[1649/5/192]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
The estates of parliament, considering a letter sent to them by the governor of Carrickfergus and the report of the committee of dispatches for supply of the said place in satisfaction of the colonel's distress, do ordain that 500 or 600 bolls of meal and peas be sent there for relief of that garrison of Carrickfergus, and ordain 300 bolls to be ready tomorrow and some horses with all care and speed provided to carry the said quantity of meal to Glasgow, from there to be carried to Greenock, and then to be embarked for Ireland.
[1649/5/193]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament ordain a precept to be directed for summoning Sir Alexander Hamilton, general of artillery, to compear before the parliament or committee of estates between now and Thursday next for answering a libel given in against him.
[1649/5/194]*[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 the Lord Lovat, showing that whereas he has formerly put out his horse and foot in relation to the division between [George MacKenzie], earl of Seaforth and himself, which although a division was named yet true it is there is none contained therein but their friends, whereby the Lord Lovat and his friends are mightily prejudiced by their unequal burden. Therefore humbly supplicating the said estates of parliament that the said Lord Lovat may not put his horse and foot out with the earl of Seaforth and his friends; and that because there may arise various inconvenience thereby unless he puts out his horse and foot according to his maintenance and men and accordingly as all others in the kingdom do; and that the Lord Lovat, his friends and vassals may not fall under any other diminution, but that they may put out their horse and foot as is above-expressed, 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 said Lord Lovat, his friends and vassals to put out their horse and foot according to their proportion of the maintenance and fencible men in all time coming and not into division with the Lord Seaforth or his friends as formerly.
[1649/5/195]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication given in to them by Margaret Forrester, lawful daughter to the late John Forrester, sometime in Letham, and William Clepan, her son, bearing that where the late John Crichton of Strathord, by his letter of tack and assedation of the date 25 March 1611, for the sum of 1,000 merks then received from the said late John Forrester, her father, by him set in tack and assedation to the said late John Forrester and the late Janet Watson, his spouse, and the longest liver of the two, and to the said Margaret Forrester, their daughter, her heirs and assignees all and sundry the teind sheaves of all and whole the town and lands of Letham, with the pertinents thereof, lying within the barony of Regorton, alias Strathord, and sheriffdom of Perth for the days, space, years and terms of nine years and further until the said late John Crichton made payment to her said late parents (and failing of them by death, to the said Margaret Forrester) of the said sum of 1,000 merks whereupon the said teinds are redeemable. By virtue whereof, the said late John Forrester became in the possession of the said teinds at the date aforesaid of the said tack and held the same for the space of 10 years thereafter that the said Margaret was married with the late William Clepan; at which time the said John Forrester renounced his liferent thereof in favour of the said late William Clepan and her and provided her said late spouse and her to the said teinds, according to which they became in possession of the said teinds of the said lands and held the same continually since then until the year of God 1641. Since which time she and her bairn (she being a poor widow and he being a poor boy wanting sight) have been debarred from the possession and collection the said teinds by the influence of Mr Patrick Omay, parson of Moneydie, who pretended right to the said teinds, and of Mr Robert Nairn of Strathord, elder, and Mr Robert Nairn, his son, heritors of the said lands of Letham, who also pretend right to the said teinds and hinder the tenants of the said lands to make payment to them of the said teinds according to their right, albeit the same be still in the said tenants' hands, against whom they have served inhibition thereupon yearly upon the said tenants and yet can get no payment by the influence and malice of the persons aforesaid. And they having no influence nor means to pursue them by the order and course of law, and the said Mr Robert Nairn, being an advocate, who has such influence that she cannot be heard nor able to contend with him that way, therefore humbly supplicating the said estates of parliament, in respect of their poor and miserable estate and condition, to give command and warrant to any officer of arms to warn George Thomson in Ballobrogo, Patrick Garvie in Letham, Patrick Galletly there, John Craik there and William Caithles there, William Menzies in the holl of Strathord, William Thomson in Letham, William Roy there, Donald Robertson there, Robert Smith there and Alexander Webster, sometime in Letham, tenants and occupiers of the said lands of Letham and who are indebted in payment of the said teinds and has them in their hands, and the said Mr Patrick Omay and Mr Robert Nairn, elder and younger, parties aforesaid, to compear before the said estates of parliament on 22 June instant in the hour of cause to hear and see the said tenants above-nominated of the said lands of Letham, with the pertinents, determined to answer and pay to them the said teind sheaves of the said lands, with the pertinents, for the said bygone seven years and likewise yearly in time coming during the non-redemption of the said teinds, to be paid of the said sum of 1,000 merks according to their said tack and right thereof in all points, or else to show a reasonable cause why the same should not be done; with certification to them if they fail they shall be determined in manner aforesaid according to justice, as at more length is contained in the said supplication. Which, with the report of the committee of bills bearing the defences and answers of both parties, together with their opinion relating thereto, being taken into consideration by the said estates of parliament, they have remitted and recommended and do remit and recommend the whole business as it stands in the said report to the lords of session to judge and decide therein speedily without citation of parties or further hearing with burdensome expenses.
