[1649/5/108]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
[1649/5/109]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering the manifold evils both of sin and punishment with which this land has been afflicted, by reason of the malignant insolencies and profanity of many in our armies, and calling to mind that they have lately made a solemn confession and acknowledgement to God thereof as one of the public sins of the land, and that they have engaged themselves for purging of judicatories and armies and entrusting and employing none but such as are of known good affection, and to the effect that none be suffered to bide in the army who are of a profane, malignant and scandalous carriage, having therefore according to their vows, and for removing and preventing all dangers or inconveniences that may fall out thereby, and for remedying and relieving the exorbitant burdens and oppressions of the country because of such men's insolencies, thought necessary to grant power and commission to some well-affected persons in several shires for visiting the troops and companies quartered therein, and for ordering and directing the dismissal or otherwise punishing of them as they after trial shall find their miscarriage to deserve. And for that effect the estates of parliament grant commission, warrant and power to [...] to visit the troops and companies lying within the shire of [...] and receive all complaints against them, to take all manner of trial of their carriage by information or examination of the country people with whom they have been quartered, or other honest persons of the shire, or officers or soldiers in these troops, either upon their oaths or otherwise as they shall think fit, and to give up to the chief officer upon the place the list of such officers and soldiers as they shall find guilty of any of the faults contained in the instructions given to them by this present parliament, that the said officer forthwith secure their horses and arms and remove them out of the army, or punish them otherwise as they shall deserve. And in case the said commissioners shall upon pregnant presumption think fit before trial that any officer or soldier be secured until they be tried, that the chief officer upon the place, upon the desire of the said commissioners, shall accordingly secure the said persons with their horses and arms.
Articles for purging the army, first concerning officers:
1. That if there be any officers in the army that served under James Graham, [earl of Montrose], [George Gordon], late marquis of Huntly or their adherents against this kingdom and cause, that they be dismissed and put out of the army.
2. That no officer that served in the late Engagement against England shall be employed as an officer in the army or be permitted as a common soldier or ride with a troop or company in the army, but shall be dismissed and put out of the army, unless he has been admitted by consent of the parliament or committee of estates and general assembly or their commission.
3. That any officer who after trial shall be found guilty of malignant and disaffected speeches, such as railing and envying against the cause and covenant or against the ministry or against the present civil government, and such as are of a profane carriage or are guilty of oppression, be dismissed and put out of the army.
4. That any officer who after trial shall be found to have refused sufficient, rightly qualified soldiers and has taken money for them and misapplied the same, either in whole or part, to his own private use, and levied malignant, disaffected or profane and scandalous men in their places to complete his number, that the officer that shall be found thus guilty be dismissed and imprisoned until he makes restitution of the money to the commissioners for the use of the public.
5. That all officers that levied money for soldiers and did not complete their number shall restore the double to the commissioners for the use of the public and be further punished as the general persons shall think fit.
Secondly, concerning soldiers:
1. That all soldiers that served under James Graham, the late marquis of Huntly or their adherents against this kingdom and cause be dismissed and put out of the army.
2. That all soldiers that want sufficient testimonials or are found to be guilty of railing, unless they be of known and approved integrity, within a convenient time to be allowed by the commissioners for that purpose, be dismissed and put out of the army and their horse and arms taken from them.
3. That all soldiers (albeit such as have testimonials) as are found to be guilty of railing against or abusing the cause and covenant or against the ministry or against the present civil government, and all such as are blasphemers and mockers of piety or despisers of the worship of God or profaners of the Lord's day or oppressors of the people or drunkards or plunderers or unclean persons, be dismissed and put out of the army and their horse and arms taken from them.
4. That no person that shall maintain any error or practice contrary to the doctrine, worship and discipline of this kirk or against the civil government by king and parliament according to the covenant and declarations of this kingdom shall be permitted in the army to serve as officer or soldier, but shall be removed and dismissed.
5. That the places of such officers as shall be dismissed and removed out of the army, being under the degree of a captain, be filled for this time by the colonel of that regiment, with the advice and consent of the commissioners of the respective shires where the same are for the time appointed for purging the army, and that the supernumeraries, women and footmen be purged out of the army.
6. That no officer receive into a troop or regiment any of those that are purged out of the army under the pain of dismissal, and recommend to the said commissioners for purging the army and the officers of the army to fill up the places of such as shall be purged out with such of the well-affected officers and soldiers as have fled out of Ireland.
