[1649/5/223]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
The estates of parliament, having heard and considered the supplication given in to them by William Gavie, skipper in Dysart, showing that in the month of April 1645 Sir James Stewart [of Kirkfield and Coltness], provost of Edinburgh, did hire a ship belonging to the supplicant to carry victual to Ireland for the public use, and conditioned with him for a certain sum of money which was done by the said Sir James to the use and for the benefit of James Hamilton of Bogs; and that the supplicant, having according to agreement taken in his ship's load of meal, extending to 2,000 bolls of meal, and being willing to have gone to his voyage, did address himself to the said James Hamilton to have received his dispatch, who did delay him three months and caused him keep 10 sailors idle, which, with the loss of his trade, was to his great prejudice and did stand him above the sum of £600. And that thereafter the said James Hamilton by his missive letter did give the supplicant order to give the said 2,000 bolls to Archibald Sydserf or James Liddell, which the supplicant did obey upon assurance from the said James Hamilton that he should have payment and satisfaction of any charges and disbursements that he should be at, which the said James Hamilton did assure him of by his missive letter, 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, they find by the said report that the said James Hamilton was lawfully warned to have compeared before them; and he not compearing, after the consideration of the missive letter of the tenor above-written, together with the said Archibald Sydserf and James Liddell's declarations testifying the said victual to be embarked in the said supplicant's ship and thereafter given out again to the said James Liddell for the use of the public, according to the said missive letter of James Hamilton of Bogs and order aforesaid, together also with the account of what charges and expenses the said supplicant was at between the time of the hiring of his ship and embarking of the meal and delivery thereof out of his ship and maintenance of the sailors himself for the said space, which account was subscribed by the supplicant's own hand and will extend to the sum of £566; therefore the said estates of parliament have ordained and ordain the said James Hamilton to pay to the supplicant the sum of £566 so disbursed out by him for the charges and expenses aforesaid, and ordain letters of horning and others needful to be directed upon six days and to cause charge the said James Hamilton to cause pay the aforesaid sum to the said supplicant.
[1649/5/224]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament prorogate the diets between the laird of Craigie and his son before the justice until the morning eight days to come, and ordain the precognition to go on before the parliament in such particulars as are referred to them.
The which day the laird of Smeaton, being present, accepted the charge of convener of the committee appointed for purging the army within the shire of East Lothian, whereupon Robert Hepburn of Keith asked instruments.
The which day commission was granted by the parliament for trying and putting to execution certain persons guilty of the crime of witchcraft within the parishes of Burntisland, Dalgety and Coldingham.
[1649/5/225]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication given in to them by Margaret Williamson, spouse to James Wemyss, and recommended by the commissioners of the general assembly to the said estates of parliament, showing that where James Wemyss, her husband, having received with her as heritor a tenement of houses in the town of Cupar, with four acres of land lying beside the said town, yet notwithstanding the said James Wemyss, without any cause or wrong done by her to him, has most unnaturally and unjustly ejected her out of her said house, as a testification from the kirk session of Cupar does testify; and albeit she has often times most humbly required him to suffer her to live peaceably at home with him, he does not only refuse to do the same but on the contrary threatens to kill her if ever she come in his sight, whereby she is brought to a very deplorable and destitute estate and condition, having the burden of three poor children procreated between her and him. By reason whereof, having procured a warrant from the committee of estates for citing him to compear before them, yet he obstinately disobeyed the said citation until at length she was forced to submit herself to the commissioners of the general assembly, who, taking her sad condition to heart, did recommend her to the said estates of parliament, likewise they by their act of 7 June did ordain her to have the duty of an acre of land and a house to which she is infeft in conjunct fee with her husband to be intromitted with by her at this last term of Whitsunday [13 May]. And because it is necessary that her said husband be cited whereby the same may be effectual to her, therefore humbly supplicating the said estates of parliament that she may have a warrant to cite the said James Wemyss, her husband, personally or at his dwelling house, to compear before the said estates of parliament (or the committee of estates if the parliament be up), to hear and see the duty of the said acre of land and house be ordained and determined to appertain to her and to be intromitted with for her own proper use, according to her liferent right of the same, and a warrant directed to the provost and bailies of Cupar to put and keep her in possession of the same, and to answer further in the said matter as shall be needful, as at more length is contained in the said supplication. Which, with the report of the committee of bills relating thereto, being taken into consideration by the said estates of parliament, they find that the said James Wemyss has been cited before the committee and did not compear; as likewise by the testificate from the kirk session of Cupar the said supplicant is most wrongfully without any just cause put away from her husband. Therefore they have ordained and ordain the magistrates of Cupar to possess the said supplicant in the acre of land lying near Cupar wherein she is infeft in conjunct fee, with power to her to intromit with the profit thereof since the term of Whitsunday last and in time coming during the non-cohabitation of the said James with her, and ordain letters to be directed in common form for charging the said magistrates of Cupar for possessing her as said is, she always bringing up and supporting the youngest child procreated between them.
