[1649/5/44]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
The estates of parliament ordain Sir William Scott of Clerkington, knight, who was clerk at the last session of parliament, to deliver to Sir Archibald Johnston of Wariston, knight, clerk of his highness's register, the whole registers, rolls and warrants of that session of parliament or others whatsoever which are in his hands, for the which this order shall be his warrant.
[1649/5/45]*[print] [email] [cite] [preceding] [following]
The which day Sir William Scott of Clerkington, knight, formerly nominated to be one of the senators of the college of justice, being required by the parliament to accept the charge as one of the number and to give his oath for faithful administration relating thereto, he compeared personally for obedience of the said order of parliament whereby the said charge was imposed upon him, accepted the said charge and made faith for faithful administration that he should faithfully and carefully go about the discharge of the trust committed to him in that charge, and thereupon asked instruments.
[1649/5/46]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in this third session of the second triennial parliament, taking into their consideration the supplication given in by the gentlemen, heritors, minister and members of the church and session and other inhabitants within the parish of the kirk of Inveresk, in their own names and in the names of the said parish, showing that whereas the brethren of the presbytery of Dalkeith, with the ruling elders, being met and assembled at the visitation of the said kirk at Inveresk on April 5 1649, according to the ordinance of the synod held at Edinburgh in November last, took into their consideration the great number of communicants within the said parish (being about 3,000 or thereby) which they thought too great and heavy a charge for one minister, and finding sufficient maintenance to be in the said parish for provision of more, thought it most necessary and expedient that there should be a division of the said parish and that the burgh of Musselburgh and Fisherrow should be erected in a parish by itself; and having perambulated the bounds where the said parish kirk is to be erected, did design the place (with consent of the bailies of the said burgh and other inhabitants thereof) where the said kirk is to be built. Therefore humbly craving that the said estates of parliament would be pleased to ratify the same and grant an act of erection of the said kirk in a parish by itself, that so with all convenient diligence some course may be taken for building the same and bringing it to perfection, that the Lord's people may be the better accommodated for hearing his word and partaking of his holy ordinances, as the said supplication at more length bears. Which being heard and considered by the said estates of parliament, they have remitted and by this act remit and seriously recommend the said supplication and desire of the supplicants mentioned therein to the commission appointed for plantation of kirks, that some course may be taken relating thereto with all possible and convenient diligence.
[1649/5/47]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in this third session of the second triennial parliament, taking into their consideration the supplication given in to them by Donald Cameron, humbly showing that where the said estates of parliament were pleased in the last parliament to draw a precept in his favour on Sir James Stewart [of Kirkfield and Coltness] of the sum of £1,240 Scots money as due to him for provision furnished and cost by him at the desire of [Archibald Campbell], lord marquis of Argyll and the general lieutenant to the army that went along to the highlands and isles in summer 1647 for suppressing Alexander MacDonald and his associates, the said army being for the time in great straits for want of provision, which precept the said Sir James refuses to make effectual, although it be most reasonable he ought to do. Therefore desiring humbly the said estates of parliament that they would be pleased to cause the said Sir James to satisfy him of the sum aforesaid contained in the aforesaid precept, it being furnished at such a time where the service proved very successful; for his coming to Edinburgh to seek it, this being the fourth time he has spent in total, and craves that he be not disappointed by delays, as at more length is contained in the said supplication. Which being heard by the said estates of parliament, they have remitted and seriously recommended to the committee of monies that they may take such real and effectual course for the supplicant's payment and satisfaction.
