At Edinburgh, 23 May 1649

Procedure: opening of session

Which is the day appointed by the last act of the last session of the second triennial parliament held at Edinburgh, beginning 4 January 1649 and ending 16 March the said year, to be the day of meeting of the estates of parliament in this third session of the second triennial parliament.

On the first day of parliament

Third session of the fourth parliament of the most excellent prince Charles, by the grace of God, king of Scotland, England, France and Ireland, and defender of the faith, held at Edinburgh by the estates of this kingdom, namely: noblemen, commissioners for the barons and the commissioners for the burghs, this day convened in parliament by virtue of the last act of the last session of this present parliament of 16 March 1649.

After divine service,

The suits called and the court legitimately affirmed.

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  5. NAS. PA2/25, f.3v. Back
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  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back
Sederunt

The officers of parliament, namely: Mr John Hay of Haystoun, constable, for [Gilbert Hay], earl of Erroll, Arthur Erskine of Scotscraig for [William Keith], earl Marischal as marischal, the provost of Edinburgh and Mr William Wallace, sheriff depute of Edinburgh, [...], dempster, all present.

Commissioners for shires
Edinburgh
Sir John Wauchope of Niddrie-[Marischal]
Mr George Winram of Liberton
Fife
Arthur Erskine of Scotscraig
Sir James Halkett of Pitfirrane
Linlithgow
Mr William Sandilands of Hilderston
George Dundas of Duddingston
Lanark
Sir Daniel Carmichael of Hyndford
Sir John Chiesley of Kersewell
Dumfries
James Douglas of Mouswald
Robert Ferguson of Craigdarroch
Dunbarton
Sir Ludovic Houston of that ilk
William Semple of Fulwood
Stirling
George Buchanan of that ilk
Sir James Hope of Hopetoun
Haddington
John Cockburn of Ormiston
Robert Hepburn of Keith
Berwick
Sir David Home of Wedderburn
[John] Swinton, younger, of that ilk
Sutherland
Sir Robert Gordon of Embo
Clackmannan
Sir Charles Erskine of [Alva, Bandeath and] Cambuskenneth
Elgin
Sir Alexander Brodie of that ilk
Sir Ludovic Gordon of Gordonstoun
Nairn
Alexander Brodie of Lethen
Peebles
John Dickson of Hartree
Bute
[...]
Ayr
Sir William Cunningham of Cunninghamhead
Sir Hugh Campbell of Cessnock
Kincardine
William Rait of Hallgreen
James Wood of Balbegno
Roxburgh
Sir Andrew Kerr of Greenhead
Sir Thomas Kerr of Cavers
Perth
Sir Thomas Ruthven of Freeland
Sir John Brown of Fordell
Kirkcudbright
William Grierson of Bargatton
Wigtown
Sir Robert Adair of Kinhilt
Andrew Agnew of Lochnaw
Aberdeen
Arthur Forbes of Echt
William Forbes, younger, of Leslie
Renfrew
Sir George Maxwell of Nether Pollok
[Sir] John Shaw of Greenock
Forfar
John Lindsay of Edzell
George Symmer of Balzeordie
Selkirk
Colonel William Scott of Hartwoodburn
Patrick Scott of Thirlestane
Banff
[...]
Inverness
Sir James Fraser of Brae
William Fraser of Culbokie
Ross
Robert Munro of Obsdale
Argyll
Sir Dougal Campbell of Auchinbreck
James Campbell of Ardkinglas
Caithness
Sir John Sinclair of Dunbeath
Commissioners for the free burghs
Edinburgh
Sir James Stewart [of Kirkfield and Coltness]
James Borthwick [of Stow]
Perth
Patrick Ross or [...]
Dundee
Robert Davidson or Mr George Haliburton
Aberdeen
Alexander Jaffray or John Jaffray
Stirling
Thomas Bruce [of Weltoun] or John Short
Linlithgow
James Crawford or James Campbell
St Andrews
James Sword or James Lentron
Glasgow
George Porterfield or John Graham
Ayr
John Kennedy or John Osborne
Haddington
John Sleigh or George Brown
Dysart
William Simpson
Kirkcaldy
John Williamson or James Law
Montrose
Andrew Gray or James Milne
Cupar
George Jamieson or John Glasford
Anstruther Easter
[...]
Dumfries
Thomas MacBirnie or Robert Richardson
Inverness
Duncan Forbes [of Culloden]
Burntisland
George Gardyne or John Brown
Inverkeithing
Andrew Dickson
Kinghorn
Mr Robert Cunningham or John Boswell
Brechin
John Skinner
Irvine
Mr Robert Barclay
Jedburgh
Mr John Brown or John Rutherford
Kirkcudbright
John Corsan
Wigtown
Adam MacKie
Pittenweem
[...]
Dunfermline
William Walker or Peter Walker
Anstruther Wester
[...]
Selkirk
Thomas Scott
Dunbar
Thomas or William Purves
Dumbarton
Mr James Campbell
Renfrew
John Spreull
Lanark
Alexander Tenent or Gideon Jack
Arbroath
David Ramsay
Elgin
Mr John Hay
Peebles
William Lowis or James Williamson [of Aikerfield]
Crail
Alexander Cunningham or John Robertson
Tain
Andrew MacCulloch [of Glastilloch]
Culross
James Aitken [of Middle-Grange]
Banff
Mr Alexander Douglas [of Downies]
Inverkeithing
Andrew Dickson
Whithorn
James MacCulloch
Forfar
Alexander Scott
Rothesay
Donald MacGilchrist
Nairn
Hugh Rose [of Clava] or John Tulloch
Forres
Thomas Nairn
Rutherglen
Andrew Pinkerton
North Berwick
John Livingstone or George Lauder
Cullen
Alexander Murray or William Ogilvie
Lauder
William Lauder
Annan
[...]
Kilrenny
[...]
Lochmaben
[...]
Sanquhar
Laurence Davidson
New Galloway
[...]
Dingwall
[...]
Dornoch
[...]
Queensferry
John Dick
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  5. NAS. PA2/25, f.3v. Back
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  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back