And the said estates give warrant to the persons before named to convene in such places and at such times as they shall think fit, with power to them to choose clerks and other members of meeting, and ordain them at the first meeting to give their oaths for faithful administration, discharging the said commission in all the heads and articles thereof; and to report their diligence in the said matter on this side of the River Tay between now and 1 August, and on the other side of the River Tay between now and 15 August under the pain of 1,000 merks to be paid by the aforesaid persons failing to do their diligence and to report against the said day.
[1649/5/110]*[print] [email] [cite] [preceding] [following]
The which day commission was granted by the parliament to certain persons for doing justice upon three witches, whose depositions, being subscribed by some of the presbytery of Haddington, were read in audience of parliament and found to be a ground for granting a commission as said is.
The which day the parliament, having heard the depositions of some women suspected of the crime of witchcraft within the parish of Haymouth, did grant commission for trying the same and to report.
[1649/5/111]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in this third session of the second triennial parliament, having taken into their consideration a supplication given in to them by the heritors and remainder of the kirk session of Cramond, showing that where they at the beginning of this great work when the public stood in great need of money did, out of the honesty of their hearts and affection to the work, lend to the public the whole treasure of their kirk and poor money, which amounted to 3,000 merks; and seeing at this time the necessity of their poor is so great that they cannot get supplied unless the said estates of parliament cause pay to them their monies, therefore humbly desiring that the said estates of parliament would take an effectual course for paying their money or at least their bygone annualrents, which now is four years and a half, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they have recommended and earnestly recommend the aforesaid supplication, with the desire of the said supplicants, to the committee of monies, that a speedy and effectual course may be taken by them for payment and satisfaction of the aforesaid sum of 3,000 merks or at least the bygone annualrents thereof; and for that effect they give warrant to the said committee to direct precepts upon [Sir James Stewart of Kirkfield and Coltness], commissary-general, for the more ready payment of the same.
[1649/5/112]*[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 underwritten, whereof the tenor follows: The heritors underwritten within the parish of Cramond and Mr William Dalgleish, minister at the kirk thereof, that where the said heritors within the said parish, for advancement of religion and propagation of the Gospel of Christ, and considering the small maintenance and stipend that their minister has for his service at the cure of the said kirk of Cramond, have therefore subscribed a contract and agreement for augmentation of his stipend, the tenor whereof follows: At Edinburgh, 4 and [...] days of April and [...] the year of God 1649. It is appointed, contracted and finally agreed between the parties underwritten, they are to say John [Elphinstone], lord Balmerino, titular of the teinds within the parish of Cramond as yet unconveyed to the heritors within the same; and John [Hamilton], earl of Haddington and Dame Jean Gordon, widow of the late Thomas [Hamilton], earl of Haddington, liferenter of the lands of Craigie Mill and Brigend within the said parish; George [Forrester], lord Forrester; Sir Ludovic Houston of that ilk; Sir John Hope of Craighall; Thomas Henderson of Easter Granton; Sir John Smith of Grotehill; Mr John English of Nether Cramond; Mr Thomas Young of Leany; Mr Thomas Rigg of Aithernie; Peter Rollock of Pilton; John Hamilton of Muirhouse; James Loch of Drylaw; Mr Robert Adamson of Craigcrook; Sir Patrick Hamilton of Little Preston; Mr David Primrose, advocate, portioner of Over Cramond; Mr James Whitehead of Park; Alexander and James Howison, portioners of Over Cramond; James Wilkie of Cambo and other heritors within the said parish of Cramond on the one part, and Mr William Dalgleish, present minister at the kirk of Cramond, on the other part. That is to say the said Lord Balmerino, titular of the teinds aforesaid, and other heritors within the parish above-nominated, considering that the present provision and stipend due to the said Mr William Dalgleish as minister at the said kirk is so mean and small that the same cannot be sufficient to support him and his family in that part of the country, being so near to the burgh of Edinburgh where all sorts of victual and other necessaries are at so great a dearth and bought at so high a rate, the said present provision and stipend due to the said Mr William Dalgleish as minister at the said kirk being only but 200 merks money and four chalders of victual, with the vicarage amounting to another 225 merks, extending in total to 425 merks money and four chalders of victual; and they being most willing and careful that the said Mr William Dalgleish and his successors, ministers at the said kirk, be sufficiently provided with a competent stipend and provision in all time coming (being bound thereto in conscience and duty both before God and man) according to their rank and quality as messengers of the Lord and ministers of his word, therefore the said John, lord Balmerino and heritors above-named within the said parish by this act bind and oblige themselves and each one of them for their own parts, their heirs and successors to content and pay to the said Mr