[1649/5/48]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in this third session of the second triennial parliament, taking into their consideration the supplication given in to them by William Douglas of Cavers, knight, and Sir William Scott of Harden, knight, for themselves and in name and on behalf of the well-affected heritors within the sheriffdom of Roxburgh, and Walter Scott of Whitslade and James Pringle of Torrettie†, for themselves and in name and on behalf of the well-affected heritors of the sheriffdom of Selkirk, showing that where by act of parliament of the date 3 February 1649 the said estates of parliament found and declared that what maintenance was not uplifted from the well-affected who raise in opposition to the late unlawful Engagement from 29 February 1648 to 1 November thereafter should remain still in their hands, and by the said act discharged them thereof, and what they had delivered to the subcollectors of the said months and remained unpaid to [Sir James Stewart of Kirkfield and Coltness], commissary-general, should be refunded to the several heritors, as at more length is contained in the said act. And true it is that the time of the said act the monthly maintenance of the months respectively aforesaid (at the least some part or portion thereof) was not delivered to the subcollector, and if delivered the same was still in the subcollector's hands at the times aforesaid, undelivered to the commissary-general, through which of all equity the same ought and should be refunded to us, according to the tenor of the aforesaid act, which the said collectors refuse to do. Therefore humbly craving the said estates of parliament to take the premises into consideration and to appoint the said subcollectors to redeliver back again to them the maintenance of the said months respectively aforesaid; and if the same be delivered to the commissary-general, that the said estates of parliament would be pleased to give warrant to the said supplicants and others aforesaid for retention of the same sums in the subsequent months as will correspond to the maintenance of the said months already paid by them, and discharge the commissary-general and subcollectors of all troubling and molesting therein thereof, whereby they may enjoy the benefit of the said act, seeing they were as active in rising to the opposition of the late Engagement as others were, and that thereby also they may be the more encouraged to remain constant and faithful to the cause, as at more length is contained in the said supplication. Which being heard by the said estates of parliament and taken into consideration by them, they have granted and grant to the said supplicants the benefit of the said act of parliament of 3 February last, and ordain that whatever maintenance was not paid by them or their collectors or subcollectors at the date of the said act to the commissary-general from 1 February 1648 until 1 November thereafter, that the same shall remain still in their hands and they to have retention thereof. And if the collectors or subcollectors of the shire have uplifted the same and have not made delivery thereof before the said 3 February to the said commissary-general, ordain the said collectors or subcollectors to pay back the same to the heritors of the said shires and discharge the said commissary-general and all other collectors or subcollectors of the said shire of any further troubling or molesting them for payment of any maintenance due from the said 1 February 1648 until the said 1 November next thereafter.
[1649/5/49]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having seen and considered the assurance given by Lieutenant General Leslie to [James Ogilvy], lord Ogilvy, Lewis Gordon, son to the sometime [George Gordon], marquis of Huntly, Thomas MacKenzie of Pluscarden and to John Middleton of Fettercairn, the tenor whereof follows: Know all men, by this act, that I, Lieutenant General David Leslie, having power, warrant and authority granted to me by the committee of estates of this kingdom for giving the assurance underwritten, do hereby in their name become obliged and give assurance to everyone who shall subscribe the bond herewith presented that their lives and estates or fortunes and liberties shall not be called in question by the estates of this kingdom or their committees for any thing done by them or any of them in relation to and for prosecution of the late unlawful Engagement or in relation to the present troubles and commotion in the north raised since the late unlawful Engagement, they and every one of them observing, keeping and fulfilling the whole heads, tenor and clauses of the security for keeping the peace of the kingdom granted and subscribed by them at the making hereof; which assurance of mine to the present under-subscribers I oblige myself to get ratified and approved at the next ensuing parliament. In witness whereof, I have subscribed this act with my hand at [...] the [...] day of [...] 1649 before these witnesses [...]; do hereby give assurance to them and such others as at the making of the said assurance by Lieutenant General Leslie did subscribe the bond for keeping the peace of the kingdom and shall deliver in their bonds between now and 1 October 1649, that their lives, estates, fortunes and liberties shall not be called in question by the estates of this kingdom or their committees for any thing done by them or any of them in relation to and for prosecution of the late unlawful Engagement or in relation to the present troubles and commotions in the north raised since the late unlawful Engagement, they and every one of them observing, keeping and fulfilling the whole tenor, heads and clauses of the security for keeping the peace of the kingdom granted and subscribed at the making of the aforesaid assurance by Lieutenant General Leslie. This being always declared to be without any allowance to them of the titles which they usurp to themselves in the writing and subscribing of the said bond, as also without any prejudice of the protection granted by the lieutenant general at that time to the tenants and servants of the persons above-named.
