[1649/5/375]*[print] [email] [cite] [preceding] [following]
Prayers said, rollis callit.
[1649/5/376]*[print] [email] [cite] [preceding] [following]
7 August 1649
The estates of parliament, now presently conveened in this third session of this second trienniall parliament, being upon good reason to disolve for this present session of parliament and to continue the same to ane new dyet, and considering how necessary it is (for the good of religion, king and kingdomes, for preventing and remedying of all evils and dangers that may befall to any of those from intestine commotions or forraign invasions, for preserving the peace of the kingdome and union betwixt both, and for doing, acting and ordering all things relating either to peace or warre agreeable to the covenant and ends thereof) that a grand committee be nominated and appointed by them of able and well qualified persons, do therefore nominate, elect and make choise of the persons following, viz: for the noblemen: Archibald, marquis of Argyle, John, earle of Sutherland, Alexander, earle of Eglintoun, John, earle of Cassills, Francis, earle of Buccleugh, William, earle of Louthian, Robert, vicount of Arbuthnet, Archibald, lord Angus, [...], lord Elcho, [...], lord Brechin, Allan, lord Cathcart, William, lord Rosse, John, lord Borthwick, John, lord Balmerino, Robert, lord Burghlie, James, lord Cowper, [...], lord Kirkcudbright, [...], lord Fraser, and [...], master of Forbes; as likewise the saids estates do adde to the forenamed noblemen: [...], earle of Panmure, John, earle of Twaidaile, [...], lord Forester, [...], lord Balcarras. And for the barons: Arthur Erskine of Scotscraige, Sir James Hackat of Pitfurren, George Dundas of Dudingstoun, Master John Dikson of Busby, Sir James Hope of [...], Sir David Home of Wedderburne, knight, [...] Swinton, younger, of that ilk, Sir Charles Erskine of Cambuskenneth, Sir William Cunninghame of Cunninghamheid, Sir Hew Campbell of Cesnock, knight, Sir Andrew Ker of Greinhead, Sir Thomas Ruthven of Freeland, Sir Robert Adair of Kinhilt, Andrew Agnew, fiar of Lochnaw, Sir George Maxwell of Nether Pollock, John Dickson of Hartrie, Sir John Browne of Fordell, Arthur Forbes of Eight, Master William Sandilands of Hilderstone, Johne Cockburne of Ormeston, Sir John Cheisly of Carswell, knight, Alexander Brodie of that ilk, Master George Winrame of Libberton; to the which forenamed barones the saids estates do adde the particular persons following to be also upon the committee of estates, viz: Sir John Hope of Craighall, knight, Sir Alexander Bilshes of Tofts, knight, John Shaw of Grenock, Sir Lodowick Houstoun of that ilk, knight, Sir William Scot of Clerkingtoun, Colonel Walter Scot of Hartwoodburne, Master Thomas Nicolson, his majesties advocate, the lairds of Nidrie, Kithe, Inglistoun, Wauchtone, Fairnie, Moncreif, Dumbeth, Obsdaill, Sir Daniel Carmichael, treasurer depute, Sir James Fraser of Bray, Sir Lewis Gordoun of Gordounstoun. And for the burghs: James Borthuik for Edinburgh, Patrick Rosse for Perth, Robert Davidson for Dundie, George Porterfield for Glasgow, Alexander Jaffray for Aberdeen, James Sword for St Andrews, Thomas Bruce for Stirling, James Campbell for Linlithgow, Hugh Kennedy for Air, Mr Robert Barkclay for Irving, Mr James Campbell for Dumbartan, Gideon Jack for Lanerk, Mr John Hay for Elgine, Thomas Macburnie for Dumfreis, John Forbes for Innerness, William Simson for Dysert, George Gairden for Bruntiland, John Boswall for Kinghorne, Mr Alexander Dowglass for Bamff, George Jamesone for Cowpar, and James Maccullo for Whithorne, William Glendoning, provest of Kirkcudbright; to the whilks forenamed persons of the burghs the saids estates likewayes addes the persons following to be upon the committee of estates: Sir William Dick of Braid, knight, Sir John Smith of Grothell, knight, Robert Lockhart, merchant burgess of Edinburgh, John Short, burgesse of Stirling, Mr William More, burgesse of Aberdeen, and James Rochhead, baily of Edinburgh. Likeas the saids estates addes as supernumeraries to the forenamed persons of the committee of estates the persons following: John, earl of Loudoun, high chancellour of this realm, the generall office[r]s Sir Archibald Johnstoun of Wariestoun, knight, clerk of register, Sir James Stewart of Kirkfield, generall commissary; to whom, or any nine of them, the saids estates of parliament gives and grants the same power, warrant and commission to meet and conveen at such times and places as they shall think fit, and give and grant to them the whole power and authority and to take such course and resolutions to give orders and directions in discharge of the great trust committed to them during the not sitting of parliament as was formerly given to the said committee of estates in the moneth of March last by-past 1649 and in the whole particulars therein mentioned, admitting the generality hereof to be as sufficient as if every particular contained in the said former commission were herein word by word expressed. And farther the saids estates of parliament gives and grants full power and warrant to the foresaid committee being frequently conveened to proportion the maintenance after the first of November next, according to the new valuations that shall come in betwixt and that time. And the saids estates of parliament do hereby discharge all former commissions to any committee of estates, and appointeth this present commission to endure to the next session of parliament and aye and while the same be simpliciter discharged.
[1649/5/377]*[print] [email] [cite] [preceding] [following]
7 August 1649
The estates of parliament, considering how necessary it is for the good of this kingdom that all commissioners appointed by the last parliament should meet and act according to the power given to them by vertue of their commissions, therefore they have continued and hereby do continue the same commissions appointed by the last parliament to the same persons respective contained therein, and ordains the quorum of all the saids commissioners in their severall commissions to be promiscuous; and appoints three of the commissioners of the treasury and three of the commissioners of exchequer to be a quorum, to act and do conform to the commission granted to them.
[1649/5/378]*[print] [email] [cite] [preceding] [following]
7 August 1649
The estates of parliament, having taken the report given in concerning Master Lampsones businesse to consideration, and in particular that part thereof appointing the annuals to be reduced to six for the hundred constantly in all time coming, do therefore ordain the annuals of the money to be reduced, and by these presents reduces the same to six for the hundred in time coming without alteration from the first of this instant, and declares the said six for the hundred to be free in all time coming of all retention and publick burdens. And the saids estates appoints thirteen thousand pound stirling as a part of the sums due to Master Lampsones to be laid upon the maintenance of the whole kingdom, burgh and land, according to the rule of maintenance by adding to the maintenance eleven hundred pound stirling monethly for twelve moneths after the first of this instant August without any deduction for quarterings or any other cause whatsomever, and refers to the committee of estates to proportion the foresaid sum to be payed by the shires and burghs monethly according to the maintenance.
[1649/5/379]*[print] [email] [cite] [preceding] [following]
The estaits of parliament have given and grantit and give and grant warrand to the committie of war of the severall shyrs to try if any tortur hath beine usit against any persoun suspect or guiltie of the cryme of witchcraft, and to report to the parliament or committie of estaits befoir executioun be done upon them.
[1649/5/380]*[print] [email] [cite] [preceding] [following]
The quhilk day the estaits of parliament grants comissioun for trying and puting to executioun certaine persouns guiltie of the cryme of witchcraft, conform to there depositiouns subscryvit be the minister[s] and elders of the parosches of Aberdour, Innerkeithing and Ormestoun.
[1649/5/381]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking to there consideratioun the desyre of the weill affected officers laitlie come from Irland, doe for there satisfactioun appoint the laird of Cesnock, Sir Robert Adair, the generall quarter master, to devyd them amongst the shyrs conforme to the act of the sixt of this instant for the space of thrie months according to the mantinance, and remitts any farder particulars concerning them to the comittie of estaits. As lykwayis, in respect of the present necessitie of some of the officers, they doe remitt and recommend them to the committie of money to advance them such ane soume as may serve for ther present subsistance and for carying of them to ther quarters, and farder doe remitt the rest of the officers that shall not have chairge of foot to the committie of estaits to grant them the allowance of reform adds.
[1649/5/382]*[print] [email] [cite] [preceding] [following]
The quhilk day the estaits of parliament, having hard the report of the committie of dispatches anent ane adresse† to be maid to his matie, doe nominat and appoint the Lord Libertoun to be the persoune who shall be sent commissioner to the king's matie, and doe remitt to the committie of estaits to hear any reassonable cause from him why he should not goe, and appoints them to communicat and advyse the contents of the lettere with the commissiouners of the generall assemblie.
[1649/5/383]*[print] [email] [cite] [preceding] [following]
The quhilk day the estaits of parliament doe adde ane hundreth pund to the pay of Colonell Pitscottie's regiment, and ordanis the generall commissar to give them assignment for payment thairof out of the restis of the mantinance of any shyrs or out of the mantinance of the toune of Edinburgh.
[1649/5/384]*[print] [email] [cite] [preceding] [following]
The quhilk day the estaits of parliament, having hard ane supplicatioun givin in to them be Sir Johne Falconer concerning the stricking of some copper coyne, the coper thairof being lying in his handis, and considering the report of the subcommittie appointit for that effect, bearing that in regaird of the severall desyrs of many inhabitants in and about Aberdein and Bervick, instructed by letteres from these pairts, the said Sir Johne be authorized and licenced to strick ten thousand pund of copper coyne or thair about provent he vent them in England or any uther foraigne place or satisfie his creditors thairwith, aither of the tuo, as the parliament shall think fitt in there wisdome to choyse and appoint, thairfoir the saidis estaits of parliament doe remitt and recomend the said desyr, with the foirsaid report, to the committie of estaits, with power to them to doe thairin as they shall think fitt.
[1649/5/385]*[print] [email] [cite] [preceding] [following]
The quhilk day, anent the maiter tuching moneys in bullioun, the estaits of parliament doe remitt the same to the commissioners of the thesaurie and exchecker, with power to them to determine thairin according to the overturs givin in be the generall of the mint.
[1649/5/386]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considerit ane desyr from the erles of Crawfurd, Lothiane and uthers quho are chairgit at Sir Williame Dick's instance for payment of certain soums of money, creaving that some of the lords of session might be ordainit to hear both pairties and to doe thairin as they shall think reassonable, they find the samyne desyr just and equitable, and thairfoir they have ordainit and ordanis the lords Craighall, Humbie, Hoptoun and Libertoun (or any thrie of them) to hear the mater betuixt the saids erle of Crawfurd, erle of Lothiane and uthers and the said Sir Williame Dick, with power to them to hear both pairties and to grant suspensioune or doe thairin as they shall think reassonable. And in the meantyme suspends all executioun against the saidis pairties chairgit at the instance of the said Sir Williame untill they be hard and the passing of the suspensioun determined.
[1649/5/387]*[print] [email] [cite] [preceding] [following]
The quhilk day the estaits of parliament doe appoint that Stirling and Clakmanane shyrs put forth thair horse according to the new roll of the mantinance in all tyme coming.