[1649/5/196]*[print] [email] [cite] [preceding] [following]
The estates of parliament now presently convened have ratified and approved and do ratify and approve the decreet of forfeiture written below given by the committee of estates against John MacDonald of Eilean Tioram, captain of the Clanranald, and Angus MacDonald of Largie, whereof the tenor follows: At Edinburgh, 22 May 1649, anent the summons of treason raised and pursued at the instance of Sir Archibald Johnston of Wariston, then his majesty's advocate, for his majesty's interest, and procurators of the estates of this kingdom, and now pursued by Mr Thomas Nicolson, now his majesty's advocate, for his highness's interest, and the said procurators of the estate, against John MacDonald of Eilean Tioram, captain of the Clanranald, and Angus MacDonald of Largie; that is to say the said defenders to have answered for the crimes, facts and deeds particularly and generally underwritten and for all other crimes of that kind that might have been laid to their charge and to have heard and seen them determined and declared by the said estates of parliament or their committees to be appointed by them to have been guilty of the said crimes, facts and deeds after-specified, and therefore to have incurred the pain of high treason against the king's majesty and estates of this kingdom, and the pain of forfeiture of life, lands, estate and goods to be executed against them, and the benefit thereof to be applied to the public for their relief, the public burdens or otherwise to be applied in the option of the said estates of parliament or their committees, to have heard and seen them otherwise censured and punished in their persons, means and fortunes and in their lands, estates and goods by fining, confining or other ways as the said estates of parliament or their committees should find expedient under the pain of high treason and forfeiture or other pain or pains to have been inflicted upon them by the said estates of parliament or their committees at their option, contentment and arbitrament, and the benefit thereof to be applied to the use of the public for the relief of the burdens. With certification if the said defenders should be contumacious and not compear, the said estates of parliament or their committees as should be sitting for the time would then instantly proceed against the said defenders and every one of them who did not compear as rebels and traitors and guilty of high treason against his majesty and estates of this kingdom, to the forfeiting of their lives, lands, estates and goods to be applied to the use of the public as said is, and that their contumacy and absence should be held as manifest probation of their guiltiness without necessity of any further probation; and if they compeared and remained present at the whole diets of procedure, that then the said estates of parliament or their committees or either of them as should happen to be then sitting for the time would proceed against the said defenders upon lawful probation to the forfeiting of their lives, lands, estates and goods to be applied to the use of the public as said is, or otherwise by punishing or censuring of them according to the nature and quality of their crimes, misdeeds and malversations, and that it be in their option and arbitrament of the said estates of parliament or their committee that should happen to be sitting for the time to be disposed upon by them for the use of the public and otherwise using of the said defenders in all hostile manner as open and manifest traitors to this kingdom and estates thereof, according to the laws and practices of this kingdom, justice, reason, equity and conscience at the arbitrament and determination and judgement of the said estates of parliament or their committee to have been nominated and appointed by them or any of them that should happen to be sitting for the time. Because by the common law and by the laws, acts and statutes of this kingdom and by all justice, equity and conscience all persons whatsoever who rise in arms or rebellion or who concur with the adversaries of this kingdom for invading thereof and who rise in arms and concurred with the adversaries against the estates of parliament or against the forces levied by them or by their committees; all invaders, assaulters by force of arms of any forces levied for defence of this kingdom, as killers of the subjects, takers, apprehenders and imprisoners of them and wilful raisers of fire and burners of houses, corns or kirks; all takers and holders of houses, castles, towns, forces or garrisons therein within this kingdom; all persons being landed men and committers of theft and forcible robbery; and all who were either authors, abettors, maintainers, assisters or suppliers or had any hand in countenancing and concurring with the adversaries of this kingdom or in keeping or in holding intelligence with the adversaries of this kingdom; and all who went into the armies of the rebels and invaders of this kingdom; and all who were art and part of the aforesaid crimes or any of them, were guilty of high treason and had incurred the pain of forfeiture of life, lands, estate and goods to be applied to the use of the public; at least were punishable otherwise at the judgement and determination of