[1649/5/226]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament do appoint two ships to be equipped for a convoy to the merchant ships, one for the east coast and the other for the west coast, and appoint [Sir James Stewart of Kirkfield and Coltness], provost of Edinburgh, to settle with the masters of them at the rate as they went out last; and ordain one of them to be paid out of the excise and the other out of the customs, and they to be preferred in the pay to all others.
[1649/5/227]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in by John Ingram, showing that he has been detained in the tolbooth of Edinburgh these 45 weeks past at the instance of William Aitken in Kirkcaldy for an alleged purse found by him, for which the said William did never pursue the supplicant nor will not, but holds him in of purpose that he may starve, he having nothing to live upon, as at more length is contained in the said supplication. Which, with the report of the committee of bills relating thereto, being taken into consideration by the said estates of parliament, they find by the said report that the said William Aitken and Mr Alexander Burnett, his procurator, was warned to compear before the said committee and did not compear. Therefore they have given and granted and give and grant warrant and command to the magistrates of Edinburgh to set the supplicant at liberty in so far as he is put in by the said William Aitken and no further, the said John Ingram enacting himself in the town books of Edinburgh that he shall answer to the said William Aitken for the said purse allegedly found and taken by him as law will.
[1649/5/228]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in to them by Lieutenant Colonel John Erskine, showing, as it is well-known to [Archibald Campbell], lord marquis of Argyll and several others then upon the committee of estates, that the supplicant came from Durham here and did give intelligence to the committee of estates that James Graham, then called the earl of Montrose, was upon his march coming to this kingdom with an army, as he came very shortly thereafter to the town of Dumfries, and upon the said supplicant's coming to this kingdom, it pleased the committee of estates to support him in their service and did command him to go to the north under my lord marquis of Argyll and was at the taking of [Sir John Gordon], laird of Haddo and several others in the north. After and upon the incoming of Alexander MacDonald with the Irish to this kingdom, the said supplicant was commanded by the parliament then sitting to go to the isles and there to receive my lord marquis of Argyll's order, where it pleased my lord marquis to give him the command of his own regiment of Lorne and was with his lord until his coming to Perth with his army, when it pleased the committee of estates, with his lord's advice, to command the said supplicant to stay in the town of Perth, where he had the command of the garrison for a time, and was still in the public service until that unhappy conflict at Kilsyth, where he was and has still until this time attended the said estates' service, and as yet he has received very little satisfaction for all his said services and attendance, by means whereof he is reduced to a very necessitous and sad condition; yet notwithstanding whereof and of many allurements to undertake in the late unlawful Engagement, he still refused all manner of compliance, which is well-known to several well-affected in this city. It pleased the committee of estates in October last to appoint the said supplicant a locality out of the shires of Forfar and Kincardine of 100 merks per month and ratified in parliament in February last, which is proven altogether ineffectual, by means whereof the said supplicant is driven to extreme necessity. The premises tenderly considered, his humble request is that the said estates of parliament would be pleased to take his miserable and sad condition into their serious consideration and give order that he may forthwith receive some satisfaction for his bygone service and attendance and be provided for in time to come as the said estates of parliament shall think fit, 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 the committees of war of the sheriffdoms of Forfar and Kincardine to cause pay the said Lieutenant Colonel Erskine the sum of 333 merks out of the free rent lying within the said shires due to the supplicant for 3 months and 10 days' pay according to a former act, and ordain the commanders of troops and companies lying in these bounds to be assisting to the said Lieutenant Colonel Erskine to quarter upon the said committees of war within 10 days after intimation of this act to them, they failing to cause pay the said sum to the said supplicant.