[1649/5/388]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, considering how necessar it is for the good of the shyr and for the moir readie obedience to be givin to the publict ordors that shall be sent from tyme to tyme to the committie of war of the said shyr, thairfoir they have ordainit and ordanis the thrie committies of the said shyr to keip ther meiting at Perth once everie tuentie dayis heireftir and to begin on Tuesday, the tuentie on[e] of this instant, and so to continow in all tyme coming.
[1649/5/389]*[print] [email] [cite] [preceding] [following]
[1649/5/390]*[print] [email] [cite] [preceding] [following]
The quhilk day the estaits of parliament, considering the necessitie of the commissioun for plantatioun of kirks, doe heirby statut and ordaine the saids commissiouners to sitt at Edinburgh upon the first of November nixt and to act conform to the commissioun grantit to them.
[1649/5/391]*[print] [email] [cite] [preceding] [following]
The quhilk day the estaits of parliament doe nominat and appoint Johne Dicksone of Hairtrie to be on[e] of the commissiouners for plantatioun of kirks.
[1649/5/392]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking to thair consideratioun that that place in sessioun latlie possest be umquhile Sir George Halyburtoune of Fodderance, ane of the ordinar senators of the colledge of justice, is now voyd and vacand by the deceis of the said umquhile Sir George Haliburtoun, and heirwith also considdering how necessar it is for the administratioun of justice to the leidgs that the same place be filled with some able and qualified man of experience, and understanding in the forms and practice of the house and having had sufficient tryell and experience of the fidelitie, abilitie and understanding of Johne Dicksone of Hartrie, advocat, to dischairge the same, thay, efter voycing, have nominat and electit and be thir presentis nominats and appoints the said Johne Dicksone of Hartrie, advocat, to be ane of the ordinar senators of the colledge of justice in place of the said umquhile Sir George Halyburtoun of Fodderance ad vitam vel culpam, with all honors, dignities, fies, proffeits, casualties, liberties and privilledgis whatsumever perteining or belonging to the said place formerlie possest be the said umquhile Sir George Haliburtoun and as the samyne wes had be him; and the saids estaits of parliament ordanis the lords of sessioun at there first sitting doune upon the first day of November nixtocome or any uther day thaireftir following to tak the said Johne Dicksone of Hartrie, his oath de fideli administratione for the faithfull dischairge of the said place quhairunto he is nominat, elected and presented be the parliament in maner foirsaid.
[1649/5/393]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considerit the report givin in to them by the committie appointit for the bussines concerning messingers Adrian and Cornelius Lampsins, resident in Midlbrugh and Plushing, doe find it most just and necessarie that the saidis messingers Lampsins be payit and thankfullie satisfied of the soume of money due to them by the estaits of this kingdome, and thairfoir have ordainit and ordanis toward the moir readie payment of the samyne the soume of threttine thousand, tuo hundreth pund sterling money to be addit to the mantinance both in brugh and landward, and to be payit be the heritors, lyfrenters and uthers lyable in payment of the mantinance out of the rent and brughs respective as followis, viz: the soume of elevine hundreth pund sterling money to be payit monthlie for the space of tuelff months eftir the first day of this instant month of August, and sua furth to indure untill the first day of August 1650 yeirs without any deductioun for quartering or any uther cause whatsumever. And the saidis estaits of parliament remitts to the committie of estaits to devyd and lay on the foirsaid soume upon the saids haill shyrs and brughs of this kingdome proportionallie to be payit monthlie according to the mantinance and to be sequestrat and ordainit allenarlie towards the satisfieing of ane pairt of the soume dew to the saidis messingers Adrian and Cornelius Lampsins as said is and utherwayis to be convertit to any other use. And further recommends to the committie of estaits to consider of ane way how the said soume of threttine thousand, tuo hundreth pund sterling money may be furthwith taikin up and advanced without prejudice to the publict for the speidie dispatch of Mr Gideon Moris, agent, for the said messors Adrian and Cornelius Lampsins.
[1649/5/394]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, considering the great pains, travells and chairgis of Sir Johne Chisly of Kerswell these diverse yeirs bygane in dischairging of the place of secretarie to the commissiouners of this kingdome at London, for which toilsome and chairgable imployment and the maney singular good offices he did them for the publict cause of religioun and the good of this kingdome he hes nevir bein acknowledged with any reward or gratuitie at all; thairfoir, in respect of the good and faithfull service he hath also latlie done as commissiouner from this kingdome to Ingland in Januarii last, they have givine and grantit and be thir presents give, grant and allow the soume of ane thousand pund sterling to him as a reward and gratuitie for these his bygane faithfull and good services to this kingdome, and doe heirby ordaine and command the committie of moneys and generall commissar or aither of them to mak payment to the said Sir Johne Chisly of the said soume of ane thousand pund sterling reddily and tymously, and in the meantyme untill the said soume be compleitlie payit, that they or aither of them pay intrest for the same and for any pairt thairof resting unpayit from the dait heirof, and what the generall commisarie or his deputies sall pay unto him sall be allowed to him in his accompts of incident chairgis.
[1649/5/395]*[print] [email] [cite] [preceding] [following]
The quhilk day Arthour Erskine of Scotiscraig, having delyverit the honors of parliament to the merqueis of Argyll as on[e] of the commissiouners of the thesaurie, thairupon askit instruments.
[1649/5/396]*[print] [email] [cite] [preceding] [following]
The quhilk day the estaits of parliament doe heirby prohibit and dischairge the committie of estaits to grant exemptioun to any persouns quhatsumevir of levies or mantenance.
[1649/5/397]*[print] [email] [cite] [preceding] [following]
[1649/5/398]*[print] [email] [cite] [preceding] [following]
The estaits of parliament ordanis Sir James Stewart, generall commissar, to pay to Alexander Ogilvie, writer, for his bygane service takine in attending the committie appointit be the parliament for rectifieing the valuatiouns the soume of ane hundreth pund sterling, and that out of the first and reddiest of the publict money quhilk shall be allowit to him in his accompts of his incident chairgis. In doeing whairof, these presents with the said Alexander, his dischairge, sall be ane sufficient warrand.
[1649/5/399]*[print] [email] [cite] [preceding] [following]
The estaits of parliament addis to the committie of war of the shirefdome of Haddingtoun the persouns following, viz: the Lord Humbie, the laird of Hermistoun, Mr George Seatoun of Haills, Mr Cornelius Inglis, Johne hamiltoun of Eister Falsyd, Mr Andro Marjoribanks, Gourlawbanks [and] Mr Richard Cairns.
[1649/5/400]*[print] [email] [cite] [preceding] [following]
The estaits of parliament nominats and ellectis the persouns following to be commissiouners and ane committie of war within the shirefdome of Innernes, viz: Sir James Fraser of Bray, Thomas Fraser of Struy, Hew Fraser, fiar thairof, Hew Fraser of Belladrum, Williame Fraser of Culboki, Johne Fraser of Clenvaiki, Johne Fraser of Culdothell, Alexander Fraser of Eight, Donald Fraser, fiar thairof, Alexander Fraser of Abirshitly, Alexander Chisholme of Louer, Thomas Shives of Murton, Duncan Forbes of Colloden, Johne Forbes, provest of Innernes, Johne Polsone, burges thairof, Robert Baillie, burges thairof, Williame Baith of Dunean, Williame McIntosh of Holme, Williame Dollas of Arntroy [and] Mr Alexander Dollas of Budyett, and ordanis Sir James Fraser to be conveiner for the first meiting, and thaireftir the said committie is authorized to mak choyse of such conveiners among themselffis as they sall think fitt, with power to the said committie and comissioun (or any fyve of them as a quorum) to meitt at the heid brugh of the said shyr and to act conforme to their former commissiounes alse fullie as any other committie of war within this kingdome; and ordanis them to give advertisment of there proceidings to the parliament or committie of estaits, to whom they shall be anserable for the dischairge of the trust committed to them by this commissioun, which is to indure till the same be recallit by the parliament or committie of estaits, and the former committie of war of the said shyr is heirby declaired voyd and null in all tymecoming.
[1649/5/401]*[print] [email] [cite] [preceding] [following]
The estaits of parliament hes ratified and approvine and be thir presents ratifies and approvis the commissioun of the fourteine day of Mairch last grantit be the parliament to the commissiouners therinspeit appointit for money and accompts and excyse in the haill heids, articls, clauses and conditiouns thairof, with the full power grantit to the saidis commissiouners conteinit in the said commissioun and thair quorum to be promiscuous, and ordanis the samyne commissioun to indure till the next sessioun of parliament.
[1649/5/402]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having considderit the supplicatioun given in to them be Sir Johne Falconer concerning the striking of coper coyne, the coper thairof being in his handis, as at mair lenth is conteined in the said supplicatioun. Quhilk, with the report of the committie appointit for that effect, they have remitted and be thir presentis remitts the said supplicatioun, with the supplicant's desyr thairin, to the exchecker, with power to them to determine according to the ovirturs givin in be the generall of the mint concerning moneys and bullion.
[1649/5/403]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having takin to thair consideratioun the supplicatioun givin in to them be Alexander Downie, merchand burges of Edinbrugh, schewing that quhair for his affectioun to the cause he did advance and lend for the use of the publict the soume of ane thousand, four hundreth fourtie four pundis, which wes payit be the factors of Campheir and which sould have beine payit long agoe, and that notwithstanding the supplicant hes divers tyms supplicat the parliament and hes givin precepts upon the generall commissar for payment thairof out of the excyse and borrowit money, conform to the ordinance of parliament for payment thairof, yit they have provin ineffectuall to the supplicant. In regaird whairof, and that sundrie uthers in the supplicant's conditioun hes gottin satisfactioun, and that the committie hes seine ane precept grantit be the parliament in July 1644 for payment to him of the soums foirsaidis, with the annuell rent thairof, humblie thairfoir creaving the saidis estaits of parliament to tak the premises to consideratioun and wold grant warrand and command to the generall commissar to satisfie him of the said principall soume of ane thousand, four hundreth fourtie four punds, with the annuellrents thairof since Witsonday 1641, extending to [...], conforme to ane act of parliament of the 18 of July 1644 grantit in his favors out of the first and rediest of the moneys restand of the excyse or publict moneys preceiding October last, and for that effect wold recomend the samyne seriouslie to the committie of moneys that ane precept might be grantit upon the generall commissar to the effect the samyne might be effectuallie and speidelie done, that he and his famellie might be preserved from ruine, as at mair lenth is conteinit in the said supplicatioun. Quhilk, with the report of the committie thairanent, being takin into consideratioun be the saids estaits of parliament, they have recommendit and seriouslie recommends the said supplicant, with his desyr conteinit in the said supplicatioun, to the committie of moneys, that payment may be maid and givin to him of the soume of ane thousand, four hundreth fourtie four punds, with the annuell rents thairof.
