[1649/5/317]*[print] [email] [cite] [preceding] [following]
Prayers said, rollis callit.
The quhilk day the laird of Fairnie producit the book of the valuatiounes of Fyff, whilk wes delyverit to Alexander Ogilvie.
[1649/5/318]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking into thair consideratioun ane supplicatioun givine in be Mr Robert Ferquhair of Munie, lait provest of Abirdein, schewing that the supplicant, out of his good affectioun to the publict, being imployed be the estaits of this kingdome in the yeirs of God 1640 and 1641, did be his credit furnish victuall and moneys to them in thair then urgent necessities far above his worth. For satisfactioun to him of ane pairt thairof, in anno 1642 the estaits wer pleasit to grant him ane warrand to receave at Londone from Sir Johne Smith four thousand pund sterling of the brotherlie assistance, which at his large expenses he causit receave thair and brought the samen be sea in on shipe from Londone to Bruntylland, not without great hazard of sea and pirats, and heaving brought the samen saiflie to Bruntylland, it pleasit the estaits to cause tak the money to supplie thair then urgent necessities, to his great greiff, hurt and prejudice, the lyk whairof hes bein done to no uther. Eftir which it pleasit them to grant ane act for payment to him at Witsonday 1643 yeirs of the soume of ane hundreth threttie thrie thousand and aught hundreth pundis Scottis money, and thaireftir, the estaits of parliament conveined at St Androis in anno 1646, taking his sufferings and hard conditioun in consideratioun, he heaving receavit no satisfactioun of principall nor annuell, they wer pleasit to grant him ane act of parliament in his favors for payment of principall and annuells, bot be reassoune of thair burdings and pressing necessities could not then fullie satisfie him. They did onlie assigne him to ane thrid of all fyns and forfaltors of malignants and delinquents be north of [the] wattir of Tay and the half of all borrowit moneys for the use of the publict benorth Taye ay and whill he sould be satisfied of his bygane annuells and the half of the principall soume, notwithstanding of which it pleasit the saids estaits to dispose of the most considerable soumes of fyns and borrowit moneys benorth Tay to other usis, so that the supplicant receavit ane verie small proportioun thairof, not on[e] yeirs rent of his principall soume. Now he heaving receavit so many discuragments and being for the publict brought to the poynt of discredit that hornings, inhibitiouns and comprysings are raisit aganis him for the soums treulie contractit be him for the publict (as is notour to some of the saidis estaits of parliament), thairfoir it is the humble desyr of the said supplicant (who is ashamed daylie to importune and trouble the saides estaits) that now at last they will be pleasit seriouslie to tak to heart his pitifull distrest conditioun for the publict and let some reall and effectuall means be found out for his present releif and satisfactioun, at leist of his bygane annuells and some considerable proportioune of his principall soume and securitie for payment of the rest, that he be not sufferit to sink undir burdeins contractit so willinglie for the good of the publict, as the said supplicatioun bears. Quhilk, with the report of the committie appointit for that effect, being takin into consideratioun be the saidis estaits of parliament, they find be the report of the said committie, eftir inspectioun and cognoscing upon the supplicant's accompt of moneyis dew to him be the publict, that be act of parliament of the 3 of Februariii 1646 thair is dew and adebtit to the said Mr Robert be the estaits of this kingdome at the terme of Mertimes 1645 of principall and annuell rent ane hundreth fiftie nyne thousand, sevine hundreth tuentie fyve punds, sexteine shillings, 8 d., whilk is then declaired be the said act to be a publict debt beiring annuell rents, and that the annuell rent thairfoir fra the said terme of Mertimes 1645 to the terme of Witsonday last 1649 (being thrie yeirs and ane half) extends to fourtie four thousand, sevine hundreth tuentie tua punds 13 sh. 4 d., whilk in the haill extends to tuo hundreth four thousand, four hundreth fourtie fyve pundis, sexteine shillings; and that the said Mr Robert hes onlie receavit thairof fra the dait of that act, conform to the particular accompts givin in be him, threttine thousand, fyve hundreth fourscoir sex pundis, fourteine shillings, 10 d., so that thair restis yit de claro to the said Mr Robert Ferquhair at the said terme of