[1649/5/140]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament, considering that by the deposition of Sir John Hamilton of Orbiston, knight, the office and place of justice clerk is now vacant, and understanding the qualification and abilities of Hugh Campbell of Cessnock for discharging the said office, therefore they have elected and nominated the said Sir Hugh Campbell to be justice clerk and give and grant to him the whole privileges, honours, dignities, fees, casualties and other commodities belonging thereto or of which the said Sir John Hamilton was in possession by virtue of the said office. And the said Sir Hugh Campbell of Cessnock, being personally present, accepted the said office and did give his oath for faithful administration, and thereupon asked instruments.
[1649/5/141]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament find unanimously that Alexander Brodie of that ilk ought to accept the place of one of the senators of the college of justice, notwithstanding of many reasons offered by him in the contrary.
[1649/5/142]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of Mr James Hay of Bridgemark and Mr David Hay of Woodcockdale, his brother, together with another supplication presented by them in name of Marion Hay, their sister, and Marion Preston, her daughter, showing that there was a contract of wadset between John Preston of Stentonbarns, the said Dame Marion and the late John MacLae, advocate, by virtue thereof for the sum of 5,000 merks they wadset to the said late John certain lands, and that the said late John MacLae, by back-bond, acknowledged that his name was only borrowed thereto on behalf of Margaret, daughter to Sir John MacKenzie of Tarbat, who is administrator of the law, obtained a decreet before the lords of session ordaining Janet MacLae, daughter to the said John MacLae, to deprive himself of any right she had; after which, the said Sir John dealt with the said supplicants (who were cautioners in the contract) to provide the said sum of 5,000 merks for the redemption of the said lands and to deliver to Mr Andrew Fairfoul, minister at Leith, (to whom the said Sir John was indebted) the same sum, which the supplicant did, and at Martinmas [11 November] 1647 paid the said sum of 5,000 merks to David Fairholm in name and on behalf of the said Mr Andrew at his direction, which he has still kept since then. And therefore desiring that the said Mr Andrew may be ordained to cause Janet MacLae choose curators and deprive herself of the said lands, or else may be ordained to pay the said sum to the supplicants with interest, as at more length is contained in the said supplications. Which, with the report of the committee of bills given in by the said committee after hearing of the said Mr Andrew Fairfoul, being personally present, and Sir John MacKenzie anent the payment of the aforesaid sum to David Fairholm at the direction of the said Mr Andrew, being taken into consideration by the said estates of parliament, they find that the said Mr Andrew has received the said sum of 5,000 merks at the time above-written; and seeing the said supplicants and their said sister lie yet out of the said sum and have not any sufficient surety for the same, therefore the said estates of parliament have ordained and ordain the said Mr Andrew Fairfoul to redeliver presently to the supplicants the said sum of 5,000 merks principal sum aforesaid, and also to deliver and pay back the whole annualrents of the same since the term of Martinmas 1647, which was the term of his receipt, and in time coming during the non-payment of the said principal sum; or else in place thereof that the said Mr Andrew purchase and procure a sufficient discharge to the said supplicants and their said sister of the annualrent of the said sum allowed to them for the interest of the said money which they are obliged to pay since the term of Martinmas 1647; and ordain letters to be directed upon a charge of six days only if need be.