William Dalgleish and his successors, ministers at the said kirk in all time coming, all and whole the sum of 375 merks money aforesaid of augmentation, and that over and above the present old stipend and vicarage above-written, each one of them for their own parts thereof in manner after-divided, namely: the said John, lord Balmerino, the sum of £83 Scots money; the said John, earl of Haddington and the said Dame Jean Gordon, widow of the said late Thomas, earl of Haddington, liferenter of the lands above-written, £20 money aforesaid; the said Lord Forrester, £20; the said Sir Ludovic Houston, £14; the said Sir John Hope, £8; the said Thomas Henderson of Easter Granton, £8; the said Sir John Smith, £21; the said Mr John English, £10; the said Mr Thomas Young, £14; the said Mr Thomas Rigg, £8; the said Peter Rollock, £10; the said John Hamilton, £14; the said James Loch, £12; the said Mr Robert Adamson, £6; the said Sir Patrick Hamilton, £8; the said Mr David Primrose, £2; the said Mr James Whitehead, £2; the said Alexander and James Howison, £4; the said James Wilkie, £4 money aforesaid; extending the aforesaid particular sums above-written to the sum of 375 merks money aforesaid. And so the old stipend and provision and this present augmentation, amounting in total to the sum of 800 merks money aforesaid and four chalders of victual, beginning the first year's payment of the said augmentation at the term of Whitsunday [2 June] next for the crop and year of God 1648 and at the term of Whitsunday 1650 for the crop and year of God 1649 and so forth yearly thereafter at the term of Whitsunday in all time coming. And on the other part, the said Mr William Dalgleish, for himself and his successors, ministers serving the cure at the said kirk of Cramond, has accepted and by this act accepts this augmentation above-written and old stipend and provision above-specified as a constant, modified and sufficient stipend and provision to him and his successors, ministers at the said kirk in all time coming, without any further provision or augmentation to be craved by him and his successors at any time hereafter in any manner of way. And finally both the said parties, contractors, are content and by this act declare that this present contract above-written and provision therein contained shall be ratified, allowed and approved by the commission for plantation of kirks and valuations of teinds with all conveniency as a constant and sufficient modified stipend and provision to the minister serving the cure at the said kirk in all time coming as said is. And for the more security, both the said parties, contractors, are content and consent this act be inserted and registered in the books of council and session to have the strength of a decreet of the lords thereof, that letters of horning upon a simple charge of six days only and others needful may pass hereupon in the appropriate form, and constitute [...] their procurators, promising concerning [their] approval etc. In witness whereof, both the said parties have subscribed this act with their hands at the day, month, year and place aforesaid etc. Written by David Pearson, servant to Mr Robert Dalgleish, advocate, before these witnesses. Signed thus, Balmerino, Forrester, Haddington, Jean Gordon, Houston, John Craighall, Thomas Henderson, J. Smith, Sir P. Hamilton, Mr Thomas Young, Mr John Inglis, Thomas Rigg, Mr David Primrose, Peter Rollock, James Loch, J. Wilkie, Mr William Dalgleish, Mr Robert Adamson, James Howison, J. Whitehead, John Hamilton and Elizabeth Bennet. Which augmentation being accepted by the said Mr William Dalgleish, for himself and his successors in manner aforesaid, therefore humbly craving the said estates of parliament that they would be pleased to ratify, approve and confirm the said contract in the whole heads, articles and clauses thereof particularly above-written and to interpose their authority thereto and to decree and ordain the same to have the strength and effect of an act of parliament in all time coming; and, if need be, for letters of horning to be directed on a simple charge of six days only, according to the clause above-written contained in the said contract, for causing the same to be duly observed in all points. Which supplication being read in audience of parliament, and the said estates of parliament being therewith well and ripely advised, have ratified and confirmed and approved and by the tenor of this present act ratify, confirm and approve the said contract and agreement in the whole heads, articles, clauses, conditions and obligations thereof particularly above-written in all points. And the said estates declare that the aforesaid contract and this present ratification thereof is and shall be a sufficient and a valid right to the said Mr William Dalgleish and his successors, ministers serving the cure at the said kirk of Cramond, for holding, enjoying, possessing and uplifting the said augmentation yearly at the said term of Whitsunday both bygone and in all times coming, according to the tenor of the aforesaid contract and agreement and this present ratification thereof, and by this ratification have interposed and interpose their authority thereto, ordaining the same to have the full force, strength and effect of an act of parliament in all time coming. And likewise, if need be, have ordained and by this ratification ordain letters of horning and other execution necessary to be directed hereupon on a simple charge of six days only, according to the clause above-written contained in the said contract at the instance of the said Mr William Dalgleish and his successor for causing the same to be duly observed, kept and fulfilled to them, according to the tenor thereof and obligations above-written contained therein in all points.