[1649/5/50]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by Donald MacPherson, apparent heir of Sonis, and Thomas MacPherson in Invercrombie, craving that the said estates of parliament would grant warrant to put them to liberty out of the tolbooth of Edinburgh and suffer them to proceed home to their own country, that they may return at such competent time as the parliament shall appoint and give assurance for themselves and friends and their good behaviour, as at more length is contained in the said supplication. Which being considered by the committee of bills and reported by them to the parliament, the said estates of parliament have ordained and ordain the said Donald and Thomas MacPherson to be put to liberty out of the tolbooth of Edinburgh because they and each one of them have enacted themselves in the books of parliament that they shall in no way trouble nor molest the peace of this kingdom, but shall carry themselves dutifully and peaceably in all time coming under the pain of 500 merks for each of them on every occasion; and in respect thereof, ordain the magistrates of Edinburgh to put the said Donald and Thomas MacPherson to liberty.
[1649/5/51]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by Elizabeth Houston, lady Gargunnock, showing that she and her tenants are damnified in the sum of £1,609 18s Scots money by quarterings and furnishings to sundry of the Scottish army from December 1644 to 12 July 1646, according to the particulars thereof subscribed by the committee of war of the sheriffdom of Stirling; likewise she is damnified in the sum of £802 further by violent cesses imposed upon her and her tenants and spoiling, robbing and plundering done by Munro and Lanark's army, as a testificate under the hands of the said committee of war of the said sheriffdom of Stirling of the date 16 January 1649, which sums extend in total to £2,411 18s, and that over and above the losses sustained by her and her tenants through the enemies coming to the bridge of Stirling, as is known to some of the number of the said estates of parliament. Likewise her lands are lying waste by reason the tenants were so plundered and wasted by the common enemy, that since then they were not able to labour the ground. Therefore humbly craving the said estates of parliament to take her distress into their serious consideration, in respect she is but a poor widow and not able to subsist without some present relief and satisfaction, and in the meantime to take some effectual way for her payment as they in equity shall think fit; and also to liberate her and her tenants from monthly maintenance and public burdens until her lands be sufficiently tenanted and able to pay the same, as at more length in contained in the said supplication. Which being heard by the said estates of parliament, they, before giving answer to the said supplication, have ordained and ordain the said Elizabeth Houston's losses above-specified to be tried and considered, and for that effect have given and granted and by this act give and grant full power and commission to Arthur Erskine of Scotscraig, Sir Charles Erskine of Alva, [Bandeath and Cambuskenneth], [...] Leckie of that ilk, Alexander Cunningham of Boquhan, George Porterfield, provost of Glasgow, Mr John Rollock, sheriff depute of Stirling, and John Short, burgess of Stirling, (or any three of them as their quorum) to take trial of the whole particular losses above-specified, with power to them to make choice of clerks, create members of court, direct precepts for summoning of witnesses, and, if need be, to take the said supplicant's own declaration upon such particulars as cannot otherwise be proven, and to do everything requisite and usual in such cases; and as they proceed in any manner of probation, either by writ, witnesses or oath of party, ordain them or their quorum aforesaid to commit their deposition in writing and subscribe the same with their hands and report the same to the said estates of parliament or their committee, to the effect that thereafter they may proceed and take such further course therein as they think fit and expedient.