[1649/5/404]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considderit the supplicatioun of the abonenamit Johne Downie, shewing that he being commandit to goe with his schippe to Carrickfergus with ane loadning of victuall for the use of the Scottis army then ther, and that the said shipp in hir returne wes takine be ane Irish frigott, thairfoir desyring, that sieing the said schip wes assured be the committie of estaits and that in Maii 1646 the committie of money hes declairit the pryce dew for the said schip (which wes estimat to be nyne thousand pundis Scottis, by and attor thrie hundreth pundis sterling for certaine merchand guids that wes within the said schip) to be ane publict debt of this kingdome dew to be payit to the supplicant at the terme of Mertimes 1646, with the annuell rent of the said soume of nyne thousand punds during the not payment of the samyne, which as yit hes provine ineffectuall to the supplicant, as at mair lenth is conteinit in the said supplicatioun. Quhilk, with the report of the committie of bills thairanent, being takin into consideratioun be the saidis estaits of parliament, they have recommendit and seriouslie recommends the supplicant, togidder with the desyr of his supplicatioun abonewrittin, to the committie of moneys, that some reall and effectuall course may be takin for satisfieing of the supplicant of the soums of money and annuellrents thairin speit.
[1649/5/405]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considderit the supplicatioun of Androw Wardlaw, schewing that in the month of Junii 1649 the supplicant having loaden a schip with goods towards Scotland to the value of ane thousand, sex hundreth sevintie sex merks at the first buying, wes violentlie seased upon be Captaine Stirling, as yit detained from him quhairof he hes gottin no pairt, which hes keipit him and his famellie in a verie low conditioun, having had many great losses since; and thairfoir, in consideratioun of his great lossis, desyring to be fred and liberat of the custome of some wyns importit be him in anno 1640 [and] 1641 or recommendit seriouslie to the exchecker, as at mair lenth is conteinit in the said supplicatioun. Quhilk, with the report of the committie of bills thairanent, bearing that, in respect of the low conditioune, he and his supplicatioun aucht to be recommendit be the saidis estaits of parliament to the lords and uthers of exchecker, that they may tak consideratioun of his low conditioun as he deserveth, being takin into consideratioun be the saidis estaits of parliament, they have seriouslie recommendit the said supplicant and the desyr of the supplicatioun abonespeit to the lords and uthers commissiouners of the exchecker, that they may tak his meine conditioun to thir consideratioun and grantit the desyr of his suplicatioun.
[1649/5/406]*[print] [email] [cite] [preceding] [following]
The estaits of parliament presentlie conveined be thir presentis ratifies and approvis the letter of dispositioun and alienatioun maid to the said Sir Johne Scot, his airs and assignis quhatsumevir be the countes of Kinghorne as tutrix testamentar to Patrik, erle of Kinghorne, hir sone, of all and haill the ile of Inschkeith and landis of the samyne, with houses, biggings, yairds, fishings, pairts, pendicls and pertinents thairof whatsumever, lyand in the midest of the river of Forth, of the dait the threttine day of Februarii jM vjC fourtie nyne yeirs, insert and registrat in the buiks of counsall and sessioun upon the tuentie fourt day of the said moneth of Februarii and yeir of God abonewrittin, with the infeftment undir his majesties great seall and precept of seasing following thairupon, of the dait the fourt day of Apryl and yeir of God foirsaid, togidder with the instrument of seasing following upon the said precept, of the dait the tuelff day of the said moneth of Apryle the said yeir of God jM vjC fourtie nyne yeirs, in the haill heids, clauses, articls and conditiouns thairof, willing and granting this present ratificatioun to be als sufficient as if the said dispositioun, infeftment and seasing following thairupon wer heirin speciallie insert, ratified and approvin de verbo in verbum. Lykas the saidis estaits of parliament decerns and ordains the foirsaids richts and securities, togidder with this present ratificatioun of the samen, to be ane guid, valid and sufficient richt to the said Sir Johne Scot and his foirsaidis for bruiking and joysing the said ile of Inschkeith, landis thairof and fort upon the samyne, harbories thairof, fishings and haill pertinents of the samyne conforme to the tenor of the foirsaid dispositioun, infeftment and seasing following therupon in all poynts.
[1649/5/407]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking to thair consideratioun the act of the committie of estaits maid at Edinburgh, the 27 of Mairch 1649, makand and constitutand Major Andro Abirnethie commissar of the commissariat of Lauder, giveand, grantand and disponand to him the said office with all privilledgis, liberties, casualities and benefeit belonging thairto, and that upon the tuentie aucht day of Junii instant Fransis and Johne Wilkiesons, last pretendit clerks of the said commissariat, as for ther malignancie depoised from exercising the said place, and that the said place is comprehendit under the said major, his act of admissioun grantit to the said major as incumbent therto, thairfoir they doe not onlie ratifie and approve the said act of admissioun grantit to the said major in the haill tenor therof, bot also givs heirby full power and commissioun to the said Major Abernethie, commissar, to nominat and elect ane clerk in the said commissariat (for whom he sall be anserable) as being incumbent to his said place and richtouslie knowine to apperteine thairto, with all uther liberties, privilledgis and casualities belonging to the samyne.
[1649/5/408]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking to consideratioun ane act of the exchequer in favors of Mr Thomas Nicollsone, his maties advocat, whairof the tennor followis: At Edinbrugh, the eighteinth day of May, the yeir of God jM vjC and fourtie nyne yeirs. The whilk day the lordis of exchequer sitting in full number, compeired personallie Maister Thomas Nicollsoune, his majesties advocat, and presentit the tuo actis of parliament underwrittin to be registrat, quhairof the tennors followis: At Edinbrugh, the tent day of Mairch in the yeir of God jM vjC and fourtie nyne yeirs. The estaits of parliament, now presentlie conveined in the second sessioun of the second trienniall parliament be vertew of ane act of committie of estaits who had powar and authoritie from the last parliament for conveining the parliament, considering that the place and office of his majesties advocat of this kingdome is now vaiking by the nominatioun of Sir Archibald Jonstoun of Waristoun, knicht, ane of the senators of the colledge of justice, who wes formerlie his maties advocat within this kingdome, to be now clerk of his hienes registers, counsall and rollis in place of Sir Alexander Gibsone of Durie, knicht, leat clerk of register, conforme to ane act of the saidis estaits of parliament of the dait of thir presentis, and who in face of parliament, inregaird of the said nominatioun of him to be clerk of register, dimitted and laid doune the said place and office of being his maties advocat; inrespect whairof, the saidis estaits of parliament hes declaired the said place and office of his maties advocat to be now vaiking. Lykas the saidis estaits of parliament, considering that they be thair act of parliament also of the dait of thir presents have declaired that they find themselffis bound in deutie to fill such places vaiking with fit persouns according to the oath of parliament, inrespect that the king's maties is (befoir he come to the exercise of his royall powar) to give satisfactioun desyred by this kirk and kingdome, and ordainit that these who should be nominated and appointed by them sould have acts of parliament and patents past the great seall in ther favor, as their predicessors got at the parliament 1641 for brooking and enjoying of their respective places ad vitam vel ad culpam, as the said act moir amplie proportis; and the said estaits of parliament, for preveining the manifold inconveniencis may aryse both to the king's matie and the kingdome if the said place and office of his maties advocat be not speedelie filled, being desyrous and most cairfull that the said place and office be filled and exerced be ane able and qualified man, and knowing perfectlie the fidelitie, loyaltie to his matie and abilities of Mr Thomas Nicollsone, advocat, for dischairging the said office and place of his maties advocat, thairfoir the said estaits of parliament doe heirby nominat and appoint and elect the said Mr Thomas Nicollsone to the said office and place of advocat to his matie, and that ad vitam vel ad culpam conform to the foirsaid act of parliament; and givs and grants to the said Mr Thomas Nicollsone ad vitam vel culpam as said is the office and place of his maties advocat, with all honors, dignities, fies, casualities, privilledgis, commodities, immunities, liberties, emolluments, profeits and deuties dew and perteining to the said office and place to be peacable brookit, enjoyit and possest be him als frielie in all respectis as any other preceiding advocat to his matie brookit and possest the same in any tyme bygane or which may be now brookit be the lawis of this kingdome. Lykas the saidis estaits of parliament be thir presents ordanis and declairs that full libertie and licence is heirby grantit to the said Mr Thomas Nicollsone, now his maties advocat, to pleid for his maties leidgs in anie ordinarie cause befoir the lords of counsall and sessioun or anie uther ordinarie judicatorie of this kingdome whairin the king's matie is not interessed, and declairs that he shall na wayis be debarred of that libertie notwithstanding of his becoming advocat to his matie. And the saidis estaits of parliament ordanis a gift and patent to be past and exped under his maties great seall to the said Mr Thomas Nicollsone, his maties advocat, of the foirsaid office of advocat to his matie and of all uther honors, fies, casualities, dignities, privilledgis, commodities, immunities, liberties, emoluments, profeits and dewties and uthers whatsumever belonging thairto, ordaining thir presents to be a sufficient warrand to the director of the chancellarie to writt the same to the great seall and to the lord chancellor for appending the great seall thairto without passing of any uther seall or register to the said Mr Thomas Nicollsone of the foirsaid office of being advocat to his matie with all honors, dignities, privilledgis and uthers abonementionat. Sic subscribitur, W. Scot, clericus parliamenti. Followis the tennor of the other abonementioned: At Edinbrugh, the tuelff day of Mairch the yeir of God jM vjC fourtie nyne yeirs. The estaits of parliament, now presentlie conveined in the second sessioun of the second trienniall parliament be vertew of ane act of the committie of estaits who had powar and authoritie from the last parliament for conveining the parliament, considering that they be thair act of the dait the tent day of Mairch instant, having nominat and appointed Mr Thomas Nicollsone, advocat, to be his maties advocat and givine and grantit to him all the honors, dignities, casualities, liberties, privilledgis, immunities, commodities, emoluments, proffeits and dewties perteaning to the said office of his maties advocat of this kingdome to be peaceablie brookit and enjoyed be him ad vitam vel culpam, as the said act of parliament of the dait foirsaid moir fullie proportis, and the saidis estaits of parliament, having this day callit befoir them the said Mr Thomas Nicollsone to accept the said office and place of his maties advocat in and upon him, the said Mr Thomas Nicollsone, compeiring personallie in face of parliament, accepted the said office and place of his maties advocat in and upon him and maid faith de fideli administratione in the said office as his maties advocat and thairupon askit instruments. Extractum de libris actorum parliamenti per me, Archibaldum Johnstoune de Warristoun militem clericum rotulorum registri ac consilii supremi domini nostri regis. Sub meis signis et subscriptione manualibus. Sic subscribitur, A. Johnstoune, clericus registri. Quhilks tuo acts of parliament abonewrittin, being publictlie red, seene and condiscendit upon be the saids lords and they therwith being weill and ryply advysed be them, they have ordained and be thir presents ordanis the same to be insert and registrat in the books of exchequher. And inrespect that it hath pleasit God to give the said Mr Thomas ane laufull call to the said place and office of his maties advocat be the estaits of parliament, thairfoir the saidis lords hes recommendit, lykas heirby they doe seriouslie recommend to the king's majestie (when it shall please the Lord to give the said Mr Thomas the blissed and happie opportunitie to have accesse to his hienes royall persone) that his matie wold be pleased to tak to his royall consideratioun the heavie weight and burden of the said chairge whairunto the said Mr Thomas is callit, and that his hienes wold be pleasit in his royall wisdome and bountie to find the way how to enable him to the undergoeing therof. And in the meantyme, for the bettir enabling to the effect foirsaid, the saidis lords hes ordained and be thir presentis ordanis the soume of tuo hundreth punds sterling money to be payit to the said Mr Thomas Nicollsone yeirlie out of his maties rents and casualities within this kingdome, beginand the first yeirs payment therof at the feist and terme of Mertimes nixtocome and that for this instant yeir of God jM vjC fourtie nyne yeirs and sua furth yeirlie thaireftir at tuo terms in the yeir, Witsonday and Mertimes in winter be equall portiouns, and ay and quhill his matie be pleasit out of his royall bountie and munificence to provyd some way for enabling the said Mr Thomas to undergoe the foirsaid chairge and office; and recommends the tymous and effectuall payment theirof to the lords commissiouners of his hienes thesaurie. Thairfoir the saidis estaits of parliament have ratified and approvin and doe heirby ratifie and approve the foirsaid act of exchekquher in the haill heidis, articls, clauses and circumstancis of the samyne eftir the form and tennor therof in all poynts.