[1649/5/113]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the qualification and abilities of Mr Alexander Colville [of Blair], justice depute, for discharging the place of auditor of the army and of his long attendance thereupon in former times, therefore they have nominated and elected and do nominate and elect the said Mr Alexander Colville to be auditor of the army and give and grant to him the said office with the whole privileges, honours and dignities, casualties and fees that he has had at any time bygone for discharging of the said office.
[1649/5/114]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that part of the supplication of the ministers within the province of Argyll, craving ratification of the three several acts underwritten made in their favour by the committee of war of the sheriffdom of Argyll and other heritors and gentlemen of the same convened for the time, and having at length heard, seen and considered the same acts, the first bearing date at Inveraray, 20 July 1646, the second of the same bearing date at Dunstaffnage, 14 September 1647 and the third of the said acts bearing date at Inveraray, 6 July 1648, of which acts the tenors follows: At Inveraray, 20 July 1646. Which day the committee of war of the sheriffdom of Argyll and other heritors and gentlemen of the same convened for the time, considering the supplication given in before them by the ministers of that province whose parishes are burnt, representing their necessity and craving that, for their help of subsistence whereby they may in some measure be enabled to live for the discharge of their function, they may have paid to them of this instant crop some reasonable consideration for the teinds of all corns and barley growing within their several parishes. And the said committee, heritors and gentlemen, considering the said ministers' stipends are payable out of the first and readiest of the teinds of their parishes, and being most willing that they be encouraged, that they be enabled in this distressed time to remain and exercise their functions for the glory of God and the good of souls committed to their charge, therefore it is ordained and appointed that every one of the said ministers within their said several parishes respectively shall have duly and thankfully paid to them a reasonable satisfaction of money or victual for the teinds of all corn and barley sown and growing within their said parishes of this instant crop 1646 aforesaid. And it is recommended to the heritors, tenants and others whom this act may concern without question or delay to make payment and satisfaction accordingly as they and either of them will be answerable, and it is also hereby recommended to the bailies, special gentlemen and officers of each parish to concur with the said ministers to see them satisfied and paid of the said teinds. At Dunstaffnage, 14 September 1647. Which day the committee of war of the sheriffdom of Argyll and other heritors and gentlemen of the same convened for the time, [Archibald Campbell], lord marquis of Argyll also being present, considering that by an act of the said committee bearing date at Inveraray, 20 July 1646 it was ordained and appointed that every one of the ministers in the province of Argyll whose parishes were burnt by the rebels should have paid to them within their several parishes a reasonable satisfaction of money or victual for the teinds of all corn and barley sown and growing within their said parishes for the crop and year of God 1646 for their maintenance because the parishes were not able, by reason of the devastation and burning thereof, to pay them their local stipends. And the said committee, taking to their further consideration that albeit (by God's providence) the rebels be now expelled, yet the said burnt parishes will not be able for this year and many of them for some years to come to pay their ministers their local stipends, therefore it is hereby ordained and appointed with common consent that the aforesaid act shall stand in force and have effect for this instant crop and year of God 1647 and longer until it pleases God that the country be in such a condition that it may pay the ministers their local stipends. And to this effect ordain that they and each one of them for their own parts have duly and thankfully paid to them for their maintenance and subsistence and in place of their said local stipends all and sundry the teind sheaves of all corn and barley growing in their several parishes of this said instant crop and year of God 1647 aforesaid and in time coming during the space aforesaid only or a reasonable satisfaction thereof in victual or money yearly, with provision that where titulars and tacksmen of the teinds of any of the said parishes are able and willing to pay to their ministers their stipends according to custom, that these ministers shall accept the same and have no interest to the said teind sheaves. And it is seriously recommended to the heritors, tenants, titulars, tacksmen and others whom this act may concern without question or delay to make or cause be made thankful payment and satisfaction to their said ministers according to