[1649/5/52]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration a supplication given in to the commissioners of the general assembly by Margaret Williamson, spouse to James Wemyss, and recommended by the said commissioners of the general assembly to the estates of parliament, showing that where James Wemyss, her husband, having received with her as heritor a tenement of houses in the town of Cupar, with four acres of land lying beside the said town, yet notwithstanding the said James Wemyss, without any wrong done by her to him, has most unnaturally and unjustly ejected her out of her said house, as a testificate from the kirk session of Cupar produced with the said supplication will testify, and albeit she has most humbly often required him to suffer her to live peaceably at home with him, he does not only refuse to do the same, but, on the contrary, threatens to kill her if she come in his sight, through which she is brought to a very despicable and destitute estate and condition and having the burden of three children procreated between her and him, by reason whereof she did supplicate formerly the committee of estates for her redress, who, after consideration of her petition, did grant a warrant to cite the said James Wemyss to compear before them upon the [...] day of May last, who does in no way regard the said citation, but most obstinately refuses to compear before either kirk or estate for that end. And seeing that her condition is very lamentable and her present estate exceedingly pitiful and her husband being so obstinate in not compearing after lawful citation, therefore humbly beseeching the said commission of the general assembly to take the premises, together with the indigent, despicable and destitute estate and condition of the said supplicant and her three children, to their wisdoms' serious consideration, and to refer her with their recommendation and opinion therein to the honourable estates of parliament for repossessing her in her own land and for uplifting the mails and duties thereof for maintenance of her and her said children and supply of their present wants, and to discharge the said James Wemyss to sell the same, but to suffer her to live peaceably therein, seeing she is infeft in the same, whereby the natural life of her and her three poor children may be sustained, especially seeing she is likely daily to be killed if she does approach towards him, as at more length is contained in the said supplication. Which being remitted by the committee of bills and tried and examined by them, and having found by the testificates above-written that the said James Wemyss does not carry himself as becomes a husband to a married wife, and that he has received the possession of some houses and land by her notwithstanding thereof, lives in another shire and does not bestow anything of his estate upon her for her maintenance, and that through this she is in a hard condition; and likewise find that she is infeft with him in an acre of land and some houses in the town of Cupar for her conjunct fee, in consideration whereof the said estates of parliament have ordained and ordain the said Margaret Williamson to have the duty and mails of the said acre of land and houses wherein she is infeft to be presently intromitted with by her since the term of Whitsunday [13 May] last, and ordain the said Margaret to have the upbringing and maintenance of her younger child procreated between her and the said James, which modification the said estates of parliament declare shall only endure and continue during the time that her said husband does not cohabit with her as married persons ought to do.
[1649/5/53]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by Stephen Bryce in Kittochside, showing that where he being dwelling as tenant to Mr Archibald Fleming, sometime commissary of Glasgow, in the said town of Kittochside, the said Mr Archibald Fleming commanded and would have urged him to have gone out in the late unlawful Engagement; which the said Stephen, out of mere conscience, absolutely refused, as his minister's testimonial did bear; and for fear of compulsion was necessitated to absent himself from his own house for the space of 10 weeks, whereupon the said Mr Archibald Fleming, Robert Anderson and Robert Smith, his tenants, most violently and unmercifully at their own hands did go to the said Stephen's house, he being then absent, and in the night took away his whole livestock, namely: 30 sheep, 3 cows and a heifer, and plundered his house, broke up chests, took out money and all his other plenishing, being all worth 400 merks Scots money and above; and notwithstanding thereof, still sought and pursued himself to have sent him out in the said unlawful Engagement. Likewise the said Stephen of late has often at various times required and desired the said Mr Archibald Fleming to refund to him his goods and gear above-written or prices thereof aforesaid, but received nothing but threatening and menacing words. Therefore humbly craving the said estates of parliament to have consideration of the premises and of his present distress, and to assign and appoint to him some effectual and summary course whereby he may have redress and satisfaction of his great damage and losses above-written, as at more length is contained in the said supplication. Which, with the opinion of the committee of bills, being reported to the estates of parliament, they have remitted and remit the same to the committee of war of the sheriffdom of Lanark, to whom the same was solemnly recommended, and have ordained and ordain the said committee of war to take special consideration of the supplicant's condition and whole heads of his supplication; and give power to them to investigate and try the same, and to ordain the said Mr Archibald Fleming to pay to the supplicant what shall be justly due to him, and to allow to him whatsoever maintenance or other public dues the supplicant has paid out as tenant to the said Mr Archibald Fleming. And ordain the said Mr Archibald to attend the diets of the committee, either by himself or some other for him, otherwise the said committee of war to proceed as if the said Mr Archibald were present, he always being lawfully cited for that effect. And ordain the said committee of war to make report to the parliament or committee of estates between now and 1 July next to come, with power to the said committee of estates, in case of the parliament not sitting, to determine therein and to modify expenses to the supplicant.
