Legislation
Act in favors of the Lord Ogilvie

The estaits of parliament, taking into ther [consideratioun] the suplicatioun givine in to them be Johne Ogilvie of Balfour, in name of James, lord Ogilvie etc. and as having commissioun from him to the effect eftirspeit, schewing that quhair the said James, lord Ogilvie is latlie cited be vertew of ane warrand directit furth aganis him from the generall assemblie presentlie conveined at Edinburgh to appeir personallie befoir them for giveing obedience and satisfactioun to such propositiouns and injunctiouns as shall be laid to his chairge be the breithrine and members of the said assemblie, and inrespect of diverse and sundrie civill bussiness and particular actiouns quherintill the said James, lord Ogilvie is concernit and he cannot without hazard of imprisonment of his persone repair to Edinburgh for giveing such obedience and satisfactioun to the said reverend assemblie as he maist willinglie wold, he hes givine to him ane particular commissioun to suplicat the saidis estaits of parliament in maner and to the effect eftirspeit, as the said commissioun producit with the said suplicatioun beirs. Thairfoir humblie suplicating the saidis estaits of parliament, in name and behalff of the said James, lord Ogilvie, to grant ane particular warrand to him to pass and repass to and fra the said toune of Edinburgh without troubling, apprehending, incarcerating or imprissoning of his persoune for whatsumever cause or debt, to the effect the said James, lord Ogilvie may appeir befoir the brethrine and members of the said reverend assemblie and give obedience and satisfactioun in maner foirsaid, and thaireftir repass home without trouble or impediment of his persone as said is, as at mair lenth is conteinit in the said suplicatioun. Quhilk being takin in consideratioun be the saidis estaits of parliament, they have givine and grantit full powar and warrand to the said James, lord Ogilvie to pass and repass to and fra the toune of Edinburgh without troubling or apprehending, incarcerating or imprissouning of his persoun for whatsumever caus or debt and that till he have perfytit his bussines with the generall assemblie and be dismist be them and farder during the space of full eight dayis compleit, to the effect the said James, lord Ogilvie may appeir befoir the breithrine and members of the generall assemblie and give obedience and satisfactioun in maner foirsaid and thaireftir pass home without trouble or apprehending of his persone.

  1. NAS. PA2/25, f.102v-103r. Back
  2. NAS. PA2/25, f.103r-104v. Back
  3. 'allreadie' repeated. Back
Act in favors of Captaine Robert Hall

The estaits of parliament, having hard and considerit the suplicatioun givine in to them be Captaine Robert Hall, skipper in Leith, schewing that quhair he having purchast ane warrand fra the saids estaits of parliament to Sir James Stewart, provest of Edinburgh and generall commissar, for payment to him of tua thousand pundis as ane pairt of the soume of sex thousand pundis Scottis fund dew be the saidis estaits to him for his service in the publict, quhilk warrand he having presentit to the said Sir James Stewart, he declairit he wes willing to have givine him satisfactioun provyding that the first tuo thousand pundis that came in of lent money might be ordained to be delyvered to him towards the payment of the said soume. Thairfoir humblie suplicating that the saidis estaits of parliament wold be pleasit to consider how long he hes attendit and hes bein postponed in this bussines, and that the saidis estaits wold be pleasit to grant the foirsaid warrand that of the first lent moneys that belongis to the publict, the said soume of tua thousand pundis thairof may be assignit to the said Sir James, he giveing him present satisfaction for the soume for the suplieing of his present urgent necessities, as the said suplicatioun bears. Quhilk being takin in consideratioun be the saides estaits of parliament, they have givine and grantit and givs and grants warrand and command to the committie of moneys to appoint and assigne to the said Sir James Stewart, generall commissar, the soume of tua thousand pundis Scottis out of the first and readiest of any borrowit moneys belonging to the publict, and the said Sir James giveing present satisfactioun for the lyk soume to Captaine Robert Hall.

  1. NAS. PA2/25, f.102v-103r. Back
  2. NAS. PA2/25, f.103r-104v. Back
  3. 'allreadie' repeated. Back
Act in favors of Sir Johne Smith