Witsonday last ane hundreth fourscoir ten thousand, eight hundreth fyftie nyne pundis, ane shilling, 2 d. Quhilk report the saidis estaits of parliament doeth heirby ratifie and approve and declair the foirsaid soume of ane hundreth fourscoir ten thousand, eight hundreth fyftie nyne pundis, ane shilling, 2 d. Scottis [to] be ane publict debt of this kingdome, and that the said annuellrent of the said soume is dew to the said Robert fra the terme of Witsonday last ay and whill payment be maid to him of the said principall soume. And in regaird of the said Mr Robert, his pressing burdings, and that he hes had severall former actes and assignments whilks hes hitherto altogidder provin ineffectuall, and als in anno 1642 the said Mr Robert, upon his awine large expense, bearing the sea hazard, did caus receave at London and bring to Bruntiland the soume of four thousand pund sterling, whilk wes takin from him for supplieing the urgent necessities of the kingdome at that tyme, the saidis estaits have assignet and assignis the said Mr Robert Ferquhair to the haill fyns and forfaltors of such delinquents as are alreadie fyned or to be fyned and the restis of any publict dews yit in the collectors handis or uther wayis restand and unupliftit preceiding the first of October last in sua far as extendis to the soume of tua thousand punds sterling, he doing the first dilligence eftir the first of October nixt. And in the meane tyme, without prejudice to those that have former assignments, to doe thair dilligence betuixt and the said first of October; quhilks failzing, the said Mr Robert Ferquhair or any of the persouns who hes prior assignments that shall doe the first dilligence eftir the said tyme to be preferrit; and appoints the committie for Lampsins to find a way to satisfie the supplicant of fyve thousand pund sterling by and attor the said 2,000 lib. and in pairt of payment of this soume dew to him be the publict.
[1649/5/319]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considerit the supplicatioun givine in to them be Johne Stewart of Coldinghame, schewing that quhairas he having repaired to Edinburgh in Junii last to have followed furth his actioun of compt and reckoning with the erle of Home anent his intromissioun with his estait presentlie depending befoir the lords of counsall and sessioun, to the effect he might have imployed such pairts of his estait as he sould happin to recover fra him for payment of his debtis, in the mean tyme the said supplicant is apprehendit and incarcerat within the tolbuith of the Cannogait at the instance of his creditors, quhairby all means competent to him for recoverie of his debts and mantining of himselff is obstructit and he put in that conditioun the he is likelie to sterve. Thairfoir humblie supplicating the saids estaits of parliament to tak the premises to thair consideratioun and ordaine him to be sett at libertie furth of the said tolbuith, or els that the saids estaits of parliament wold ordaine the persons at whais instance he is incarcerat to intertaine him during his abode thairin, and for that effect that the saidis estaits wold ordaine ane competent soume per diem to be payit to thame towards his said mantinance; and incaice of the not payment of the said mantinance sua to be modified be the saidis estaits, sua that eight dayis rune togidder unpayit, that than he may have letteres chairging the magistrats of the Cannogait to put him to libertie wpon the said failzie; and that the said failzie be qualified be the keiper of the tolbuith, his depositioun under his hand, whilk shall be ane sufficient warrand aither for raising of the letteres to chairge or to the magistrats be them selffis without a chairge to put him to libertie, as the said supplicatioun bears. Quhilk being takin into consideratioun be the saids estaits of parliament, they have ordainit and ordanis ane messinger of arms to summond all pairties intrest to compeir befoir the parliament or the committie of estaits to heir and sie the said Johne Stewart of Coldinghame ordainit by thair act and decreit [to] be put to libertie or utherwayis to shaw ane reasonable cause why the samyne should not be done.
[1649/5/320]*[print] [email] [cite] [preceding] [following]
The quhilk day some members of the generall assemblie presented a declaratioun to the parliament from the assemblie concerning the present dangers and dewties relating thairto; and being red in audience of parliament, hartie thanks wes renderit to them thairfoir and for that good correspondence, with a desyr of a continuance thairof in tyme coming.
