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Remitt anent the garisone of Stirling†
Att Perth, the last day of March jM vjC and fiftie ane yeires. Our soverane lord and estaits of parliament, now presentlie conveened in this sevinth sessioun of this secund trienniall parliament, taking into there consideratioune ane desyre givin in to them be the officeris and souldiors of the garisone of Stirling, craveing that some effectuall course may be taken for payment to the officeris for the thrie bygane monethis pay auchtand to them. Quhilk being taken into consideratione be our soverane lord and the saids estaittis of parliament, they find the desyre therof just and ressonable, and therfore doe remitt and earnestlie recomend to the comittie for the armie to tak in consideratioune the thrie monethis pay dew to the garisone of Stirling befoire ony other bussienes, with power to them to tak any effectuall course for there speidie satisfactione and to determine therein as they shall think fitt.
Extract, M[r] David Hay†
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Ultimo Martii 1651
Act ordaineing ane monethes mantenance to be payed be the wholl schyres of this kingdome for his maties wse
Att Perth, the last day of March jM vjC and fiftie ane yeiris. Our soverane lord and estaits of parliament, now presentlie conveened in this sevinth sessioun of this secund trienniall parliament, for wechtie and great considerationes moveing them, have ordained and ordanis ane full inteir monethis manteinance to be payed by the wholl schyres of this kingdome, to be imployed for his maties wse, and that by and attor all impositiones imposed preceiding the day and dait heirof, and ordanis the same to be payed to the collectors appoynted for ingaddering theroff within eight dayes eftir intimatione of the act to the severall committies of war in the severall schyres, with certeficatione that such as are deficient in payment thereof shalbe quartered upon. Lykeas his matie and estaits forsaids grantis warrand to the neirest adjacent troupes or regiments to quarter upon thaise who shal happin to be deficient in payment of there just proportiones theroff. Which monethis manteinance being collected and ingaddered, ordanis the same to be delyvered to the thesaurer deput or the receaveris of his maties rents for his maties wse.
Extracted furth of the recordis of parliament be me, M[r] David Hay
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Ultimo Martii 1651
Act anent collecting of ane hundreth and eight thowsand punds imposed upon the severall schyres
Att Perth, the last day of March jM vjC and fiftie ane yeiris. Our soverane lord and estaitis of parliament, now presentlie conveened in this sevinth sessioun of this secund trienniall parliament, for the more speidie inbringing of the ane hundreth and eight thowsand pund which was imposed by act of parliament wpon the kingdome in the moneth of [...] jM vjC and fiftie yeiris for defraying the kingis maties journey from Holland to this kingdome, doe heirby give ordor, warrand and command to any officeris of horse and foott to quarter upon the committies of war of the severall schyres of this kingdome refuseing or delaying to lay on thair proportiones of the sowme forsaid wpon the heritors and otheris lyable in payment of the samyne, and to delyver the rolls to the collector within eight dayes eftir intimatione of thir presentis to the saids committies of war. And siclyke to quarter upon the collectors within the severall schyres, they refuseing or delaying to collect according to the saids rolls sett doun be the committies of war within eight dayes eftir delyverie of the same to them. And farder to quarter upon the wholl deficients in payment of there proportiones within fyfteine dayes eftir publict intimatione to be maid to them for payment of there proportione of the soume of ane hundreth and eight thowsand punds money forsaid.
Extracted furth of the recordis of parliament be me, M[r] David Hay
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Remitt of the process aganis Colonell Strachan and uthers to the comittie of estates
Att Perth, the last day of March jM vjC fiftie ane yeirs. Our soveran lord and estates of parliament doe remitt all sumonds and processes depending before the parliament at the instance of his maties advocat againes Colonell Archibald Strauchane, Walter Dundas of that ilk, younger, Major Andrew Abernethie, Major William Johnstoun, Capitan William Govan, Johne Home, servitour to the laird of Dundas, and William Dundas, brother to the laird of Duddingstoun, to the comittie of estates in statu quo nunc, giving thame power, warrand and comission to discuss the relevancie and probation thairof and to decyde and determine therin als fullie in all respects as the parliament siting in pleno concessu could have done.
Extract furth of the records of parliament be me, M[r] David Hay
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King's advocat contra Colonel Straquhan and uthairs†
Charles, be the grace of God, king of Great Brittane, France and Irland, defendar of the faith, to our lovits [...], messingars, our shireffis in that pairt conjointllie and severallie, speciallie constitut greating. Our will is and we chairge yow that ye perremptorlie sumond, wairne and chairge Colonell Archibald Straquhane, Walter Dundas, younger, of that ilk, Major Androw Abernethie, Johne Swyntoun, younger, of that ilk, Williame Dundas, brothir to the laird of Dudingstoun, Leiutenent Williame Govane, Major Williame Jonstoun, laitlie in Collonell Arnot's regiment, and Johne Home, servitor to the said Walter Dundas, younger, of that ilk, be oppin proclamatioun at the mercat croce of our brugh of Pearth and att the croce, peir and schoir of our brugh of Bruntiland in maner following, viz: sua many of thame as schall happen to be within this our realme the tyme of thair citatioun upoun fourtie dayes wairning, and sua many of thame as schall happen to be furth thairof upoun thriescoir dayes wairning (which maner of citatiouns we and our comittie of estaits have declaired and be thir presentis declaires to be alse valied and sufficient as if the saids defendars wer summond personallie or at thair dwelling places and be oppin proclamatioun at the mercat croces of the heid brughes of the jurisdictiouns within the quhilk they dwell; or be oppen proclamatioun at the saids mercat croce of our burgh of Edinburgh, peir and schoir of Leith inrespect thair is not tutus accessus to thame or thair dwelling places or to the saids mercat croce of Edinburgh, peir and schoir of Leith being presentlie undir the publict enemies power) to compeir personallie befoir our estaits of parliament, or thair comittie of estaits, or athir of thame, quha schall be sitting for the tyme at Pearth, or quher it schall happen thame to be for the tyme, the tuentie fourt day of March nixtocum, with continewatioun of dayes, to answer att the instance of our trustie and familiar counsallor Sir Thomas Nicolsone, our advocat, for our entres in the actioune underwrittin.
