[1649/5/281]*[print] [email] [cite] [preceding] [following]
Prayers said, rollis callit.
The quhilk day the estaits of parliament grants commissione for tryell and putting to executioun certaine persounis guiltie of the cryme of witchcraft according to thair depositiouns subscryvit be the ministers and elders within the parish of Dalgatie.
[1649/5/282]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking into thair consideratioun the desyr and supplicatioun of James, erle of Abircorne, titular of the teinds of the parochine of Kilpatrik, and Mr Harie Sempill, Mr Allane Fergussoun and Hew Crawfurd of Cloberhill, commissiouners of the presbitrie of Dumbartan, within the quhilk presbitrie the said parochine doeth lye, and having warrand from Mr Mathew Ramsay, present minister of the said kirk, schewing that quhairas by decreit of the commissiouners for plantatioun of kirks the saidis kirks is provydit to sex chalders of meill and tua chalders of bear and fourtie pundis yeirlie for the comunione elements, as the said decreit of the dait the [...] day of [...] the yeir of God jM vjC and [...] yeirs in the selff at mair lenth proportis; and quhairas yit thair is not any localitie givin to the minister of the said stipend, which hes bred severall contests betuixt the former ministers and the titular for payment of the said stipend, as thair is presentlie betuixt the presbitrie and him for tua yeirs byrune stipends of the said kirk, he offering to give† [valid]† heritors for payment thairof and they refuising to accept the same till it be legallie and judiciallie givine them as a locallitie, and that the saids supplicants, for taking away the present contraversie and to prevent the lyk in tymecoming, are all unanimouslie willing, the one to give and the uther to accept a localitie, which cannot now be done inregaird thair is no commissioun for plantatioun of kirks now sitting. Thairfoir the saidis supplicants does humblie desyr the saids estaits of parliament to interpose thair authoritie for approving the localitie heirwith givin in and subscryvit be both the pairties, that it may stand for a localitie in all tyme heireftir according to the ordinance of the foirsaid decreit, which will be ane readie meane for the present payment of all byruns and securitie to the ministers in tyme heireftir, as at mair lenth is conteinit in the said supplicatioun. Thairfoir the saids estaits of parliament have ratified and approvin and doe heirby ratifie and approve the localitie of the minister, his stipend of the kirk of Kilpatrik, whairof the tennor followis: Imprimis out of the laird of Lusse, his landis of the baronie of Garscube, Colquhoun, Dunnerbock and Auchintourlie, with thair pertinents: thrie chalders, sex bollis, tua firlets, ane peck, thrie fyft pairt peck meill and ane chalder, thrie bolls, half peck, thrid pairt peck and fyft pairt peck bear. Item, out of Sir William Hamiltoune of Erlistoun, his landis of Wester Kilpatrik: ane chalder meill and four bolls bear. Item, out of Johne Colquhoun, his half landis of Mylntoune: thrie bollis meill and tua bollis bear. Item, out of Walter Colquhoun, his tua thrid pairts of the landis of Barnhill: tua bollis meill, ane boll, firlet, ane peck and thrid peck bear. Item, out of Williame Johnstoun, his tuentie fyve shilling land of Auchinleck: thrie firlats of meill and tua firlats of bear. Item, out of Patrik Brysoune, his tuelff shilling, sex penny land thair: ane firlat, tua pecks meill and ane firlat bear. Item, out of Walter Logan, his landis of Spittell of Tambowie: ane boll, tua firlats, ane peck and thrie fyft pairts peck meill. Item, out of Johne Stark of Killermount, his landis of Killearmount: thrie bollis bear. Item, out of Johne Balloch, his landis of Temple of Polieclayre: ane boll, tua firlats meill, ane firlat, tua pecks bear. Item, out of the laird of Lauchop, his ten pund land of Craigtoun, Tombowie and Careddin: tua bollis meill and four bollis bear. Item, out of Kilmahew, his landis of Laid Cameloche: tua bollis bear; and out of his landis of Mayns and Litill Bavie: fourtein bollis meill, ane boll, tua firlats, ane peck, half pairt peck, thrid pairt peck, half thrid pairt peck and tua fyft pairts peck bear; quhilks extends in haill to fyve chalders, fyftine bolls, thrie firlats, ane peck and fyft pairts peck meill, and tua chalders, sex bolls, tua pecks, four fyft pairts peck bear, the which tua pecks, four fyft pairts peck bear is in place of so much inlaiking of the maill. Which localitie abonewrittin, whairinto the ministers entrie is to be and begin this instant yeir of God 1649, the said James, erle of Abircorne and the commissiouners abonenamit, in testimonie of thair mutuall agriement to give and accept the same respective, they