[1649/5/409]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, considering the decreit of forfaltor givin and pronuncit be the committie of estaits against Murdoch Maklean of Lochbouie, Duncane Stewart, youngar, of Appine, Alexander Stewart of Innermuckhevell and Hector McLeane of Kingerloch, quhairof the tennor followis: At Edinbrugh, the tuentie tuo day of Maii jM vjC fourtie nyne yeirs. Anent the summonds of treasone raised and pursued at the instance of Sir Archibald Johnstoune of Waristoune, then his maties advocat, for his maties intres, and procurators of the estait of this kingdome, and now pursued at the instance of Mr Thomas Nicollsone, now his maties advocat, for his highnes intres, and the said procurators of estait against Murdoch McLean of Lochboy, Duncane Stewart, youngar, of Appin, Alexander Stewart of Innernachevell and Hector McCleane of Kingerloch: that is to say the saidis defenders to have ansered for the cryms, facts and deeds particularlie and generallie undirwrittin and for all uther cryms and deeds of that kynd that might be laid to thair chairge, and to have hard and seene them decernit and declaired be the estaits of parliament (and their committies to have beine nominated and appointed be them) to be guiltie of the saidis cryms, facts and deeds eftirspeit, and thairfoir had incured the paine of heigh treasone against his matie and estaits of this kingdome and the paine of lyvis, estaits, landis and goods to be execut against them and the benefeit thairof to be applyed to the publict for releif of publict burdeins; or utherwayis, in the option of the saidis estaits of parliament (or thair committies), to have hard and seine them utherwayis punished and censured in ther persons, nams and fams and their landis, estaits and goodis by fyning, confyning or utherwayis as the saidis [estaits] of parliament (or their committies) sall find expedient undir the paine of hie treasone and forfaultour or uther paine or pains to have beine inflicted be the saidis estaits of parliament (or their committie) at thair optione, censment and arbitriment, and the benefeit thairof applyed to the use of the publict for releif of publict burdeins; with certificatioun to the saidis defenders if they wer contumatious and compeired not, the saidis estaits of parliament (or their committie as sould happin to be sitting for the tyme) would then instantlie proceid against the saidis defenders and everie ane of them who did not compeir as rebells and traitors and guiltie of high treasone against the king's majestie and the estaits of parliament of this kingdome to the forfaulting of their lyvis, landis, estaits and goods to be applyed to the use of the publict, and that their absence and contumacie sould be holdin as a manifest probatioun of their guiltines without necessitie of any further probatioun; but if they compeired and remained present at the wholl dyetts of the procedur, that then the saidis estaits of parliament or their committies or any of them as sould happin to be sitting for the time wold proceid against the saidis defenders upon laufull probatioun to the forfaulting of their lyvis, landis, estaits and goodis, to be applyed to the use of the publict as said is, or utherwayis be punishing and censuring of them according to the natur and qualitie of their misdeeds and maleversatiouns, and that, in the option and arbitriment of the saidis estaits of parliament (or their committies as sould happin to be sitting for the tyme), to be disposed upon be them for the use of the publict, and utherwayis useing of the saidis defenders in all hostile maner as appeirand manifest traitors to this kingdome. And the estaits of parliament, conforme to the lawis and practice of this realme, justice, reassoune, equitie and conscience at the arbitriment and determinatioun and censment of the saidis estaits of parliament or their committie to be nominat and appointed be them or any of them as sould happin to be sitting for the tyme, becaus be the commoune law and be the lawis and statuts of this kingdome and be all justice, reasone, equitie and conscience, all persons whatsumever who ryse in rebellioun and taks up arms, or concuris with the adversaries of this kingdome or against the estaits of parliament or against the forcis levied be them or their committies, all invaders and assaulters be force of arms of any of the armys levied for defence of this kingdome, and all killers of the subjects, takers, apprehenders or imprisoners of them, all willfull raisers of fyrs, all burners of housesis, corns, kirks, all takers or holders of houses, castalls, touns or fortis or garisons thairin within this kingdome, all persouns, being landit men, committers of these stouth and robberies, and all who wer authors or abettouris, mainteiners, assisters or suppliers or had any hand in countinanceing or concurring with the adversaries and enemys of this kingdome, or keiping or holding intelligence with the saidis adversarys, and all who goes into the armys of the rebells and invaders of this kingdome, and all who wer art and pairt of the foirsaidis cryms, or any of them, wer guiltie of high treassoune and incurred the paine of forfaultor of lyvis, landis, estaits [and goodis] to be applyed to the use of the publict, and wer utherwayis punishable at the censment and determinatioun of the parliament or committie of estaits in thair lyvis, landis, estaits and goodis to be applyed to the use of the publict, and were punishable in their nams and fams by fyning, confyning or utherwayis as the parliament or committie of estaits sitting for the tyme sould think fitt. Lykas be the fourt act of the thrid parliament of the king who leatlie rigned, daitit the tuentie nynt day of Junii jM vjC fourtie four yeirs, all takers up of arms against this kingdome and the estaits thairof were guiltie of treassone and punishable be forfaultor of their lyvis, landis, estait and goodis or any uther censur the esteats sould please to aflict. And treue it is that the said Murdoch McLean of Lochboy did in the moneth of Junii jM vjC fourtie fyve yeirs took up arms against this kingdome and the estaits thairof in sua far as the said Murdoch McLean joyned with the said James Grahame and these his rebellious army in the said moneth of Junii jM vjC fourtie fyve yeirs, and wes with him at Methven Wood the tyme foirsaid against the forcis raised be the estaits of this kingdome for suppressing of the said rebells, and remained still with the said rebells in spoyling and robbing of the countrie and with the said James Grahame and his rebellious army at the battell of Killsyth, whilk wes upon the fyftine day of August jM vjC fourtie fyve yeirs. Lykas thaireftir in the moneth of September jM vjC fourtie fyve yeirs the said Murdoch McCleane wes with Alexander McDonald, ane of the saidis rebells and his complices in the shirefdome of Argyll, and remained still with the saidis rebells in spoylling and robbing of the countrie untill the moneth of Apryll thaireftir, during the which tyme all the landis of Couall and Knapdaill and manie uther landis within the said shirefdome of Argyll were brunt, herried and waisted and distroyed and many slaughters and murthurs committed theirin be the saidis rebells the tyme foirsaid. As also the said Murdoch McClean, in the moneth of Julii last jM vjC fourtie eight yeirs, did conveine ane number of men in arms and beseidged and blocked up the house of Moy, which wes keipit as a publict garisone be ordor from Liutenent Generall David Leslie for the good and peace of the countrie, and wold not suffer nor permitt any provisioun to be put theirin for the publict use for intertainement of the said garisone, and thairby forcit the keipers thairof to quyt the said house and rander the samen to him and his complicis upon conditioun to gett their lyvis saiff. And in lykmaner the said Duncane Stewart, youngar, of Appin and Alexander Stewart [of] Innernacheavell, in the moneth of Januarii jM vjC fourtie fyve yeirs, took up arms against this kingdome and estaits thairof in sua far as in the said moneth of January jM vjC fourtie fyve yeirs [they] did joyne in arms with the said James Grahame and his rebellious army and were all present with the said James and the said rebells with all the men they could command at the feild of Innerlochie, whilk wes foughtine betuixt the forcis of this kingdome and the saidis rebells upon the second day of Februarii jM vjC fourtie fyve yeirs, and wes also with the said rebells at Methven Wood the tyme foirsaid and remained thaireftir, and wes present with the said rebells army at the battell of Killsyth, quhilk wes upon the fyftine day of August jM vjC fourtie fyve yeirs. Lykas the foirsaidis persouns were with the saidis rebells in the moneth of October, November and December jM vjC fourtie fyve, or ane or other of them, and in Januarii and Februarii jM vjC fourtie sex yeirs and sensyne at the burning and waisting and herrieing and distroying of the saidis landis of Couall, Knapdaill and many uther landis within the said shirefdome of Argyll and committing of many slaughters and murdurs be the said rebells within the saidis boundis the tyme foirsaid. And lykwayis the said Hector McLeane of Kingerloch did tak up arms against this kingdome and staits thairof in sua far as he did joyne in arms with the said James Grahame and his rebellious army in the moneth of Junii jM vjC fourtie sex yeirs, and wes with the said rebells at Methven Wood and at the battell of Killsyth and the burning and herrieing and distroying of the said landis of Knapdaill, Couall and certaine uther boundis within the said shirefdome of Argyll and the committing of the foirsaid murdurs and slaughters committed be the saidis [persons] within the boundis foirsaid at the tyms respective abonespeit. And quhilkis crymis of treasoune particularlie abonespeit, or ane or uther of them, the foirnamed persons, defenders, were principall actors, authors, abettors or airt or pairt, at the leist the saidis defenders were manteiners, asisters or suppliers of the foirsaid rebellious army, at the leist the saidis defenders did goe into the rebellious army, at the leist had countenanced and concurred with the rebells, enemys and adversaries and invaders of this kingdome, at least the saidis defenders did goe into the said rebellious army or to James Grahame, leat erle of Montrois or to Alaster McDonald, leaders thairof, and joyned with them in their rebellioun, at least the saidis defenders were guiltie and airt and pairt of the foirsaides cryms, facts and deids respective abonespeit or ane or uther of them. And thairfoir the foirnamed persons, defenders, had committed and were culpable (at least accessorie to or airt and pairt) of the foirsaidis cryms of high treasone and uthers cryms, misdeeds and maleversatiouns particularlie and generallie abonespeit, or ane or uther of them, and consequentlie the saids defenders and ilk ane of them had incurred the foirsaid paine and punishment of high treasoune to be execut against them in their lyvis, landis, estaits and goodis and the benefeit thairof to be applyed to the use of the publict; at leist had incured the foirsaid paine and punishment in their persouns, nams and fams and in their landis, estaits and goodis to be applyed to the use of the publict, or utherwayis were censurable and punishable as oppin and manifast traitors and enemys to this kingdome and estaits thairof according to the natur and qualitie of their