That is to say the saids defendars to heir and sie it fundin, declaired, verified and proven in presence of our saids estaits of parliament, or thair comittie of estaits foirsaid, or athir of thame quha schall happin to be sitting for the tyme, that they have comitted the cryms of treason and uthers cryms, deids and malversatiouns underwrittin in maner and at the tyms eftirspeit, and to heir and sie it fundin and declaired that the saids defendars have incurred the paine and punishment of hich treason, and to heir and sie the sentence and dome of forisfaltour pronunced against thame for the same: that is forisfaltour of honour, lyf, lands, estait and goods, or uthir wayes to heir and sie thameselfis ordeand to be punished by death, or uthirwayes censured in thair persons, lands, goods, means, estait, name and fame by fyning, confyning or uthirwayes as our saids estaits of parliament or thair comittie of estaits foirsaids schall think fitt. With certificatioun to the saidis defendars if they compeir not personallie the saids day and place, our saids estaits of parliament or thair comittie of estaits foirsaid will proceid to tak tryall and cognitioune of the cryms of treasone and uthers cryms, deids and malversatiouns eftir exprest and to the pronunceing of the sentence and dome of forisfaltour against thame for the same: that is forisfaltour of honour, lyf, lands, estait and goods, or utherwayes to the punisching of thame by death, or uthir wayes to the censuring of thame in thair persons, lands, goods, means, estait, name and fame by fynning, confyning or uthirwayes as our saids estaits of parliament or thair comittie of estaits foirsaid schall think fitt, for the reassouns and causes following: in the first becaus be the commoun law, laws and acts of parliament and be all justice, conscience, equitie and reassone, all that ryse in airmes and concurre with the enemies of this kingdome for subduing of thair native cuntrie, all who fortifies and asistes the enemies and adversaries of this kingdome, all who keipes correspondence and intelligence with the publict enemies of this kingdome, and all who being entrusted with chairge in the airmie and forces of this kingdom and deserts thair charge and goes in to the comoun enemie and frequents and resorts in these places that ar under the enemies power, especiallie these that have seimed to joyne with ws and our good subjects in the covenant and in the league and covenant, and all who ar guyltie of the saids crymes, misdeids and malversatiouns, or any of thame, ar guyltie of treasone and incurres the paine and punischment of treasone and the paine and punischment of forisfaltour of lyf, lands and goods, or utherwayes they ar censurabill and punischabill in ther persouns, lands, goods, means and estait, name and fame be fynning, confynning or utherwayes as we and the saids estaits of parliament or thair comittie schall think expedient; all who being intrusted with the keiping of the castills of Edinburgh, Stirling or Dumbartane (whiche be the laws of this kingdome ar appoynted to be keiped for defence of the kingdome) and renders any of the saids castills without necessitie to the comoun enemie of the kingdome, lykas, be the aughteint act of the secund parliament of our umquhill darrest father of eternall memorie maid in anno jM vjC fourtie years, all those who ar intrusted with any power, chairge or office within our castills of Edinburgh, Stirling or Dumbartane, or any of thame, and does not imploy thair said power, charge and office alse far as in thame lyes for our honnor and saiftie and for the peice, saiftie, good and prosperitie of this our kingdome, and to the preservatioun and advancement of the trew reformed religioun therin presentlie establisched and profest, incurres the paine of treassone. And trew it is that the said Walter Dundas, younger, of that ilk, haveing beine intrusted be the comittie of estaits of parliament of this our kingdome with the keiping of our said castill of Edinburgh, the cheif strenth and fort of this our kingdome, and the said Major Androw Abirnethie, being also intrusted be the said comittie of estaits with the keiping of the said castill, as nixt in charge and office under the said Walter Dundas, and they being bund in dewtie to have imployed all the power, charge and service comitted to thame within the said castill for our honnor and saiftie and for the peace, saiftie, good and prosperitie of this our kingdome, and to the preservatioun and advancement of the trew reformed religioun therin presentlie establischt and profest, and albeit our said castill of Edinburgh was sufficientlie provydit with provissioun of victuall and ammunitioun to have halden out against the comoun enemie, yitt the said Walter Dundas, governour foirsaid, and the said Major Androw Abirnethie not only imployed not the power intrusted to thame in our said castill for the end and use afoirsaid, bot on the contrair dureing the tyme of thair keiping and holding our said castill and till the tyme that they traterouslie and perfidiouslie rendred the same to the commoun enemie now presentlie within this kingdome (whiche wes in in the moneth of December last jM vjC fyftie years), the haill tract of thair carriage hes beine a corresponding with the said publict enemie, a desisting to goe activelie about to use the power intrusted to thame against the said enemie, till in end they did perfidiouslie and traterouslie against the trust comitted to thame rander the said castill in the said moneth of December to the comoun enemie, in so far as the said Walter Dundas and Major Androw Abirnethie did not give ordors to the guners of the said castill to schoot at the enemies armie marcheing frome the west upoun the sexteint of October last quhen the said enemie was marcheing towards Leith by the north syd of the castill of Edinburgh, bot on the contrair the said Walter Dundas and Major Abirnethie did severall tymes forbid Thomas Bynning, gunner, to shoot any without his express command. Lykas the said Major Abirnethie, in the presence and hearing of the said Walter Dundas one day at the parrade, in the presence and hearing of the said Walter Dundas, did forbid that Thomas Bynning sould shoot any at