[1649/5/321]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considerit ane act given in to them be the generall assemblie bearing that the said generall assemblie, having considerit the present hard conditioun of Mr Thomas Irland, minister at Weyms, eftir so mony sufferings and finding no uther way for the supplie of his present extreame necessitie then out of the vaiking stipends within the presbitrie, conceaving it to be a most pious and charitable use, thairfoir they doe appoint that the said Mr Thomas gett the just and equall half of the bygane and vaiking stipends of Logirate since the depositioun of Mr Francis Omey, the other halff being reserved for the training up of Irish boys at schools according to the destinatioun of parliament; and for this effect appoint the said Mr Thomas to collect and uplift the said wholl vaiking stipends and to mak compt and payment of the equall halff thairof to Mr James Hamiltoun, minister at Edinbrugh, for the use of the Irish boys as he will anser to the nixt generall assemblie, and doe earnestlie recommend to the honorable estaits of parliament to ratifie and approve the premises in the behalf of the said Mr Thomas and interpone thair authoritie thairto. Quhilk act the saids estaits of parliament doeth heirby ratifie and approve in all the heids, articles and claussis thairof, and, if neid beis, ordanis letteres of horning and uthers neidfull to be direct heirupon on ane simpill chairge of sex dayis, with certificatioun etc.; and declairs the dischairgis to be givin be the said Mr Thomas Irland to whatsoever persouns lyable in payment of the said vaiking stipends or any pairt thairof to be ane sufficient exoneratioun thairof at all handis.
[1649/5/322]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considderit ane supplicatioun givin in to them be Johne Muray of Brughtoun, schewing that quheras the publict burdings of this kingdome concuring with his privat debts hes disabled him from payment of any anuellrents these four or fyve yeirs bygane, for which cause he is put to the king's horne, bot finding in conscience he hes no just cause to suspend them bot is most willing to indevor all means for thair satisfactioun, thairfoir humblie desyring the saids estaits of parliament that they wold be pleasit to grant him ane protectioun that he be not troublit in his persoune in resorting to Edinburgh or whair his affairs lyis for the space of thrie months, unto which he hes procured his creditors consent, as is heirwith to be instructed undir thair handis, that the bettir he may be inablit to secur them, as at mair lenth is conteined in the said supplicatioun. Quhilk being takin into consideratioune be the saidis estaits of parliament, they have heirby givine and grantit and givs and grants frie libertie and personall protectioun to the said Johne Murray of Brughtoun to repair saiflie to this brugh of Edinburgh or any uther place or places whair his laufull affairs does occasioun him to be for the space of thrie months, dischairging heirby all shireffis, officers, stewarts, baillies of regalities, lords and thair deputs, magistrats of touns, justice of peace, messingers of arms and all uther judgis whatsoever to trouble or mollest, apprehend or incarcerat [and] arreist the said persoune be vertew of whatsumever letteres of horning or captioun raisit or to be raisit at the instance of the saidis creditors or any of them or any having richt from them, and that notwithstanding thairof during the said space; and incaice the said Johne Murray shall mak any dispositioun or richt of his landis, heritagis, movabls, guidis and geir in defraud of his laufull creditors during the foirsaid space of thrie months, the samyne to be voyd and of non effect.