the parliament or committee of estates sitting for the time in their lives, lands, estates and goods to be applied to the use of the public and were punishable in their names and fames by fining, confining or in other ways as the parliament or committee of estates sitting for the time should think fit; likewise as by the fourth act of the third parliament dated 29 June 1644 all takers up of arms against this kingdom and the estates thereof were guilty of treason and punishable by forfeiture of life, lands and goods or any other censure the estates of parliament should please to inflict. And true it is that John MacDonald of Eilean Tioram, captain of Clanranald, in the month of November 1644 took arms against this kingdom and estates thereof in so far as the said John MacDonald, with 200 armed men or thereby of his accomplices, followers and assisters, did in the month of November 1644 join with James Graham, earl of Montrose and Alastair MacDonald and Irish rebels commanded by them when the said James Graham and his rebellious army troubled and molested this kingdom (for which the said James Graham and Alastair MacDonald were declared rebels and traitors by the estates of parliament of this kingdom); likewise the said John MacDonald, with his aforesaid associates, after his joining aforesaid with the said James Graham and Alastair MacDonald, marched in arms with them through the countries of Breadalbane, Argyll and Lorne, where they burnt, wasted and destroyed 18 parishes by burning the whole houses and corns and by robbing and destroying and taking away all the goods and gear they got therein; likewise in the said month of November 1644 and in the month of January 1649 the said John MacDonald of Eilean Tioram, being still in arms with the said James Graham and Alastair MacDonald, he and his accomplices committed many and various murders, slaughters and other insolencies upon his majesty's lieges; likewise the said John MacDonald of Eilean Tioram, with his aforesaid accomplices, was with the said James Graham and his rebellious army at the battle of Inverlochy in February 1645 where the said rebels fought against the forces and armies of this kingdom; likewise the said captain sent his eldest son and his aforesaid followers and accomplices to join with the said rebels, who joined with them at Methven Wood at the time when the estates of parliament were sitting at Perth in the month of July or August 1645 and were with the said rebels at the battle of Kilsyth which was upon 15 August 1645; likewise the said Angus MacDonald of Largie took up arms against this kingdom in the month of October 1645 in so far as the said Angus MacDonald of Largie in the said month of October 1645 joined in arms with the said Alastair MacDonald and that a party of the rebels were commanded by him and had a captain's place and commanded a company and remained so continually and actually in rebellion with the said rebels until they were defeated by Lieutenant General David Leslie and forces commanded by him in the month of May 1647, during which space the whole lands of Cowal and Skipny, Kylfleat and Knapdale and certain other bounds within the sheriffdom of Argyll were all burnt, harried and wasted and destroyed by the said rebels; likewise in the month of April 1647 the said Angus MacDonald, with his accomplices, was a part of 1,000 men or thereby of the said rebellious army sent by Master MacDonald from Kintyre to burn the burgh of Inveraray, and was then present at the burning of the said burgh at that time, and was in arms with the said rebels in May 1647 when the said Lieutenant General David Leslie encountered with them. All which crimes of treason particularly above-specified or either of them the aforenamed persons, defenders, were principal actors, factors and authors and abettors or art and part, at least the said defenders were countenancers, assisters, suppliers of the aforesaid rebellious army, at least have countenanced and concurred with the said rebels, enemies and adversaries and invaders of this kingdom, at least the said defenders did go into the said rebellious army or to James Graham, late earl of Montrose or to Alastair MacDonald, leaders thereof, and joined with them in their rebellion, at the least the said defenders were guilty and art and part of the aforesaid crimes, facts and deeds respectively above-specified or one or other of them. And therefore the aforenamed persons, defenders, had committed and were culpable of (at least accessory to or art or part) the aforesaid crimes of high treason and other crimes and misdeeds and malversations particularly and generally above-specified or one or other of them, and consequently the said defenders and each one of them incurred the aforesaid pain of high treason to be executed against them in their lives, lands, estates, goods and the benefit thereof to be applied to the use of the public; at least had incurred the aforesaid pain and punishment in their persons, names and fames and in their lands and estates and goods to be applied to the use of the public, or otherwise were censurable and punishable as open and manifest traitors and enemies to this kingdom and estates thereof according to the nature and quality of their crimes, misdeeds and malversations, one or more respectively