[1649/5/54]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in by Hugh Campbell, merchant, shows that he having obtained a decreet before the lords of council against John Hamilton of Ballymoney for the sum of 3,240 merks Scots justly indebted by him to the said supplicant, and for non-payment thereof, having denounced him to the horn and incarcerated him in the tolbooth of Glasgow, the said James obtained warrant for his liberation out of the said tolbooth upon an assignation made by him to me of his escheated goods and amongst other particulars of a double English bond made to him by [Robert Kerr], earl of Ancram, containing the sum of £500 sterling, with condition that if the £500 be paid, the bond to be void or so much thereof as is justly resting for payment of the aforesaid sum indebted by him to the said Hugh and annualrent thereof, which bond was delivered in to Sir John Gibson, clerk to the process, and was never given up by him to the said supplicant. And seeing without the said bond the assignation made to the said supplicant by the said James Hamilton can in no way be effectual to him, neither has the supplicant any means for his subsistence and maintenance but what he may expect that way, all the rest of his means being taken from him by the Irish rebels in Ireland at the time of the first rebellion there, and therefore supplicating the said estates of parliament to give warrant to [Sir Archibald Johnston of Wariston], clerk register, and his deputes (who now have the said bond in keeping) to deliver and give up to the said supplicant the said bond, to the effect he may thereby strive to recover payment of the sum above-written justly resting to him by the said James Hamilton and annualrent thereof so far as shall be found due by law, according to his assignation made to him relating thereto, as at more length is contained in the said supplication. Which being considered by the said committee of bills and reported by them to the parliament, the said estates of parliament have ordained and ordain the clerk register and Mr James Balfour, now his depute, to deliver up to the supplicant the said bond containing the aforesaid sum, and this in respect the said Hugh Campbell, supplicant aforesaid, has upon the back of the supplication enacted himself to make the surplus of the sums of money contained in the said bond more than satisfies himself forthcoming to his cedent and his creditors so far as shall be received be him.
[1649/5/55]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in this third session of the second triennial parliament, taking into their consideration the humble desires given in by Colonel Gilbert Kerr, Lieutenant Colonel Halkhead and Lieutenant Colonel Strachan set down in seven several particulars, they have, after consideration thereof by the committee of dispatches and report made by them to the parliament, ordained and ordain in every one of the said particulars as follows, namely: first, whereas it is humbly desired by the supplication that since they have marched as far as Dundee back from their locality, that they may have some place of refreshment thereabouts or in Fife for the space of one month, after which they shall be willing to return to their locality howsoever they do submit; the said estates of parliament have ordained and ordain that such soldiers of the troops belonging to the said Colonel Gilbert Kerr, Lieutenant Colonel Halkhead and Strachan as for the space of one month following shall not go away from the troops upon a leave of absence to be quartered for the space of one month after the day and date hereof in Fife, Angus and Kincardine, whereof 30 in Fife and the remainder in the other two shires, whereof two parts in Angus and the third part in Kincardine, and that the said whole troops shall keep rendezvous on 6 July in Coupar Angus. And the said estates declare that no officer or soldier belonging to the said troops shall have quarters but such as shall be actually present. And the said estates of parliament ordain the general quartermaster, by advice of the commissioners of those shires, to quarter the said troops and [Sir James Stewart of Kirkfield and Coltness], commissary-general, to pay with them and pay them. Secondly, it was desired that what victual or other things were in those garrisons may be disposed of for the use of the party, and they conceive it to be the custom since these garrisons were taken in the manner as they were, but they did submit in this kind to the said estates of parliament's determination; and the said estates of parliament declare and ordain all other things except victual to be disposed of by the said party who did reduce the said garrisons, and ordain the said victual to be made use of for the maintenance of the soldiers and for keeping the places. And for answer to the third desire, that the gentleman who is appointed governor of those