have subscryvit the same with thair handis, writtin be Mr Johne Algoe, writer in Edinburgh, att the Cannogat the tuentie thrid day of Julii the yeir of God jM vjC fourtie nyne yeirs, befoir thir witness, viz: to the subscriptioun of the said James, erle of Abircorne Sir Alexander Hamiltoun, his brother german, Robert Fork, shireff clerk of Ranfrew, and the said Mr Johne Algoe; and to the commissiouners, thair subscriptiouns, the saids Robert Fork and Mr Johne Algo. And the saidis estaits of parliament ordanis the foirsaid locallitie to stand for the cropt and yeir of God 1649 and in heireftir and to be ane rule for payment of byrunes conforme to the foirsaid ordinance and decreit of the commissiouners of plantatioun of kirks, and, if neid beis, ordanis letteres of horning and uthers neidfull to be direct against the foirsaidis persouns in form as affeirs.
[1649/5/283]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considerit the supplicatioun givin in to them be the lairds of Glenurquhie, schewing that quhair the saids estaits of parliament [thought fit] to pase ane act in thair favors and in behalf of the laird of Auchinbreck in the former sessioun of parliament of the soume of ane hundreth thowsand pundis Scottis, and that for the bettir preserving thair estaits from present ruine, in which act thair is ane clause ommited, viz: that the said soume sall be advancit be the publict to them and that proportionablie according to the proportioun of thair loses and burdings lying on them and thair estaits, notwithstanding the minuts of parliament beirs that the said soume shall be equallie devydit betuixt the said laird of Auchinbreck and them, quhilk wer verie disproportionable and unjust, the laird of Auchinbreck having offered alreadie to accept of the thrid thairof for his pairt of the whole foirsaid, thair being so great inequalitie betuixt thair burdings and loses as said is. Thairfoir humblie supplicating the said estaits of parliament to give ordor and command to amend the said minute and cause draw it so that they may receave thair proportioun thairof according to thair burdings and loses as said is, conforme to the report of the committie appointed for that effect, whairof Sir Charles Erskine and Patrik Ross wer members, who can easelie cleir this poynt, as at mair lenth is conteinit in the said supplicatioun. Quhilk being takin into consideratioun be the saidis estaits of parliament, they have ordainit and doe ordaine the tuo pairt of ane hundreth thousand pundis Scottis appointed by ane former act of parliament to be payit to the lairds of Glenurquhie and Auchinbreck to belong to the lairds of Glenurquhie and the uther thrid pairt of the said soume to belong to the said laird of Auchinbreck, and that notwithstanding of the former act of parliament quherby the saidis soume is equallie devydit amongst them.
[1649/5/284]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considerit the supplicatioun givin in to them be the lairds of Glenurquhie, schewing that quhair, in respect of thair insuportable distressis sustained in the publict service, they are necessitat to supplicat the saidis estaits of parliament and committies thairof to grant protectioun to them for libertie and securitie to thair persouns for repairing to Edinburgh and other places necessar for transacting with thair creditors and prosequting thair laufull affairs, which the saidis estaits of parliament wes pleasit to give the last, whairof does expire upon Tuesday nixt, the last of Julii instant, bot thair pressing deficulties are so many and great that they could not in tyme settle thair affairs; thairfoir they earnestlie intreat the saids estaits of parliament to prorogat thair said protectioun till the tuentie of August nixt to the effect foirsaid, as the said supplicatioun at mair lenth proports. Quhilk being takin into consideratioun be the saids estaits of parliament, they have prorogat the former protectioun to the lairds of Glenurquhy, elder and younger, till the tuentie of August nixt, giving and granting to them or aither of them frie licence, libertie and protectioun to repair saiflie to this toune of Edinburgh and uther places in brugh and landwart for doeing of ther laufull affairs during the said space, dischairging heirby all shireffis, stewarts, lords, bailyies of regalities and thair deputs, magistrats of touns, justices of peace, messingers of arms and all uther judges [and] persons quhatsoevir to trouble, to mollest or apprehend or incarcerat [and] arreist the saidis persouns be vertew of whatsumever letteres of horning or captioun raised or to be raised at the instance of the saidis creditors or any of them or any having ryght from them, and that notwithstanding thairof during the said space.
