The estates of parliament, taking into their consideration a supplication given in to them by Elizabeth Finlay, widow of the late Captain Lieutenant John Swyne, showing that where her said late husband, having long and dutifully served as captain lieutenant to the late Sir Thomas Morton of Cambo, knight, colonel to a foot regiment, and especially by the space of seven months immediately preceding that unhappy battle of Kilsyth, in which conflict her husband was killed; and true it is that at the time of his death there was due to him seven months' pay, being monthly £60, extending to £420, which the committee of Fife were ordained to pay to the said supplicant by the committee of estates. According to which, the committee of the sheriffdom of Fife has really paid the whole officers of the said regiment their whole arrears for the said seven months, the supplicant only excepted, who has never as yet received any satisfaction thereof (except only one month's means which her said husband received in his own time, with which he bought a horse, which was lost in the said battle), albeit he being but a soldier of fortune newly come into the kingdom and having engaged himself in several sums of money in mounting and equipping himself; and having left her with three poor fatherless children and one in her belly with nothing to maintain them or bring them up upon at all but left her engaged in several sums of money which were yet resting owed. Therefore humbly supplicating the said estates of parliament to take her and her poor fatherless children's estate and condition to their serious consideration, and out of their commiseration to take some present effectual course for payment to her of the aforesaid arrears as yet resting unpaid for maintaining her and her poor fatherless children and payment of these sums which her said late husband was engaged for, as at more length is contained in the said supplication. Which, with the report of the committee of bills, being taken into consideration by the said estates, they have recommended and recommend the supplicant to the committee of monies to take some effectual course for making payment to her of the seven months' arrears that was due to her said late husband, extending monthly to the sum of £60 and in total to the sum of £420.
[1649/5/154]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in by Sir James Fraser that whereas the enemies in the late insurrection have ruined his lands and made them fruitless to him and that the said estates of parliament are resting to him the sum of £24,000 and above, whereof he has nor can receive nothing, whereby he is reduced to that necessity as without the said estates' favour he can have no subsistence; and as his estate is ruined by the enemies for his adherence to this cause, so his name lies open to misconstructions, so that without some mark of the said estates' respect be put upon him until he is thus brought out from under this cloud he will not be thought faithful in his service to the said estates, as he hopes they will conceive and as indeed he has been upon these former considerations. He humbly supplicates the said estates for his encouragement that is so low and for the casting down of his enemies that would be raised up by his ruin either of his name or fortune, and that the said estates would be pleased to continue him colonel of 100 men to be put in the house of Lovat, which shall be forthcoming to the public service upon all occasions; and that the addition of this charge shall not prejudice the public so much as it shall contribute for it to see these ashes revived, which is almost extinguished for public affections, 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 of parliament, they have ordained and ordain Sir James Stewart [of Kirkfield and Coltness], commissary-general, to pay monthly to the said Sir James Fraser the sum of £200 out of the first and readiest of the maintenance in respect of the said Sir James' great sufferings and advancement of victual and monies by him to the public; and remit and recommend to Lieutenant General David Leslie to appoint such a number of men out of the army with their officers as he shall think fit for a garrison of the house of Lovat under the command of the said Sir James Fraser.
[1649/5/155]*[print] [email] [cite] [preceding] [following]
The estates of parliament give and grant order, warrant and precept to Sir James Stewart [of Kirkfield and Coltness], commissary-general, for payment to Lieutenant General David Leslie of the sum of £500 sterling resting to him of his bygone pension, and ordain this to be a warrant for allowing the same in the general's accounts. The estates of parliament ordain Sir James Stewart, commissary-general, to make ready payment of the sum of £400 sterling to the officers that were upon that party of horse under the command of Colonel Gilbert Kerr against my lord's others enemies in the north.