this present act, that they have no just cause of complaint. And it is also hereby seriously recommended to the bailies, several gentlemen and officers of each parish to concur and assist in seeing the said ministers and each one of them duly satisfied and paid in the premises. At Inveraray, 6 July 1648. Which day the committee of war of the sheriffdom of Argyll and other heritors and gentlemen of the same convened for the time, the lord marquis of Argyll being also present, have ratified and approved and by the tenor of this present act ratify and approve the former act made by them in favour of the ministers of the province of Argyll whose parishes were burnt and destroyed by the rebels of the date at Dunstaffnage, 14 September 1647, whereby the teind sheaves of their parishes are ordained and appointed to be paid to them for their maintenance and subsistence in place of their local stipends yearly until such time as the country be in that condition that it may pay them their local stipends in manner and at length specified in the said acts, with this addition: that the said ministers shall also have paid to them for this crop and hereafter during the space aforesaid only the brocks and small teinds of their parishes or else the accustomed valuations of the same: that is to say that those pieces of land that are able and willing to pay the accustomed valuation shall be no further obliged for the said brocks and small teinds, and those pieces of land that are not able and willing to pay the accustomed valuation shall be obliged to pay the brock and small teinds from this body or a reasonable satisfaction thereof, with this provision: that whether the titulars and tacksmen of the teinds of any of the said parishes are able and willing to pay their ministers' customary local stipends, that these ministers shall be held to accept the same and have no right nor interest to the same teind sheaves, brocks of small teinds of their said parishes or any part thereof. And the said committee does hereby recommend seriously to the heritors, tenants, titulars, tacksmen and others whom this act may concern without question or delay to make thankful payment and satisfaction to the said ministers according to this present act, and also recommend to the bailies, special gentlemen and officers of each parish to concur and assist the said ministers to see them duly satisfied and paid accordingly. The said estates of parliament, taking into their consideration the equity and justice of the said acts, have ratified and approved and by this ratification ratify and approve the aforesaid three several acts made in favour of the said ministers in the whole heads and contents thereof after the form and tenor of the same in all points, and declare the same to be good and valid rights to the said ministers for their peaceable possession and enjoying of the said teinds in manner and upon the conditions therein mentioned and with the qualifications after-following, namely: first, that the said ministers getting possession of the said teinds for their maintenance in manner, upon grounds and during the space mentioned in the said acts shall in no way be hurtful nor prejudicial to the heritors, liferenters, titulars, tacksmen and others having right and interest anent their rights and securities of the same teinds made to them, their authors and predecessors. Secondly, that in parishes where there are several titulars and tacksmen and others having right to the teinds thereof, whereof some were not obliged nor were never in use to pay any part of the ministers' stipends, that in the first place the whole teinds great and small in the parish belonging to those who are obliged and were in use to pay the ministers' stipends and out of which the same was accustomed to be payable be paid to him; and if that does not make up his accustomed stipend, that then and in that case and in no other way the rest of the teinds to those who are not liable in payment of the said stipend, at least so much thereof as may make up the accustomed stipend, be paid to the ministers. Thirdly, that in this interim during the ministers' possession of the said teinds for their maintenance upon the grounds contained in the aforesaid acts, to the effect the true worth thereof may be known, there be four or more honest men of each parish chosen by the minister and those having right to the teinds to estimate and value the same to the true and reasonable worth thereof yearly, to the effect payment may be made accordingly and not the teinds led nor taken up to his body, with this condition always: that such lands and pieces of land who are willing to pay the teinds great and small according to the valuation and as they were in use before the late troubles shall be no further obliged, neither shall there be any further estimation craved of the worth of the teinds either great or small that they are content to pay the valuation for; that this be always without prejudice of the mortified stipend to the kirk and school of Dunoon. With which qualifications above-written, the aforesaid ratification is granted by the said estates of parliament and in no other way.