aforesaid, according to the said laws, acts of parliament and practice of this kingdom, justice, reason, equity and conscience at the arbitrament and determination and sense of the said estates of parliament or their committees, according to their decreet and sentence to have been given and pronounced by them or any of them who should happen to be sitting for the time against the said defenders therein according to justice, and anent the charge given to the said defenders to have compeared before the said estates of parliament or committee to be nominated and appointed by them to have answered for the aforesaid crime and deeds and others of that kind to the effect above-written. Which being called in the last session of parliament, compeared the said Mr Thomas Nicolson, for himself and in the name of the other pursuers, and the defenders being often times called in plain parliament and not compearing, the said estates did remit the summons to the committee of estates, with power to them to decide therein. Likewise the said committee by their commission from the parliament, specially authorised to decide and determine in all matters remitted and referred to them by the parliament in manner specified in the said commission, in pursuance whereof the said Mr Thomas Nicolson, for himself and in name of the other pursuers, compearing before the committee of estates and, exhibiting the said summons to them, desired the said committee of estates to consider the relevancy of the summons and thereafter that the said committee would assign a day to him for proving thereof. And the said committee having considered the relevancy of the same, and a certain day past being assigned to the said Mr Thomas for proving thereof, and several witnesses being examined in the said matter by the committee of estates, and the said committee having considered the said summons and executions with the depositions of certain witnesses, and having at length heard and considered the same, and being fully therewith advised, the said committee of estates find that member of the libel bearing the said John MacDonald of Eilean Tioram, with his aforesaid accomplices, was with the said James Graham and his rebellious army at the battle of Inverlochy in February 1645, where the said rebels fought against the armies and forces of this kingdom, relevant to infer the pain and punishment of treason, namely: forfeiture of life and estate, lands and goods, and find the same sufficiently proven by the depositions of the said witnesses. And likewise the said committee find that part of the said summons that the said Angus MacDonald of Largie was in arms with Alastair MacDonald and that he was constantly with the said Alastair until the rebels and he were defeated by Lieutenant General David Leslie and the forces under his command by him in the month of May 1647, during which space the lands of Cowal, Skipney, Kylflait, Knapdale and certain other bounds within the sheriffdom of Argyll were all burnt and destroyed by the said rebels, and that the said Angus MacDonald was with the said Alastair MacDonald after the battle of Kilsyth and at the burning of Inveraray and remained still with the rebels in Kintyre until they were overthrown by the said Lieutenant General David Leslie, relevant to infer the pain and punishment of treason: that is forfeiture of life, lands and goods and the benefit thereof to be applied to the use of the public, and find the same sufficiently proven by the depositions of the said witnesses. And therefore the said committee of estates do hereby find and declare that the said John MacDonald of Eilean Tioram and Angus MacDonald of Largie have incurred the pain and punishment of high treason to be executed against them and either of them in their lives, lands and goods, and hereby forfeit the said persons and either of them in their persons, lands, estates and goods, ordaining their said lands, estates and goods to be applied to the use of the public. And likewise ordain the said persons' arms to be riven and rent in due form as appropriate and themselves to be executed to death whensoever they or either of them can be apprehended, in the whole heads, clauses and circumstances of the same after the form and tenor thereof in all points particularly and generally as is above-written.
[1649/5/197]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in to them by Patrick, earl of Panmure, showing his great losses and sufferings (which are approved and registered by the committee appointed for that effect); also showing his lands of Navar and Brechin were altogether ruined, and therefore desiring that some course may be taken for his redress, and in the meantime that his said lands of Navar may be suspended from paying any monthly maintenance or other public dues until such time as the said lands should be put in equal condition with others, as at more length is contained in the said supplication. Which, with the report of the committee of bills relating thereto, being considered by the said estates of parliament, they have remitted and remit and seriously recommend the supplication, with the desire of the said earl of Panmure therein contained, to the committee of estates, to be taken into consideration by them and to determine therein as they shall think fit.