[1649/5/156]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the many great losses and heavy burdens that the burgh of Perth lies under through being often plundered by the common enemy quartered upon by friends and enemies and keeping a continual garrison within their town, to the exhausting of their victual and other necessaries, therefore the said estates of parliament have given and granted and hereby give and grant precept to the said magistrates of Perth upon Sir James Stewart [of Kirkfield and Coltness], commissary-general, for allowing to them the sum of [...] as the unsuspended maintenance of the said burgh for the months of July and August next and immediately following, and that in the first end of any monies due by them to the public for their losses or for any other cause whatsoever. And they have hereby ordained the auditors of the said commissary-general's accounts to allow the said sum to him in the discharge of his intromission with the public monies.
[1649/5/157]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having considered the supplication given in to them by Sir David Home of Wedderburn, craving the number of 150 men with competent officers of the companies levied out of the sheriffdom of Berwick and quartered in the same shire may have maintenance and locality as the rest of the army, as at more length is contained in the said supplication. Which, with the testificate under the hands of the committee of war of the said sheriffdom of Berwick, testifying the number of men and the time of the levying thereof, together with the report of the committee of dispatches relating thereto, being heard and considered by the said estates of parliament, they have appointed and allowed and appoint and allow pay and maintenance for 100 men with the officers of two companies from 18 May last, they being then on foot before the discharge of the committee of estates; and remit and recommend the determination of the time for the payment of the other 50 soldiers to the committee of estates.
[1649/5/158]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the petition of Mr James Campbell, provost of Dumbarton, showing that where it is well-known that there is due to him the sum of £8,394 which was furnished to the public by orders from the parliament at St Andrews, and after a long time and charges and many precepts granted to him, which were altogether ineffectual, the said estates of parliament by an act of 12 March last and ratified by an act in this last session were pleased to ordain him to be paid of the aforesaid sum with the annualrent thereof out of the readiest of the fines and monies to be received from [Thomas MacKenzie], laird of Pluscarden and his adherents. And now seeing [John MacKay], lord Reay and [Rorie MacKenzie], laird of Redcastle, [...] MacKenzie of Fairburn, [...] MacKenzie of Kinnock and [...] MacKenzie of Ord and others that were in the late rebellion are in the estates' power and liable to such fines and impositions as they think fit to enquire of them, and that it is well-known to the said estates that the petitioner has been at great and unprofitable charges seeking payment of the said monies this long time bygone, his humble desire is that the said estates would assign him to so much of the Lord Reay and Redcastle, [...] MacKenzie of Fairburn, [...] MacKenzie, younger, of Kinnock [...] MacKenzie of Ord of their fines and estates as will satisfy the supplicant of the sums aforesaid, and to ordain that they be not put to liberty until he be paid thereof or receive sufficient security for the same, to which, after so many disappointments, the supplicant humbly entreats that the said estates would be pleased to give him an effectual and speedy way by a present fining of them according to their delinquency, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they have assigned and assign so much of the fines of the Lord Reay and Redcastle, [...] MacKenzie of Fairburn, [...] MacKenzie of Kinnock and [...] MacKenzie of Ord as will satisfy the said supplicant of the sum of £8,394, and ordain that the said Lord Reay, laird of Redcastle, [...] MacKenzie of Fairburn, [...] MacKenzie of Kinnock and [...] MacKenzie of Ord be not put to liberty until he be paid thereof or else receive sufficient security for the same; and appoint the committee of monies presently to fine the said persons, with power to them to determine anent the fines as they shall think reasonable, reserving always (notwithstanding of this present act) the sums of money granted as a month's pay to the soldiers of those three troops which were commanded by Colonel Gilbert Kerr and the sum of 1,000 merks allotted to the wounded soldiers of these troops; and reserving an assignation and precept or right granted to Mr Thomas Nicolson, his majesty's advocate, to the said fines. And this act to be without prejudice of the Lord Reay's creditors to seek their just dues out of his estate in a legal way.