[1649/5/143]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in to them by Gillian Wilkie, spouse to George Wood of Colpnay†, showing that upon the petitioner's last supplication, holding forth to the said estates of parliament her husband's and her own sad sufferings, to the utter ruin of both, by the enemies of this kingdom arising in the north, and that because of her husband's constant adherence to the covenant and refusing to comply in such wicked and destructive courses, which he would never countenance (notwithstanding of many allurements offered to him to go on in those designs), withal representing to the said estates of parliament her husband's necessitous desertion with her own with the burden of five young children and the sixth in her belly, whom, according to that tie of duty by the law of God and nature, she has nothing to administer to them for their corporal sustenance nor for their education in virtue and literature, neither for their souls' good, besides her sad and heavy thoughts by the loss and ruin of that ancient (although mean) estate which God had called her husband to and which his predecessors had these many years bygone. The said estates of parliament, upon knowledge of their great and pitiful extremity with their poor young children, have looked several times upon their miserable crying for help at their hands and support in their starving condition; not only did they most liberally acquiesce them to some present relief (for which now our prayers shall not cease to call to the heavens for a blessing upon them in remuneration of so great favours) but also the said estates were pleased to recommend their deplorable condition to the committee of monies, that an effectual means might be used for supporting their necessities and reparation of their great sufferings, that such a competency might be bestowed upon them as might be judged fit and nearly to repair their great losses; and that in consideration of a recommendation of the provincial synod of Lothian by many reverend ministers and many honourable lay elders, witnessing their notoriety of their low and pitiful condition and the cause thereof, as is formerly expressed in their late supplications and several other testificates presented in the committees, witnessing that for her husband's faithful carriage they lost their ancient (although mean) estate and are far in debt above the worth thereof for the cause aforesaid, and are driven from any being of their own and were forced to take themselves to several quarters of this kingdom, fearing if her husband should stay with them that they should be pursued and would lose their lives for his sake, as a sufficient testificate for witnessing the verity hereof sent to the said estates of parliament under the hand of Mr David Lindsay, minister of the Gospel at Belhelvie, and upon the 15 of this instant approved by the committee of the shire of Aberdeen, more amply purports. Therefore humbly craving the said estates of parliament in the bowels of mercy and pity to take the premises into consideration and vouchsafe such a measure of favour upon them as may merely balance the loss of their estate and put them from this continual begging and continual troubling of the said estates in this pitiful extremity and want, to which they are reduced; for as she is a Christian, they have nothing in the world, neither present nor to be a constant life, but what it pleases God to move the said estates' hearts graciously to bestow upon them, for the committee of monies, to whom the said estates did recommend them, did remit them back again to the said estates of parliament in respect the parliament was at the down-sitting and could hardly have so many of their number together as would be a quorum; and withal the said estates were graciously pleased to give them something to live on until they should take course with them or otherwise they would have starved, it being true and of verity (which is well-known) that her said husband was not indebted before these troubles began except in only the sum of 5,000 merks and had for taking course for payment thereof the sum of 8,000 merks of her dowry good. Therefore humbly supplicating the said estates of parliament again and again that they would be graciously pleased, after considering their extremity occasioned by their sufferings and losses in the public cause, to fall upon some course in the deepness of their judgments for repairing their losses in the public cause, that so they may relieve their overburdened estate and be released from under the heavy weight of penury where they are presently affected; and being confident of the said estates' charity in such a great extremity, it shall be had in perpetual remembrance by their prayers to God for their prosperity, 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 recommend seriously the supplication, with the supplicant and her family's hard condition, to the committee of monies, and ordain the said committee with all diligence to pay the said supplicant the sum of 1,000 merks Scots for present subsistence to her and her family.
[1649/5/144]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication given in to them by Mr William Strachan, minister at Daviot, and Mr William Strachan, his son, against John Leith of Harthill and Mr Robert Petrie, agent in Edinburgh, desiring that the subscribed minute of contract between the supplicants on the one part and the said John Leith of Harthill on the other part, dated at Harthill, 17 November 1645, whereby the lands of Lewesk were wadset by Harthill to the supplicants for and under reversion of 8,600 merks, are not only declared to be redeemable from the supplicants except by payment to them of the sum of 5,000 merks, but the supplicants are also obliged to pay yearly to Harthill and his spouse the sum of 288 merks during the non-redemption, may be declared void and null from the start, according to the act of parliament of 26 March 1647 made anent annulling bonds given to James Graham, [earl of Montrose], Alastair MacDonald and their adherents, as at more length is contained in the said supplication. Which, with the report of the committee relating thereto, being considered by the said estates of parliament, and that after citation of Harthill anent the aforesaid minute of contract whereof the aforesaid duplicate is produced by the supplicant, and concerning the cause and way of subscribing thereof, they, upon consideration thereof and of the supplication of the presbytery of Garioch, subscribed by the moderator and produced by the supplicant, find that the aforesaid minute of contract whereof the subscribed duplicate is produced falls directly under the aforesaid act of parliament of 27 March 1647 annulling bonds given to James Graham, Alastair MacDonald and their adherents, the aforesaid minute of contract being granted and subscribed by the supplicants at the time of the rebellion mentioned in the said act and when the supplicants were under the power of Harthill. Therefore the said estates of parliament ordain the aforesaid minute to be void and null from the start and in time coming with all that has followed or may follow thereupon, and declare their heirs and successors to be altogether free of the keeping and fulfilling thereof.