23 May 1649

Procedure: oath taken
Oath of parliament

After calling of the rolls, the oath of parliament appointed to be taken by the members thereof at the beginning of every parliament or session of parliament was publicly read and thereafter taken by the whole members of parliament present.

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  5. NAS. PA2/25, f.3v. Back
  6. NAS. PA2/25, f.3v. Back
  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back
Legislation
Act nominating [John Campbell], earl of Loudoun, chancellor, president for this session of parliament

The estates of parliament, presently convened in this third session of the second triennial parliament, taking into their consideration the 50th act of the king's majesty's second parliament held at Edinburgh in 1641, entitled 'Act anent the election of the president of parliament', together with the 42nd act of the last session of the first triennial parliament of the date at Edinburgh, 27 March 1642, entitled 'Act anent the election of a president of parliament for each session of parliament', explaining the former act concerning the time of the endurance of the president of parliament, and according to which, John, earl of Loudoun, high chancellor of Scotland, president of the last parliament, having administered the oath of parliament to the whole members of parliament present and represented to them the two acts of parliament above-mentioned, which were read in audience of parliament, the said estates, after voicing, did elect and choose the said John, earl of Loudoun, high chancellor of Scotland, to be president of this session of parliament and to proceed therein as president of parliament during this session of parliament until the taking of the oath of parliament and election of another president in the next session of parliament, according to the aforesaid act of parliament of the date 27 March 1647.

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  5. NAS. PA2/25, f.3v. Back
  6. NAS. PA2/25, f.3v. Back
  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back
Procedure: exhibition of the honours

The which day in presence of the estates of parliament compeared personally Archibald [Campbell], marquis of Argyll, to whom the honours were delivered as one of the commissioners for the treasury at the closure of the last session of parliament, and exhibited and produced the said honours, namely: crown, sceptre and sword, in plain parliament, and thereupon asked instruments. Which honours were then instantly delivered in custody during this session of parliament to Arthur Erskine of Scotscraig, in name of [William Keith], earl Marischal, and from whom he had power to receive the same. Upon the production and delivery whereof, either of the said parties asked instruments.

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  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back
Procedure: member excused

The estates of parliament admit the excuses proposed by [John Campbell, earl of Loudoun], lord chancellor, for [Alexander Montgomery], earl of Eglinton in respect of his indisposition, and dispense with his absence from the parliament until he be able to travel.

