[1649/5/198]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
The which day the estates of parliament grant commission to certain persons for administrating justice upon some persons guilty of the crime of witchcraft within Aberdour and Inverkeithing, Haymouth and Dirleton.
[1649/5/199]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in to them by John Kennedy of Halies, showing that in April last he did, by order of the committee of war of the sheriffdom of Dumfries, cite certain noblemen and gentlemen to find caution for the peace of the kingdom, according to the order of the committee of estates; and that James Carlisle of Boytach, being one of those who were summoned and being much enraged against the supplicant for executing public orders, came accompanied with certain of his accomplices and searched for the supplicant to have wronged him, and did sundry injuries against him and his servants, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they find that the said James Carlisle was cited before the committee of bills and did not compear; therefore they have given and granted and by this act give and grant commission to the provost and bailies of Dumfries to examine witnesses in the said matter because they dwell in the said town and make report of their diligence between now and 20 July to the committee of estates, and ordain letters to be directed for charging the said James Carlisle to compear before the committee of estates at the said day under the pain of rebellion and of putting him to the horn.
[1649/5/200]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in to them by James Wallace, merchant burgess of Edinburgh, showing that after these 12 months of continual attendance by many humble addresses to the said estates of parliament for payment of £2,200 Scots expended by him at the said estates' command in accommodating the commissioners of England, they were pleased to grant precept upon [Sir James Stewart of Kirkfield and Coltness], commissary-general, for payment of the said sum, which precept he has presented but the said commissary-general has peremptorily refused to accept to pay or allow of it. Therefore humbly supplicating the said estates of parliament that they would be pleased either to cause the ready payment thereof or otherwise change the precept and draw it upon the tacksmen of the customs or excise of exported livestock or some way which the said estates may be pleased to make effectual for him; or if nothing, then give him warrant to make his address to the parliament of England, 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 committee of monies to give precept upon the commissary-general for present payment to the said James Wallace of the said sum of £2,200 Scots out of the readiest and first of the maintenance or any money in his hand, and that he have preference to the army or any other precept whatsoever drawn upon the commissary-general.
[1649/5/201]*[print] [email] [cite] [preceding] [following]
The estates of parliament do hereby give order and warrant that the papers containing the propositions of the commissioners of this kingdom to his majesty at the Hague in Holland, together with the king's majesty's answers thereto, be printed and published.
[1649/5/202]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of Sir George Maxwell of Nether Pollok, showing that where the supplicant's lands of Haggs, Shields and Titwood, within the parish of Govan and regality of Glasgow, one part of which regality lies within the sheriffdom of Lanark and another part thereof within the sheriffdom of Renfrew, have been formerly in use of payment of all public burdens and bearing burden of levies with the said shire of Lanark as being esteemed a part of that shire; and seeing it is clear from the supplicant's charters that the said land lies not within the said sheriffdom of Lanark but lies within the sheriffdom of Renfrew, the supplicant is also troubled by the collector of the sheriffdom of Renfrew for maintenance of the said lands as a part of the sheriffdom of Renfrew. Therefore the humble desire of the supplicant is that the said estates would give warrant to cause summon the committees of war of the said sheriffdom of Lanark and Renfrew and the collectors thereof that it may be by the said estates determined, after hearing of parties, to which of the said shires the supplicant's lands shall be liable in levies and payment of public burdens in time to come, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they find, after citation of the committees of war of the shires of Lanark and Renfrew respectively, and of the collectors of the same shires, and after inspection of the said Sir George's evidents, that the said supplicant's lands of Haggs, Shields and Titwood respectively lie not within the sheriffdom of Lanark but within the sheriffdom of Renfrew; and therefore they have declared and declare the aforesaid lands belonging to the said Sir George Maxwell to be within the sheriffdom of Renfrew and the valued rent and proportion and levies of the same lands to be added to the valued rent and levies of the said shire of Renfrew in all time coming, and ordain the same lands to be liable to levies of horse and foot and payment of all public burdens as lying within the sheriffdom of Renfrew, and discharge the committee of war and collectors of maintenance within the said shire of Lanark to burden the aforesaid lands for whatsoever levies or public