[1649/5/285]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considderit the supplicatioun givine in to them be the noblmen, gentill men and heritors of the shirefdome of Stirling, schewing that quhairas be act of parliament of the dait the [...] day of the [...] yeir of God jM vjC fourtie [...] yeirs, the saids estaits of parliament wes pleasit to ishew furth commissiounes throw the whole kingdome for revaluatioun of the same and that in consideratioun of the great vastatioun thairof be brunt and waistit landis; and that notwithstanding thairof the saidis estaits of parliament in anno 1647, taking into consideratioun the hard esteat of that shyr inregaird of the daylie wasting and distructioun that the same is subject wnto be the incursioun of brokin men and the daylie quarterings of transient regiments of horse and foot, whairby it is notorlie knowine they are totallie rwinit and that the most pairt of the shyre in the west end since the leat rebellioun of James Grahame hes nevir bein possessed, did thairfoir grant them suspensioun; naither yit have they had any reparatioun of thair lossis, which are knowine to have bein verie great, nor satisfactioun for thair transient quarterings, which ever since the begining of thir troubls wold have exceidit the double of thair mantinance; lykas they have had ane leavie consisting of ane thousand foot and sexscoir of horses, moir nor any uther pairt in the kingdome; notwithstanding of which sufferings they are so far from obtaining recompence that the transcient quarterings of thair shyr are refuisit to be allowit to them, quhilk hes not bein refuisit to uther shyrs of the kingdome; and now since the saids estaits of parliament are to adhere to the rents conforme to the valuatiouns maid in anno 1643, thairfoir humblie desyring the saids estaits of parliament that for the resouns befoir speit they wold declair the said mantinance of the said shyr may be imposit as it is for the present valued without any additioun, and the former suspendit mantinance may be continowed as it wes suspendit; and that the saids estats wold ordaine the generall commissar to reteane thair quarterings and allow the samyne in thair mantinance for the moneth of Julii last, as the said supplicatioun moir fullie proportis. Quhilk being takin into consideratioun be the saids estaits of parliament, they have ordainit and ordainis the generall commissar to receave the quarterings to be offered be the said shyr and allow the same in the first end of thair mantinance, and declairs the saidis quarterings to be a publict debt restand be the said shyr towards the payment thairof. It is statut and ordainit they shall have retentioun of any mantinance restand befoir Junii and not assigned.
[1649/5/286]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having takine to thair consideratioun the report of the depositiouns of all the witnesses alreadie receavit be the committie appointed be the parliament and Mr Alexander Colvill, justice deput, in the criminall persute at the instance of Sir Hew Wallace of Craigie against Dame Christiane Pringill, Hendrie Wallace, baillie in Newtoune of Air, Jonet Murdoch thair and severall uther persouns contenit thairin as principall factors and resetters, and heaving seine the report of the depositiouns and the samyne being red in plaine parliament, thairfoir the saids estaits of parliament, eftir dew consideratioun of the depositiouns of the report, finds nothing provine against Hendrie Wallace, baillie in Newtoune of Air, Jonet Murdoch ther, Jeane Wallace ther, Richard Slose, merchand in Air, Johne Kennedie thair, Johne Adamesone ther, James Adamsone thair, Johne Reed in Craigie, Jonet Miller and† Dame Cristiane Pringill, spous to Hew Wallace of Craigie, younger, and thairfoir the saids estaits ordanis the justice deputs to asolyie them and dimisse them to thair awine homes, and remitts the modificatioun of ther expenses to the saids justice deputs.