The estaits of parliament, now presentlie conveined in this thrid sessioun of the second trienniall parliament, taking to thair consideratioun ane suplicatioun givin in to them be Sir Johne Smith of Grottall, knyght, makand mentioun that quheras the said Sir Johne Smith hes advanced and payit out of his awine proper means in anno 1641 and 1642 yeirs by publict ordors and warrands for publict use in Londone and heir in this countrie for the Irish expeditioun and utherwayis, quhilk extends in all at Witsonday last to the soume of fourtie sex thousand, eight hundreth threttie thrie pundis, aught shillings, four pennys Scottis money, for payment quherof the said supplicant gote commission to receave so much of the brotherlie assistance payable at Lambes 1642 as wold have compleitlie satisfied him of his saidis debtis, and eftir that, by great pains and expenses and long attendance be him at Londone, he had with great deficultie purchest payment of so much of the brotherlie assistance as wold have satisfied him of his saidis haill soums. And having borne the sea hazard of the saidis moneyis eftir he had brought them to Leith, it pleasit the commissiounars of the commoune burdings to cause apply the samyne towards the releif of those who had lent money quhen our army wes at a stand at Hirsillaw and for supplie of Sir Williame Dick and towards the payment of necessar annuellrentis of the kingdome. Lykwayis during our armys being at and neir Newcastle in anno 1640 and 1641 the said suplicant did cause receave and hold compt, remitt and send in bills of exchange and in specie abone four hundreth thousand pundis sterling, for the which he nevir receavit any thing, the allowance whairof as hes bein payit in things of this natur wold have extendit to abone sex thousand pundis sterling. And howbeit the lyeing out of the foirsaidis great soumes so many yeirs bygane hes bein to the said suplicant grievous and hurtfull and hes much waikned his estait, yit out of his affectioun to the publict and finding the dificultie thairof to increase, he hes bein silent with great patience all thir yeirs bygane till now he is forcit, for preveining of greater inconvenience upon his privat fortoun, to lay oppin and represent to the saids estaits of parliament his hard conditioun and great sufferings foirsaidis, being confident [they will] regaird and redres the same, and so much the raither becaus of his long patience undir so great a burding. Thairfoir creaving humblie that the saidis estaits of parliament wold be pleasit seriouslie to tak the premises to heart and to tak some present and speidie course for his satisfieing of his great and just debts least his affectioun and reall advancments to the publict be a meins to ruine and hurt his fortune and estait, and as concerning the foirsaid soume of sex thousand pund starling due to him for receaving and delyvering of the said four hundreth thousand pund starling, and for his great toyle and fashrie thairin, for the which he receavit no satisfactioun, and does humblie remitt the consideratioun thairof to the honor and justice of the saids estaits of parliament, as at mair lenth is conteined in the said suplicatioun. Quhilk being red in presens of the saids estaits of parliament and thaireftir remitted be them to ane sellect committie of parliament, to heir and sie the particulars conteinit in the said suplicatioun and uther soums givine out be publict ordors instructed befoir thame, and to report thair oppinione thairanent and how some effectuall course might be takine for satisfieing the samyne, lykas the foirsaid sellect committie, having, according to the ordor of parliament, mett and thaireftir givine in thair report to the saids estaits of parliament, whairin they, eftir examinatioun and considdering of the said accompt givin in be the said Sir Johne Smith of the money auchtand to him be the estaits of this kingdome and eftir exact tryell thairof, fand that thair is due to the said Sir Johne at the terme of Witsonday last 1649 the soume of fourtie sex thousand, eight hundreth threttie thrie punds, eight shillings, four pennys, conforme to the particular compt thairof givin in and cleirlie instructit, quhilk soume of fourtie sex thousand, eight hundreth threttie thrie pundis, eight shillings, four pennys in thair opinioune ought to be declairit ane publict debt and that annuellrent aucht to be due thairfoir fra Witsonday last 1649 till the samyne be payit; and this by and attor any soums quhilk are to be allowed to him for his receaving and remitting from Londone to Newcastle of the said four hundreth thousand pundis starling in anno 1640 and 1641 as wes done to uthers in the lyk imployment. And lykwayis the said sellect committie having givin in thair opinion anent the way of payment of the saids soums, bearing that be ane act of parliament of the sevint day of Mairch last that it is ordainit that thair be additionall excyse put upon wyns, viz: eight pennies upon everie pynt of French wyne, sexteine pennys upon each pynt of seik, Renish wyne and uther wyne of that natur and strong watters importit, and since the said additionall excyse is not yit disposed of for the tuo yeirs following, viz: fra the first of November 1649 to the first of November 1651, that thairfor the saids estaits of parliament wold ordaine the said additionall excyse for this tuo yeir to be applyed for payment of the foirsaidis soums of money restand be the [publict] to the said Sir Johne Smyt as said is, extending to fourtie sex thousand, eight hundreth threttie thrie punds, aucht shillings, four pennys money foirsaid. With the quhilks suplicatioun and report the saids estaits of parliament [being] weill and ryplie advysit, they have ordainit and ordanis the said additionall excyse for these tuo yeirs (being rouped in October nixt) to be applyed for payment of such soums of money as are resting be the publict to Sir James Stewart of Kirkfeild, knicht, provest of Edinbrugh, and for payment to the said Sir Johne Smith of the foirsaid soume of fourtie sex thousand, eight hundreth threttie thrie pundis, aucht shillings, four pennys auchtand to him in maner foirsaid and sufficientlie instructed be him in maner abonewrittin equallie betuixt them in sua far as the samyne will extend to. And if aither of them shall offer most for the said additionall excyse and gett taks thairof, ordanis the takismen to give sufficient suretie to the uther for payment of the just equall halff of the tak dewtie, and to reteine the uther halff to himselff. And if any uther shall happin to tak the samyne be offering moir thairfoir nor they or any of them, ordanis the suretie for the tak dewtie to be takin in thair names, they or aither of them granting dischairgis to the publict for so much of the soums dew to them as thair pairt of the said tak dewtie sall extend to. And statuts and ordanis the said tak dewtie and benefeit of the said excyse for thes tuo yeirs to be applyed to no uther use inregaird of the great soums of money allreadie auchtand to them and that they have advanced presentlie considerable soums for the use of the publict, quhilks the saids estaits ordanis to be allowed in the first end of the said tak dewtie, with the annuellrent therof till the payment of the samyne. And incaice it shall happine that the seas grow foull by pirattis and unfreinds, quherby comerce be stoped and schips may not goe abroad to bring home wyns and the said excise be not fermed, quherby the said Sir James and Sir Johne may not onlie be frustrat in payment of the great soums of money alreadie due to them bot also lye out of these soums of money which, by command of the parliament, so seasonablie they have presentlie payit out for the pryce of certaine meall according as they shall instruct, it is thairfoir ordainit for remeid thairof that they may have alse much payit them as they gave out now presentlie with the annuellrent therof, and that fra the takismen and collectors of the pettie excyse of the brugh of Edinbrugh and priviledges thairof (not allreadie disponit†for the works of Leith[)] and out of the excyse of Midlouthiane and Eistlothian.

  1. NAS. PA2/25, f.102v-103r. Back
  2. NAS. PA2/25, f.103r-104v. Back
  3. 'allreadie' repeated. Back