Procedure

Prayers said, rolls called.

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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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Procedure: commission for the trial of some witches
[Commission granted for the trial of certain witches]

The which day the estates of parliament grant commission for trial and putting to execution certain persons guilty of the crime of witchcraft according to their depositions subscribed by the ministers and elders within the parish of Dalgety.

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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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Legislation
Act and ratification of the locality of the minister at the kirk of Kirkpatrick

The estates of parliament, taking into their consideration the desire and supplication of James [Hamilton], earl of Abercorn, titular of the teinds of the parish of Kilpatrick, and Mr Harry Semple, Mr Alan Ferguson and Hugh Crawford of Cloberhill, commissioners of the presbytery of Dumbarton, within which presbytery the said parish does lie, and having warrant from Mr Matthew Ramsay, present minister of the said kirk, showing that whereas by decreet of the commissioners for plantation of kirks the said kirk is provided to six chalders of meal and two chalders of barley and £40 yearly for the communion elements, as the said decreet of the date the [...] day of [...] the year of God 16[...] years in itself at more length purports; and whereas yet there is not any locality given to the minister of the said stipend, which has bred several contests between the former ministers and the titular for payment of the said stipend, as there is presently between the presbytery and him for two years' bygone stipends of the said kirk, he offering to give valid heritors for payment thereof and they refusing to accept the same until it be legally and judicially given to them as a locality, and that the said supplicants, for taking away the present controversy and to prevent the same in time coming, are all unanimously willing, the one to give and the other to accept a locality, which cannot now be done in regard there is no commission for plantation of kirks now sitting. Therefore the said supplicants do humbly desire the said estates of parliament to interpose their authority for approving the locality herewith given in and subscribed by both the parties, that it may stand for a locality in all time hereafter according to the ordinance of the aforesaid decreet, which will be a ready means for the present payment of all arrears and security to the ministers in time hereafter, as at more length is contained in the said supplication. Therefore the said estates of parliament have ratified and approved and do hereby ratify and approve the locality of the minister's stipend of the kirk of Kilpatrick, whereof the tenor follows: In the first place, out of the laird of Luss's lands of the barony of Garscube, Colquhoun, Dunnerbock and Auchentorlie, with their pertinents: three chalders, six bolls, two firlots, one peck, three fifths of a peck of meal and one chalder, three bolls, a half peck, a third part of a peck and a fifth part of peck of barley. Item, out of Sir William Hamilton of Earlston's lands of Wester Kilpatrick: one chalder of meal and four bolls of barley. Item, out of John Colquhoun's half lands of Milton: three bolls of meal and two bolls of barley. Item, out of Walter Colquhoun's two thirds of the lands of Barnhill: two bolls of meal, one boll and firlot, one peck and a third peck of barley. Item, out of William Johnston's twenty-five shilling land of Auchinleck: three firlots of meal and two firlots of barley. Item, out of Patrick Bryson's twelve shilling, six penny land there: one firlot, two pecks of meal and one firlot of barley. Item, out of Walter Logan's lands of Spittell of Tambowie: one boll, two firlots, one peck and three fifths of a peck of meal. Item, out of John Stark of Killermont's lands of Killermont: three bolls of barley. Item, out of John Balloch's lands of Temple of Polieclayre: one boll, two firlots of meal, one firlot, two pecks of barley. Item, out of the laird of Lauchope's ten pound land of Craigton, Tambowie and Carriden: two bolls of meal and four bolls of barley. Item, out of [Robert Napier of] Kilmahew's lands of Laid Cameloche: two bolls of barley; and out of his lands of Mains and Little Bavie: 14 bolls of meal, one boll, two firlots, one peck, a half peck, a third of a peck, half a third of a peck and two fifths of a peck of barley; which extends in total to 5 chalders, 15 bolls, 3 firlots, 1 peck and one fifth of a peck of meal, and 2 chalders, 6 bolls, 2 pecks and four fifths of a peck of barley, the which 2 pecks and four fifths of a peck of barley is in place of so much of the shortfall of the meal. Which locality above-written, to which the minister's entry is to be and begin this instant year of God 1649, the said James, earl of Abercorn and the commissioners above-named, in testimony of their mutual agreement to give and accept the same respectively, they have subscribed the same with their hands, written by Mr John Algeo, writer in Edinburgh, at the Canongate on 23 July 1649, before these witnesses, namely: to the subscription of the said James, earl of Abercorn Sir Alexander Hamilton, his brother-german, Robert Fork, sheriff clerk of Renfrew, and the said Mr John Algeo; and to the commissioners' subscriptions, the said Robert Fork and Mr John Algeo. And the said estates of parliament ordain the aforesaid locality to stand for the crop and year of God 1649 and at all times hereafter and to be a rule for payment of arrears according to the aforesaid ordinance and decreet of the commissioners of plantation of kirks, and, if need be, ordain letters of horning and others needful to be directed against the aforesaid persons in the appropriate form.