cryms and misdeids and maleversatiouns, ane or mae, respective foirsaids, conforme to the saidis lawis, acts of parliament and practice of this kingdome, justice, reasoune, equitie and conscience at the arbitriment and determinatioun and censment of the saidis estaits of parliament or thair committie, conforme to their decreit and sentence to be givine and pronuncit be them or any of them who sould be sitting for the tyme against the saids defenders theirin according to justice, [as] at moir lenth is conteined in the said summonds, executiouns and indorsatiouns therof and anent the chairge givin to the saidis defenders, to have appeired befoir the saids estaits of parliament (or committie to be nominated and appointed be them), to have anserit for the foirsaidis cryms and deids and all uther cryms of that kynd to the effect abonespeit. Which being callit in the last sessioun of parliament, compeired Mr Thomas Nicollsone, for himselff and in name of the remanent persons, and the defenders being oftyms callit in plaine parliament and not compeirand, the saidis estaitis did remitt the saids summonds to the committie of estaits, with power to them to decide thairin. Lykas the said committie, be their commissioune from the parliament speciallie authorized to decyd and determine in all maiters remitted and referred to them be the parliament, in maner speit in the said commission, in pursuance the said Mr Thomas Nicollsone, for himselff and in name of the remanent pursuers, compeiring befoir the committie of estaits and exhibiting the said summonds to them, desyred the said committie of estaits to consider the relevancie of the saids summonds, and thaireftir that the said committie wold assigne ane day to him for proveing of the said summondis. And the said committie considering the relevancie of the same, and a certaine day bypast being assigned to the said Mr Thomas for proveing thairof, and severall witnesses having bein examined in the said maiter be the said committie of estaits, and the said committie having considerit the said summonds, executiouns and indorsatiouns thairof with the depositiouns of certaine witnesses sworne and admitted and receavit in the said maiter, with certaine missive letteres subscryvit be the said Murdoch McCleane of Lochboy, Hector McClean of Kingerloch, Duncane Stewart, fear of Appine, and Alexander Stewart of Innerachavell, directed to the merqueis of Argyll, prisbittrie of Innerara, Hector McClean of Torsloise and the laird of McNachtan of severall daits, and having at lenth heired and considerit the samyne and being fullie thairwith advysit, the said committie of estaits finds that pairt of the saids summondis bearing that the said Murdoch McCleane of Lochboy wes with the rebells at the wood of Methven and battell of Killsyth and with Alester McDonald and the Irish rebells in Argyll and Kintyr, during the which space the said landis of Couall and uthers foirsaidis were brunt, herried and waistit in maner befoir speit, and sicklyk that he wes present and assisted these that beseidged the house of Moy and wes commander of the said men at the said seidg of Moy whair they lay be the space of fyve weiks, relevant to inferr the paine and punishment of treasoune: that is forfaultour of lyf, landis, estait and goodis and the benefeit therof to be applyed to the use of the publict, and finds the same sufficientlie provine. As also the said committie finds that pairt of the said summonds bearing that the said Duncane Stewart, fiar of Appine wes present with the said rebells and assisting to them at the said battell of Innerlochie and Killsyth and sicklyk at the burning of the saids landis of Couall in maner lybellit, relevant and sufficientlie provine to inferr the paine and punishment of treasoune: that is forfaultour of lyf, landis and goodis and the benefeit therof to be applyed to the use of the publict, and findis the same sufficientlie provine. As also the said committie findis that the said Alexander Stewart of Innernachevell wes with and did assist the said rebells in thair rebellious coursis and wes assisting to them in the waisting, burning and herrieing the said landis of Couall and uthers abonespeit, relevant to inferre the paine and punishment of treasoune: that is forfaultor of lyf, landis and goodis and the benefeit thairof to be applyed to the use of the publict, and finds the same sufficientlie provine. And also finds that pairt of the summonds bearing that Hector McCleane of Kingerloch wes present with the said rebells and assisting them in burning, herrieing and waisting of the said landis of Couall and uthers foirsaid and uthers rebellious courses, relevant to inferre the paine and punishment of treasone: that is forfaultour of lyff, landis and goodis and the benefeit therof to be applyed to the use of the publict, and finds the same sufficientlie provine. And thairfoir the said committie of estaits doe heirby find and declair the said Murdoch McClean of Lochboy, Duncane Stewart, fear of Appine, Alexander Stewart of Innernachevell and Hector McClean of Kingerloch and ilk ane of them to have incurred the paine and punishment of high treasoune to be execut against them, ilk ane of them in ther persouns, landis, estaits and goodis, and heirby forfaults the saidis persounes and ilk ane of them in thair persouns, lands, estaits and goodis, ordaining thair said lands, estaits and goods to be applyed to the use of the publict; and sicklyk ordanis the said persouns, their arms, to be rent in dew form as effeirs and themselffis to be execut to death quhensoevir they or any of them shall be apprehendit. Thairfoir the saidis estaits of parliament have ratified and approvine and doe heirby ratifie and approve the foirsaid decreit in the whole heids, articls, clauses and circumstancis of the samyne eftir the forme and tennor therof in all poynts.
[1649/5/410]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking into thair consideratioun ane gift grantit be Sir Archibald Jonstoun of Waristoune, knight, lord clerk register, in favors of Mr Johne and Mr David Hays of thair places and offices as clerks to the sessioune and parliament, quhairof the tennor followis: Be it kend till all men be thir present letteres, me, Sir Archibald Johnstoun of Waristoune, knight, clerk of his hienes register, counsall and rollis and ane of the senators of the college of justice, for divers guid respects and consideratiouns moveing me, to have maid, constitut and ordainit and be the tenor heirof makis, constituts and ordanis Mr Johne Hay of Haystoune, sone to Andro Hay, writer to the signet, and Mr David Hay of Woodcokdaill, sone to umquhile Mr Johne Hay of Kennet, conjunctlie and severallie, the langest liver of them tua during all the days of either of their lyftyms, deputs to me and my successors and clerks of the counsall and sessioune in that thrid place and office of clerkschip thairof unremovable, whilk wes possest of befoir by Mr Williame Hay, sone to Sir Johne Hay of Baro, and is now vaikand in my handis and at my gift and dispositioun by the depositioun of the said Mr Williame Hay from the said office by vertew of a sentence of the committie of estaits of the dait the [...] day of [...] or by any uther maner of way the samyne may vaik. Giving, granting and disponing to the said Mr Johne Hay and Mr David Hay, conjunctlie and severallie during all the days of either of their lyftyms and the langest liver of them tua unremovable, the foirsaid thrid place and office of clerkschip with the haill fies, dewties, casualities, fredoms and commodities thairof and haill privilledgis perteining thairto sicklyk and als frielie in all respects as the said Mr Williame bruikit and usit the said office of befoir, or any uther clerk of sessioun hes bruikit and possest the lyk office in any tyme bypast, and that als weill in parliament and sessioun as in the keiping and searching of the registers and buiks thairof, and utherways dischairging the said office in all respects as apperteins frelie, quyetlie, weill and in peace, bot any revocatioun, obstacle, impediment or againe calling whatsumever, begining the said Mr Johne and Mr David Hays, their entrie, at the day and dait of their presents, and theireftir to be bruikit and joysit be them as is abonewrittin. In witnes quherof, I have subscribed thir presents with my hand (writtin be James Scot, servitor to Mr Andro Ker, toune clerk of Edinbrugh) at Restalrige, the nynt day of May the yeir of God jM vjC and fourtie nyne yeirs befoir thir witnesses, Sir Johne Cheislie of Carswell, the said Mr Andro Ker, Thomas Jaffray, writter in Edinburgh, and the said James Scot. Sic subscribitur, A. Johnstoune, clericus registri, A. Ker, witnes, T Jaffray, witnes, J. Scot, witnes. Thairfoir the saidis estaits of parliament have ratified and approvine and doe heirby ratifie and approve the foirsaid gift in the whole heids, articls, clauses and circumstancis of the samyne eftir the form and tennor therof in all poynts.
[1649/5/411]*[print] [email] [cite] [preceding] [following]
The estaits of parliament now presentlie conveined have ratified and approvine and doe heirby ratifie and approve the letteres of gift grantit be Major Andro Abernethie, commissar of Lauder, to James Wright, servitor to Mr Hary Hay, commissar clerk of Edinburgh, of the dait the tuentie fourt day of Julii lastbypast, quhairby the said commissar of Lauder hes nominat and appoyntit, constitut and ordanit the said James Wright clerk of the said commissariat of Lauder during all the dayis of his lyftyme (vacand be depositioun of Francis and Johne Wilkisons, lait clerks thairof), with full power to the said James Wright to sitt in court and doe all things requisit and necessar anent the said office sicklyk and als frielie in all respectis as any uther clerk, his predicessors in the samyne office, hes or might have done in any tyme bygane, and be quhilks letteres of gift the said commissar gave, grantit and disponit to the said James all the days of his lyftyme all fies, casualities and priviledgis belonging to the said office, with powar also to him to elect, nominat and appoint his awine deputs to exerce the samyne office during his absence, for whom he shall be anserable, as the saids letteres of the dait abonewrittin at mair lenth beirs, in all and sundrie poynts, articles and clausses thairinconteinit eftir the forme and tennor thairof; and declairs and ordanis that this present ratificatioun of the saids letteres of gift is and shalbe als good, valid and sufficient in all respects as [if] the samyne letteres of gift wer at lenth and word be word insert and ingrost heirintill, dispensing heirby with the not inserting thairof in this present ratificatioun. Lykas the saidis estaits of parliament be thir presents statute and ordaine that the foirsaids letteres of gift and this present ratificatioun thairof are and sall be sufficient richts and securities to the said James Wright for bruiking and joysing of the foirsaid richt and office of clerkschip of the said commissariat of Lauder during all the dayis of his lyftyme sicklyk and als frielie in all respectis as any uther clerk, his predicessors in the said office, hes done or myt have done in any tyme bygane; and for that effect, dischairgis all uthers to trouble or molest the said James Wricht or his deputs in the peacable bruiking, joysing and exercing of the said office and uplifting the fies and casualities thairof and disposing therupon at his pleasor.