dues, and appoint the said shire of Lanark to be free of that proportion of maintenance and levies of the aforesaid lands in all time coming. Likewise, in respect the supplicant's lands above-written bear a far greater proportion of maintenance and public dues than the rest of the lands within the said parishes, disproportionate to his valuation with his neighbours lying adjacent to him, therefore the said estates grant commission to George Lockhart of Tarbrax, commissary of Glasgow, George Porterfield, provost of Glasgow, James Stewart, tutor of Castlemilk, Mr John Spreull, town clerk of Glasgow, or any three of them, to revalue the lands lying within the parishes of the barony of Glasgow and Govan, and to that effect to appoint members of court, diets of meeting, call parties before them and use all manner of trial and probation, being oath and witnesses, as they shall find requisite, and do everything necessary for performance of the said commission; and ordain the valuation of the said lands of Haggs, Shields and Titwood belonging to the said Sir George to be given up under the hands of the said commissioners to the committee of war and collectors of the sheriffdom of Lanark, that the proportion due to the said lands of bearing public dues and levies, according to the said valuation, may be deducted from the total sum of the maintenance or other public burdens and levies within the said sheriffdom of Lanark and parishes of Govan and barony of Glasgow, providing always that the total sum of the said two parishes of Govan and barony of Glasgow as they stand presently valued in consequence be not diminished hereby and that the same be without prejudice of the revaluing of the said two parishes by the commissioners appointed for revaluing the whole shire of Lanark as they shall think fit.
[1649/5/203]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their serious consideration the manifold grievances and complaints within the kingdom against masters for oppressing their tenants in levies of horse and foot, payment of the monthly maintenance and in quarterings, as also against officers and soldiers and collectors of monies for their disorderly carriage and unjust dealing, for remedy and redress herein, they do statute and ordain:
1. That the several presbyteries send in to the committee of estates a list of 9 or 10 understanding and conscientious men, that, upon consideration thereof and such other information as shall be given to the committee of estates concerning these or any other persons, they may make choice of 5 or 6 to employ in that trust; and any 3 of them to have power to do and put in execution all things within the bounds of each presbytery which are referred to them by this parliament; and that all grievances and complaints for wrongs done since 1 October last or which shall be committed in time coming, being such as are by this act referred to them by the parliament, shall be presented to the said persons so nominated and chosen; and that the person first nominated in the commission shall convene the rest at their first meeting and take their oaths for the faithful discharge of their duty, and then the next in commission shall take his oath, and that thereafter they meet at such times and places as they shall think fit; that they shall have power to convene all persons interested within the bounds of the presbytery before them, to take the oaths of parties, and to examine witnesses upon oath, when they shall see it needful; and that all officers and soldiers shall assist them upon their direction for executing the power committed to them.
2. That in all levies of horse the tenant shall only furnish a sufficient man and shall be free of all charge and expense whatsoever, unless they be rentalers or others who have lands set to them under the known worth and value; in which case the commissioners of each presbytery to be chosen as aforesaid shall have power to determine what shall be the proportion of the rentaler or others aforesaid, according to the ease they have of the land under the known value, consideration being had what the tenant gave to the master at his entry to the lands, together with the yearly duty and service; and that no rentaler nor other aforesaid shall be liable to the payment of any part of the said levy, but upon decreet of the commissioners aforesaid, and that the heritors in the interim put out the levy; it being always understood that where rentalers are already valued, distinct from the heritors by the commissioners appointed for the valuation of the shire, that they shall pay according to their valuation.
3. That in the levies of foot the master shall find arms and pay the advance or loan money, and that the tenant shall only find a sufficient man and shall give to him that shall go forth the sum appointed by act of parliament to be given by tenants, unless they be rentalers or others before mentioned; in which case, the said commissioners shall determine as aforesaid what shall be their proportion.
4. That no master shall for benefit, spleen or private revenge put out any tenant or servant in levies; but that where there is any such complaint, the commissioners aforesaid shall judge of the fitness of the person.
5. That the monthly maintenance shall only be paid by the master and the tenant to be free, unless they be rentalers or others as aforesaid; in which case, the commissioners are to determine their proportions as is before expressed.