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  2. Title not in manuscript. In APS only. Back
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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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Act in favour of the lairds [Sir Robert Campbell, elder, and John Campbell, younger, of] Glenorchy and [Sir Dougal Campbell of] Auchinbreck

The estates of parliament, having heard and considered the supplication given in to them by the lairds of Glenorchy, showing that where the said estates of parliament thought fit to pass an act in their favour and on behalf of the laird of Auchinbreck in the former session of parliament of the sum of £100,000 Scots, and that for the better preservation of their estates from present ruin, in which act there is a clause omitted, namely: that the said sum shall be advanced by the public to them and that proportionally according to the proportion of their losses and burdens lying on them and their estates, notwithstanding the minutes of parliament bear that the said sum shall be equally divided between the said laird of Auchinbreck and them, which is very disproportionated and unjust, the laird of Auchinbreck having offered already to accept the third thereof for his part of the whole aforesaid, there being so great inequality between their burdens and losses as said is. Therefore humbly supplicating the said estates of parliament to give order and command to amend the said minute and cause draw it so that they may receive their proportion thereof according to their burdens and losses as said is, according to the report of the committee appointed for that effect, whereof Sir Charles Erskine [of Alva, Bandeath and Cambuskenneth] and Patrick Ross were members, who can easily clear this point, 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 do ordain two thirds of £100,000 Scots appointed by a former act of parliament to be paid to the lairds of Glenorchy and Auchinbreck to belong to the lairds of Glenorchy and the other third part of the said sum to belong to the said laird of Auchinbreck, and that notwithstanding of the former act of parliament whereby the said sum is equally divided amongst them.

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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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Act and protection in favour of [Sir Robert Campbell, elder, and John Campbell, younger], lairds of Glenorchy

The estates of parliament, having heard and considered the supplication given in to them by the lairds of Glenorchy, showing that where, in respect of their insupportable distresses sustained in the public service, they are necessitated to supplicate the said estates of parliament and committees thereof to grant protection to them for liberty and security to their persons for proceeding to Edinburgh and other places necessary for transacting with their creditors and prosecuting their lawful affairs, which the said estates of parliament were pleased to give in the last session, which does expire upon Tuesday next, 31 July instant, but their pressing difficulties are so many and great that they could not in time settle their affairs; therefore they earnestly entreat the said estates of parliament to prorogate their said protection until 20 August next to the effect aforesaid, as the said supplication at more length purports. Which being taken into consideration by the said estates of parliament, they have prorogated the former protection to the lairds of Glenorchy, elder and younger, until 20 August next, giving and granting to them or either of them free licence, liberty and protection to proceed safely to this town of Edinburgh and other places in burgh and landward for doing their lawful affairs during the said space, discharging hereby all sheriffs, stewarts, lords, bailies of regalities and their deputes, magistrates of towns, justices of peace, messengers of arms and all other judges and persons whatsoever to trouble, to molest or apprehend or incarcerate and arrest the said persons by virtue of whatsoever letters of horning or caption raised or to be raised at the instance of the said creditors or any of them or any having right from them, and that notwithstanding thereof during the said space.