any tyme thaireftir without express command frome the governors awin mouth. Lykas that night that the enemie brocht upe thair cannon to Robert Davieson's hous, the said Thomas Binning, guner, being laying some gunes to schoot at thame, and he haveing sent to the said Walter Dundas for ordors to shoot, the said Walter came himselff to the said Thomas Binning and dischairged him frome shooting till he wold give orders, telling him that thair was too muche shoot alreaddie and wisched the blood to be on his awin head. Lykas quhen Johne Home, servitor to the said Walter Dundas, was challenged for giveing intelligence to the enemie, and eftir he had confest the same and acknowledged ane lettir of intelligence casten over the castell wall to be his awin hand wreat, and eftir the ministers that wer in the said castell for the tyme had desyred that martiall law sould have beine execut upoun him, yet the samyne was not done. Lykas upoun the [...] day of December last in a publict conference amongest the officars and ministers in the castill, the said Walter Dundas and Major Abernethie declaired that they wold not act any more against the enemie and wold not awin the malignant intres. Be all whiche particulars, ther corresponding dayly with the enemie and thair desisting to act against the enemie is cleir, in quhilk course they continewed till about the twentie fourt of December last, thair being sufficiencie of provissioun of victuall and ammunitioun within the said castill, they delyvered over the samyne to the enemie, notwithstanding that the ministers who wer in the castill for the tyme did frequentlie dehorte thame therfra, and at last, not prevailling, did give in a protestatioun in wreitt against the same. In doeing quherof, the said Walter Dundas and Major Androw Abirnethie have comitted treassone against ws and the estaits of this our kingdome, and have incurred the paine and punischment therof: to wit forisfaltour of lyf, lands and goods. Lykas the said Johne Home, being within our said castill of Edinburgh befoir the samyne wes delyvered upe to the said enemie, and haveing gottin permissioun to goe out to the toun of Edinburgh with the said Walter Dundas, his childreine, he went of purpos to meit with Mr Douning, one of the enemies airmie, and ther, eftir discourse with him, the said Johne Home undertook to give him intelligence and to certifie him quhat was done in the castill of Edinburgh, and that he maid appoyntment with Mr Douning to cast his lettres of intelligence over the wall to the mouth of the enemies mynds. Lykas, in prosequutioun of his keiping correspondence and giveing intelligence to the enemie, as he had promeist, he did wryt thrie letteres of intelligence to the said Mr Douning and cast thame over the wall, quherby he gave notice to the enemie quhat ammunitioun wes spent and what was unspent within the castill, and desyred the said Mr Douning to give ane summonds to the said castill, affirmeing that the said Johne Home was confident that bissines wald goe weill with the said enemie within the castill. Lykas the said Johne Home gave intilligence to the said Mr Douning and told him of the number of the sojors within the castill, and that the powder lay in woults, and in quhat woults and houses the said powder lay, and gave certaine uther particular intelligence of the conditioun of the said castill, as is particularlie conteind in the said Johne Home, his depositioun and confessioun undir his awin hand, daitit the thretteint of December last, taikin in presence of Major Abirnethie, Captane Ker, Captane Henrysone, Thomas Kniblo, George Monro, Thomas Bynning and the haill ministers within the castill for the tyme, in quhilk confessioun the said Johne Home hes acknawledged a lettir beiring the intelligences abovewrittin fund castin over the castill wall to the enemie to be his awin hand wreat, wreattin be him upoun the sext of the said moneth of December, and that he cast it over the wall about ten hours of night. By which keiping of correspondence and giveing of intelligence to the enemie in maner foirsaid, the said Johne Home hes incured the paine and punischment of treasone: that is forisfaltour of lyf, lands and goods or utherwayes is censurabill and punischabill in his persone, lands, goods, means and estait, name and fame by fynning, confynning or utherwayes as we and the saids estaits of parliament or thair comittie schall think expedient. Lykas the said Collonell Archibald Strauchane, haveing beine imployed as a collonell in the forces of this kingdome raissed for defence of the same against the said comoun enemie, and the said Johne Swyntoun, younger, of that ilk, haveing beine imployed as leiutenent collonell and haveing had the charge of ane troupe of horse, and the said Major William Jonstoun and Leiutennent Williame Govane, having had chairge lykwayes in our said armie, they and evirie ane of them did in the monethes of September, October, November, December last and Januarii instant, or ane or uther of the saids monethes, desert thair said chairge respective and went in to the said comoun enemie of this our kingdome, who hes invaided and does now oppres the same, and hes had ther frequent residence and hes resorted with the said publict enemie diverse and severall tymes sensyne in our touns of Edinburgh, Canogait and Leith, or ane or uther of thame, the said Johne Swyntoun, younger, of that ilk, Collonell Strauchane and Major Jonstoun carrieing thair swords about thame, and sua hes declaired themselfs to be of the said enemies pairtie. Lykas the said Williame Dundas in the saids monethes of September, October, November, December and Januarii respective, or ane or uther of the saids moneths, did goe in to the said enemie and keiped frequent companie with thame, and hes had his frequent residence and hes resorted with the said comoun enemie diverse and severall tymes in our saids touns of Edinburgh, Cannogait and Leith, or ane or uther of thame, and sua hes declaired himselff to be of the said enemies pairtie as said is. In doeing quherof, they have comitted the crymes of treasone and the paine and punischment of treassone: to wit forisfaltour of lyf, lands, estait and goods aucht to be inflicted upoun thame.