[1649/5/287]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considerit the supplicatioun givin in be Charles, erle of Dumfermling, schewing that quhair, conform to ane act of parliament daitit the second day of Mairch last, his landis and fishings in the shirefdomes of Abirdeene and Elgin are exemped from mantinance and leavies inrespect of the great sufferings and devastatioun of the samyne is notorlie knowin, so as thir fyve yeirs bygane he hes not gottin any benefeit of his said estait in these tua shyrs; and inrespect of the singular conditioune of the said supplicant, the foirsaid warrand and act for his exemptioun wes past in plaine parliament upon certaine knowledge of his singular conditioun and sufferings of his landis and tennents, and that the parliament wes so cairfull not to grant the same bot upon certaine tryell takine of the bygane sufferings and present conditioun of his said estait, quhilk tryell accordinglie wes takine be the committie of war of the said respective shyrs of Abirdeine and Murray. And now sieing the saidis estaits of parliament are about the satling of the mantinance and declairing thair pleasor anent what landis and persouns sall be exeimed from mantinance and leavies, he is fullie considerit that the saids estaits by any generall act dischairging exemptiouns will not cut away his foirsaid exemptioun whilk wes grantit be the saids estaits upon just grounds. Thairfoir humblie desyring the saids estaits of parliament to have consideratioun of the premises and that they wold be pleasit to ratifie his saids acts of exemptioun and to declair the samyne to be effectuall and to stand notwithstanding of any generall act dischairging exemptiouns, sieing his said estait in the north is so ruined and maid unproffitable. Quhilk being takin into consideratioun be the saidis estaits of parliament, they have ratified and approvin and be thir presentis ratifies and approvis the former act of exemptioun of the dait the second day of Mairch last maid in favors of the said Charles, erle of Dumfermling and declairs the samyne to be effectuall and to stand untill the first of Julii last notwithstanding of any generall act dischairging exemptiouns; and dischairgs all collectors, officers and uther persouns to trouble the supplicant's lands or tennents within the saids shyrs of Aberdein and Elgine for any mantinance or teinds preceiding the said first day of Julii; and declairs the said respective shyrs of Abirdeine and Elgine frie of the supplicant's proportioun of mantinance or leavies accordinglie.
[1649/5/288]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having considerit ane report of the committie appointit to cast up the exact monthlie proportioun of each shyr of the kingdome for payment of the mantinance according to the respective valuatiouns approvin be the parliament, they have ordainit and ordanis the form and table eftirfollowing to be ane rule for payment of the monethlie mantinance be the severall shyrs of this kingdome untill the first day of November nixt and ay and whill new valuatiounes sall be brought in and compared according to the directiouns to be subscryvit be the parliament. Followis the form and table: the valued rent of the shyr of Orknay and Zetland extends to 90,980 lib., the mantinance per mensem extends to 1,624 lib. 08 s. 03 d.; the valued rent of the shyr of Innernes and Ross etc. extends to 231,660 lib., the mantinance per mensem 4,136 lib. 2 s.; the valued rent of the shyr of Caitnes extends to 40,600 lib., the mantinance per mensem 724 lib. 7 s. ij d.; Cromartie, the valued rent thairof extends to 4,800 lib., the mantinance per mensem 85 lib. 14 s.; the valued rent of the shyre of Sutherland is 24,600 lib., the mantinance per mensem is 439 lib. 4 s. 5 d.; the valued rent of the shyr of Nairne is 24,000 lib., the mantinance per mensem is 413 lib. 00 [s.] 2 d.; the shyr of Elgin, the valued rent thairof 90,200 lib., the mantinance per mensem in 