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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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Act in favour of the shire of Stirling

The estates of parliament, having heard and considered the supplication given in to them by the noblemen, gentlemen and heritors of the sheriffdom of Stirling, showing that whereas by act of parliament of the date the [...] day of the [...] year of God 164[...], the said estates of parliament were pleased to issue forth commissions through the whole kingdom for revaluation of the same and that in consideration of the great devastation thereof by burnt and wasted lands; and that notwithstanding thereof the said estates of parliament in 1647, taking into consideration the hard estate of that shire in regard of the daily wasting and destruction that the same is subject to by the incursion of broken men and the daily quarterings of transient regiments of horse and foot, whereby it is well-known they are totally ruined and that the most part of the shire in the west end since the late rebellion of James Graham, [earl of Montrose] has never been possessed, did therefore grant them suspension; neither yet have they had any reparation of their losses, which are known to have been very great, nor satisfaction for their transient quarterings, which ever since the beginning of these troubles would have exceeded the double of their maintenance; likewise they have had a levy consisting of 1,000 foot and 120 horse, more than any other part in the kingdom; notwithstanding of which sufferings they are so far from obtaining recompense that the transient quarterings of their shire are refused to be allowed to them, which has not been refused to any other shires in the kingdom; and now since the said estates of parliament are to adhere to the rents according to the valuations made in 1643, therefore humbly desiring the said estates of parliament that for the reasons above-specified they would declare the said maintenance of the said shire may be imposed as it is presently valued without any addition, and the former suspended maintenance may be continued as it was suspended; and that the said estates would ordain [Sir James Stewart of Kirkfield and Coltness], commissary-general, to retain their quarterings and allow the same in their maintenance for the month of July last, as the said supplication more fully purports. Which being taken into consideration by the said estates of parliament, they have ordained and ordain the commissary-general to receive the quarterings to be offered by the said shire and allow the same in the first end of their maintenance, and declare the said quarterings to be a public debt resting by the said shire towards the payment thereof. It is statute and ordained they shall have retention of any maintenance resting before June and not assigned.

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  2. Title not in manuscript. In APS only. Back
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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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[Act absolving the defenders in the criminal prosecution raised at the instance of Sir Hugh Wallace of Craigie]

The estates of parliament, having taken into their consideration the report of the depositions of all the witnesses already received by the committee appointed by the parliament and Mr Alexander Colville [of Blair], justice depute, in the criminal pursuit at the instance of Sir Hugh Wallace of Craigie against Dame Christine Pringle, Henry Wallace, bailie in Newton of Ayr, Janet Murdoch there and several other persons contained therein as principal factors and receivers of stolen goods, and having seen the report of the depositions and the same being read in plain parliament, therefore the said estates of parliament, after due consideration of the depositions of the report, find nothing proven against Henry Wallace, bailie in Newton of Ayr, Janet Murdoch there, Jean Wallace there, Richard Slose, merchant in Ayr, John Kennedy there, John Adamson there, James Adamson there, John Reid in Craigie, Janet Miller and Dame Christine Pringle, spouse to Hugh Wallace of Craigie, younger, and therefore the said estates ordain the justice deputes to absolve them and dismiss them to their own homes, and remit the modification of their expenses to the said justice deputes.