garrisons in Ross may be confirmed by authority, who is conceived to be most fit and qualified with honesty and ability, the said estates of parliament have nominated and appointed Lieutenant William Scott governor of the places that are garrisoned in Ross, and have ordained and ordain 100 merks per month to be allowed to him besides his ordinary pay as officer; and have remitted to the lieutenant general to take into consideration if these places already garrisoned within Ross be set to be kept as constant garrison houses or if any other places within that country be fit to be garrisoned. As to the fourth desire bearing and desiring garrisons to be had a care of and the commissary-general appointed to victual them with all convenient speed, and that the instructions left with the governor for victualling them out of Ross, by raising of 250 bolls of meal, may be allowed by the commissary-general out of the maintenance of the shire, the said estates of parliament allow the same desire as the same is set down, and ordain the same to be accordingly done. And as to the fifth article, 150 commanded foot soldiers may be sent over from the south for planting of those garrisons in Ross as will contribute most for the service, the said estates of parliament find the said desire to be most just and expedient, and declare that they will send the said 150 commanded foot there with all diligence. As to the sixth desire, bearing that the said three troops may be recruited and the injured soldiers may have some subsistence allowed to them by the public for their curing and afterwards rewarded as the parliament shall think fit, and further the said estates of parliament have allowed and allow to the said injured soldiers the sum of 1,000 merks to be distributed amongst them at the discretion of Colonel Gilbert Kerr. And moreover, the said estates of parliament have appointed and by this act appoint and ordain the sum of 3,000 merks money to be paid to the inferior officers and soldiers of the said three troops, and that out of the estates of those who are taken prisoners, and ordain the said sum of 3,000 merks to be distributed by the chief officers of the said three troops and according to their respective numbers. And for recruiting the said troops, ordain the 30 horse which should have been lifted out of Ross by [John Gordon], earl of Sutherland to be applied for that use, and modify the price for equipping every horseman and their provision to be 300 merks Scots. And as to the seventh desire, craving that a surgeon, a gunsmith and saddler may be allowed to go to the said troopers and allowance appointed for them, the estates of parliament have ordained and ordain a surgeon and a saddler to be appointed for the said troops, and each of them to have the double pay of a soldier. And lastly the said estates of parliament have remitted and remit and seriously recommend to the committee of dispatches that some way may be found to make the gratuity appointed to Colonel Gilbert Kerr, Lieutenant Colonel Halkhead and Lieutenant Colonel Strachan may be made effectual to them, and that the troops also may be paid of what is due to them.
[1649/5/56]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in this third session of the second triennial parliament, taking into their consideration a supplication given in to them by Lieutenant Colonel James Menzies, showing that whereas the supplicant being lately appointed by the lieutenant general to be set for a time and take under charge the garrisons of Blair in Atholl, Ruthven in Badenoch and Garth, with a part of [Archibald Campbell], lord marquis of Argyll's regiment, his humble desire is that he may be removed from there and some other appointed thereto, and that in respect of the great dislike of the countrymen to have him in charge amongst them and within their bounds in regard of his former and many engagements with them, which he was employed in the public service. But if otherwise it shall be thought fit by the said estates to command the supplicant to take charge of the same, he humbly desires and expects that the said estates will be pleased (as a further encouragement to perform his duty to the public) to cause payment be made to him of those precepts which by the said estates were drawn on Sir James Stewart [of Kirkfield and Coltness], commissary-general, and that for keeping of the garrisons of Duart and Moy which were often required by order from the committee of estates sitting during the time of the unlawful Engagement to be delivered to Sir James Lauchlan MacLean but by him was still refused and kept for the estates' use. Supplicating the said estates would be rather moved thereto, considering that since the said supplicant came last to this town he has been charged with horning for making payment of such sums of money as he then contracted for buying of meal to the soldiers of the said