[1649/5/323]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considerit ane supplicatioun givin in to them be Fergus Grahame of Blaakwood and Williame and Arthur Grahame, his sons, George Grahame, sone to Johne Grahame [of] Ridkirk, Dick and Johne Irwings, sones to Arthur Irwing of Skailes, Johne Grahame, sone to Arthur Grahame, Williame Grahame, sone to George Grahame, callit the Roust, James Jonstoune, sone to Johne Johnstoune, callit of Gratnay, George Grahame, sone in law to the said Fergus Grahame, Rolland Gudfellow and Johne Halyday, servitors to the said Fergus Grahame, schewing that quhair James, erle of Annandaill causit denunce them rebells and put them to the horne for alledgit [...], they not compeirand befoir the lords of his hienes secreit counsall to have anserit to ane pretendit complaint givin in be him aganis them, albeit he had no just reasone nor cause to conveine them befoir the saids lords of privie counsall bot of meir and plaine malice; and the said erle, having purchast ane pretendit decreit of removeing aganis the said Fergus Grahame of Blaakwood and his tennents for removeing from his haill lands for null defence, and thairupon having procurit ane warrandice from the lordis of sessioune that no suspensioun be grantit of the said pretendit decreit, contrair [to] all reassone and forme, from the quhilk he wes debarrit from any suspensioune, quhairby he wes necessitat to goe to the horne, quherupon the said erle raisit captioun, whilk moved him to convein him, his sones and freinds abonenamit befoir the secreit counsall, quhair, if they had compeired, he wold have takine them and put them in prisone; and sua for thair not compeirance at that tyme (when they durst not for fear of taking and wairding) they wer ordainit to be denuncit and accordinglie denuncit to the horne, albeit the said erle could na wayis have conveined the saids George, sone to the said Johne Grahame of Ridkirk, James Johnstoun, sone to the said Johne Johnstoune, callit of Gratnay, George Grahame, sone in law to the said supplicant, and Rolland Guidfellow becaus they duell not within the kingdome of Scotland bot within the kingdome of England, and sua they could not have bein cited nor had no necessitie to appeir befoir the saids lordis of secreit counsall nor could not have bein denuncit to the horne. Quhairupon the said erle, his cruell useing of them and taking of them, the said Fergus Grahame and Williame Grahame, his eldest sone, in December last in the deip tyme of winter and caryeing them to the tolbuith of Dumfreis and deteaning them thairintill whill this month of Julii and ejecting them furth of there haill estait, houses and biggings and spulzing and away taking of thair haill guids and geir and uptaking of there haill rents whairupon they sould live and be mantained, they meanit them to the saids estaits of parliament, wha remitted the said maitter to the lords of sessioune and recommendit the samyne to thair serious consideratioun, and in the meane tyme gave warrand to put them to libertie, and in the meane tyme ordanis them to be frie of all personall trouble and mollestatioun at the said erle of Annandaill, his instance, untill the saids lords of session gave thair full deceisioun anent the difference betuixt the said erle and them, as the act givin in thair favors shawine and producit beirs. Quhairupon the said Fergus hes obteinit suspension and relaxatioun of the said pretendit decreit of removeing and horning following thairupon be the lords of sessioun, nevirtheles they are still under danger of the said horning usit against them upon the said pretendit decreit of secreit counsall, and that they are not able nor can gett no suspensioun and relaxatioun thairfrom inrespect of not sitting of the secreit counsall, and that they are not able to find catioun, being put from thair haill estait and means be the cruell usage of the said erle. Thairfoir humblie supplicating the saids estaits of parliament to have respect to thair hard estait and to give command and warrand to any of the saidis lords of secreit counsall and clerk thairof to grant them suspensioun and relaxatioun of the said pretendit horning without any catioune inrespect they who are within this kingdome sall be content to compeir at any dyet the saids lords of secreit counsall sall pleis, to anser to the said complaint givin in aganis them inrespect they can gett non to be cautioun for them as said is, as the said supplicatioun beirs. Quhilk being takin into consideratioun be the saidis estaits of parliament, they have givine and grantit and givs and grants warrand and command to anie ane of the lords of secreit counsall and Mr James Prymrois, clerk thairof, to grant ane suspensioune and ane relaxatioun without any catioune to Fergus Grahame of Blaakwood and to the remanent persouns abonementionat of the saidis letteres of horning raisit upon the foirsaid decreit of secreit counsall givin against the said whole persouns for not compeirance as said is.
[1649/5/324]*[print] [email] [cite] [preceding] [following]
The quhilk day the estaits of parliament grants commissioun for putting to executioun certaine persounes guiltie of the cryme of witchcraft, conform to thair depositiouns subscribed be the minister and elders within the parosch of Haymouth.