1,610 lib. 8 s. ij [d.]; the valued rent of the shyr of Aberdeine is 313,000 lib., the mantinance per mensem is 5,588 lib. 7 s. 1 d.; the valued rent of the shyr of Bamff is 93,500 [lib.], the mantinance is 1,669 [lib.] 8 s. 1 d.; the valued rent of the shyr of Mearns is 75,000 lib., the mantinance per mensem is 1,339 lib. 2 s.; the valued rent of the shyr of Forfar is 266,000 lib., the mantinance per mensem is 4,749 lib. 4 s. 8 [d.]; the valued rent of the shyr of Perth is 384,000 lib. and payis of mantinance per mensem 6,856 [lib.] 00 [s.] 8 d.; the valued rent of the shyr of Fyff is 475,700 lib., the mantinance therof per mensem 8,493 lib. 5 s. 6 d.; the valued rent of the shyr of Kinros is 12,240 lib., the mantinance thairof per mensem is 218 lib.; the valued rent of the shyr of Stirling is 151,000 [lib.], the mantinance per mensem is 2,696 lib. 0 [s.] 1 d.; the valued rent of the shyr of Clakmanane is 47,800 lib., the mantinance per mensem is 853 lib. 9 s.; the valued rent of the shyr of Linlithgow 110,720 lib., the mantinance per mensem is 1,976 lib. 16 s. 3 d.; the valued rent of the shyr of Edinbrugh is 301,980 lib., the mantinance per mensem is 5,391 lib. 12 s. 5 d.; the valued rent of the shyr of Haddingtoun is 274,700 lib., the mantinance is 4,904 [lib.] 10 s. 11 d.; the valued rent of the shyr of Bervick is 280,720 lib., the mantinance per mensem is 5,012 lib. 1 s. 1 d.; the valued rent of the shyr of Roxburt is 319,400 lib., the mantinance per mensem is 5,702 lib. 12 s. 7 d.; the valued rent of the shyr of Selkirk is 319,400 lib., the mantinance per mensem is 1,430 lib.; the valued rent of the shyr of Peibles is 82,000 lib., the mantinance per mensem is 1,464 [lib.] 1 s. 6 d.; the valued rent of the shyr of Lanerk is 196,240 lib., the mantinance per mensem is 3,503 lib. 14 s.; the valued rent of the shyr of Air is 291,000 lib., the mantinance per mensem is 5,195 lib. 12 s. 1 d.; the valued rent of the shyre of Drumfreis 245,820 lib., the mantinance thairof per mensem is 4,388 lib. 18 s. 7 d.; the valued rent of the shyr of Wigtoun and stewartrie [of Kirkcudbright] 232,000 lib., the mantinance per mensem 4,142 lib. 2 s. 6 d.; the shyr of Ranfrew, the valued rent thairof 97,000 lib., the mantinance per mensem 1,731 lib. 17 s. 1 d.; the valued rent of the shyr of Dumbartane 49,430 lib., the mantinance per mensem is 882 lib.; the shyre of Argyll, the valued rent thairof is 133,500 lib., the mantinance per mensem 2,383 lib. 11 s. 9 d.; the valued rent of the shyr of Bute, 22,000 lib., the mantinance thairof per mensem is 392 lib. 16 s.
[1649/5/289]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, notwithstanding that by† the printed act of parliament it is appointed that the severall presbitries present lists of the commissiouners for hearing the grivancis of tennants oppressed by thair maisters in each shyr, doeth yit now upon further consideratioun ordaine that the present commissiouners of the generall assemblie, with joynt consent of the commissiouners of shyrs now in parliament, shall draw up and present the lists of the foirsaids commissiouners to the saidis estaits of parliament.
[1649/5/290]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, considering that James, erle of Home is necessitat to repair to this toune of Edinburgh for performing of certaine urgent effairs, conform to his earnest desyr, and being for the present confyned within the castle of Home for not subscryving the band presentit to him be the committie of estaits, he cannot repair hither without libertie grantit to him be the parliament, thairfoir the saids estaits have givin and grantit and be thir presents givs and grants warrand and licence to the said James, erle of Home to repair to Edinburgh or els whair for doeing of his laufull affairs till the ellevint day of August nixt, at which tyme he is ordainit to repair to the place of his confynment, conform to the act of the committie of estaits in December last.
