[1649/5/212]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
The estates of parliament, taking into their consideration the supplication given in to them by John Ogilvie of Balfour, in name of James, lord Ogilvy etc. and as having commission from him to the effect after-specified, showing that where the said James, lord Ogilvy is lately cited by virtue of a warrant directed out against him from the general assembly presently convened at Edinburgh to appear personally before them for giving obedience and satisfaction to such propositions and injunctions as shall be laid to his charge by the brethren and members of the said assembly, and in respect of various and sundry civil business and particular actions wherein the said James, lord Ogilvy is concerned and he cannot without hazard of imprisonment of his person proceed to Edinburgh for giving such obedience and satisfaction to the said reverend assembly as he most willingly would, he has given to him a particular commission to supplicate the said estates of parliament in manner and to the effect after-specified, as the said commission produced with the said supplication bears. Therefore humbly supplicating the said estates of parliament, in name and on behalf of the said James, lord Ogilvy, to grant a particular warrant to him to pass and return to and from the said town of Edinburgh without troubling, apprehending, incarcerating or imprisoning of his person for whatsoever cause or debt, to the effect the said James, lord Ogilvy may appear before the brethren and members of the said reverend assembly and give obedience and satisfaction in manner aforesaid, and thereafter return home without trouble or impediment of his person as said is, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they have given and granted full power and warrant to the said James, lord Ogilvy to pass and return to and from the town of Edinburgh without troubling or apprehending, incarcerating or imprisoning of his person for whatsoever cause or debt and that until he has perfected his business with the general assembly and be dismissed by them and further during the space of a full eight days complete, to the effect the said James, lord Ogilvy may appear before the brethren and members of the general assembly and give obedience and satisfaction in manner aforesaid and thereafter return home without trouble or apprehending of his person.
[1649/5/213]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication given in to them by Captain Robert Hall, skipper in Leith, showing that where he having purchased a warrant from the said estates of parliament to Sir James Stewart [of Kirkfield and Coltness], provost of Edinburgh and commissary-general, for payment to him of £2,000 as a part of the sum of £6,000 Scots found due by the said estates to him for his service in the public, which warrant he having presented to the said Sir James Stewart, he declared he was willing to have given him satisfaction providing that the first £2,000 that came in of lent money might be ordained to be delivered to him towards the payment of the said sum. Therefore humbly supplicating that the said estates of parliament would be pleased to consider how long he has attended and has been postponed in this business, and that the said estates would be pleased to grant the aforesaid warrant that of the first lent monies that belongs to the public, the said sum of £2,000 thereof may be assigned to the said Sir James, he giving him present satisfaction for the sum for supplying his present urgent necessities, as the said supplication bears. Which being taken into consideration by the said estates of parliament, they have given and granted and give and grant warrant and command to the committee of monies to appoint and assign to the said Sir James Stewart, commissary-general, the sum of £2,000 Scots out of the first and readiest of any borrowed monies belonging to the public, and the said Sir James giving present satisfaction for the same sum to Captain Robert Hall.