And thairfoir the saids defendars have committit the cryms of treasone and uthers cryms, deids and malversatiouns abovespeit, and thairthrow have incured the paine and punischment of heich treasone, and they aught and sould be punisched with the sentence and dome of forisfaltour for the same: that is forisfaltour of honour, lyf, lands, estait and goods, or utherwayes they aught and sould be punisched by death, or uthirwayes censured in thair persouns, lands, goods, means, estait, name and fame by fyning, confyning or utherwayes as we and our saids estaits of parliament or thair comittie of estaits schall think fit for the reassouns and causes foirsaids and uthers etc., or else to alledge ane reassonable caus quhy the samyn sould not be done according to justice, and to be called sumarlie against, sua many of the saids defendars as schall happen to be within this our realme the tyme of ther citatioun upoun fourtie dayes wairning, and against sua many of thame as schall happin to be furth therof upon thriescoir dayes wairning, but farder dyit, tabill or continewatioun of uther summonds becaus the said actioun is for cryms of treason and uthers cryms, deids and malversatiouns done and comitted be thame against ws, our estaits of parliament and the standing laws and publict good and peace of this our kingdome, and thairfoir aught to have sumar proces, conforme to the daylie practik observed in the lyk caises, and ane delyverance grantit be our comittie of estaits thairanent as ye will answer to ws thairupoun. The quhilk to doe we comitt to yow conjointlie and severallie our full power be thir our letters, delyvering thame be yow dewlie execut and indorsit againe to the bearer. Given under our signet at Pearth, the threttie day of Januarii [and of our reigne the]† secund yeir 1651.
Ex deliberatione dominorum comissionis parliamenti
Quinto Februarii 1651
Johne Rowane, writtin be John Tuedie, younger, my servitor
Perth, last day of March 1651
The kingis matie and estaitts of parliament doe remitt the abovewrittin sumonds and all other sumonds direct against the defenders abovementionat in statu quo nunc to the committie of estates, with pouer to them to discuse the relevancie and probation therof and to pronunce sentence and decyde therintill.
M[r] David Hay
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Remitt from the parliament concerning the addition to the committee of moneys, last March 1651†
Att Pearth, the last day of Mairch jM vjC fyftie ane yeirs. The quhilk day our soveraine lord and estaites of parliament, now presently conveined in this sevint sessione of this second trienniall parliament, hes remitted and remitts to the committie of estaites to ade certaine persones of every one of the three estaites to the committie of monneys, they not exceiding foure of every estaite.
Extractum, M[r] David Hay†
[A1651/3/15]*[print] [email] [cite] [preceding] [following]
Remitt in favours of the laird of Cambo†
Att Perth, the last day of March jM vjC fiftie ane yeirs. Our soverane lord and estates of parliament, haveing takin to thair consideration ane supplication gevin in to them be Sir Patrick Myrtoun of Cambo, schewing that quher umquhile Sir Thomas Myrtoun of Cambo, knyght, his father, wes ever from the first begining of the trowbles of this kingdome of Scotland imployed in the publict service, quherin he not only loised his lyfe bot also wes necessitat to contract great sowms for the use of the publict, as is notourly knowin to the estates of parliament, quhairthrow the said supplicant, as his sone and air, wes constrained for payment of thois publict bands to dispon a great pairt of his estate. And since the death of his said umquhill father, he hes payed the quholl arreirs of that regiment quherunto he wes colonell, quhilk the said supplicant is aible to instruct be production of the publict ordors gevin to him for doeing therof and discharges upon recept of the sam. As lykwayes, about ane yeir since or therby, the saids estates caused him pay the third pairt of the sowme of nyne thowsand merks and annuelrent therof quhilk his said umquhill father, Wauchtoun and Innes, thain prievie counsellers, did upone the estates orders ingadge themselfs for the releiff of the Irish airmy, as thair act gevin theranent of the date the twentie ane of Junii jM vjC fiftie ane yeirs at mair lenth beirs, quhilks sowms of monie and uthers payed be the said supplicants umquhill father and himselff the saids estates are obleidged for repayment therof bak againe to the said supplicant. And lykwayes the lights of the May being no benefeit to him be the lose of trade and a great pairt of his estate ingaged therfore, and in respect of the troubles and great burdings lyes on the said supplicant, more nor the dowble of his rent being exhausted, which is the only mein for defraying of his debts, quherby he is altogither unabled to pay the principall sowms he is auchtand to his creditours, humbly therfore craiveing that his majesty and estates foresaid may tak the premises to consideration and witnes thair affection thai have by granting him ane generall suspension, suspending generally all registratt bands, obligations, letters or executorialls raised, used or to be raised, used and registrat againes the said supplicant at the instance of his saidis creditors for pament of any principall sowms he is auchtand, the said supplicant paying yeirly to them the annuelrents therof, for the quhilk he is content to geive sufficient security; and lykwayes dischargeing all messingers of armes or uther officiars quhatsomever frome useing any executioun aganes him for payment of the saidis principall sowms ay and quhill it shall pleas God to put his matie and estates foresaids in that condition to refound the losses of the supplicant, and quhill it shall pleas God to remove thir extraordinary trowbles, as att mair lenth is contened in the said supplication. Quhilk being takin in consideration be the saids estates of parliament, they have remited and remits the said supplication and desyre of the supplicant therin contened to be takin in consideration be the comittie of estates, with full power to them to decyde and determine therin als fully in all respects as the parliament might have done themselfs.
Extract furth of the records of parliament be me, M[r] David Hay
12 June 1651
The comitie, in regaird of the reference of parliament and the supplicant['s] condition, doo grant him protection against his principall soumes, he paying his annualrent till Candlemes nixtocum.