[1649/5/291]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking into consideratioun ane supplicatioun givin in to them be Kathrine Finlay, relict of umquhile Liutennent Johne Swyne, schewing that quheras shoe having supplicat the saids estaits of parliament for payment to hir and hir faitherles childrine of the soume of four hundreth and tuentie punds restand for sevine months arrearis to hir said umquhill husband the tyme of his deceis, wha wes killed in the publict service at Kilsyth, the saids estaits did recommend hir to the committie of moneys to tak some effectuall course for payment to hir thairof, quherupon the said committie did grant precept to hir upon the generall commissar for payment making of the foirsaid soume of four hundreth and tuentie pundis, as the samyne precept of the 12 of Julii instant heirwith present can testifie. Notwithstanding of the quhilk precept, Sir James Stewart, generall commissar, absolutlie refuises to mak payment to hir therof inrespect the precept beirs but prejudice of the payment of the army and thar [uthir] incident chairgis, and sieing the arrears dew to hir said umquhile husband wes for the tyme a debt dew to the army then on foot, and in respect of hir great necessitie with his fatherles childrine, thairfoir humblie supplicating the saids estaits of parliament to commisserat hir conditioun and to ordaine the committie of moneys to grant ane absolute precept to hir for payment of the foirsaid soume of four hundreth and tuentie punds upon the generall commissar, that shoe may be preferreit therby befoir the payment of the army or uther incident chairgis in respect of hir and hir fatherles childrine, thair distrest conditioune, as the said supplicatioun at mair lenth proports. Quhilk being takin in consideratioun be the saids estaits of parliament, they find that the said soume of four hundreth and tuentie pundis dew to umquhile Liutenent Johne Swyne, husband to the said Kathrine Findlay, the tyme of his deceis, as his arreirs payable to him; thairfoir, and inrespect of the said Kathrine Finlay and [hir] fatherles childrine, ther great necessitie, they have ordainit and ordanis the committie of money to draw ane precept upon the generall commissar for payment to hir of the foirsaid soume of four hundreth and tuentie pundis and to grant hir preference therby befoir the payment of the army or uther incident chairgis.
[1649/5/292]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, [having] hard and considerit ane supplicatioun givine in to them be Alexander Ogilvie, writer in Edinburgh, schewing that quher it is evident that in all acts of mantinance and uther acts maid at the impositioun of any commoune burding upon the kingdome all mortificatiouns are excepted and declairit to be frie, and sieing he hes mortified and disponit to the minister, elders and deacons present and [to] come of the paroche kirk of Keith, in name and behalf and to the use and behove of the schollmaster at the said kirk for building and upholding of ane schoole and† mantaining of ane scholemaster thairat in all tyme coming, all and haill his saids landis of Auchindaich, with the mylne, mylnelandis, multors, houses, biggings and pertinents thairof, lyand within the parochine of Keith, regalitie of Spynie and shirefdome of Bamff, as the mortificatioun past under his maties privie seall beirs, thairfoir humblie supplicating the saids estaits of parliament that he may have ane act and warrand exempting the foirsaidis lands, mylne and uthers abonespeit and that the tennents thairof may be frie from all quarterings and from payment of monthlie mantinance or putting out of souldiours and uther comoune burdings quhatsumevir in tyme coming as uther mortificatiouns are, sieing the same is mortified ad pios usus as said is, as the said supplicatioun bears. Quhilk, with the report of the committie of bills thairanent, being takin into consideratioun be the saidis estaits of parliament, they find be the report of the said committie that the supplicant, his landis of Auchindaik, are mortified to the ministers and elders for the behove and use of the schoolemaster of Keith lyand within the shyr of Bamff, conforme to ane mortificatioun undir his hienes great seall and uther instructiouns seine be the said committie. Thairfoir the saidis estaits of parliament have exempted and exemptis the saidis landis of Auchindaich, with the mylne, mylnlandis and pertinents, from payment of all mentinance, quarterings, leavies and all uther publict dews in all tyme coming as any uther mortified landis within this kingdome, and dischairges collectors, officers or souldiours to trouble the saides landis or tenents for any payment of any publict dewis in all tyme coming as said is, and declairs the shyr of Bamff to be liberat pro tanto from mantinance, quarterings, leavis and uther publict dews as is abonewrittin.