[1649/5/317]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
The which day [Sir James Arnott], laird of Fernie produced the book of the valuations of Fife, which was delivered to Alexander Ogilvie.
[1649/5/318]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in by Mr Robert Farquhar of Mounie, late provost of Aberdeen, showing that the supplicant, out of his good affection to the public, being employed by the estates of this kingdom in the years of God 1640 and 1641, did by his credit furnish victual and monies to them in their then urgent necessities far above his worth. For satisfaction to him of a part thereof, in 1642 the estates were pleased to grant him a warrant to receive at London from Sir John Smith [of Grotehill] £4,000 sterling of the brotherly assistance, which at his large expense he caused receive there and brought the same by sea on ship from London to Burntisland, not without great hazard of sea and pirates, and having brought the same safely to Burntisland, it pleased the estates to cause take the money to supply their then urgent necessities, to his great grief, hurt and prejudice, the like whereof has been done to no other. After which it pleased them to grant an act for payment to him at Whitsunday [21 May] 1643 of the sum of £133,800 Scots money, and thereafter, the estates of parliament convened at St Andrews in 1646, taking his sufferings and hard condition into consideration, he having received no satisfaction of principal nor annualrent, they were pleased to grant him an act of parliament in his favour for payment of principal and annualrent, but by reason of their burdens and pressing necessities could not then fully satisfy him. They did only assign him to a third of all fines and forfeitures of malignants and delinquents north of the River Tay and the half of all borrowed monies for the use of the public north of the River Tay until he should be satisfied of his bygone annualrent and the half of the principal sum, notwithstanding of which it pleased the said estates to dispose of the most considerable sums of fines and borrowed monies north of the River Tay to other uses, so that the supplicant received a very small proportion thereof, not one year's rent of his principal sum. Now he having received so many discouragements and being for the public brought to the point of discredit that hornings, inhibitions and comprisings are raised against him for the sums truly contracted by him for the public (as is well-known to some of the said estates of parliament), therefore it is the humble desire of the said supplicant (who is ashamed daily to bother and trouble the said estates) that now at last they will be pleased seriously to take to heart his pitiful distressed condition for the public and let some real and effectual means be found out for his present relief and satisfaction, at least of his bygone annualrent and some considerable proportion of his principal sum and security for payment of the rest, that he be not suffered to sink under burdens contracted so willingly for the good of the public, as the said supplication bears. Which, with the report of the committee appointed for that effect, being taken into consideration by the said estates of parliament, they find by the report of the said committee, after inspection and investigation upon the supplicant's account of monies due to him by the public, that by act of parliament of 3 February 1646 there is due and indebted to the said Mr Robert by the estates of this kingdom at the term of Martinmas [11 November] 1645 of principal and annualrent £159,725 16s 8d, which is then declared by the said act to be a public debt bearing annualrents, and that the annualrent thereof from the said term of Martinmas 1645 to the term of Whitsunday [13 May] 1649 (being three years and a half) extends to £44,722 13s 4d, which in total extends to £204,445 16s; and that the said Mr Robert has only received thereof from the date of that act, according to the particular accounts given in by him, £13,586 14s 10d, so that there rests yet clearly to the said Mr Robert Farquhar at the said term of Whitsunday last £190,859 1s 2d. Which report the said estates of parliament do hereby ratify and approve and declare the aforesaid sum of £190,859 1s 2d Scots to be a public debt of this kingdom, and that the said annualrent of the said sum is due to the said Robert from the term of Whitsunday last until payment be made to him of the said principal sum. And in regard of the said Mr Robert's pressing burdens, and that he has had several former acts and assignments which have hitherto altogether proven ineffectual, and also in 1642 the said Mr Robert, upon his own large expense, bearing the sea hazard, did cause receive at London and bring to Burntisland the sum of £4,000 sterling, which was taken from him for supplying the urgent necessities of the kingdom at that time, the said estates have assigned and assign the said Mr Robert Farquhar to the whole fines and forfeitures of such delinquents as are already fined or to be fined and the rest of any public dues yet in the collectors' hands or otherwise resting and uncollected preceding 1 October last in so far as extends to the sum of £2,000 sterling, he doing the first diligence after 1 October next. And in the meantime, without prejudice to those that have former assignments, to do their diligence between now and the said 1 October; which failing, the said Mr Robert Farquhar or any of the persons who have prior assignments that shall do the first diligence after the said time to be preferred; and appoint the committee for [Adrian and Cornelius] Lampson to find a way to satisfy the supplicant of £5,000 sterling over and above the said £2,000 and in part payment of this sum due to him by the public.