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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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Act in favour of [Charles Seton], earl of Dunfermline

The estates of parliament, having heard and considered the supplication given in by Charles, earl of Dunfermline, showing that where, according to an act of parliament dated 2 March last, his lands and fishings in the sheriffdoms of Aberdeen and Elgin are exempt from maintenance and levies in respect of the great sufferings and devastation of the same is well-known, so as these five years bygone he has not received any benefit of his said estate in these two shires; and in respect of the singular condition of the said supplicant, the aforesaid warrant and act for his exemption was passed in plain parliament upon certain knowledge of his singular condition and sufferings of his lands and tenants, and that the parliament was so careful not to grant the same but upon certain trial taken of the bygone sufferings and present condition of his said estate, which trial accordingly was taken by the committee of war of the said respective shires of Aberdeen and Moray. And now seeing the said estates of parliament are about the settling of the maintenance and declaring their pleasure anent what lands and persons shall be liberated from maintenance and levies, he is fully considered that the said estates by any general act discharging exemptions will not cut away his aforesaid exemption which was granted by the said estates upon just grounds. Therefore humbly desiring the said estates of parliament to have consideration of the premises and that they would be pleased to ratify his said acts of exemption and to declare the same to be effectual and to stand notwithstanding of any general act discharging exemptions, seeing his said estate in the north is so ruined and made unprofitable. Which being taken into consideration by the said estates of parliament, they have ratified and approved and by this act ratify and approve the former act of exemption of the date 2 March last made in favour of the said Charles, earl of Dunfermline and declare the same to be effectual and to stand until 1 July last notwithstanding of any general act discharging exemptions; and discharge all collectors, officers and other persons to trouble the supplicant's lands or tenants within the said shires of Aberdeen and Elgin for any maintenance or teinds preceding the said 1 July; and declare the said respective shires of Aberdeen and Elgin free of the supplicant's proportion of maintenance or levies accordingly.

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  2. Title not in manuscript. In APS only. Back
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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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Act of approbation of a new roll of maintenance to be paid by the shires until new valuations be brought in to the parliament or committee of estates

The estates of parliament, having considered a report of the committee appointed to cast up the exact monthly proportion of each shire of the kingdom for payment of the maintenance according to the respective valuations approved by the parliament, they have ordained and ordain the form and table following below to be a rule for payment of the monthly maintenance by the several shires of this kingdom until 1 November next and until new valuations shall be brought in and compared according to the directions to be subscribed by the parliament. Follows the form and table: the valued rent of the shire of Orkney and Shetland extends to £90,980, the maintenance per month extends to £1,624 8s 3d; the valued rent of the shire of Inverness and Ross etc. extends to £231,660, the maintenance per month £4,136 2s; the valued rent of the shire of Caithness extends to £40,600, the maintenance per month £724 7s 2d; Cromarty, the valued rent thereof extends to £4,800, the maintenance per month £85 14s; the valued rent of the shire of Sutherland is £24,600, the maintenance per month is £439 4s 5d; the valued rent of the shire of Nairn is £24,000, the maintenance per month is £413 2d; the shire of Elgin, the valued rent thereof £90,200, the maintenance per month is £1,610 8s 2d; the valued rent of the shire of Aberdeen is £313,000, the maintenance per month is £5,588 7s 1d; the valued rent of the shire of Banff is £93,500, the maintenance is £1,669 8s 1d; the valued rent of the shire of Kincardine is £75,000, the maintenance per month is £1,339 2s; the valued rent of the shire of Forfar is £266,000, the maintenance per month is £4,749 4s 8d; the valued rent of the shire of Perth is £384,000 and pays of maintenance per month £6,856 8d; the valued rent of the shire of Fife is £475,700, the maintenance thereof per month is £8,493 5s 6d; the valued rent of the shire of Kinross is £12,240, the maintenance thereof per month is £218; the valued rent of the shire of Stirling is £151,000, the maintenance per month is £2,696 1d; the valued rent of the shire of Clackmannan is £47,800, the maintenance per month is £853 9s; the valued rent of the shire of Linlithgow £110,720, the maintenance per month is £1,976 16s 3d; the valued rent of the shire of Edinburgh is £301,980, the maintenance per month is £5,391 12s 5d; the valued rent of the shire of Haddington is £274,700, the maintenance is £4,904 10s 11d; the valued rent of the shire of Berwick is £280,720, the maintenance per month is £5,012 1s 1d; the valued rent of the shire of Roxburgh is £319,400, the maintenance per month is £5,702 12s 7d; the valued rent of the shire of Selkirk is £319,400, the maintenance per month is £1,430; the valued rent of the shire of Peebles is £82,000, the maintenance per month is £1,464 1s 6d; the valued rent of the shire of Lanark is £196,240, the maintenance per month is £3,503 14s; the valued rent of the shire of Ayr is £291,000, the maintenance per month is £5,195 12s 1d; the valued rent of the shire of Dumfries is £245,820, the maintenance thereof per month is £4,388 18s 7d; the valued rent of the shire of Wigtown and stewartry of Kirkcudbright is £232,000, the maintenance per month £4,142 2s 6d; the shire of Renfrew, the valued rent thereof £97,000, the maintenance per month £1,731 17s 1d; the valued rent of the shire of Dunbarton £49,430, the maintenance per month is £882; the shire of Argyll, the valued rent thereof is £133,500, the maintenance per month is £2,383 11s 9d; the valued rent of the shire of Bute, £22,000, the maintenance thereof per month is £392 16s.