[A1651/3/16]*[print] [email] [cite] [preceding] [following]
Commission to the committee of estates, last March 1651
At Perth, last day of March 1651. Our soveraine lord and estaites of parliament, now presentlie conveined in this sevint session of this second triennall parliament, considering that by ane act of the last session of parliament thair was ane commissione granted to Archbald, marquis of Argyle, John, erle of Sutherland, the erle of Eglingtown, the erle of Cassillis, the erle [of] Linlithgow, the erle of Dumferling, the erle of Roxburgh, erle [of] Bucleuch, erle [of] Louthian, erle [of] Weemes, erle [of] Tueddall, erle [of] Levin, wiscount of Newburgh, the Lord Torphicen, Lord Balmerino, Lord Burghley, Lord Cowper, Cranstown, Balcarras [and] Borthuick; barrones: Lord Humbie, Lord Toftis, lairds [of] Clerkingtowne, Frieland, Niddrie, Duffus, Thornetown, Buchanan, Keath, Skerling, laird [of] Nauchtown, Caveris, Hardin, elder, Scottiscraige, laird [of] Lammertown, Sir Patrick Hammiltowne, Stobbis, Sir Charles Erskine, Johnstown Barclay [and] Sir James Rollock; for the burrowes: Sir John Smith, Monteith, Sir William Dick, Androw Grant, Alexander Bowar, John Jaffray, George Gardin, John Bosuall, James Sword, George Jamesone, John Short, Hew Kennedy, Robert Whyte, John Forbes, Colonell James Ray, Mr Robert Barclay, James Lentrown, Mr Robert Farquhar, Robert Davidsone, David Wilkie (or anie nyne of them as ther quorum, tuo being of everie estaite). Lykeas the king's matie and the estaites of parliament doe add as supernumerarii to the foirnamit persones of the committy of estaites the persones following, viz: the Lord Angus, the Lord Lorne, the Lord Montgomerie, the Lord Mauchlin and the Lord Brechin, the clerk register, the lord advocat, thesaurer deputt, Lord Broddie, the Lord Howstown, laird [of] Fairnie, John Binnie, Robert Arnot, William Walker and Gilbert Sommerveill, and the lord chancellor and the generall officers to be supernumerarii, as ane committy of estaites, giving power to thame or ther quorum therin mentionat in manner and to the effect particularlie conteinit in the said commissione, as the same bearing the dait the 30 of December last bypast at mair length proportis. And heirwithall considering that the same causes for which the said commissione was granted doe still continew, and that in respect theroff, the haveing of ane committy of estaites is now no lesse but rather more necessar than formerlie, thairfor his matie and estaites forsaids doe nominat and authorize and the haill foirnamit persones conteyned in the said former commissione, and addis therto for the noblemen the erle [of] Panmuir, Viscount Arbuthnot, Lord Cathcart [and] Lord Elphingstown; for the barrones Nauchtown†, Bathauock, Bogy, Creich, Lochtour, Ardblair, Luss [and] Whytslaitt; for the burrowes Archibald Sydserffe, Sir Alexander Wedderburne, James Rochead, Robert Pitcairne and Williame Sympsone as members of the said committy of estaites; to quhom (or anie nyne of them as their quorum, quherof tuo of everie estaite) the king's matie and estaites of parliament forsaid renewis and heirby grantis the same power and commissione in all poynts, heids, clauses and conditiones as is conteined in the said former commissione granted to the committy of estaits in the said last session of parliament of the dait forsaid and conforme to the tenour theroff in everie head and article of the same, declaring that the generalitie heiroff sall be alse walid and effectuall as if the said commission were of new extendit in ample forme and everie clause and article therof heirin exprest. And with power to the said committy of estaits as his maties chiefe counsell in the interwall of parliaments to wse all lawfull and possible meanes (according to the covenant and to the dewetie and alleadgeance of loyall and faithfull subjects) for establishment of his maties government and possessione of his withher kingdomes according to his wndoubted right of successione. Excepting alwayes from this present commissione thir words subjoyned (in the former commissione) to the generall clause anent the power of the governing of the whole body of the kingdome, viz: 'as the king's matie and the parliament might doe if they were sitting in pleno concessu', which words alanerlie of the extent of the former power is heirby declared not to be conteyned in this renewed commissione, but that in place of those words the said committy have power of the governing of the whole bodie of the kingdome as fullie and frielie in all respects as anie committy of estaites or anie delegat power of judicatorie subordinat to the parliament can lawfullie doe. And excepting lykeways heirfra the commissione for the privie counsell, the judicatorie of session, the commission for the thesaurerie, the commission of the excyse and regulating of the accompts, the other judicatories established by the lawes of the kingdome and the commission appoynted in this session of parliament for manageing of the effaires of the armie, which ar heirby reserved and declared to stand in the full force theroff notwithstanding of this present commissione. And his matie and estaites of parliament declares the former commissione and power granted to the committy of estaites now heirby renewed to stand enteir and in full force in the whole articles and clauses of the samen in manner therin expressed, except alanerlie the particulares before excepted. And with power to the said committy, either in whole or such of ther number as they sall think fitter, to awaitt wpon his matie and the armie as a committy of estaites for the endis and to the effect forsaid wpon all occasiones as they sall find expedient for the good of religione, his maties service and the safetie and prosperitie of this kingdome. Ultimo Martii 1651.