[1649/5/412]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking into thair consideratioun ane gift grantit be Sir Archbald Jonstoun of Waristoun, knicht, lord clerk register, in favors of Mr James Scot of his place and office as clerk to the sessioun and parliament, quherof the tennor followis: Be it kend till all men be thir present letteres, me, Sir Archibald Johnstoune of Waristoune, knicht, clerk of our soverane lord's register, counsall and rollis, ane of the senators of the colledge of justice and present president thairof, forsamikill as Sir Williame Scot of Clerkingtoune, knyght, ane of the ordinar clerkis of sessione, is nominat to be ane of the lords thairof, quhairby he will be removable fra the said office of clerkship, the saids tua places being inconsistent in ane persone, and the qualificatioun and abilitie of Mr James Scott of Boningtoune, his brother, for useing, exercing and dischairging of the said Sir Williame, his cler[k]ship and place, he being brought up and servit his brother thairin this long tyme, with the said Mr James, his guid behavior and inclinatioun being sufficientlie and noturlie knowine to me, thairfoir to have maid, constitut and ordainit and be thir presents makis, constituts and ordanis the said Mr James Scot my deput and clerk of counsell, sessioun and parliament in that thrid place and office of clerkship thairof quhilk wes possessed of befoir be the said Sir Williame Scot, his brother, now vaiking in my handis be the dimissioun of the said Sir Williame, his advancment to the place of ane ordinar lord of sessioun. Givand, grantand and disponand to the said Mr James Scot during all the days of the said Sir Williame Scott, his lyftyme, allenarlie the foirsaid thrid place and office of clerkship of sessioun and parliament with the full exercise and haill fies, dewties, casualities, freidoms and commodities thairof and privilledgis and benefeit of the samen, to be bruikit and usit be the said Mr James sicklyk and alse frielie in all respectis as the said Sir Williame bruikit and usit the said office of befoir or as any uther clerk of sessioun presentlie bruiks or hes bruikit and usit the said office in tyme bypast, and that alsweill in parliament and sessioune as in keiping and searching of the registers and buiks therof, and utherwayis in dischairging of the said office and in all respects as apperteins frielie, quyetlie, weill and [in] peace, but any revocatioun, obstacle, impediment or againe calling whatsumever, beginand the said Mr James, his office, to the entrie therof at the day and dait of thir presents, and thaireftir to be bruikit and usit be him as is abonewrittin. Desyring heirby the lords of sessioune to tak the said Mr James, his oath de fideli administratione in the said office and that the samyne may be enacted in the buiks of sederunt and authorized with all solemnities requisit. In witnes quhairof, I have subscribed these presents (writtin be Williame Fullertoun, servitor to the said Sir Williame Scot) with my hand att Edinburgh, the sevint day of Junii jM vjC fourtie nyne yeirs befoir thir witnesses, Mr Androw Ker, toune clerk of Edinburgh, inserter of the dait and witnesses nams, Mr Mongo Murray, my servant, and George Richardsone, servitor to the said Mr Andro Ker. Sic subscribitur, A. Jhonstoune, clericus registri, A. Ker, witnes, Mungo Murray, G. Richardsone, witnes. Thairfoir the saidis estaits of parliament have ratified and approvine and doe heirby ratifie and approve the foirsaid gift in the haill heids, articls, clauses, circumstancis and poynts of the samyne eftir the form and tennor thairof in all poynts.
[1649/5/413]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking into thair consideratioun ane gift grantit be Sir Archibald Jonstoun of Waristoun, knicht, lord clerk register, in favors of Mr James Balfour of his place and office as clerk to the session and parliament, quhairof the tennor followis: Be it kend till all men be thir present letteres, me, Sir Archibald Johnstoun of Warristoun, knicht, clerk of our soverane lord's register, counsall and rollis, for divers good respectis and consideratiouns moving me, to have maid, constitut and ordainit, lykas I be the tennor heirof, for me and my successors, mak, constitut and ordaine Mr James Balfour, advocat, during all the dayis of his lyftyme my deput and clerk of the counsall and sessioun and parliament in that thrid place and office of clerkschip unremovable quhilk wes possest of befoir be Sir Johne Gibsone of [...], and is now vaikand in my hand and at my gift and dispositioune through the depositioun of the said Sir Johne by vertew of a sentence of the committie of estaits of the dait the [...] day of [...] last by past. Giveing, granting and disponing to the said Mr James Balfour during all the dayis of his lyftyme unremovable the foirsaid thrid place and office of clerkship with the haill fies, fredoms, dewties, casualities and commodities therof and haill privilledgis belonging thairto sicklyk and als frielie in all respects as the said Sir Johne Gibsone bruikit and usit the said office of befoir or any uther clerk of sessioun presentlie bruikis or hes bruikit and possessed the said office in any tyme bypast, and that alsweill in parliament and sessioun as in keiping and searching of the registers and books thairof, and utherwayes dischairging the said office in all respects as apperteins frielie, quyetlie, weill and in peace, but any revocatioun, obstacle, impediment or againe calling whatsumever weill and in peace, beginand the said Mr James, his entrie to the said office, at the day and dait of thir presents, and thaireftir to be bruikit and joysit be him as is abonewrittin. In witnes quhairof, I have subscribed thir presents with my hand (writtin be James Scot, servitor to Mr Andro Ker, toune clerk of Edinbrugh) at the said brugh of Edinbrugh, the first day of Junii the yeir of God jM vjC fourtie nyne yeirs befoir thir witnes, Sir Johne Cheisly of Kerswall, the said Mr Andro Ker and the said James Scot. Sic subscribitur, A. Jhonstoun, clericus registri, J. Cheislie, witnes, A. Ker, witnes, J. Scot, witnes. Thairfoir the saidis estaits of parliament have ratified and approvine and doe heirby ratifie and approve the foirsaid gift in the haill heids, articls, clauses and circumstances of the samyne eftir the form and tennor therof in all poynts.
[1649/5/414]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, now presentlie conveined in this thrid sessioun of the second trienniall parliament, ratifies and approvis the chartors, infeftments and richts respective eftirspeit, viz: ane chartor and infeftment grantit be his maties umquhill grandfaither King James the sext of blissed memorie, under the great seill, to his maties lovit Andro Hay of Haystoune, designit thairin eldest lawfull sone and appeirand air of umquhill Johne Hay, brother german to umquhile Thomas Hay of Smithfeild and servitor to James Kinneir, writer to the signet, and to the airs maill of the said Androw's awine bodie, whilks failzing, to the uther persouns thairinspeit, and to thair airs maill and assignis whatsumever heretabillie, of all and sundrie the lands and crofts lyand contigue neir about the croce kirk of Peibls, with the doucat thairof, houses, biggings, yairds, orchards, tries growing theron, toftis, croftis, outsetts, pairts, pendicls and all thair pertinents, and als of all and haill the landis callit King's Meddows, with the lands and meiddows thairof and all thair pertinents boundit in maner speit in the said chartors, all lyand within the shirefdome of Peibles, to be haldin of his matie and his successors in few ferm and heritage, givand thairfoir yeirlie the soume of aucht pundis, sex shillings, aucht pennys money of Scotland as the old dewtie conteinit in the old rentall thairof, with fourtie pennys money yeirlie in augmentatioun of the rentall at tua terms in the yeir, Witsonday and Mertimes in winter be equall portiouns in name of few ferm and doubleing of the few [dew]tie the first yeir of the entrie of everie air to the saidis landis and uthers foirsaidis as use is of few ferme, in maner speit in the said chartor, quhilk is of the dait at Halyrudhouse, the threttine day of Mairch jM vjC and tuo yeirs. Item, ane uther chartor grantit be his maties umquhill father King Charles the first of blissed memorie, under the great seill, to the said Andrew Hay, than designit writter to his maties signet, in lyfrent, and to Mr Johne Hay, his eldest laufull sone, and his airs maill and assignis heretabillie and irredeimablie, of all and haill the landis of Hendirsone of Newbie and these pairts and pendicls of the saides landis of Hendirsone callit Scheillneis, Lauderbank and Deidsyd, with the mylne of Henderstoun, mylnlandis, multurs and sequells thairof, maner place, houses, biggings, yairds, orchyairds, woodis, fishings, outsettis, toftis, croftis, annexis, connexis, tenents, tenendries, service of frie tennents, pairts, pendicls and pertinents thairof whatsumever, lyand within the said shireffdome of Peibls; and als of all and sundrie the landis and forrest place of Glenfaxis and both halffis thairof whilks perteinit of old to Johne Elphingstoun of Hendirstoun, umquhile Alexander Horsbrugh of that ilk and umquhile Philip Scot of Dryhop, with all and sundrie thair houses, biggings, yairds, muirs, marressis, meddowis, pasturis, pairts, pendicls and all thair pertinents whatsumever, lyand within the shirefdome of Selkirk, all erected in ane frie baronie callit the baronie of Haystoune; conteining also ane gift de novo damus and diverse uthers liberties and priviledgis to be haldin of his matie and his successors for payment of the fewdewties and uther dewties, richts and services respective mentionat in the said chartor and infeftment, which is of the dait at Edinbrugh, the nynt day of Mairch jM vjC fourtie thrie yeirs, togidder with the precepts and instruments of seasing following upon the saidis chartors. Item, ane uther chartor conteining precept of seasing grantit be the said Androw Hay to the said Mr Johne Hay and his airs maill and assignis herretablie and irredeimablie of all and haill these pairts of the midow and soums of gras belonging to these pairts and portiouns of landis lyand in Whytstainehill, Flures and Bordellhauch and Phairnie Hauch, and to the samyne landis, with the pertinents, to be haldin of umquhile Johne Cuninghame of Drumquhassill and his airs and successors in maner speit in the said chartor, whilk is of the dait at Edinburgh, the aught day of Mairch jM vjC and fourtie fyve, with the instrument of seasing following thairupon. Item, ane uther chartor conteining precept of seasing grantit be the said Androw Hay to the said Mr Johne Hay and his airs maill and assignis heretablie, of all and haill ane anuellrent of fourscoir ten pundis usuall money of Scotland yeirlie, to be upliftit and takin at Witsonday and Mertimes be equall portiouns furth of all and haill the lands of Ballcomy, with pairts, pendicls and all thair pertinents or furth of any pairt thairof, lyand in the constabularie of Carraill and shirefdome of Fyff, to be haldin of Sir James Leirmonth of Balcomy, knyght, and his airs and successors in maner speit in the said chartor, quhilk is of the dait at Edinbrugh, the said aucht day of Mairch jM vjC fourtie fyve yeirs, with the instrument of seasing following thairupon. Item, ane contract maid and past betuix the said Androw Hay of Haystoun on the ane pairt and the said Mr Johne Hay, fear thairof, his eldest sone, on the uther pairt, of the dait at Edinburgh, the said aucht day of Mairch jM vjC fourtie fyve yeirs, whairby the said Andrew sauld and disponit to the said Mr Johne Hay, his sone, and his airs maill and assignis whatsumever heretabillie and irredeemablie these, his pairts and portiouns abonespeit of his landis in Whytstaine Hill, Fluirs, Bordellhauch and Fairniehauch and medow and soums of gras belonging thairto and all thair pertinents lyand neir the brugh of Peibls within the shirefdome thairof, and of that pairt and portioun of his landis of Spittellhop, with houses, biggings, yairds, pasturagis and pertinents thairof, lyand within the said shirefdome of Peibls, and of the foirsaid anuellrent of fourscoir ten pundis yeirlie to be upliftit at Witsonday and Mertimes be equall portiouns furth of the foirsaidis lands of Balcomy, with the pertinents thairof or any pairt of the samyne lyand as said is undir reversioun, and to be haldin and with warrandice in maner speit in the said contract; togidder with ane renunciatioun grantit be the said Andrew Hay of his lyfrent of the saidis lands and baronie of Haystoun, with the pertinents, in favors of the said Mr Johne Hay, his sone, and his foirsaidis in maner thairin speit, of the dait the said aucht day of Mairch jM vjC fourtie fyve yeirs, registrat be Mr Francis Hay at Edinburgh, the sexteine day of Apryll the said yeir, in all and sundrie heids, articls, clausis and circumstances of the foirsaids chartors, infeftments, contract and renunciatioun and rights respective foirsaid whatsumever; and wills and grants and als decerns and ordanis that the foirsaid ratificatioun sall be als valid, effectuall and sufficient to the said Andrew and Mr Johne Hayis and thair foirsaidis as if the saidis chartor, precepts and instruments of seasing, contract and renunciatioun respective foirsaid wer word be word exprest heirin, albeit the samyne be not sua done quhairanent; and with all defectiouns and imperfectiouns that may follow thairupon or that may be movit aganis the samyne, the saidis estaits of parliament hes dispensit and be thir presents dispensis for evir; and disolvis sua many of the saidis landis and uthers foirsaidis as wer annexit to the croune or perteinit to whatsumever benefices of befoir from the croun and patrimonie therof, and fra all actes of annexatioun annexing the samyne or any pairt thairof thairto, and als fra all benefices, erectiouns and uthers whairunto they belongt or wer annexit to of befoir; and givs, grants and disponis the samyne to the said Mr Johne Hay and his foirsaidis to be haldin of the imediat laufull superior of the samyne; and, if neid beis, ordanis ane new infeftment to be exped heirupon in dew form. And als wills and grants, ordanis and declairs that the foirsaidis chartors, infeftments and richts respective foirsaid sall be guid, valid, effectuall and sufficient richts and titills to the said Mr Johne Hay and his foirsaidis for enjoying, bruiking and possessing of the foirsaidis landis, baronie and uthers respective abonewrittin heretablie and irredeimablie in all tyme coming, and of the foirsaid annuellrent during the not redemptioun therof, notwithstanding of whatsumever act, statut or objectioun maid or to be maid in the contrair.