[1649/5/214]*[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 Sir John Smith of Grotehill, knight, making mention that whereas the said Sir John Smith has advanced and paid out of his own proper means in 1641 and 1642 by public orders and warrants for public use in London and here in this country for the Irish expedition and otherwise, which extends in all at Whitsunday [13 May] last to the sum of £46,833 8s 4d Scots money, for payment whereof the said supplicant got commission to receive so much of the brotherly assistance payable at Lammas [1 August] 1642 as would have completely satisfied him of his said debts, and after that, by great pains and expenses and long attendance by him at London, he had with great difficulty purchased payment of so much of the brotherly assistance as would have satisfied him of his said whole sums. And having borne the sea hazard of the said monies after he had brought them to Leith, it pleased the commissioners of the common burdens to cause apply the same towards the relief of those who had lent money when our army was at a stand at Hirsel Law and for supply of Sir William Dick [of Braid] and towards the payment of necessary annualrents of the kingdom. Likewise during our armies being at and near Newcastle in 1640 and 1641 the said supplicant did cause receive and hold account, remit and send in bills of exchange and in specie above £400,000 sterling, for which he never received any thing, the allowance whereof as has been paid in things of this nature would have extended to above £6,000 sterling. And albeit the lying out of the aforesaid great sums for so many years bygone has been to the said supplicant grievous and hurtful and has much weakened his estate, yet out of his affection to the public and finding the difficulty thereof to increase, he has been silent with great patience all these years bygone until now he is forced, for preventing greater inconvenience upon his private fortune, to lay open and represent to the said estates of parliament his hard condition and great sufferings aforesaid, being confident they will regard and redress the same, and so much the rather because of his long patience under so great a burden. Therefore craving humbly that the said estates of parliament would be pleased seriously to take the premises to heart and to take some present and speedy course for satisfying his great and just debts least his affection and real advancements to the public be a means to ruin and hurt his fortune and estate, and as concerning the aforesaid sum of £6,000 sterling due to him for receiving and delivering the said £400,000 sterling, and for his great toil and trouble therein, for which he received no satisfaction, and do humbly remit the consideration thereof to the honour and justice of the said estates of parliament, as at more length is contained in the said supplication. Which being read in presence of the said estates of parliament and thereafter remitted by them to a select committee of parliament, to hear and see the particulars contained in the said supplication and other sums given out by public orders instructed before them, and to report their opinion relating thereto and how some effectual course might be taken for satisfying the same, likewise the aforesaid select committee, having, according to the order of parliament, met and thereafter given in their report to the said estates of parliament, wherein they, after examination and consideration of the said account given in by the said Sir John Smith of the money owing to him by the estates of this kingdom and after exact trial thereof, found that there is due to the said Sir John at the term of Whitsunday 1649 the sum of £46,833 8s 4d, according to the particular account thereof given in and clearly instructed, which sum of £46,833 8s 4d in their opinion ought to be declared a public debt and that annualrent ought to be due for that from Whitsunday 1649 until the same be paid; and this over and above any sums which are to be allowed to him for his receiving and remitting from London to Newcastle of the said £400,000 sterling in 1640 and 1641 as was done to others in the same employment. And likewise the said select committee having given in their opinion anent the way of payment of the said sums, bearing that by an act of parliament of 7 March last that it is ordained that there be an additional excise put upon wine, namely: 8d upon every pint of French wine, 16d upon each pint of sack, Rhenish wine and other wine of that nature and strong waters imported, and since the said additional excise is not yet disposed of for the two years following, namely: from 1 November 1649 to 1 November 1651, that therefore the said estates of parliament would ordain the said additional excise for these two years to be applied for payment of the aforesaid sums of money resting by the public to the said Sir John Smith as said is, extending to £46,833 8s 4d money aforesaid. With which supplication and report the said estates of parliament being well and ripely advised, they have ordained and ordain the said additional excise for these two years (being rouped in October next) to be applied for payment of such sums of money as are resting by the public to Sir James Stewart of Kirkfield [and Coltness], knight, provost of Edinburgh, and for payment to the said Sir John Smith of the aforesaid sum of £46,833 8s 4d owing to him in manner aforesaid and sufficiently instructed by him in manner above-written equally between them in so far as the same will extend to. And if either of them shall offer the most for the said additional excise and get tacks thereof, ordain the tacksmen to give sufficient surety to the other for payment of the just equal half of the tack duty, and to retain the other half to himself. And if any other shall happen to take the same by offering more for that than they or any of them, ordain the surety for the tack duty to be taken in their names, they or either of them granting discharges to the public for so much of the sums due to them as their part of the said tack duty shall extend to. And statute and ordain the said tack duty and benefit of the said excise for these two years to be applied to no other use in regard of the great sums of money already owing to them and that they have advanced presently considerable sums for the use of the public, which the said estates ordain to be allowed in the first end of the said tack duty, with the annualrent thereof until the payment of the same. And in case it shall happen that the seas grow foul by pirates and enemies, whereby commerce be stopped and ships may not go abroad to bring home wine and the said excise be not farmed, whereby the said Sir James and Sir John may not only be frustrated in payment of the great sums of money already due to them but also lie out of these sums of money which, by command of the parliament, so seasonably they have presently paid out for the price of certain meal accordingly as they shall instruct, it is therefore ordained for remedy thereof that they may have as much paid to them as they gave out now presently with the annualrent thereof, and that from the tacksmen and collectors of the petty excise of the burgh of Edinburgh and privileges thereof (not already conveyed for the works of Leith) and out of the excise of Mid Lothian and East Lothian.