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Att Perth, the last day of March the yeir of God jM vjC and fiftie ane yeiris. Twa severall supplicatiounes givin in to the parliament agains Lady Issobell Douglas, countes of Roxburght and Cristiane Colvill, hir servand, ane thairof at the instance of Williame, erle of Roxburght agains the said countes for delyverie of all jewallis, gold, silver, readie money, pleat, houshold stuff, pleinischeing, moveables, goodis and geir, paperis, writtis and evidentis quhilkis pertenit to umquhill Robert, erle of Roxburght and were intrometted with be them or either of them befoire ane since his deceis, whairoff the[y] have the keyes, keiping or posessioune, with the inventaris of the samyne, or to mak payment of the sowme of four thowsand pund sterling as the value and worth of the saidis goodis, jewallis and moveables and twa thowsand, fyve hundreth pund sterling for the lying gold; and the uther supplicatioune at the instance of Lady Jeane, Anna, Margaret and Sophia Kerris, daughteris to the umquhill Lord Ker, agains the said countes, to heir and sie the said countes and hir said servand give there aithes of veritie anent the haveing of the jewallis and to delyver the same to them and there saidis tutoris in there name, or ellis to mak payment of fyve thowsand pund sterling as the worth and value thereoff. Quhilkis twa supplicatiounes being takin in consideratioune be the saidis estaittis of parliament, his majestie and estaittis forsaidis did remitt the severall actiones with all that was givin in thereanent be either of the pairties to the committie of estaittis, with power to them to tak the defenderis aithes and declaratiounes, and ordained quhatevir particulares was grantit and confest be the defendaris to perteine to the said erle of Roxburght, that the same sould be instantlie delyvered to him, and quhat happined to be grantit be them and remained questionable, sould be decyded be the judge ordinar; and in the meantyme the said countes sould give band to mak the questionable goodis furthcuming to all pairties haveing entres as accordis of the law, and the lyke course to be tain in the supplicatioune at the instance of the childrein. According to the quhilk ordour of parliament, the committie of estaittis haveing gewin power to the lordis Humblie and Clerkingtoune for taking of the said countes, hir oath, the said countes and hir said servand, being sworne, did depone as followis: that hir ladyship had non of hir umquhill husbandis keyes befoire his deceis, whairin there was either paperis, jewallis, gold or money, bot deponed that eftir hir lordis death on[e] of his servandis named Williame Erskine delyvered the litill keyes which was keiped in hir lordis pockit to the deponer, who keeped the saidis keyes till the erle of Roxburghes home cuming and delyvered the same to him; and did declar that those boxes whereoff those were the keyes did alwayes stand in the said Dame Issobell Douglas' closett and were not opned eftir hir lordis deceis till Saturday or Monday in presence of Alexander Dune and certaine utheris, and that the saidis boxes were sealed on Monday thaireftir be the Lord Drummond. Being interrogat concerning the sending in of a servand to the Bass for bringing out some thingis which were there at or about the tyme of the said erle, his death, declaired that two or thrie dayes befoire his death her ladyship sent in Robert McKie at the desire of sum freindis to the Basse, who brocht out a reid cabein wherein was hir lord, his lattern will, and declaired that there was no uther thingis brocht out of the Basse at that tyme, and thair was no uther thingis in that cabein except sum small thingis belanging to hir ladyship of littill worth; and did declare that within twa monethis thereftir, hir ladyship sent in Cristiane Colvill to the Basse, who removed out of one rowme to another four trunkis, viz: twa sumpter trunkis and twa reid trunkis, wherein was nothing bot that which did belang to hir ladyship hir self, and did not bring any thing out of the same to hir ladyshipis knawledge. Further did declare that hir ladyship caused not bring any thing out of the Basse any goodis or money belanging to hir lord except the said reid cabein. Being interrogat what sowme of money, gold or silver was lying besyde hir ladyship the tyme of the erle's deceis, deponed that there was in hir ladyshipis custodie perteining to hir lord, hir husband, the sowme of ellevin thousand, twa hundreth four pund and twelff shillingis or thairby, off which soume the ten thousand merkis left to the deponer in legacie is ane pairt; and hir ladyship did declaire schee is content to give up the superplus, conforme to the act of parliament, upon the erle, his dischairge, bearing warrandice, and declaired that there was no silver lying in hir ladyshipis custodie except a mater of nyne or ten pund sterling, which was spent upon effairis of the hous, and had no uther gold or money belanging aither to his lordship, hir husband, or hir self, nor purse, pennies or takines to hir knawledge. Siclyke did declaire that hir ladyship hes not nor had any paperis at the tyme forsaid but such as was delyvered to his lordship, nor inventaris bot such as the doubles were delyvered to the perseware, except the inventar of the jewallis; and declaried that hir ladyship did not intromett with any moveables, houshold stuff or goodis bot conforme to the inventaris forsaidis and except sum litle particulares contenit in ane note quhilkis were sichted be the laird [of] Greinheid and sum utheris. Being further interrogatt upon the particulares contenit in the supplicatioun at the instance of the Lord Kerris childrein, did depone that hir ladyship hes in hir posesssione the jewallis mentionat in ane inventar heirwith produced, subscrivit be hir ladyship, which shee is content to mak furthcumand, conforme to the act of parliament, to all pairties as accordis, and did deny any further intromissione except the particulares abovespecefeit contenit in the inventar. And this is the treuth as schee sall answer to God. Sic subscribitur, Issobell Douglas, J. Hepburne, W. Scott. Cristiane Colvill, servitour to the countes of Roxburght, sworne be hir aithe of veritie upon the poyntis of the twa supplicatiounes, did depone that schee was direct in to the Basse be the said Ladie Roxburght and did remove from on[e] rowme to another four cofferris, and did not oppin them nor bring them nor bring any thing out of the Basse with hir. Denyed any intromissione with any jewallis, gold, silver, paperis or any other thing belanging to the lait erle of Roxburght. And this is the treuth as shee shall answer to God. Sic subscribitur, Cristian Colvill, J. Hepburn, W. Scott. Followis the tennor of the inventar gevin in and subscryved be the said countes relative to hir aithe: item, tuelve pendonitt pearls put up in severall papperis and then all roud up in one; item, thrie dussone of dyamond buttens, sevin dyamondis in everie button, quhairof tuo or thrie lost out; item, a round jewall for the breist, conteining threttie nyne dyamontis, some big and some litill; item, a border for the heid, conteining tuentie sevin dyamondis, some big and some litill; item, eight collett dyamontis set in gold, and two of them sticking togither; item, two pendantes, conteining threttie sex dyamontis in eache pendant, quhairoff some big and some litle; item, a croise conteining ellevin dyamontis in it; item, two pendantis maid round, conteining threttine dyamontis in eache; item, ane old jewall conteining tuentie nyne dyamondis; item, two great fassatt dyamont ringis; item, four litill ringis, on[e] hes four fassat dyamondis, on[e] hes fyve litill table dyamontis, on[e] hes one litill table dyamont, and on[e] hes sex turksses; item, tuelve louse dyamontis in a paper; item, threttie louse small dyamontis in a paper, with four small sparkes of diamondis; item, ane emorrad ring; item, two litle pendantis off rubies and diamontis; item, a turkas chein with a peice for the heid and a jewall befoire, conteining nyntie sevin peices; item, a border for the heid off small rubbies and pearle, conteining threttie sex peices; item, a chyldis whissell sett with diamondis; item, a plaine goould pictor box and two plaine ringis; item, a small gold chein for a watche; item, a wrought gold cheine with a muske in it, conteining threttie sex peices; item, a braislett sett, on[e] with amadests, conteining ten peices; item, braislett sett with cormalenes, conteining tuelve peices; item, severall litle brokin thingis of gold put in a box togither; item, a litle crose sett with dyamondis and some emordes, quhairoff some lost out.