[1649/5/415]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, taking into thair consideratioun ane gift grantit be Sir Archibald Jonstoun of Waristoun, knyght, lord clerk register, in favors of Mr Johne Kinneir of his place and office as clerk to the bills, quhairof the tennor followis: Be it kend till all men be thir present letteres, me, Sir Archibald Jonstoun of Waristoun, knicht, clerk of our soverane lord's register, counsall and rollis and on[e] of his maties privie counsall, having assurance of the honestie, sufficiencie and abilitie of Mr Johne Kinneir, writer in Edinbrugh, for useing and exerceing of the office eftirspeit for serveing of his maties leidges thairin as apperteins, thairfoir, and for uther respects and consideratiouns moveing me, to have givin, granted and disponed and be thir presents give, grant and dispone to the said Mr Johne Kinneir during the space of thrie yeirs nixt and immediatlie following the dait of thir presents allenarlie all and haill that office of ordinar clerkship befoir the lordis of counsall and sessioun to the delyvering of all bills, supplicatiouns, processes of apprysing, allowing and recording thair of bills of suspensioun, bills of lowsing of arreistment and uthers whatsumever to be represented to the saidis lords and delyvered and allowed by them, and to the receaving of all cautioners and soums of money offered to be fund and consigned for satisfieing of the saidis lords delyverance of the saidis bills and suplicatiouns, with all fies, dewties, casualities, priviledgis and commodities whatsumever in any wayis perteining and belonging or that may perteine and belong to the said office or is requisite thairanent, or whilk hes bein formerlie possessed be any uther clerk in tyme bygone, now vaiking in my hands and being at my gift and dispositioun as his hienes clerk of register foirsaid through the dimissioun of Mr George Gibsone of Bowffie, last clerk and possessor of the said office, or be whatsumever uther maner of way the samyne vaiks, to be haldin all and wholl the said office of ordinarie clerkship with all the fies, cassualties, priviledgis [and] comodities belonging thairunto be the said Mr Johne Kinneir during the said space of thrie yeirs and no longar, [to] receive all bills, supplicatiouns, processes of apprysing and uthers desyrit to be givin in to the saidis lordis of sessioun be whatsumever persoun or persouns and to present and reid the samyne, writt the delyverances thairupon, conform to the saidis lords command and directioun, receave all maner of cautioun and soums of money offired to be fund and consigned for obedience thairof and to form bookis and extract all acts of catioun and consignatioun requisit to that effect, alsweell these allreadie registrat and conteinit in old books of the register of the said office as these now to be maid and insert be the said Mr Johne Kinneir in the new registere books thairof, receive, intromett with and uptak all and sundrie fies, dewties and casualities pertaining thairto, bruik, injoy and use whatsumever privilledgis belonging to the said office sicklyk and alse frielie in all respectis as the said Mr George Gibsone or any uther, his predicessors clerks in the said office, bruikit and usit the samyne. Requisting also the lordis of counsall and sessioun to admitt the said Mr Johne Kinneir to the said office for the said space of thrie yeirs allenarlie, and to receive his oath for leill and trew useing and exerceing thairof, and to authorize him with your testimony all thairupon as use is. It being allwayis declairit and provydit that immediatlie eftir the expyreing of the saidis thrie yeirs nixt following the dait heirof, this present gift and admissioun of the said Mr Johne Kinneir following thairupon sall be voyd and expyr ipso facto, and the said clerkship, with all the fies, proffeits and priviledgis thairunto belonging, to be at my and my succesors in the said office as clerk registere, our disposing, als frielie and fullie as if the said gift had nevir bein grantit. In witnes whairof, I have subscribed thir presents with my hand (writtin be James Scott, servitor to Mr Andro Ker, towne clerk of Edinbrugh) at the said brugh the tuentie day of Apryll jM vjC and fourtie nyne yeirs befoir thir witnesses, the said Mr Andro Ker, Mr Mongo Murray, my servitor, and the said James Scot. Sic subscribitur, A. Jhonstoun, clericus registri, A. Ker, witnes, Mongo Murray, witnes, J. Scot, witnes. Thairfoir the saidis estaits of parliament have ratified and approvine and doe heirby ratifie and approve the foirsaid gift in the haill heidis, articls, clauses and circumstancis of the samyne eftir the form and tennor thairof in all poynts.
[1649/5/416]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, now presentlie conveined in this thrid session of the second triennial parliament, hes ratified and approvine and be thir presents ratifies and approvis the letteres of gift grantit be umquhile King James the sext of worthie memorie to Sir James Carmichall of that ilk, knyght barronet, designet thairby James Carmichall, ane of the ordinar fewars to his maties umquhill darest father, then prince of Great Britane, of ane yeirlie pensioun of tuelff hundreth pundis money of Scotland to be payit out of the reddiest of his maties rents and casualities of exchecker of this kingdome at tua terms in the yeir, Witsonday and Mertimes, beginand the first terms payment at Witsonday in anno jM vjC and fyftine yeirs, and sua furth yeirlie and termlie during the said Sir James, his lyftyme, quhilk gift is of the dait the ellevint day of Apryll the said yeir of God 1615; togidder with ane uther lettere of gift grantit be his maties umquhile darest father of worthie memorie of the dait the tuentie thrid day of December 1635 yeirs, quhairby his matie gave, grantit and disponit to the said Sir James Carmichall during his lyftyme ane pensioun of tuo thousand merks Scottis yeirlie to be upliftit furth of the first and reddiest of his maties rents and casualities of the said kingdome at Witsonday and Mertimes be equall portiouns, begining the first terms payment thairof at Mertimes in the said yeir of God 1635 yeirs and sua furth yeirlie and termlie during the said Sir James, his lyftyme; and siclyk ane uther lettere of gift grantit be his maties said darest umquhile faither of worthie memorie of the dait the tuentie day of December 1639, quhairby his matie gave, grantit and disponit to the said Sir James Carmichall (designit thairby his maties thesaurer deput during all the dayis of his lyftyme) all and haill ane yeirlie pensioun of tuo hundreth pundis sterling yeirlie to be upliftit at the saidis terms of Witsonday and Mertimes out of the first and rediest rents, dewties and casualities belonging to his matie within the said kingdome of Scotland, begining the first terms payment thairof at the terme of Mertimes 1636 yeirs and sua furth yeirlie during the said Sir James, his lyftyme, as the saidis thrie letteres of gifts of the daits abonewrittin givin under the privie seill of the said kingdome mair fullie beirs. And als hes ratified and approvine and be thir presents ratifies and approvis the letteres of assignatioun maid be the said Sir James Carmichall to and in favors of the said Sir Daniell Carmichall of Hyndfuird, knyght, his sone, thesaurer deput to his matie of the said kingdome of Scotland, of the dait the tuentie thrid day of Mairch jM vjC fourtie nyne yeirs, insert and registrat in the buiks of exchequher upon the samyne day, moneth and yeir, quhairby the said Sir James Carmichall maid and constitut the said Sir Daniell, his airs and donators, cessiouners and assignis in and to the saidis thrie letteres of gift abonespeit and to the yeirlie pensiouns and soums of money abonewrittin thairinconteinit, extending yeirlie to the soume of four hundreth and ellevine pundis, tuo shillings starling money restand auchtand since the terme of Lambes jM vjC fourtie aucht yeirs, and to the samyne pensiouns yeirlie and termlie thaireftir during the said Sir James, his lyftyme, and surrogats the said Sir Daniell and his foirsaidis in the said Sir James, his full richt and place thairof for evir. Quhilk assignatioun, being upon the tuentie aucht of Mairch 1649 yeirs red, seine and considerit be the lords of exchecker, the samyne wes acceptit be the haill commissiouners thairof then present and ordainit to be registrat and ane authentick extract thairof to be givine to the said Sir Daniell Carmichall, thesaurer deput. Lykas the saidis lords ordainit ane recommendatioun to be maid to his matie, as they did recommend that his matie wold be pleasit to renew the gifts of the said soums in the persoune of the said Sir Daniell Carmichall, thesaurer deput, and that during his lyftyme in the same form and maner as the same wes possessed be his said father and cedent. And in the mean tyme, the saidis lordis of exchecker ordainit and allowit payment and satisfactioun to be maid conform to the assignatioun abonewrittin, or the thesaurer depute to reteine sua much in his awne hand as will be equivalent to the soums abone assignit, as the said assignatioun, with the admissioun thairof in exchecker and ordinance foirsaid maid thairanent, also mair fullie beirs, and that in the haill heids, articls, clauses and conditiouns of the saidis thrie letteres of gift and assignatioun, admissioun and ordinance maid thairanent abonementionat conceavit in favors of the said Sir James and Sir Daniell Carmichalls or aither of them. And wills and grants, lykas the saidis estaits of parliament statuts, decerns and ordanis that this present ratificatioun of the saidis thrie letteres of gift and assignatioun and admissioun abonespeit is and shall be als valid and sufficient to the said Sir Daniell Carmichall and his foirsaidis as if the samyne gifts and assignatioun, admissioun and ordinance maid in exchequher thairanent wer word be word and particularlie exprest and insert heirintill, quhairanent, and anent all uther imperfectiouns whilks any ways may be proponit or alledgit in the contrair or aganis the validitie of the saidis thrie severall gifts and assignatioun and admissioun abonespeit or this present ratificatioun thairof, the estaits of parliament hes dispenst and be thir presents dispensis for evir.