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  5. NAS. PA2/25, f.3v. Back
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  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back
Procedure: commission to the committee of dispatches
Commission to the committee of dispatches

The estates of parliament, now presently convened in the third session of the second triennial parliament, have nominated and appointed and by this act nominate and appoint [Archibald Campbell], lord marquis of Argyll, [Francis Scott], earl of Buccleuch, [William Kerr], earl of Lothian, [John Borthwick], lord Borthwick, [Robert Balfour], lord [Balfour of] Burleigh and [...], for the noblemen; [Sir John Wauchope of] Niddrie-[Marischal], [Arthur Erskine of] Scotscraig, [Sir Robert Adair of] Kinhilt, Sir James Hope [of Hopetoun], [Mr William Sandilands of] Hilderston, [Sir Andrew Kerr of] Greenhead and [Sir Hugh Campbell of] Cessnock for the barons; Sir James Stewart [of Kirkfield and Coltness], George Porterfield, Mr Robert Barclay, Patrick [Ross], James Sword, John Boswell and Hugh Kennedy for the burghs, to be a committee of the parliament; to whom (or any nine of them, two being for every estate as their quorum) the estates of parliament give hereby power to take into their consideration and to prepare for the readier dispatch of parliament all business concerning the army now in Scotland, the affairs in England, Holland, [Ireland] or any other part abroad wherein the kingdom of Scotland may be concerned, and what is fittest to be done in every particular that shall occur [touching the same]. With power to them to take course and order with the quarterings of soldiers and to dispose upon troops and companies in the interim until the parliament take a further settled course with them, and to meet with [such of] the ministry as the commissioners of the general assembly shall appoint to be with them, and to acquaint the said commissioners of the general assembly with every particular that they shall think fit. And the estates of parliament ordain the said committee or quorum aforesaid to make report in writing to the parliament that they may thereafter take the same into their consideration and do relating thereto in every particular thereof as they shall think fitting. And the said estates ordain [John Campbell, earl of Loudoun], lord chancellor, and [Alexander Leslie, earl of Leven], lord general, to be supernumerary.

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  5. NAS. PA2/25, f.3v. Back
  6. NAS. PA2/25, f.3v. Back
  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back
Legislation
Act for prorogating the diet for visitation of the university of St Andrews

The estates of parliament, considering that by a former act of theirs of the date 8 March 1649 they have prorogated the subcommittee who were to sit at St Andrews on 14 March thereafter to the last Wednesday of May instant, and finding that the reasons for prorogation of the said committee still remain, do by this act give power to the said committee (or so many of them as shall be upon the place the said day) to prorogate the same and all matters referred thereto to such a day as they, with advice and consent of Mr Samuel Rutherford, present rector of the university of St Andrews, and Mr Robert Blair, minister there, shall think fit for doing of that which was committed to them by the commission for visitation of the said university of St Andrews.

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  5. NAS. PA2/25, f.3v. Back
  6. NAS. PA2/25, f.3v. Back
  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back
Act continuing the commissioners for the excise and accounts until further course

The estates of parliament, now presently convened in this third session of this second triennial parliament, prorogate and continue the commission formerly given for the matters of excise, accounts, burdens, monies and losses in the last session of this parliament to the same commissioners nominated in the former commission, and grant to them or their quorum the same full power and authority to sit and do everything necessary according to the power and tenor of the said former commission until further course be taken relating thereto by the parliament.

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  5. NAS. PA2/25, f.3v. Back
  6. NAS. PA2/25, f.3v. Back
  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back
Act continuing the committees of war in the several shires until they be newly elected

The estates of parliament now presently convened etc., taking into their consideration that the necessity and urgent affairs of the country require a constant committee of war to reside in every shire to be assisting for performing such things as shall be thought fit and requisite by the parliament or committee of estates for the model of the respective shires, therefore they have prorogated and continued the whole several commissions granted to the committees of war to the same [...] as they were established in the last session of this triennial parliament in the whole respective shires, and give, grant and renew to them the same full power as was contained in the said former commissions, ordaining them to sit and meet at their ordinary times and oftner as occasion requires and to do everything according to the tenor of the aforesaid commissions until the same be renewed.