[1649/5/215]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of the committee of dispatches in performance of the order of parliament, authorising them to take trial of the behaviour and carriage of Sir Alexander Hamilton, general of artillery, in reference to the late unlawful Engagement according to the precept issued forth against him and charge given thereupon, do find after perusal of the register of the committee of estates that upon 12, 13, 15, 19, 26 and 28 June, 29 July, 3 and 7 August 1648 respectively the said Sir Alexander sat in the committee of estates as a member thereof and concurred in giving order for prosecuting the said Engagement; that upon 12 June aforesaid the said Sir Alexander did take the oath of the committee of estates for a faithful discharge of the commission to them in pursuance of the said Engagement; that upon the said 12 June he concurred in the act of the committee enjoining the subscribing of the bond and that he subscribed the said bond himself; and that upon 28 June aforesaid he concurred in the act for the army under [James Hamilton], earl of Hamilton, their invading of England and taking of Carlisle and in the declaration of the committee of estates to the parliament of England concerning the necessity, grounds and ends of the Engagement; and that upon 7 August aforesaid he gave into the committee of estates an establishment for the train of artillery. By all which (over and above his known affection and action to and for the Engagement and of the notoriety of the carrying on of the general officers who led and accompanied the army into England) it does evidently appear that he has committed such transgressions as makes him fall within the second class mentioned in the act of parliament of 23 January last for purging places of public trust, and therefore the said estates of parliament have deposed and do depose the said Sir Alexander Hamilton from his charge as general of artillery of this kingdom and declare him incapable of any public trust within this kingdom according to the tenor of the said act of classes.
[1649/5/216]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in to them by John Boyle of Kelburn, showing that where his whole lands within the parish of Largs are altogether now lying wasted and no part thereof laboured this year nor any tenant nor possessor dwelling thereupon, except only a smith and an old wife who only possess so much as pays 40 merks of yearly rent, as is testified by the committee of war of the sheriffdom of Ayr within which the said lands lie in a letter written by them to the lairds [Sir William Cunningham of] Cunninghamhead and [Sir Hugh Campbell of] Cessnock, their commissioners now present in parliament, which casting waste of the said lands is over and above the great losses sustained by the inhabitants and possessors thereof at sea, all of them being seafaring men, and by the great plundering and oppression of the last summer under the command of [James Livingstone], earl of Callander and [General Major John] Middleton; and he being infirm of body, in no way able for the present to use any industry himself or to take any present course for replenishing the said lands with goods and tenants, therefore humbly craving the said estates of parliament that they would be pleased to free and liberate him and his lands within the said parish of Largs of all payment of any maintenance or putting out of any horse or foot until the same be replenished and possessed by tenants, for it cannot agree with equity and reason that he should pay public dues for the lands from which he can get nothing himself, 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 find that the said lands pertaining to John Boyle of Kelburn within the parish of Largs are lying waste and no part thereof laboured this year through the plundering and oppression of the last summer by the forces under the command of the earl of Callander and Middleton, they have ordained and ordain that the said lands belonging to the said supplicant be liberated from payment of any maintenance or public dues and levies of horse and foot since Martinmas [11 November] last until the same be replenished and laboured again, and ordain and declare this act to be a sufficient discharge to the sheriffdom of Ayr at the hands of [Sir James Stewart of Kirkfield and Coltness], commissary-general, and his deputes, collectors of the maintenance and all other persons for the proportional part of maintenance and other public dues payable by the said supplicant out of his said lands.