[1649/5/417]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, having hard and considderit the report of the committie of dispatchis anent ane addresse to be maid to his matie, quhairof the tennor followis: At Edinbrugh, the sevint day of August jM vjC fourtie nyne yeirs. The committie of dispatchis thinks fitt, first, that ane addresse be maid from the parliament to the king as a further testimonie of ther faithfulnes and loyallitie, the good of religioun, his maties honor and happines and the saiftie and prosperitie of his kingdoms. Secondlie, that ane lettere be writtin to his matie from the parliament for that effect, bearing dait this day, and that it be signed by the lord chancellor in the behalff of the parliament; that on[e] be appointit to goe with this from the parliament to the king's matie and that such instructiouns as are fitt to be givin unto him upon the former grounds be referrit to the committie of estaits, to whom the parliament should recommend his speedie dispatch, as the said report beirs. The said estaits of parliament doe approve the report abonewrittin and doe heirby nominat and appoint Mr George Winrahame of Libertoun, ane of the senators of the colledge of justice, to be the persoune who sall be sent to the king's matie, and doe remitt to the committie of estaits to heir any reassonable excuse from him why he sould not goe; and appoints the said committie to communicat the contents of ther letteres and instructiouns to the commissiouners of the generall assemblie and advyse with them thairanent.
[1649/5/418]*[print] [email] [cite] [preceding] [following]
The estaits of parliament, now presentlie conveined in the thrid sessioun of the second trienniall [parliament], ratifies and approvis all former acts of parliament maid in favors of Sir James Hope of Hoptoune, knicht, anent the mending, repairing and priviledge of the hiewayis leiding [from] the heid brughs and these seaports of this kingdome, Edinbrugh and Leith to Leidhills and to Carrick, Galloway and Nidsdaill, and speciallie (but prejudice of the generaltie foirsaid) the act of parliament daitit the tuentie sext of Mairch jM vjC and fourtie sevine maid in favors of the said Sir James, quhairby the saidis estaits of parliament declairit that the mending and repairing of the saidis hiewayis wes guid service to the publict and that it should be laufull to the said Sir James to cause mend and repair any whatsumever his maties hiewayis within the kingdome leiding to the heid brughs and seaports thairof, or from any toune, village or sea port to another, and speciallie the hieway leiding from the Leidhills to Leith or any of the samyne hiewayis, by breaking downe the heigh and filling up the hollow pairts thairof and calcyeing of the myrs and lairs thairin, and making of the samyne in lenth and competent breadth of tuelff foots streight, plaine and passable for coachis and cairts, and dischairgit his maties leidges from mollesting and impeding of the said Sir James, his servands, horse cairts in the doeing thairof or in the peacable use of his maties saidis hiewayis in tyme coming, and grantit authoritie of parliament to him to the effect foirsaid and for mending and repairing of the said hieway within the bounds perteining to the laird of Lamintoun in propertie or superioritie, or to James Baillie of Wallstounheid, Williame Baillie of Littillgill, Alexander Menzies of Culterallors and the bairns of umquhile James Menzies, portioner of Wolfclyd, Ronald Muir and Androw Jobsone, portiouners therof, and gave powar and commissioun to Sir James Carmichall of that ilk, knyght, and Sir Adame Hepburne of Humbie and certaine uthers speit in the said act to visit the said hiewayis and to approve thairof in sua far as is mendit and repairit, and what thairof wer unmendit, to give ordor and determine for mending thairof accordinglie, and to appoint the boundis and breadth of the saidis hiewayis as is befoir ordainit, but prejudice to the laird of Lamingtoun of his contraventiouns against the said Sir James prout de jure, and ordainit the saidis commissiouners to report to the lords of sessioun what they fand anent the saidis contraventiouns and but prejudice of ather of the saidis pairties, thair actiouns against uthers hinc inde, in maner speit in the said act. Togidder with the approbatioun of the saidis commissiouners, daitit the tuentie day of Appryll jM vjC fourtie sevine yeirs, whairby they approved the places of the said hie way betuix Lamintoun and to [...] and calsay of Bigger as they wer mendit be the said Sir James alreadie, and ordainit the samyne to be farder mendit at the foirsaid breadth throw the saids boundis, conform to the foirsaid act of parliament. Togidder also with the report of the saidis commissiouners, daitit the auchtein day of Maii jM vjC and fourtie sevine, concerning the said hieway from the toun of Lamintoun to the said Leidhill, quhairby they fand that the said Sir [James] had keiped the hieway in everie place thairof and gave libertie to him to mend the said hieway at Littillgill at his pleasor, and fand that thair wes one way be ocular inspectioun which had formerlie gone along the north syd of the wattir of Glengouar [in] the landis of Lettir Shawis, bot that the said wattir had worne upon the brae hes maid that way unpassible unles it be maid throw the medow and arrable land and within a dyk of Lettir Shawis; and sicklyk fand that betuixt the saids wayis thair wes severall rodis, some goeing up at on[e] place of the brae and some at another, amongst the which rods the said Sir James, his cairts, hes come away betuixt the tuo wayis throw the sandbeds of the wattir and up the brae of Lettirshawis, and thairfoir the saidis commissiouners appointit the said way whair the saidis cairts had gone alreadie to be the constant way heireftir; and approved all the said Sir James, his mending of the said hie way to and from the said Leidhills, conform to the foirsaid commissioun, and gave powar and commissioun to him to beit and repair the samyne, keipand the tract and tuelff foot of breadeth throw the foirsaid haill way. Togidder with the lordis of counsall and sessioun, thair approbatioun of the said report, quhairby they did approve the samyne, interponed authoritie therto, daitit the auchtein day of Julii jM vjC and fourtie nyne yeirs, togidder with the instrument upon the foirsaid approbatioun takin be the said Sir James Hope in the handis of Johne Lowristoun, notar publict, whairin the said first pairts of the approbatioun and report and uther particulars found and ordainit be the saids commissiouners the said first day of thair visitatioun is verbatim ingrossit, daitit the tuentie of Apryll jM vjC and fourtie sevine yeirs, in the haill heids, articls, clauses and circumstancs thairof, and wills the samyne to have the force and full strenth of acts of parliament in all tymecoming. And the estaits of parliament decerns and ordains that the foirsaid ratificatioun salbe als valid and sufficient to the said Sir James Hop and his foirsaidis as if the said act of parliament heirby ratified, approbatioun and report of the saidis commissiouners and approbatioun of the saidis lordis of sessioun and instrument abonewrittin wer word be word heirin exprest, albeit the samyne be not sua done, quhairanent and with all that may follow thairupon the saidis estaits of parliament hes dispenst and be thir presents dispenses for evir, and of new givs powar, warrand and authoritie of parliament to the said Sir James Hope to mend and repair the saidis hiewayis which are not yit mendit and repairit, conform to the foirsaid first act of parliament.
[1649/5/419]*[print] [email] [cite] [preceding] [following]
At Edinburgh, the seaventh day of August jM vjC fourtie nyne yeares. The estates of parliament, now presently conveined in the thrid session of this second trienniall parliament, haveing considered the act of parliament on the twelfth of March last removeing the Lord Warristoun from the office of being the king's majesties advocat to the office of being clerke of register, and the act of parliament on the sixtenth day of March last confirmeing the two former gifts from his majestie of his two pensions, amounting to foure hundreth pound sterling by yeare to him dureing all the dayes of his lyfetyme, and his acts of exchequer and ratifications in parliament thereof, and ordaineing him, because of his bygone faithfull service to this kingdome, to be duely and exactly payed thereof for all the dayes of his lyfetyme, whether he be in any publict place or not. The saids estates, being desyrous to prevent all mistakes and objections that may aryse by his removeall from one place to another or by any occasion of his being out of publique places or imployments, and intending to secure these pensions of foure hundreth pounds sterling yearelie to him dureing all the dayes of his lyftyme, and that because of his bygone faithfull service and great paines taken and losses of his privat fortune sustained therein, therefore they doe renew and confirme the two forsaids gifts and acts of parliament of the twelfth and sixtenth of March last in all the heids and articles thereof, and declares of new that the said two pensions of foure hundreth pounds sterling shall be continuallie and exactlie payed to the said Lord Waristoun dureing all the dayes of his lyftyme, whether he be in publict imployments or out of them, and desires him to rest upon this as the publict surety of this kingdom thereby engadged to him; and requyres the commissioners of the thesaurarie and thesaurer deputs and theire successors in theire offices, the lords of exchequer, the receavers of his majesties rents and all others whom it concernes to be carefull according to theire severall interests that the same be really performed to him dureing all the dayes of his lyftyme, and that they secure him theranent by any warrand or localitie that may give him full satisfaction anent the assured and continuall payment thereof.
[1649/5/420]*[print] [email] [cite] [preceding] [following]
[1649/5/421]*[print] [email] [cite] [preceding] [following]
7 August 1649
The estates of parliament, now presently conveened in this third session of the second triennall parliament, considering that in this present session of parliament there are some particular acts and acts of ratification made in favours of particular persons, which may be prejudiciall to the parties having interest and not heard, albeit the meaning of the estates [be] at this time, as it was ever in all preceding parliaments, that by no particular act or act of ratification granted to any particular person any other party should be hurt or prejudged of their lawfull rights and defences competent to them of the law. For remedy whereof, it is statute and ordained that no ratification or other particular act whatsomever made in favours of any particular person in this present session of parliament be prejudiciall to any other parties rights or defences competent to them of the law, but the saids particular acts and acts of ratification as made in favours of particular parties be always understood salvo jure cujuslibet.
[1649/5/422]*[print] [email] [cite] [preceding] [following]
7 August 1649
The estates of parliament, now presently conveened in this third session of the second triennall parliament, continues this present parliament and all matters belonging thereto which are not committed or remitted respective to the committee of estates of parliament, or to other commissioners of parliament, or to the lords of session, while the first Thursday of March 1650 years; at the which day ordains the whole estates to be present to attend at Edinburgh, or where it shall happen the committee of estates foresaid or quorum thereof to appoint; and ordains the whole acts and statutes made and concluded in this session of parliament to stand and have the force and strength of acts of parliament conform to the tenours thereof siclike as any acts and statutes of any preceding parliaments in any time by-gone.