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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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Act for nomination of some persons in every presbytery to sit upon the commission of grievances

The estates of parliament, notwithstanding that by the printed act of parliament it is appointed that the several presbyteries present lists of the commissioners for hearing the grievances of tenants oppressed by their masters in each shire, do yet now upon further consideration ordain that the present commissioners of the general assembly, with joint consent of the commissioners of shires now in parliament, shall draw up and present the lists of the aforesaid commissioners to the said estates of parliament.

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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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Act and licence to [James Home], earl of Home to proceed to Edinburgh

The estates of parliament, considering that James, earl of Home is necessitated to proceed to this town of Edinburgh for performing certain urgent affairs, according to his earnest desire, and being for the present confined within the castle of Home for not subscribing the bond presented to him by the committee of estates, he cannot proceed here unless liberty be granted to him by the parliament, therefore the said estates have given and granted and by this act give and grant warrant and licence to the said James, earl of Home to proceed to Edinburgh or elsewhere for doing his lawful affairs until 11 August next, at which time he is ordained to proceed to the place of his confinement, according to the act of the committee of estates in December last.

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  4. Perhaps Dumbuck, west of Auchentorlie? Back
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  15. NAS. PA2/25, f.136v-137r. Back
Act in favour of Katherine Finlay

The estates of parliament, taking into consideration a supplication given in to them by Katherine Finlay, widow of the late Lieutenant John Swine, showing that whereas she having supplicated the said estates of parliament for payment to her and her fatherless children of the sum of £420 resting for seven months' arrears to her said late husband at the time of his death, who was killed in the public service at Kilsyth, the said estates did recommend her to the committee of monies to take some effectual course for payment to her thereof, whereupon the said committee did grant precept to her upon the commissary-general for making payment of the aforesaid sum of £420, as the same precept of 12 July instant herewith present can testify. Notwithstanding of which precept, Sir James Stewart [of Kirkfield and Coltness], commissary-general, absolutely refuses to make payment to her thereof in respect the precept bears without prejudice of the payment of the army and other incident charges, and seeing the arrears due to her said late husband was for the time a debt due to the army then on foot, and in respect of her great necessity with his fatherless children, therefore humbly supplicating the said estates of parliament to commiserate her condition and to ordain the committee of monies to grant an absolute precept to her for payment of the aforesaid sum of £420 upon the commissary-general, that she may be preferred thereby before the payment of the army or other incident charges in respect of her and her fatherless children's distressed condition, as the said supplication at more length purports. Which being taken into consideration by the said estates of parliament, they find that the said sum of £420 due to the late Lieutenant John Swine, husband to the said Katherine Findlay, as his arrears payable to him at the time of his death; therefore, and in respect of the said Katherine Finlay and her fatherless children's great necessity, they have ordained and ordain the committee of monies to draw a precept upon the commissary-general for payment to her of the aforesaid sum of £420 and to grant her preference thereby before the payment of the army or other incident charges.