[1649/5/229]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in to them by the lairds of Glenorchy, showing that whereas it is constantly and well-known to the said estates of parliament and the whole country concerning the burning and devastation of their whole lands through the incursion of the enemy therein during the time of the late and present troubles, through which the same is lying waste, useless and unprofitable to them, they cannot have so much benefit thereof as to pay his majesty's feu duties contained in the reddendo of their infeftments of the same. In respect of which misery and calamity being so heavily lying upon them as said, they had recourse by supplication to the lords of exchequer, craving to cause make an act of remission in their favour liberating them from payment of the said feu duties contained in the reddendo of their said infeftments of all years and of terms bygone and to come during the devastation of the said lands; and in the same act to declare that the non-payment of the said feu duty shall in no way be objected against their infeftments nor they in any way quarrelled thereof. Which lords of exchequer, by their act of 22 May last, have remitted their supplication to the consideration of the parliament, and in the meantime have prohibited and discharged any charges to go out or any letters of horning executed against them for the feu duties above-mentioned, as the said supplication and reference of the same produced will testify. Therefore humbly supplicating the said estates of parliament to have consideration of their distressed and wrecked estates and to cause make an act of parliament for liberating them from payment of the said feu duties contained in their said reddendo of their said infeftments of all years bygone and to come during the devastation of the said lands, and in the same act to declare that the non-payment of the said feu duty shall in no way be objected against their said infeftments nor they in no way quarrelled thereof, 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 of parliament, they find that the lands belonging to the lairds of Glenorchy is made so useless and unprofitable that they cannot get so much of the rent as to pay the king's feu duty contained in their infeftments, therefore they have recommended and recommend seriously to the lords commissioners of the treasury and other lords of exchequer that they liberate the said lands of Glenorchy from payment of any feu duty to his majesty contained in his infeftments until the lands be able to pay the same.
[1649/5/230]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the desire of a supplication given in by Archibald, marquis of Argyll etc. and Sir William Dick of Braid, knight, to whom and their subtacksmen the excise principal and additional of the whole wine and strong waters to be imported or set in tack and assedation for the space of five years and five crops after 1 November 1651 and for a longer time during the non-payment of their public debts and annualrent rents thereof; in which tack it was then ordained by the said estates of parliament that the said excise principal and additional set to them should be yearly rouped. And in the same manner taking into their consideration a humble desire represented to the said estates of parliament by the said lord marquis of Argyll and Sir William Dick, showing that they humbly offer for the present service and maintenance of the garrison the furnishing of 1,000 bolls of meal between now and 31 August next to come, to be delivered by them at the ports of Leith, Bo'ness, Perth or Montrose to the commissary for the public and their deputes; and what cannot be delivered really in meal, they are content to furnish the same in sufficient wheat and white peas, reckoning six firlots of meal for each boll of wheat and white peas to be received from them, which offer made by them is offered for a grassum for the five year tack of the excise of wine set to them, to the effect that they may enter and possess the same for payment of the tack duty contained therein without rouping immediately after 1 November 1651 at the rate and terms of payment, and with such clauses and privileges for the better collecting of the said excise as was contained in the tack set by the estates of parliament to the said Sir William Dick upon 9 May 1648. Which supplication and offer aforesaid made by the said lord marquis and Sir William Dick being taken into consideration by the said estates of parliament, they have accepted and accept 1,000 bolls of meal by way of grassum for the said tack of excise principal and additional without conversion in other species, and ordain the same to be laid in at the burgh of Perth before 31 August next, and in respect thereof, discharging the rouping of the said excise of wine during the five years contained in their said tack; and discharge [Sir Archibald Johnston of Wariston], clerk register, and his deputes to insert the clause anent the rouping of the wine during the years contained in the said tack, notwithstanding the same be expressly contained in the minute which is the ground of the said act and tack of excise granted to the said lord marquis and Sir William Dick by the said estates of parliament upon 16 March last, but ordain the said tack to be registered without the said clause.
[1649/5/231]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering how just and necessary it is for the good of the kingdom that all the levies and equipping of horse be proportioned upon the heritors and others liable for the said levies in an equal way in all time coming, therefore the said estates have ordained and ordain that the levies and equipping of horse in the several shires within this kingdom of Scotland shall be proportioned in all time coming upon the shires and upon the heritors and others liable in the said levies and for equipping horse within the said shires respectively in an equal way according to the maintenance payable by the said shires, heritors and others as said is.