3 Apryle 1651
The inventar of the jewallis produced be the countes of Roxburght and mentionat in hir ladyshipis oath. Sic subscribitur, Issobell Douglas, J. Hepburne, W. Scott.
This is the trew proceiding of the bussienes drawin from the principallis compaired and collioned be me, David Hay
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Remitt in favouris of the erle of Carnewath to the comittie of estates
Ultimo Martii 1651
Att Perth, the last day of March 1651. The quhilk day it being moved in plaine parliament be his matie that Sir Robert Dalzell might be preferred to his former honour and dignitie allanerly againes the sentence of foirfaltour led and deduced againes him, quhilk being takin in consideration be the saids estates of parliament, his matie and estates foresaids hes remited and remits to the comittie of estates to tak the said motion to consideration swa far as concerns the restitution of the said Sir Robert to the dignity allanerly, and that Gawin, now erle of Carnewath, his sone, may be called and heard, and to settill the pairteis and determine therin.
Extract furth of the records of parliament be me, M[r] David Hay†
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Act in favors of Masters David and Johne Hayes
Att Perth, the last day of March jM vjC and fiftie ane yeiris. Our soverane lord and estaittis of parliament, now presentlie conveened in this sevinth sessioun of this secund trienniall parliament, taking to there consideratione the great paines and travellis takin be Mr David and Mr Johne Hayes, clerkis of parliament, thaise twa last sessiounes of parliament in absence of the rest of the clerkis, therefore and speciallie in respect of ane motione maid be our said soverane lord in plaine parliament for modefieing ane soume of money to be payed to the saids twa clerkis for there saids paines and travellis, they doe modefie and appoynt the sowme of ane thowsand merkis Scots to be gevin to everie ane of them for there saids paines and travellis in attending and serveing the king and parliament these twa last sessiounes of parliament, and doe remitt and earnestlie recommend to the committie of estaittis or committie of moneyes to find out some effectuall course for payment of the said sowme of ane thowsand merkis to eache on[e] of the saids twa clerkis, with full power to the said committie to doe therein as they shall think fitt for there sure payment and speidie satisfactione.
Burghly, I.P.D parliamenti
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Supplicatioune Williame Purves
Wnto the king's most excellent matie and honorable estaites off parliament, the humbill supplicatione of Williame Purves, wrytter
Humblie shaueth,
That whair it is not wnknawne to maney of this honnourable court of parliament what prejudice and loses I heave both befoir and since the incomeing of the enemie sustained, my estait being waisted and destroyed pairtly by the westerine forces then leagureing thairon, and now of lait upon the aproache of the enemie towards that peice of grund belongeing to me, whairupon ane pairt of the forces of this kingdome againe leagured, [and] my houses, by command of the committie then with the armie, wes brunt as being fund prejudiciall to them and adventagious to the enemie; quhilk being then represented to the committie of estaites, they in considderatione thairof did ordaine my Lord Couper and Lord Toftes to compryse the samyne, that course might be taken for my repairatione. Conforme whairunto, the said Lord Couper and Lord Toftes, heaveing mett and taken exact tryall both by the depositiones of certain witnesses and farder informatione, they comprysed my saids houses and that croppe then groueing to the sowme of sex thousand, ane hundreth threscore eichteine merks, as the samyne compryseing beares, whairof as yet I heave reseaved no pairt but some few sheipe quhilk belonged to the laird of Dundas and ordained to be gewen me by ane act of the committie of monneyes. And now seing that throw the troubles of the tyme I am putt from aney kynd of subsistance, all my lyfflyhood being on the other syde and I drawne to extraordinari chairges ever since the doune sitteing of the last parliament by my attendance upon the committie of grivencess and proveisiones for the armie, may it therfoir pleas your matie and honorable estaites of parliament to take the premises to your considderationes and take some effectuall course for my farder payment, and to inacte the remanent of the said sowme ane publict debte to be payed to me with annuelrent dureing my not payment and for my extraordinar attendance as your matie and honorable estaites shall think expedient and in tyme comeing dureing my attendance upon the saids committies. And your answer.
28 Mairch 1651
It is the humbill oppinione of the committie of bills that the desyre of the supplicatione be granted and the withinwrittin sowme of sex thousand, ane hundreth threiscore eichteine merks inactit ane publict debt in manner withinwrittin, the sheip according as they ar comprysed be the lairds of Balfarge and Balbirne allowed in the first end thairoff. And inrespect of the supplicant's conteineuall attendance wpon the within written committies since the tyme within mentionat, it is thair humble oppeinione that ane hundreth merks for ilk monneth of his attendance be ordained to be payed him be the generall commissari or collector of the mentinance or other publict dewes out of the brughe off Aberdeine, conform to the desyre of the bill.
J. Coupar, I.P.D. Com
Ultimo Martii 1651
The kingis matie and estaittis of parliament remittes and recomends the supplicatione withinwreattin and the desyre of the supplicant therin conteanit to the comitteeis of estaitts or moneyes, that sum effectuall course may be takin for his satisfactione, conform to the report abone wreattin.
M[r] David Hay
9 Maii 1651
Approves the [...] and recommendis to the committie of [mone]yes to sie him payed accordingly.