[1649/5/115]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering that by the 20th act of the first session of the third parliament of our late sovereign lord upon 23 July 1644, entitled 'Act declaring vacant stipends should be employed on pious uses', it is declared that the vacant benefices or stipends of all kirks within the highlands shall only be employed for training up youths that have the Irish tongue at schools and colleges; and that now it is desired by the province of Argyll that the aforesaid declaration or restriction contained in the said act may be enlarged, therefore the said estates of parliament do hereby declare that the aforesaid vacant benefices or stipends of kirks within the said province of Argyll shall not only be employed for training up youths that have the Irish tongue in schools and colleges, but also on other pious uses either within the parish of the vacant kirks or within the bounds of the presbytery or otherwise to some other pious use within that province, as the several presbyteries at their provincial meetings shall find most necessary and expedient.
[1649/5/116]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that part of the supplication given in to them of the province of Argyll, making mention of the great hindrance of the progress of the work of reformation in these parts by reason of the union of kirks and large extent of several parishes and of the far distance of many lands from their own parish kirk, being much nearer to other kirks; and that in their provincial meetings, for remedy hereof, they had resolved on several good overtures for disuniting kirks and dismembering parishes and erecting new kirks, also represented by them to the said estates of parliament; and in respect it would be great and extraordinary charges and expenses for all parties having interest in this matter to proceed to the burgh of Edinburgh, and that in regard of their great sufferings and losses they are not able to attend thereupon before the commissioners of parliament appointed for plantation of kirks, therefore humbly craving a commission to the persons after-nominated for proceeding in the said matter at home, as the said supplication more fully purports. Which supplication and overtures above-written presented therewith being at length heard, seen and considered by the said estates, the estates of parliament have given and granted and by this act give and grant full power and commission to [Archibald Campbell], lord marquis of Argyll, James Campbell of Ardkinglas, John Campbell of Strachur, Archibald Campbell of Otter, Duncan Campbell of Ellengreg, Sir Robert Montgomery of Skelmorlie, Robert Campbell of Achawilling, Hector Bannantyne of Kames, John Campbell of Drumfynie, Alexander Campbell of Glendaruel, bailie, Neil Campbell of Duntrune, Alexander Campbell of Pennymore, George Campbell, sheriff depute of Argyll, Donald Morrison, provost of Inveraray, William Loudoun, bailie there, Duncan Campbell, bailie depute of Knapdale, Hector MacAlexander of Loup, James Campbell of Ormsary, John Campbell, bailie of Kileslet, Mr Dougal Campbell of Lagg, Archibald Campbell of Craigness, John Campbell of Lochnell, Archibald Campbell of Dunstaffnage, Mr Donald Campbell of Auchenard, John Campbell of Ardinlenie, John Campbell of [...], Malcolm MacNeill in Darachan, Neil MacNeill in Carsbey, or any seven of them, to convene and meet within the burgh of Inveraray or any other commodious and convenient place or places within the bounds of the said province of Argyll at such times and diets as they shall think expedient, and to take trial and investigation of the aforesaid overtures passed in the said provincial meetings; and upon these, or any other just and lawful ground to be presented before them, to proceed in the division of kirks, dismembering of parishes, erecting of new kirks in large parishes and disjoining of lands far distant from their own parishes and join the same to the nearest parish kirks, and providing and appointing stipends to the several kirks. And for this effect, with power to the said commissioners or any quorum of them to hold courts and meetings as often as they please. And for the better discharge of their commission, to take exact trial of the worth of the rents of the lands and teinds, as well as parsonage as vicarage, as well as valued as not valued, within the province of Argyll, and to direct out summons for citing all parties, namely: heritors, titulars, tacksmen, parishioners and others having interest before them at such days and diets as they shall appoint and affix; and for summoning of witnesses to give their oaths and depositions, and to use all manner of probation competent, and to do everything relating thereto for trying and clearing of the true worth of the said lands and teinds likewise and in the same manner as if no valuation of the said lands and teinds had proceeded at any time bygone, and affix days, diets and places of meeting, which the said estates of parliament ordain all parties and witnesses who shall be cited to attend and declare relating thereto as the commissioners or their quorum shall require them; and after trial, to modify and appoint such stipends to be paid to the ministers in the several parishes within the said province as the said teinds will bear and the standing laws of this kingdom does allow. With power also to the said commissioners or any quorum of them to choose their own officers and other members of court (except a clerk, who is to be appointed by [Sir Archibald Johnston of Wariston], lord register); and generally with power to the said commissioners or any quorum of them to do and perform all other things requisite and necessary in the said matter, according to the laws of the kingdom, they always being accountable to the estates of parliament or their commissioners appointed or to be appointed for plantation of kirks for their faithfulness in discharge of this commission and reporting their whole proceedings in writing under the hands of their quorum and clerk to the said estates of parliament or commissioners aforesaid, to the effect the same may be approved and receive the strength of law. And ordain the said [...] to be convener to the first meeting of the commissioners, and this present commission is appointed to endure until the [...] day of [...].