  1. NAS. PA2/25, f.131r. Back
  2. Title not in manuscript. In APS only. Back
  3. NAS. PA2/25, f.131v-132v. Back
  4. Perhaps Dumbuck, west of Auchentorlie? Back
  5. NAS. PA2/25, f.132v. Back
  6. NAS. PA2/25, f.133r. Back
  7. NAS. PA2/25, f.133r-133v. Back
  8. NAS. PA2/25, f.134r. Back
  9. Title not in manuscript. In APS only. Back
  10. NAS. PA2/25, f.134r-134v. Back
  11. NAS. PA2/25, f.134v-135v. Back
  12. NAS. PA2/25, f.135v. Back
  13. NAS. PA2/25, f.135v-136r. Back
  14. NAS. PA2/25, f.136r-136v. Back
  15. NAS. PA2/25, f.136v-137r. Back
Act and exemption to Alexander Ogilvie of his mortified lands of Auchindachy

The estates of parliament, having heard and considered a supplication given in to them by Alexander Ogilvie, writer in Edinburgh, showing that where it is evident that in all acts of maintenance and other acts made at the imposition of any common burden upon the kingdom all mortifications are excepted and declared to be free, and seeing he has mortified and conveyed to the minister, elders and deacons present and to come of the parish kirk of Keith, in name and on behalf and to the use and benefit of the schoolmaster at the said kirk for building and upholding a school and maintaining a schoolmaster there in all time coming, all and whole his said lands of Auchindachy, with the mill, mill-lands, multures, houses, buildings and pertinents thereof, lying within the parish of Keith, regality of Spynie and sheriffdom of Banff, as the mortification passed under his majesty's privy seal bears, therefore humbly supplicating the said estates of parliament that he may have an act and warrant exempting the aforesaid lands, mill and others above-specified and that the tenants thereof may be free from all quarterings and from payment of monthly maintenance or putting out of soldiers and other common burdens whatsoever in time coming as other mortifications are, seeing the same is mortified for pious uses as said is, as the said supplication 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 report of the said committee that the supplicant's lands of Auchindachy are mortified to the ministers and elders for the benefit and use of the schoolmaster of Keith lying within the shire of Banff, according to a mortification under his highness's great seal and other instructions seen by the said committee. Therefore the said estates of parliament have exempted and exempt the said lands of Auchindachy, with the mill, mill-lands and pertinents, from payment of all maintenance, quarterings, levies and all other public dues in all time coming as any other mortified lands within this kingdom, and discharge collectors, officers or soldiers to trouble the said lands or tenants for any payment of any public dues in all time coming as said is, and declare the shire of Banff to be liberated for as much from the maintenance, quarterings, levies and other public dues as is above-written.

  1. NAS. PA2/25, f.131r. Back
  2. Title not in manuscript. In APS only. Back
  3. NAS. PA2/25, f.131v-132v. Back
  4. Perhaps Dumbuck, west of Auchentorlie? Back
  5. NAS. PA2/25, f.132v. Back
  6. NAS. PA2/25, f.133r. Back
  7. NAS. PA2/25, f.133r-133v. Back
  8. NAS. PA2/25, f.134r. Back
  9. Title not in manuscript. In APS only. Back
  10. NAS. PA2/25, f.134r-134v. Back
  11. NAS. PA2/25, f.134v-135v. Back
  12. NAS. PA2/25, f.135v. Back
  13. NAS. PA2/25, f.135v-136r. Back
  14. NAS. PA2/25, f.136r-136v. Back
  15. NAS. PA2/25, f.136v-137r. Back