6. That all quarterings, whether local or transient, shall be allowed in payment of the monthly maintenance in manner following, namely: that the master, or such as has power from the master to do his affairs, shall deliver to the collector a certificate, subscribed by two of the commissioners aforesaid, that he has allowed to his tenants the said quarterings (which are also to be instructed according to the act of parliament) in their mail or yearly rent and duty, and given them discharge for the same before he gets allowance of the quarterings in payment of the monthly maintenance; and that the collector deliver in the said certificate to the commissary-general. Or in case the master refuses to give the said certificate to the collector, that then the collector bring two of the commissioners a certificate of the master's refusal. And if the collector shall fail herein, that then he make account to the commissary-general for the whole monthly maintenance without any deduction for quarterings; and that the commissioners take care that the masters so refusing do allow the said quarterings to the tenant in their mail and duties.
7. And because quarterings upon particular persons may exceed their proportion of the monthly maintenance, it is therefore statute and ordained that the collector of every shire shall make payment to all such persons as shall be so overburdened with quarterings out of the monthly maintenance of the shire, at the direction of the committee of war; and if the whole monthly maintenance of any shire shall be exhausted, that then the commissary-general shall make payment to them for the said quarterings out of the monthly maintenance of other shires whose maintenance is not exhausted by quarterings. And in case any master shall oppress his tenants and force them to lay out any monies in levies other than according to the directions of the parliament, or, being desired, shall not allow them the maintenance when they have been necessitated to pay the same for their masters or quarterings not exceeding the maintenance, the estates of parliament do declare that, upon probation thereof before the said commissioners, the master for so doing shall (besides restitution to the tenant) pay as much to the commissioners for the use of the public.
8. That where tenants have not concurred in James Graham, [earl of Montrose's] rebellion or been accessory to the late unlawful Engagement against England or the late rebellion in the north but have suffered therein, effectual course be taken for their ease and relief, that it be not in their master's power to oppress and destroy them; and that the losses of all such tenants as have suffered for their affection (their masters being guilty of any of the crimes aforesaid) be investigated and tried before the said commissioners, and what allowance and deduction shall be determined by them to be retained from their aforesaid masters (guilty as said is) shall be a sufficient exoneration and discharge to them of the mails and duties for as much, and is to be so allowed by all and whatsoever judges before whom the said duties are to be pursued; and that the master be not permitted to pursue them for these duties before their own courts; and if the master shall do otherwise, the tenant to have restitution for as much, provided that nothing herein contained shall extend to infringe any capitulation approved by parliament.
9. That all collectors of monies within shires have testificates of their honesty and fidelity from the presbytery and subcollectors from the sessions where they live.
10. That no collectors shall quarter soldiers upon any for deficiency in payment of public dues unless there be intimation given six days before to the president, or, in his absence, to any two of the committee of war of the shire and to the party deficient; and that no officer shall quarter soldiers upon any for their deficiency in payment of public dues unless they have a warrant for the same under the collector's hand or have order from the committee of estates or commissary-general; and if any collector or officer do otherwise, that he shall be discharged and removed.
11. That if any collector shall exact more from any master or tenant than the just proportion or shall cause them make payment twice of the same sum, that he shall pay the double thereof to the persons whom he has so wronged, and not only be removed from his office, but shall be declared incapable of any trust hereafter. Likewise if any collector shall refuse to allow quarterings from the first of this month, being rightly instructed and within the monthly maintenance, he shall be punished in the same manner; and this is without prejudice of the act of parliament for relief of preceding quarterings.
12. That if any officer or soldier shall exact money by agreement or other ways from any master or tenant to burgh or land besides their pay, namely: in time coming 12d for the trooper and 6d for the foot soldier, or shall plunder any goods, that he shall repay the double to them, forfeit all his arrears to the public, be discharged with disgrace and declared incapable of any trust hereafter, and shall be further punished according to the articles of war.
13. That in case any officer or soldier shall force master or tenant to burgh or land to give him a discharge when he has paid no money or less than his quarterings extend to, or shall offer any violence against master or tenant by beating them or otherwise, the same punishment shall be inflicted on him.