[1649/5/319]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication given in to them by John Stewart of Coldingham, showing that whereas he having repaired to Edinburgh in June last to have followed forth his action of account and reckoning with [James Home], earl of Home anent his intromission with his estate presently depending before the lords of council and session, to the effect he might have employed such parts of his estate as he should happen to recover from him for payment of his debts, in the meantime the said supplicant is apprehended and incarcerated within the tolbooth of the Canongate at the instance of his creditors, whereby all means competent to him for recovery of his debts and maintenance of himself is obstructed and he put in that condition the he is likely to starve. Therefore humbly supplicating the said estates of parliament to take the premises into their consideration and ordain him to be set at liberty out of the said tolbooth, or else that the said estates of parliament would ordain the persons at whose instance he is incarcerated to support him during his abode therein, and for that effect that the said estates would ordain a competent sum per day to be paid to them towards his said maintenance; and in case of the non-payment of the said maintenance so to be modified by the said estates, so that eight days run together unpaid, that then he may have letters charging the magistrates of the Canongate to put him to liberty upon the said failure; and that the said failure be qualified by the keeper of the tolbooth's deposition under his hand, which shall be a sufficient warrant either for raising the letters to charge or to the magistrates by themselves without a charge to put him to liberty, as the said supplication bears. Which being taken into consideration by the said estates of parliament, they have ordained and ordain a messenger of arms to summon all parties interested to compear before the parliament or the committee of estates to hear and see the said John Stewart of Coldingham ordained by their act and decreet to be put to liberty or otherwise to show a reasonable cause why the same should not be done.
[1649/5/320]*[print] [email] [cite] [preceding] [following]
The which day some members of the general assembly presented a declaration to the parliament from the assembly concerning the present dangers and duties relating thereto; and being read in audience of parliament, hearty thanks was rendered to them for that and for that good correspondence, with a desire of a continuance thereof in time coming.
[1649/5/321]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered an act given in to them by the general assembly bearing that the said general assembly, having considered the present hard condition of Mr Thomas Ireland, minister at Wemyss, after so many sufferings and finding no other way for the supply of his present extreme necessity than out of the vacant stipends within the presbytery, conceiving it to be a most pious and charitable use, therefore they do appoint that the said Mr Thomas gets the just and equal half of the bygone and vacant stipends of Logierait since the deposition of Mr Francis Omay, the other half being reserved for the training up of Irish boys at schools according to the destination of parliament; and for this effect appoint the said Mr Thomas to collect and uplift the said whole vacant stipends and to make account and payment of the equal half thereof to Mr James Hamilton, minister at Edinburgh, for the use of the Irish boys as he will answer to the next general assembly, and do earnestly recommend to the honourable estates of parliament to ratify and approve the premises on behalf of the said Mr Thomas and interpose their authority thereto. Which act the said estates of parliament do hereby ratify and approve in all the heads, articles and clauses thereof, and, if need be, ordain letters of horning and others needful to be directed hereupon on a simple charge of six days, with certification etc.; and declare the discharges to be given by the said Mr Thomas Ireland to whatsoever persons liable in payment of the said vacant stipends or any part thereof to be a sufficient exoneration thereof at all hands.
[1649/5/322]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in to them by John Murray of Broughton, showing that whereas the public burdens of this kingdom concurring with his private debts have disabled him from payment of any annualrents these four or five years bygone, for which cause he is put to the king's horn, but finding in conscience he has no just cause to suspend them but is most willing to endeavour all means for their satisfaction, therefore humbly desiring the said estates of parliament that they would be pleased to grant him a protection that he be not troubled in his person in resorting to Edinburgh or where his affairs lies for the space of three months, to which he has procured his creditors' consent, as is herewith to be instructed under their hands, that the better he may be enabled to secure them, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they have hereby given and granted and give and grant free liberty and personal protection to the said John Murray of Broughton to proceed safely to this burgh of Edinburgh or any other place or places where his lawful affairs do occasion him to be for the space of three months, discharging hereby all sheriffs, officers, stewarts, bailies of regalities, lords and their deputes, magistrates of towns, justice of peace, messengers of arms and all other judges whatsoever to trouble or molest, apprehend or incarcerate and arrest the said person 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; and in case the said John Murray shall make any disposition or right of his lands, heritages, moveables, goods and gear defrauding his lawful creditors during the aforesaid space of three months, the same to be void and of no effect.