garrison, which otherwise of necessity would have been delivered to the estates' enemies. Which supplication, with the desires given in by him anent the providing of the garrison houses and soldiers, being taken into consideration by the said estates of parliament, they have for answer to the said supplicant's desire anent payment of those precepts which were drawn on Sir James Stewart, commissary-general, for keeping the garrisons of Duart and Moy, and for his payment and satisfaction thereof, have assigned and assign to the said Lieutenant Colonel James Menzies to so much of the estate of Thomas Menzies of Bogowny†, who is excommunicated, and to the rents and estates of other excommunicated persons as will satisfy him of the sum due to him by the precepts, extending to the sum of £11,232 13s 4d. And the said estates declare that this present assignation is and shall be always without prejudice of the commission granted by them to Arthur Forbes of Echt and to the former assignments made in favour of Doctor Alexander Colville and John Hay of Knockcowdie, which are in no way prejudiced hereby. And for particular answer to the eight desires given in by the said lieutenant colonel, the said estates of parliament have ordained and ordain as follows, namely: that there be a considerable magazine of ammunition, meal, malt and salt presently put into the garrisons in Blair of Atholl, Ruthven in Badenoch and Garth to continue untouched until necessity urged the same, and that a sure course be laid for payment to the officers and soldiers of their monthly pay. The said estates of parliament have ordained and ordain that trial be taken what ammunition, meal, malt and salt were left in the said garrisons and what victual the commissary-general has sent there according to former orders, and that 200 bolls of meal be further sent there to be presently taken out of the meal in Perth, and the garrison of Perth be otherwise supplied; and appoint the committee of war of Perthshire to cause transport the said victual, and the troops lying about to be a convoy. As also that it be recommended to the lieutenant general to cause provide the said garrisons with so much ammunition out of Perth and Stirling as he shall think fit. And as to the second desire, bearing that [John Murray], earl of Atholl and the country may be ordained timeously to provide and lay in fuel to all the garrisons, the said estates of parliament have ordained and ordain the said earl of Atholl and the country people to provide for and lay in fuel to the said whole garrisons, and that orders be drawn up and accordingly directed for that effect from the said Lieutenant Colonel James Menzies. And as concerning the third desire, that a course may be taken for making watertight some rooms within the house of Blair for the soldiers to remain in, there being none within the whole house which holds out rain except two, the said estates ordain the commissary-general to provide 100 planks and cause transport them for covering so much of the house of Blair as will be needful for the soldiers. And as to the fourth and fifth desires anent the clothes for soldiers to lie in and pots, pans and vessels for their use, the said estates ordain the adjacent country round about to deliver to the said lieutenant colonel on his order 100 pair of white blankets, with 20 pans and 6 pots, which blankets, pots and pans the said estates ordain to be allowed to the furnishers thereof in the first end of their bygone maintenance preceding 1 June instant. And as to the sixth desire, that the adjacent country round about be ordained to fortify by working about the said garrisons as they shall be required by those who command them, the said estates of parliament ordain the country people adjacent to the said garrisons to fortify the said places by working and as they shall have orders from the lieutenant general for that effect. And as to the seventh desire anent the prices of necessaries which shall be found within the countries about the said garrisons, such as beef, mutton and cheese etc., the said estates of parliament ordain the committee of war of the presbytery of Perth to modify the prices of all necessaries and reduce them to as easy rates as can be. And as to the eighth desire, bearing that there be some spare arms appointed for the soldiers of the garrisons, in regard that many of the arms of those who are now appointed to be there are lost or broken by their long marches, the said estates of parliament remit the consideration hereof to the lieutenant general. And the said estates of parliament declare that this act is always without prejudice to Captain John MacNab of his right of keeping the garrison house of Garth, according to a former act granted to him for that effect, which is in no way prejudiced hereby by receiving orders from Lieutenant Colonel Menzies or other superior officers commanding in chief.