[1649/5/145]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration a supplication given in to them by Elizabeth Forbes, widow of the late Thomas Mowat, town clerk of Aberdeen, showing the deplorable condition that she and her four fatherless children are reduced to, they having nothing to live upon but one piece of land which the said late Thomas had in wadset for the sum of 3,000 merks, and that the same is altogether unprofitable to them by the tenants deserting their possessions through the payment of extraordinary cess, quarterings and public dues; and that the supplicant, having represented the same to the committee of war of Aberdeenshire, they have recommended her to their present commissioners of parliament that she may be relieved of any public dues in time coming, as the said supplication at more length bears. Which, with the report of the committee of bills relating thereto, being taken into consideration by the said estates of parliament, in respect of the supplicant's mean condition testified by Mr Andrew Cant, minister of Aberdeen, and that the maintenance of that land is found by the committee of bills not to exceed £3 Scots monthly, therefore they liberate and by this act have liberated the said piece of land wadsetted to the said late Thomas for the said sum of 3,000 merks from payment of all quarterings, maintenance, levies or any public burdens in time coming and until the same be discharged by parliament or committee of estates, and likewise grant precept upon [Sir James Stewart of Kirkfield and Coltness], commissary-general, for making payment to the said supplicant of the sum of £200 for her present subsistence.
[1649/5/146]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in to them by Jaffray Irvine in Craiglier, showing that where one John Carruthers, sometime indweller in Craigshouse in Annandale, being apprehended for certain thefts committed by him upon the borders, it is of verity that the greatest part of his thefts and robberies were against the said supplicant and John Beatie in Middlebie and John Steel in Kirkconnel, who are likewise supplicants; for which cause they have, with concurrence of his majesty's advocate, raised letters before his highness's justice and his deputes, as the same produced with the said supplication will testify. And seeing the most part of the witnesses who were seeing and knowing are merchants and other travellers towards England, dwellers in the inlying parts of the country, some in Edinburgh and some in Glasgow, so that necessary it is to the said supplicants to have the said John Carruthers transported out of the tolbooth of Dumfries and out of the hands of any others who have him in captivity to the tolbooth of Edinburgh, to the effect he may be presented before the justice the said day, according to the criminal letters raised relating thereto; and seeing they have found caution already to pursue him and that they are content to find sufficient caution for his transportation, therefore humbly craving the said estates of parliament to have consideration of the premises and to give warrant hereby for his transportation to the tolbooth of Edinburgh that justice may be done upon him as appropriate; and for that effect to ordain the provost and bailies of Dumfries to deliver him to them, seeing they are instantly content to find caution for his safe transport under what penalty it shall please the said estates of parliament to appoint, 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 do ordain the provost and bailies of Dumfries to deliver the said John Carruthers to the said supplicants that he may be transported to the tolbooth of Edinburgh, they finding caution for his safe transport there.
[1649/5/147]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration the supplication of Sir James Fraser of Brae, showing that he having taken wadset of the lands of Dallas from Robert Cuming of Alter for the sum of £20,000, and that these lands were burdened before for the sum of 20,000 merks to the late Mr John Maxwell, bishop of Ross, whereupon he and his wife were infeft in liferent and his son in fee in the said lands, the said late Mr John Maxwell, by a back-bond subscribed by him and registered in the books of council, declared there was no more resting to him but the sum of 11,000 merks, whereof the said Robert Cuming of Alter, as cautioner for the said late Mr John Maxwell, has paid to sundry of his creditors the sum of 4,500 merks, so that there is only resting the sum of 7,000 merks or thereby. As also showing that the supplicant took the wadset of the aforesaid lands with the burden of the said Mr John Maxwell's sum, and seeing the annualrent thereof will belong to the public in respect of his rebellion and malignancy and that the supplicant can find no easier way for defraying a part of his losses than to retain the annualrent of the sum in his own hand, he being resting the aforesaid sum of 7,000 merks or thereby by the supplicant in his own hands in the first end of his losses, as the supplication purports, the said estates, upon consideration of the premises, do hereby grant warrant to the said Sir James Fraser, supplicant, to retain and keep in his own hand the annualrent of the aforesaid sum of 7,000 merks or thereby pertaining and indebted to the said Robert Cuming of Alter since the date of Sir James Fraser's contract of wadset upon the lands of Dallas, which is in the month of July 1642 until the year of God and month of July 1647; and ordain Robert Cuming of Alter, for his relief, to retain in his hands the annualrent of the aforesaid sum of 7,000 merks or thereby from the heirs of the late Mr John Maxwell. And hereby the estates of parliament discharge the said Sir James Fraser at the hands of Robert Cuming of Alter of the annualrent above-written and the said Robert Cuming of the said annualrent at the hands of James Maxwell, now son and apparent heir to the said late Mr John Maxwell, that the said Robert Cuming incurs no prejudice. And the said estates of parliament ordain the two part of the annualrents above-written to pertain to Sir James Fraser and the third part to John Hay of Knockoudie towards the reparation of their losses for as much, and this without prejudice to the widow and creditors of the late Mr John Maxwell, their rights thereto as by law.