[1649/5/323]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in to them by Fergus Graham of Blackwood and William and Arthur Graham, his sons, George Graham, son to John Graham of Redkirk, Dick and John Irvine, sons to Arthur Irvine of Skailes, John Graham, son to Arthur Graham, William Graham, son to George Graham, called the Roust, James Johnston, son to John Johnston, called of Gratnay, George Graham, son-in-law to the said Fergus Graham, Roland Goodfellow and John Halliday, servants to the said Fergus Graham, showing that where James [Murray], earl of Annandale caused denounce them rebels and put them to the horn for alleged [...], they not compearing before the lords of his highness's secret council to have answered to a pretended complaint given in by him against them, albeit he had no just reason nor cause to convene them before the said lords of privy council except mere and plain malice; and the said earl, having purchased a pretended decreet of removing against the said Fergus Graham of Blackwood and his tenants for removing from his whole lands for no defence, and thereupon having procured a warrandice from the lords of session that no suspension be granted of the said pretended decreet, contrary to all reason and form, from which he was debarred from any suspension, whereby he was necessitated to go to the horn, whereupon the said earl raised caption, which moved him to convene him, his sons and friends above-named before the secret council, where, if they had compeared, he would have taken them and put them in prison; and so for their non-compearance at that time (when they dare not for fear of capture and warding) they were ordained to be denounced and accordingly denounced to the horn, albeit the said earl could in no way have convened the said George, son to the said John Graham of Redkirk, James Johnston, son to the said John Johnston, called of Gratnay, George Graham, son-in-law to the said supplicant, and Roland Goodfellow because they dwell not within the kingdom of Scotland but within the kingdom of England, and so they could not have been cited nor had no necessity to appear before the said lords of secret council nor could not have been denounced to the horn. Whereupon the said earl's cruel using of them and taking of the said Fergus Graham and William Graham, his eldest son, in December last in the deep time of winter and carrying them to the tolbooth of Dumfries and detaining them therein until this month of July and ejecting them out of their whole estate, houses and buildings and spuilzing and taking away their whole goods and gear and collecting of their whole rents whereupon they should live and be maintained, they submitted themselves to the said estates of parliament, who remitted the said matter to the lords of session and recommended the same into their serious consideration, and in the meantime gave warrant to put them to liberty, and in the meantime ordained them to be free of all personal trouble and molestation at the said earl of Annandale's instance until the said lords of session gave their full decision anent the difference between the said earl and them, as the act given in their favour shown and produced bears. Whereupon the said Fergus has obtained suspension and relaxation of the said pretended decreet of removing and horning following thereupon by the lords of session, nevertheless they are still under danger of the said horning used against them upon the said pretended decreet of secret council, and that they are not able nor can get no suspension and relaxation from this in respect of the secret council not sitting, and that they are not able to find caution, being put from their whole estates and means by the cruel usage of the said earl. Therefore humbly supplicating the said estates of parliament to have respect to their hard estate and to give command and warrant to any of the said lords of secret council and clerk thereof to grant them suspension and relaxation of the said pretended horning without any caution in respect they who are within this kingdom shall be content to compear at any diet the said lords of secret council shall please, to answer to the said complaint given in against them in respect they can get none to be cautioner for them as said is, 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 any one of the lords of secret council and Mr James Primrose, clerk thereof, to grant a suspension and a relaxation without any caution to Fergus Graham of Blackwood and to the other persons above-mentioned of the said letters of horning raised upon the aforesaid decreet of secret council given against the said whole persons for non-compearance as said is.
[1649/5/324]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament grant commission for putting to execution certain persons guilty of the crime of witchcraft, according to their depositions subscribed by the minister and elders within the parish of Haymouth.