14. That if any officer or soldier shall in the place of the country where they quarter wilfully thrust his horse into corns or meadows which are in use to be mown yearly or where there is young planting, that they shall forfeit a month's means; and if any officer or soldier shall at his own hand presume to take any man's horse for riding or any other use, the officer or soldier so doing shall pay the price of the horse to the owner, and also forfeit a month's means.
15. That if any troop or company or part thereof shall quarter in any place and at their removal shall neither pay completely for their quarters nor leave a ticket (which they are to do without demanding any money for the same), or shall leave a ticket for a shorter time than they did quarter, that there shall be detained of the officer's pay who had the charge of that troop or company upon the place the double of what shall be found due for the quarter; and in case the officer's pay be not sufficient to defray what shall be so resting, that the remainder thereof shall be deducted out of the soldiers' pay and given to the party on whom they did quarter.
16. That no troop nor company shall in their transient quarters stay above one night in a place; and that the horse shall march at least 15 miles and the foot 10 miles, except upon the Lord's day or otherwise; that the double of every night's quarter shall be allowed out of their pay to those upon whom they quarter, unless there shall be an evident necessity or order from a general officer.
17. That to prevent the abuse of officers and soldiers in demanding extraordinary fare, their pay be delivered to them at the end of every 14 days (or sooner if they remove) by the shire or collector of the shire where they are quartered; and that they shall pay ready money for whatsoever they take for themselves, their horse and the servants of commanders at the ordinary rates of these places where they are quartered, without extortion; and if any officer or soldier receiving their pay as aforesaid shall do otherwise, that they shall forfeit a month's means for the first fault, and if after complaint made they shall continue so to do, that they shall be discharged.
18. That all persons who have furnished quarter to any troop or company or part thereof, without payment either upon or without billet, that they instruct the same before the committees of the respective shires where they dwell by the said billets; and where the soldier has not left billets, to instruct the same according to the acts of parliament for allowing of quarters by two of the committee of war, each month's quartering before the 10th of the subsequent month, to the end that each company, troop or regiment may be truly charged with what they have received and so much of their pay discounted to them and accordingly allowed in the monthly maintenance.
19. That no quarter be allowed to women or footmen attending upon troops or companies, and that all officers be careful to see this duly observed; and in case they shall fail herein, that they shall forfeit a month's means.
20. That the commissioners aforesaid have power to hear and determine all questions and differences that have arisen between masters and tenants since 1 October or shall arise in time coming concerning the levies of horse and foot, the payment of the maintenance and touching quarterings according to the directions of the parliament before expressed.
21. That the said commissioners do likewise certify to the committee of estates the names of all such masters as have oppressed their tenants in any time past in the levies of horse and foot, payment of the maintenance or in quarterings, or have in any way made benefit to themselves therein contrary to former acts of parliament, or who shall hereafter wrong their tenants contrary to the present directions of parliament; and shall send therewith the proofs of the said wrongs so committed, to the end the said persons may be fined and censured as the committee of estates shall find their faults to deserve.
22. That when any complaint shall be made to the commissioners aforesaid against collectors for transgressing the orders and directions of the parliament, that the commissioners shall call the parties before them, and, after exact trial, represent the whole matter to the committee of estates and send the depositions and proof therewith, that the committee may take speedy course for redress of all just grievances.
23. That when any complaint shall be made to them against any officer or soldier for transgressing the orders and directions of the parliament, if, after trial of the matter, it shall appear to them to be a just grievance, that then they represent the same to the chief officer that is upon the place and desire reparation; and if there be no officer on the place above him against whom the complaint is made, that then they desire himself to make reparation; and if in any of the cases aforesaid reparation and satisfaction shall not be speedily given, that then the commissioners certify the whole matter to the committee of estates and send the depositions and proof of the particular crimes and faults, that the parties wronged may be repaired and the parties offending may receive appropriate punishment; and that the officer denying or delaying to repair the wrong shall for the first fault forfeit a month's means, and shall be discharged for the second.
24. That this act be printed and sent to the respective presbyteries within the kingdom speedily, that they may send in a list of persons to the committee of estates as is before expressed, and that this act be likewise read in all parish churches.