[1649/5/217]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a report of the committee of dispatches for providing the garrisons of this kingdom, do approve the same as it is set down in the articles following, namely: they have ordained and do ordain, first, the five battery pieces of cannon which are in Strathbogie be presently removed to the Bog of Gight, and that the country obey such orders as they shall receive from the general officers for transporting them. Secondly, that 100 bolls of meal of the 500 designed for Carrickfergus be laid in the castle of Dumbarton. Thirdly, that the other 400 bolls of meal designed for Carrickfergus be laid in the castle of Stirling, as likewise the coal formerly appointed for the garrison of Stirling and a load of 500 more be provided and laid in the castle of Stirling. Fourthly, that the said 500 bolls which Sir James Stewart [of Kirkfield and Coltness] and Sir John Smith [of Grotehill] have undertaken be provided and laid in the castle of Edinburgh, as likewise 1,000 loads of coal be provided and laid in the said castle. Fifthly, that 1,000 bolls of meal undertaken by Sir William Dick [of Braid] be provided by him and laid in the burgh of Perth for the use of the garrison there upon the said Sir William's own charges, as likewise 100 chalders of coal (there being 32 loads in every chalder) be provided out of [John Sinclair], lord Sinclair's coalworks and barks appointed to transport them and laid into Perth.
[1649/5/218]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in to them by the bailies and council of the burgh of Anstruther, for themselves and in name and on behalf of the community thereof, showing that besides all their former losses which are exceedingly great, there is presently taken from them by a pirate near the island of May a ship pertaining to them laden with corn, coming to them from the east country, and another vessel coming from Norway; likewise the same pirate has also taken two fishing boats and forced another two to run aground, whereby they are lost, and they brought to that condition by pirates who always lie upon the coast, that they dare not go out to take any fish for their maintenance, though the most part of them have not a bite of meat to put in their mouths until first it be received out of the sea; all which seconded by the continual quarterings upon them, occasioning their neighbours daily to desert the town, necessitates them either to starve or make their address to the said estates of parliament for remedy, without which they will not be able to subsist any longer or yet to continue as a corporation, much less to discharge public duties, so low and deplorable is their present condition. Therefore humbly supplicating the said estates of parliament that they would be pleased to take the premises into consideration and witness the same by granting them exemption from quarterings for the space of 18 months, as well as they have been pleased to grant them exemption of the maintenance for that space, whereby in some measure they may be revived and the state not altogether deprived of a serviceable member, 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 that the said burgh of Anstruther and the inhabitants thereof shall be freed and liberated from all quarterings of horse and foot during the same space of 18 months they are liberated from payment of their maintenance by a former act of the date the [...] day of June last.
[1649/5/219]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering that it is already ordained by the 14th act of the first parliament of King James VI that whatsoever person or persons who are guilty of the abominable and vile crime of incest in any of these degrees which God's word has expressly forbidden in the 18th chapter of Leviticus shall be punished to the death, and considering also that there be many other degrees of incest, both in affinity and consanguinity, no less heinous and punishable than those expressed in the letter of that text because they be either nearer or fully as near, therefore the estates of parliament, being desirous to provide a sufficient remedy against all these evils and that the wrath of God (which could not but lie heavy upon the land by impunity of such abominable crimes) may be averted, do ratify and approve the said act, and further declare and ordain that not only those persons who are guilty of any degree of incest expressed in the aforesaid text, but also that whatsoever person or persons shall hereafter be found guilty of any other degree of incest, either nearer or fully as near in affinity or consanguinity, as those that are expressed in the letter of the aforesaid text, shall be punished to the death. And that such persons may be the better known, the said estates find and declare all these degrees mentioned and set down in the following table to be incest and punishable by death.
Follows the table: Please see this separate page for the table.
No person may marry or lie with those that are in the direct line ascending or descending; or with a brother or sister of one in the direct line; or with the relatives of those in the direct line; or with the relative of a brother or sister of those in the direct line, though never so far asunder in degree, because all these are parents and children, or in the place of parents and children, one to another, consanguinity and affinity impeding matrimony is contracted by them that are of kindred on the one side, as well as by them that are of kindred by both sides, and by unlawful company of man and woman, as well as by marriage.