[1649/5/117]*[print] [email] [cite] [preceding] [following]
The estates of parliament now presently convened, taking into their consideration a supplication given in to them by Colonel Robert Home, sometime governor of Inverness, making mention that where it is not unknown to the said estates of parliament what service he has done to the public, for which, according to the committee of accounts, after due examination and trial taken of his accounts, there is justly resting owed to him the sum of £15,658 13s, as his account duly fitted by order of committee and subscribed by John Udny of that ilk and Thomas MacBirnie, provost of Dumfries, appointed for hearing thereof, bears. Therefore humbly craving the said estates of parliament that they would be pleased to give order that he may be satisfied and paid of the aforesaid sum of £15,658 13s, according to the said fitted account, as the said supplication at more length purports. Which, with the report of the committee, being taken into consideration by the said estates, they have recommended and recommend the said supplicant to the committee of monies to take some effectual course for speedy payment and satisfaction to him of £15,658 indebted to him by the public, according to a subscribed account attested under the hands of the laird of Udny and Thomas MacBirnie, bearing the date 24 April 1648.
[1649/5/118]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in this third session of the second triennial parliament, having taken into their consideration a supplication given in to them by the university and burgh of St Andrews, showing that whereas there are quartered in St Andrews 230 soldiers of [Colonel James Campbell of] Lawers' regiment, a number far above their just proportion in regard of the maintenance and far above their power to quarter in regard of the former losses in the public affairs and present poverty of inhabitants and present dearth and scarcity of victuals; which number of soldiers does cause dearth and a scarcity of all kinds of victual to the university, so far that if they continue there certainly either the rents of the colleges will be exhausted and much debt contracted (which the university cannot bear) or the colleges must be discussed before the ordinary time, contrary to the laws relating thereto and to the great prejudice of order and discipline and the advancement of learning in the university. Therefore humbly craving the said estates of parliament to take the present condition of the university into consideration and to give order for removing from soldiers there, at least so many of them as are above the just proportion of maintenance, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they find the desire thereof just and reasonable. They have ordained and ordain the committee of war of the sheriffdom of Fife forthwith to remove all soldiers from the burgh of St Andrews who are quartered there above their proportion of the maintenance payable by the said burgh, and ordain the said committee or quorum thereof (after intimation of this act to them) to meet for the cause above-specified.
[1649/5/119]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in this third session of the second triennial parliament, having heard and considered the supplication given in by Mr James Campbell of Moy, showing that where the said petitioner did supplicate the said estates in the last session of parliament that his lands of Moy might have been declared to be a part of the shire of Nairn to which they were annexed past memory of man, and in no way to be a part of the sheriffdom of Elgin and Forres, considering that his predecessors and authors have been always accustomed to keep the courts of the said sheriffdom of Nairn and did contribute with them in all taxations and were never troubled by any of the said shire of Elgin and Forres until the beginning of the late troubles, since which time he has been forced against all equity and reason to contribute with the said shire, notwithstanding that he did concur with the aforesaid sheriffdom of Nairn in payment of all public dues according to his proportion, to the supplicant's great loss and prejudice; and seeing it was the estates' ordinance for the better clearing of his said lands to be a part of the sheriffdom of Nairn, that the tax roll of the said shire should be produced (which is here ready to show) for instructing thereof, therefore it is the said supplicant's humble desire that the said estates would be pleased to take the premises into their consideration and evidence the same by declaring his lands of Moy to be a part of the aforesaid sheriffdom of Nairn and only liable thereto, according to the aforesaid tax rolls, and in no way to be a part of the sheriffdom of Elgin and Forres; and in respect thereof, to discharge the sheriff of Elgin and Forres, committee of war thereof and all others whom it concerns from any further troubling or molesting him or his aforesaid successors or tenants of the said lands of Moy for taxation, maintenance or whatsoever other public burdens in all time coming, as at more length is contained in the said supplication. Which, with the report of the committee relating thereto, being taken into consideration by the said estates, they have ordained and ordain the said Mr James Campbell's lands of Moy in all time coming to bear burden with the sheriffdom of Elgin and Forres and pay the public dues thereof within the said shire of Elgin where it locally lies, and declare the said lands free from bearing any burden or paying any public dues within the sheriffdom of Nairn to which it is annexed, and discharge the committee of war of the shire of Nairn and collectors thereof from troubling the supplicant, his successors, tenants and servants for payment of any public dues for the said lands of Moy in all time coming, providing that the supplicant answer to the courts of the shire of Nairn for the said lands of Moy to which they are annexed as in former times.