9th Maii 1651
Act William Purves
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Supplication Calum McCondochie vic Ewen vic Gregor and Ewan McCondochie ewen
To the king's most excellent matie and to the honourable and high court of parliament, the humble petition of Calum McCondachie vic Euen, and Euen McCondocheuen, for themselves and in name and behalff of the wholl name of McGregor
Sheueth,
That notwithstanding by the act of leavie it is ordained that all clanns shall come out in the present service for defence of religion, king and kingdome under their chiftaines, in obedience whereunto and by warrant from the lord marquis of Argyle and Lieutenent Generall David Leslie your petitioners are conveened and by them appoynted to defend the passes at the heads of Forth, as there order thereanent here to shew will testifie. Yett nevertheles the earle of Atholl and the la[i]rd of Buchanan, under pretence that your petitioners are within their respective devisions, have forced us to putt furth a proportion of our name to the said earle of Atholl for the present leavie, and the said laird of Buchanan, contrarie to the said act of parliament, is daylie troubleing us for more. May it therefore please your matie and the estates of parliament to comand the said earle of Atholl to deliver to us whatsoever proportion wee putt furth to his regiment, and to discharge the said laird of Buchanan to trouble or demand from us any more, to the effect your petitioners freends and followers may come out together as other clanns of the kingdome. As also, seing your petitioners are actuallie imployed in your maties and the countries service, that your matie and the parliament wold assigne us a quarter for our enterteanement. And your maties and the parliament's answere.
Perth, ultimo Martii 1651
The kingis matie and estaittis of parliament remittis the supplicatione within wreattin and desyre of the supplicants therin mentionat to be takin in consideratione be the comittee of estaittis, with power to thame ather to determein therin thameselffis (if they find thameselffis judges competent) or to remitt the same to any other judicatorie competent.
M[r] David Hay
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Angus McDonald of Glengarie†
To the king's most excellent matie and the honorable estats of parliament, the humblie petition of Anguse McDonald, sometyme of Glengarie
Humbly sheweth,
That whereas your petitioner being by ignorance unhappily ingaged in the sinfull course of the tymes till by capitulatione that party wes disbanded, at which tyme your petitioner, feareing and shuneing to engage to the prejudice of the kingdome with the marquesse of Huntley or Antrim, did obtaine a warrand and passe from Generall Major Middelton to go beyond seas, since which tyme (neare fyve yeers) youre petitioner hes beene still abroad and free from any accession to the late unlaufull Ingagement or any othere undertakeing in or against the countrey. Notwithstanding whereof, it hes pleased the honorable committee of estats to proceed against youre petitioner to the sentence of forfaltor and the disposall of his estate, by which weighty sentence your petitioner's person is not in safety to appeare to do his laufull affairs or to supplicat the commission of the kirke, to the effect hee may be reconciled to theme for his former transgressiones and offences.
May it therefor please your sacred matie and the honorable estats of parliament to grant warrand and protection to your petitioner to appeare to attend the commission of the kirke, to give satisfaction to theme for his former sinfull courses, and that hee may be reconciled to them to have the benefit of the ordonances of the kirk, the want whereof does exceedingly greive him. And your petitioner as in dutie bond shall ever pray for your matie and the honorable estats of parliament.
26 Martii 1651
The humble opinione of the committee of bills is that the supplicant have protection till the first of Julii nixt.
W. Scott, I.P.Com
Ulimo Martii 1651
The kingis matie and estaittis of parliament remitts the supplicatione above wreattin in statu quo nunc est, with the opinion of the comittie of bills, to be takin in consideratione be the comittee of estaittis.
M[r] David Hay†
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Supplicatioune laird of Niddrie to the king and parliament
Wnto the king's most excellent matie and honorable estaits of parliament, the humble supplicatione of Sir John Wauchope of Niddrie
Sheweth,
That whairas your supplicant did advance and lend in Aprill 1643 the soum of two thousand merks for the wse of the Scotts armie than in Irland, as ane recept therof subscribed be John Joussie, merchand in Edinburgh, appointit receaver of the said moneyis, and ane acte of counsall declairing the same a publicte debt and payable to him, his airis, executoris and assignis of the dait the tenth of Maii 1643 heirwith producit doe testifie. As lykwaies your petitioner, being bund with severall noblemen and uther gentlmen in ane band to Sir William Dick for the soum of 200,000 merks and being put to the horn, he was constrained to pay his proportionable part laid upon him be the committie appointit for regulating and deviding the said moneyis, extending to the soum of two thousand and fyve hundereth merks, as the said discharge subscribed be the said Sir William Dick of the dait the twentie sex day of [...] 1646 yeirs heirwith also producit doeth testifie. And seing your petitioner hes nevir troubled your lords of the parliament nor anie uther committie or judicatorie of this kingdome for payment making to him of the soumis above written, and is now put from his wholl estait that he hes in Scotland be the comon enemie, and lykwaies that he hes advanced uther great soums to the commissioners that went to Holland and hes gotten no part or payments therof, heirfoir it is humblie craved that your matie and honorable estaits may tak the premisse with your petitioner's present conditione to consideratione and find out som way for his speddie payment, seing he stands presentlie in neid therof; and for that effect, to derect ane precept to the generall commissar and the theasurers of excise to pay to your petitioner therof furth of the first and reddiest of the mantenance and excise or anie uther publict dewes. And your matie and estaits answer I humblie crave.
Perth, last of March 1651
The kingis matie and estates of parliament doe remitt and seriouslie recommend the abovewrittin supplicatioun, with the desyre therof, to the committie of estates, with power to them to tak what course they think fitt for the supplicant's satisfactioun.
M[r] David Hay
Perth, 5th April 1651
The king's majesty and [committee of the] estates of parliament ordains a precept to be draun upon the general commissar and thessaurers of excyse for the soumes abonewretten payable out of the publict dues, and to have the ane half theirof presentlie, the other half with all conveniency.
Loudoun, I.P.D. Com
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Actis done and past in the sevinth sessioun of the secund trienniall parliament holdin at Perth, begun upon the 13 March 1651 and ending the last day of March 1651†