit the dangerous postor of affairs in this kingdome, both inrespect of forrane and intestine enemies, and withall perceaving that the desings and attemps of the evill affectit are still to involve this kingdome in new troubls, and being obliged in the dischairge of the trust committit to them to tak cair of the saiftie of the kingdome, as they resolve for them selffis to use all laufull wayis and peacable menis to prevent these dangers, so they have thought fitt to prorogat and continow the monthlie maintinance as the samyne wes impoised upon the kingdome for the months of Mairch, Apryle last and Maii instant for the space of a month eftir the said month of Maii instant, viz: for the month of Junii 1649; and thairfoir statuts and ordanis that ilk brugh and shyr within this kingdome are and shall be lyable and obliged in payment of the particular sowms of money as they wer oblidged in the former act of maintinance maid upon the sevint of March last 1649, and that betuixt and the [...] day of the said month of Junii, and ordanis thesamyne to be payit to Sir James Stewart of Kirkfeild, knyght, provest of Edinburgh, thesaurer of the armie and collector of the said maintinance, and his deputs and subcollectors, and that the sowms to be payit be the severall shyrs and brughs be the lyk sowms as wes payit for ane month of the saids former thrie months. For the bettir imbringing and collecting whairof, the saidis estaits of parliament allows to the said collector of the maintinance and clerk of collectioune appointit by him the same allowance they had formerlie, and sicklyk to all collectors and deputs and clerks, ane or mae in each shyr, to be nominat be the committee of war thairof betuixt and the [...] day of Junii nixt, with such fies as the committies of shyrs sall allow, not exceiding the former allowance; which collectors deputs sall find sufficient catioun to the collector generall. Quhairin if the committies of war sall faill, the generall collector eftir the day foirsaid to appoint his awine subcollectors in these shyrs who shall happin to faill to nominat and find securitie. And ordanis the saids subcollectors to be comptable and letters, chairges and all executiouns to follow upon this act for payment of the saids months maintinance with the same way for puting in executioun aganis deficients, and the debtors to have the same retentioun from creditors, and the same persouns to have exemptioune from payment of the saids months maintinance as is continit in the said act of Mairch last; and dischairge any suspensioune to be grantit without consignatioun in maner mentionat in the said former act of the sevint of Mairch last, and ordanis all heritors within brughs, pendicls and liberties thairof to contribut with them for payment of the maintinance, as is continit in the act of the 27 of Februarii [1645]. And ordanis the same cours to be takine anenentthe payment of maintinance for landis and teinds as they lye locallie in shyrs and brughs, and declairs and grants the same privilledgis to the lords of sessioun and grants the same power anent the publict moneys of loane, taxt, bygane maintinance, tent and tuentie pennies borrowed moneys restand unpayit or uncomptit for, and gives the same power to the respective committies of war of shyrs to tak tryell therof and to mak report therof to the parliament. And dischairgs any heritors from exacting any pairt of thair maintinance from thair tenents except upon heiring of both pairties befoir the committies of war of the severall shyrs, as is mentionat and continit anent those haill particulars in the said former act of the sevint of Mairch 1649.

  1. NAS. PA2/25, f.5r. Back
  2. NAS. PA2/25, f.5r-6r. Back
  3. NAS. PA2/25, f.6r-6v. Back
  4. The remainder of this folio and a third of the next is left blank. Back
  5. NAS. PA2/25, f.7r. Back
  6. NAS. PA2/25, f.7r-7v. Back
  7. 'the same' repeated. Back
  8. NAS. PA2/25, f.7v-8r. Back
  9. 'the' repeated. Back
  10. Sic. Back
  11. NAS. PA2/25, f.8r. Back
Act anent the tyme of payment of the officers of troups laitlie levied

The estaits of parliament now presentlie conveined hes ordainit and ordanis the officers of the lait levied troups, thair pay, to begine upon the 16 day of Mairch lastbypast 1649, quhilk is appointit to be the first day of thair pay; and this rule to be keipit be the generall commissar for the saids haill officers of the saids haill levied troups.

  1. NAS. PA2/25, f.5r. Back
  2. NAS. PA2/25, f.5r-6r. Back
  3. NAS. PA2/25, f.6r-6v. Back
  4. The remainder of this folio and a third of the next is left blank. Back
  5. NAS. PA2/25, f.7r. Back
  6. NAS. PA2/25, f.7r-7v. Back
  7. 'the same' repeated. Back
  8. NAS. PA2/25, f.7v-8r. Back
  9. 'the' repeated. Back
  10. Sic. Back
  11. NAS. PA2/25, f.8r. Back