[1649/5/120]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in the third session of the second triennial parliament, having taken into their consideration a supplication given in to them by Thomas Kerr of Mersington, showing that where there are certain actions and causes of great importance intended and depending at the instance of certain persons against him, as well as before the said estates of parliament as before the lords of session; likewise various persons, his creditors, who, having taken advantage of his absence, have obtained decreets and letters of caption against him so that he cannot safely compear to pursue and defend in the said actions, whereby he may conveniently get such course taken therein as will sufficiently enable him to give all satisfaction to his said creditors without the said estates of parliament's warrant and personal protection granted to him for that effect. Therefore humbly craving the said estate of parliament that they would be pleased to grant to him a special warrant and protection to the effect above-written, superseding and suspending all personal execution against him at the instance of whatsoever person or persons during the time of the depending of his said actions or for such a space as they shall please, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they have granted protection to the said Thomas Kerr of Mersington from all personal execution to be used against him for any civil debt until 1 July next to come, and therefore discharge all sheriffs, stewarts, bailies of regalities, heritable bailies and their deputes and all magistrates of burghs and their under-officers and messengers of arms and all others who have any charge in that kind to put any letters to execution against him for the causes aforesaid until the said day inclusive. And in the meantime the said estates of parliament discharge the said Thomas Kerr of Mersington from any right or disposition of any of his lands, goods or gear to any other person or creditor either for preference or in prejudice of other creditors, which if he shall do, the said estates of parliament declare the same to be null and void as it had never been done.
[1649/5/121]*[print] [email] [cite] [preceding] [following]
The estates of parliament now presently convened, taking into their consideration a supplication given in to them by the provost, bailies and council of Brechin, for themselves and in name and on behalf of the other inhabitants and neighbours of the said burgh, making mention that where by the noisome plague of pestilence (as is well-known) two parts of the inhabitants of the said burgh were taken away, whereby they are disabled and weakened in men and money that they are not able to contribute with the kingdom in the public service according to their proportional part of the burden laid on them, and as they have been in former times before the said contagion and death, and according to their affection to the public cause. Nevertheless, the committee of war within the sheriffdom of Forfar at all and every occasion when there is a public order for raising and equipping troops does still burden them and exact their old proportion as if they were as able as they were in former times and as if there had been never such deaths amongst them, which is beyond their power and as they are not able to do if there shall be any considerable forces levied in this kingdom unless they, the magistrates and council of the said burgh, go forth themselves in proper person. Therefore humbly supplicating the said estates of parliament to take their distressed estate into consideration and to grant them exemption of two parts of their proportional part for raising and equipping troops, seeing two parts of their number and men died through the said noisome plague of pestilence and they are not increased since; or otherwise give order and warrant to the commissioners of the said sheriffdom of Forfar to take a new list of their men and that accordingly they may be burdened in the levy and no further until it pleases God that their burgh be better inhabited, as at more length is contained in the said supplication. Which, with the opinion of the committee of dispatches, being taken into consideration by the said estates of parliament, they do hereby give power and warrant to the present commissioners of parliament from the said sheriffdom of Forfar to take up new lists and rolls of all the fencible men within the said town of Brechin, and ordain the said town to put out their footmen in all following levies according to the aforesaid new lists and rolls by the commissioners as said is.