[1649/5/159]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in to them by James Melville of Halhill and Sir James Melville, his son, showing that where the committee of estates in March 1649, considering the great losses and advancements of the said supplicants with debts due to them and arrears owing to the said Sir James since the beginning of these troubles for their constant affection to the cause, and especially the last year for their disaffection to that unlawful Engagement they have been heavily quartered upon by many hundred of troops thereof at that time, to the great prejudice of the supplicants in their rents whereupon they should live and do public duties, therefore were pleased to recommend seriously to the committee of monies for approving such probations and instructions already made and for taking a speedy and effectual course for recompensing thereof. Therefore humbly supplicating the said estates of parliament that their aforesaid advancements and sufferings, with debts due to them respectively as they shall be instructed, may be again by the said estates seriously remitted to the said committee of monies (because the said committee has never had a complete quorum for hearing and answering such references), and that for payment and satisfaction to them; and that the said estates of parliament would presently liberate their lands from quarterings as the said estates shall think fit until they be put in some probable condition of recompense by the said committee for their present and former losses and in a complete estate for defraying public burdens, as at more length is contained in the said supplication. Which, with the report of the committee of bills, being taken into serious consideration by the said estates of parliament, they have recommended and seriously recommend to the committee of monies that the supplicants' condition may be taken into consideration, that course may be taken by them for the supplicants' payment and satisfaction of whatsoever losses, quarterings, advancements, debts or arrears shall be, after just probation, found due and found instructed to be justly resting to the supplicant or either of them.
[1649/5/160]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordain the magistrates of the burgh of Edinburgh to cause plant a garden at the south end of the parliament house and to cause erect a wall about it and likewise to take some effectual course for cleansing the streets and closes as they will be answerable.
[1649/5/161]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in to them by Elizabeth Blyth, widow of the late James King, merchant in Glasgow, Margaret King, their lawful daughter, and William Wallace, burgess of Paisley, now spouse to the said Elizabeth for his interest, showing that where the said late James King, having furnished to the Scottish army in Ireland by order of General Major Munro so much quantity of wheat as amounted to the sum of £377 8s sterling money, and having supplicated the committee of estates relating thereto in March 1644, they found it just and reasonable that he should be satisfied thereof out of the first end of the arrears due by the kingdom of England to the Scottish army in Ireland, and in case he should not have been satisfied that way, the same should be a public debt of this kingdom, and the estates thereof and their committees would be careful to see the same paid accordingly, as the said estates' act made relating thereto more fully purports. Likewise by a supplication given in by the said James King to the committee of estates upon 12 February 1645, declaring and showing to them the hard estate he was then in by reason of the burdens contracted by him and that his creditors would surely imprison his person and utterly undo him, the said committee then found his desire just and the debt instructed by the act aforesaid, and therefore represented the same to the parliament to be granted as they think fit, as the said supplication and signature written upon the margin thereof produced with the said supplication bears. And seeing that it pleased the Almighty immediately thereafter within the space of five weeks to call the said James out of this mortal life and that she and her said spouse have still since then been in great distress and brought themselves to a very low estate by settling and paying his creditors of their just debts upon hopes and expectation that the said estates would have, after such long time, satisfied them of the aforesaid sum and annualrent since then due thereof, they having no other means to subsist and live, therefore humbly supplicating the said estates of parliament to take the premises into their consideration and to be pleased to give sure order and warrant to the receivers of the public rents and revenues as they may be paid of the sum aforesaid due to them as said is and of the annualrent thereof since then, as the said supplication more fully purports. Which, with the report of the committee of bills relating thereto, being taken into consideration by the said estates of parliament, they have recommended and recommend the supplicant to the committee of monies to take some effectual course for payment of the sum of £377 8s sterling money.