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  5. NAS. PA2/25, f.3v. Back
  6. NAS. PA2/25, f.3v. Back
  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back
Act prorogating the service of Marion Weir

The estates of parliament, presently convened in this third session of this second triennial parliament, having taken into their consideration a supplication given to them by Marion Weir, lady Blackwood and George Weir, alias Lowrie, her son, who, or either of them, are apparent heirs of provision to the late Major James Bellenden of Blackwood, making mention that where they having raised brieves out of our sovereign lord's chancellery, direct to the four ordinary macers before the lords of session, or any two of them, joint sheriffs in that part by virtue of his majesty's commission under the quarter seal, for serving of them or either of them as nearest and lawful heirs of provision to the said late Major James Bellenden of Blackwood in all lands and annualrents wherein he died last in possession of and seised as of fee; which brieve for serving the said George was proclaimed to be served within the session house of Edinburgh upon 25 May instant, and the other brieve for serving the said Marion was to be served upon 26 May instant; and seeing that upon the said 25 May there is appointed a solemn thanksgiving, so that it will not be lawful to the macers to hold courts for serving the said brieves, both in respect of the said thanksgiving and for the presence of the parliament unless warrant and dispensation be granted, humbly therefore desiring the said estates of parliament to continue and adjourn the service of the said brieve raised at the instance of the said George to 26 May instant, being Saturday next, declaring the same service, with all that may follow thereupon, to be as valid as if the same brieve had been proclaimed to that same day; and further to dispense with the service of both the said brieves, notwithstanding of the sitting of this present parliament, as at more length is contained in the said supplication. Which being heard and considered by the estates of parliament, they have continued and adjourned the service of the said brieve raised at the instance of the said George Weir to 26 May instant, being Saturday next, and declare the said service, with all that may follow thereupon, to be as valid as if the same brieve had been proclaimed to the said 26 May. And further the said estates of parliament dispense with the said macers' sitting for serving of both the said brieves above-specified the said day, notwithstanding of the sitting of this present parliament, and ordain John Bellenden of Corhouse to be warned by a macer to the continuation above-written, to the effect he may pretend no ignorance.

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  3. NAS. PA2/25, f.3r. Back
  4. NAS. PA2/25, f.3r. Back
  5. NAS. PA2/25, f.3v. Back
  6. NAS. PA2/25, f.3v. Back
  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back
Warrant: to the magistrates of Edinburgh for keeping Lord Reay and others in prison

The estates of parliament ordain the magistrates of Edinburgh to keep the persons after-mentioned in sure prison, namely: [John MacKay], lord Reay, Duncan MacKay, Robert MacKay, Donald MacKay, John MacKay, Rorie MacLeod, alias Charles MacLean, John MacAlister, Tulach MacGillEathain, alias MacGilleChailein, Rorie MacKenzie of Redcastle, Colin MacKenzie of Pinock, Rorie MacKenzie, John MacKenzie, Murdoch MacKenzie, Hector MacKenzie, Kenneth MacKenzie, Donald MacPherson, Thomas MacPherson, John Dunbar and those of them who were formerly examined, to be put in a room by themselves. And likewise grant power and warrant to the committee of dispatches to examine such of the said persons as were not heretofore examined, for the which this act shall be a sufficient warrant.

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  3. NAS. PA2/25, f.3r. Back
  4. NAS. PA2/25, f.3r. Back
  5. NAS. PA2/25, f.3v. Back
  6. NAS. PA2/25, f.3v. Back
  7. NAS. PA2/25, f.3v. Back
  8. Not in manuscript. In APS only. Back
  9. Not in manuscript. In APS only. Back
  10. Not in manuscript. In APS only. Back
  11. Not in manuscript. In APS only. Back
  12. NAS. PA2/25, f.3v-4r. Back
  13. NAS. PA2/25, f.4r. Back
  14. NAS. PA2/25, f.4r. Back
  15. '[weal]' in APS. Back
  16. 'persons' in APS. Back
  17. NAS. PA2/25, f.4r-4v. Back
  18. NAS. PA2/25, f.4v. Back
  19. ? Possibly 'MacGilleChaluim'. Translated as 'Tulach MacLean alias son of GilleChailein' or 'GilleChaluim'. Back