[1649/5/57]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the necessity and expediency of the sitting of the exchequer whereby such business that is competent to them may be passed and issued, have therefore ordained and ordain the lords and others of exchequer appointed in the last session of parliament to sit down upon Monday next, 11 June instant, in their accustomed place, and from thenceforth to sit once a week at least to the effect aforesaid, notwithstanding of the sitting of the parliament, until the said estates of parliament take further course relating thereto; and ordain the same to be published by sound of trumpet at the market cross of Edinburgh that none pretend ignorance.
[1649/5/58]*[print] [email] [cite] [preceding] [following]
The estates of parliament now presently convened, taking into their consideration the supplication given in by Alexander Stewart, professor of medicine, lawful son to the late John Stewart, usher to his majesty, making mention that where he having had no certain residence nor has had these 20 years bygone, but travelling continually in his calling, being sustained partly by the support of friends and partly by my own pains in my said calling; and I having come out of the isle of Bute from Mr Patrick Stewart, minister at Rothesay, his brother, did go towards Perth, hoping to have had some residence there in exercise of his calling, he was seized upon in the meantime as an intelligencer or seminary priest, and thereupon brought over before the said estates of parliament and is now incarcerated within the tolbooth of Edinburgh. And seeing it is certainly known and evident to all that knows him that he is in no way guilty of any thing committed against kirk or state in this land, nor ever had any such intention, and has cleared himself of the premises before the presbytery of Perth, who could find nothing of that kind against him as was furnished, and that he is lying now miserably in prison, destitute of all help, therefore humbly supplicating the said estates of parliament to take trial and examine him in the premises, and if he shall be found guilty and does not refuse to receive the greatest punishment that the said estates of parliament shall be pleased to inflict, and if no fault be found in him (as in conscience he knows none and as he is confident his innocence is well-known), he humbly entreats that the said estates of parliament would give warrant to the provost and bailies of Edinburgh and their depute keeper of the tolbooth to put him to liberty thereof without further charges or expenses, seeing he is a poor, old, aged man, diseased with a rupture and deafness, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they have ordained and ordain the provost and bailies of Edinburgh to put the said Alexander Stewart, supplicant aforesaid, to liberty out of the said tolbooth of Edinburgh.
[1649/5/59]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in this third session of the second triennial parliament, taking into their consideration a supplication given in by the parishioners of Kilmadock and Kincardine and the moderator of the presbytery of Dunblane, with the ministers of the said two parishes, making mention that where they have taken into their consideration the dangerous condition of that part of the country where they reside by reason of ignorance and the want of the power of godliness amongst the most part of the inhabitants, they conceive this great evil not only to arise from paucity of kirks among them, and consequently penury of the means, but also from the inconvenient and disorderly situation of those that are especially of the parishes of Kincardine and Kilmadock, the bounds of their residence that lie so indiscriminately in a dismembered and disjointed way as will be found strange to those who shall perambulate the bounds and diligently consider the same. Therefore it comes to pass that many of the commons are strangers not only to the preaching of the word, but discipline and other means tending to the promoting of personal and domestic reformation, being far distant from their own parish kirk and not subject to the censure and order of that kirk to which the place of their residence is nearest, where liberty, ignorance and profanity is much cherished and purity with the promoting of reformation much hindered and obstructed in these parts. For remedy of which evils, they have resolved upon the building of a kirk and the erection of a new parish, and are content and willing to build the same upon their own charges and to provide a manse and a glebe thereto, providing they may have a competent maintenance out of the teinds of the said parish for him who shall be appointed to serve at the said kirk. Therefore humbly supplicating the commissioners of the general assembly that they would be pleased to give their concurrence for promoting the said work and give their best advice to the parliament for their erection of the said parish kirk and providing the same with a competent stipend, and that they would show them what may be the most compendious course for them to choose whereby this work may take some speedy effect without any longer delay, which they trust will be a service very acceptable to God and contribute much for the reformation of these bounds, as at more length is contained in the said supplication. Which being recommended by the said commissioners of the general assembly to the estates of parliament, and thereafter being read and considered by them, they have recommended and seriously recommend the aforesaid supplication and the desire of the supplicants therein contained to the commission appointed for plantation of kirks, that some short and speedy course may be taken relating thereto without delay.