[1649/5/162]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication presented to them by Henry Cunningham, portioner of Restalrig, bearing that he was nearest kinsman to a Robert Cunningham, minor, son to the late Colonel Alexander Cunningham, and tutor and curator left to him by his said late father, and that Lieutenant Kerr had violently taken away the said minor from the said Henry. As also another supplication presented to them by the said Lieutenant Kerr, showing that he had only taken the keeping of the minor for his good and at the desire of his friends, and therefore craving a favourable construction of his carriage and that the minor be not returned to Henry Cunningham's keeping. And likewise a third supplication presented by [Sir John Crawford], laird of Kilbirnie, craving the said minor, showing that by the advice of some of the minor's friends he caused bring him home from Sweden to this kingdom, and that Captain John MacMitchell, who did bring home the child, had delivered him to Henry Cunningham, who has caused choose Mr Thomas Henderson with the said Henry to be curators to him, and therefore desiring the parliament to take the protection of the minor and rescind the act of curatory that the minor's other friends and kinsmen may be chosen curators, as the said three supplications respectively at more length purports. The said estates aforesaid, having referred the said three supplications to the committee of bills, which committee, after consideration of the same and the supplicant's interest and relations to the said minor, did return their humble opinion bearing that the minor should be put in the company of the person or persons after-specified to be bred and educated by them or either of them upon the minor's own estate and according to his quality and the condition of his means; and that in the meantime, for the better preservation of his means and estate in regard the said Mr Thomas Henderson is nominated curator by the minor himself and he has his writs and papers in his custody and knows the condition of his affairs, and has already laid out sums of money for the minor's support, and is also desired by letters from the minor's grandmother at London and by letters from Colonel Hamilton in Germany (who was entrusted with the minor by his late father) to take care of the child, that therefore the said Henry Cunningham for any right he can have as tutor or curator grant a factor for administrating the said minor's estate either to the said Mr Thomas Henderson himself or jointly with the said laird of Kilbirnie, he and they being accountable to [John Campbell, earl of Loudoun], lord chancellor, and the minor's friends for their intromission, which factor the parliament should ratify. And in case the said Henry Cunningham should refuse to grant a factor to the effect aforesaid, that the parliament should then as now and now as then authorise and give power to the said persons for the special benefit, utility and profit of the said minor to administrate his estate in manner and with the conditions above-written, and that this be declared to be without prejudice of the said Henry Cunningham's right of succession to the minor as nearest of kin as by law, as the said report under the hands of Sir James Hope of Hopetoun and John Dickson of Hartree more fully bears. Which report of the said committee the said estates of parliament, having at length considered and being well advised therewith, they do ratify and approve the same, and ordain and appoint Mr Thomas Henderson to have the training of the said minor and intromission with his estate, and likewise the lord chancellor, the said laird of Kilbirnie, the said Henry Cunningham and the said Lieutenant Kerr to be overseers.
[1649/5/163]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in to them by Margaret Menzies, showing that the notoriety of the losses and sufferings these three years bygone are sufficiently known, whereby the poor tenants, having been so impoverished, having their houses burnt and their goods and gear taken from them, that they can hardly get their own maintenance. Yet notwithstanding, the supplicants are daily threatened with horning and all other extremities that can be used against them for non-payment of some bygone years of his majesty's feu duties owning to the exchequer, which feu duties, though they be but very small, yet in respect of the supplicants' present condition they are not able to make payment to them unless it were to their utter ruin. Therefore the supplicants humbly desire that the said estates would by their act free and liberate the supplicant and the tenants of the lands belonging to her in liferent of all his majesty's feu duties owing at the hands of the lords of exchequer, and for that effect to command and ordain William Murray of Keillor, collector of the said feu duties in Perthshire, and all other collectors that have been or shall be employed for that effect, not to exact the same from the supplicant and the said tenants for arrears nor trouble them in any manner of way in time coming for the said bygone feu duties, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they found the desire thereof just and reasonable. Therefore they have recommended and earnestly recommend the said Margaret Menzies to the lords commissioners of the treasury and to the lords and others of exchequer and to liberate the supplicant and her tenants from payment of any of his majesty's feu duties out of any lands belonging to her in time bygone since the troubles and in time coming during the devastation of the aforesaid lands, and to discharge the collector or subcollector of the feu duties within the sheriffdom of Perth to exact the same from her or her said tenants for the said years in time bygone and to come.