[1649/5/352]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
[1649/5/353]*[print] [email] [cite] [preceding] [following]
6 August 1649
The estates of parliament, considering how necessary it is that all persons having power of public trust in those great judicatories of parliament and privy council should be of ripe age and experience, sufficiently qualified for the exercise of these places and discharge of that trust to the good of the kingdom, and that such abilities and experience fit for a public charge cannot well be attained to by those who have not attained to the age of 21 years, who are not allowed through their minority to order and govern their own private affairs, it is therefore statute and ordained that no person of whatsoever quality or degree shall be admitted to sit and voice in parliament or privy council unless he be of the age of 21 years at least.
[1649/5/354]*[print] [email] [cite] [preceding] [following]
6 August 1649
The estates of parliament, considering how necessary it is for the good of the kingdom that the remainder of the horse and foot that were appointed to be raised and put out by the act of levy of the date 28 February last and are not as yet put out should be in readiness upon advertisement, therefore the said estates of parliament have ordained and do ordain the whole shires and burghs within this kingdom presently to raise and have in readiness the rest of the foot mentioned in the said act and not as yet raised and put out, namely: the sheriffdom of Edinburgh, 450 foot; the sheriffdom of Haddington, 450 foot; the sheriffdom of Berwick, 450 foot; the sheriffdoms of Roxburgh and Selkirk, 750 foot; the sheriffdoms of Fife and Kinross, 900 foot; the sheriffdom of Linlithgow, 187 foot; the sheriffdom of Peebles, 150 foot; the sheriffdom of Dunbarton, [...] foot; the sheriffdom of Dumfries, 450 foot; the sheriffdom of Wigtown and stewartry of Kirkcudbright, 450 foot; the sheriffdoms of Ayr and Renfrew, 750 foot; the sheriffdom of Lanark, 450 foot; the sheriffdoms of Stirling and Clackmannan, 375 foot; the sheriffdom of Perth, 900 foot; the sheriffdom of Forfar, 562 foot; the shire of Kincardine and [William Keith], earl Marischal's part of Aberdeen, 450 foot; the rest of Aberdeen and sheriffdom of Banff, 600 foot; out of the sheriffdom of Elgin and Nairn and that part of Inverness on this side of the River Ness, 375 foot; out of [George MacKenzie], earl of Seaforth and [Hugh Fraser], lord [Fraser of] Lovat's division of Inverness and Ross, 375 foot; out of the rest of Inverness, Sutherland, Ross and Caithness, 600 foot; out of the sheriffdom of Orkney, 375 foot. And whereas the said estates of parliament have found it most just and reasonable that in time coming all levies of horse shall be proportioned upon the several shires of the kingdom according to their maintenance, according to the act of the date 12 July last, and having caused cast up the said proportions accordingly, they do ordain and appoint that in the putting out of the two part of the levy of horse, appointed by the said act of 28 February, the several shires shall put out according to the list following, namely: the shire of Roxburgh, 180 horse, and the shire of Selkirk, 47 horse; the sheriffdom of Fife and Kinross-shire, 290 horse; the sheriffdom of Linlithgow, 66 horse; the sheriffdom of Peebles, 49 horse; the sheriffdom of Dunbarton, 30 horse; the sheriffdom of Dumfries, 146 horse; the sheriffdom of Wigtown and stewartry of Kirkcudbright, 130 horse; the sheriffdom of Ayr, 173 horse; the shire of Renfrew, 58 horse; the sheriffdom of Lanark, 117 horse; the shire of Stirling, 90 horse; the shire of Clackmannan, 28 horse; the sheriffdom of Perth, 228 horse; the shire of Forfar, 160 horse; the shire of Kincardine, 44 horse; the sheriffdom of Aberdeen, 186 horse; the shire of Elgin, 54 horse; the shire of Nairn, 14 horse; the shire of Sutherland, 15 horse; the shire of Caithness, 24 horse; the shire of Cromarty, 3 horse; the shire of Banff, 56 horse; the whole shire of Inverness with the shire of Ross, 138 horse; the shire of Orkney and Shetland, 54 horse; the sheriffdom of Argyll, 80 horse; the shire of Bute, 13 horse. Only the estates of parliament do dispense for the present with the shires of Edinburgh, Haddington and Berwick, and do appoint that they put out their proportion of horse according to the act of 28 February, namely: the sheriffdom of Edinburgh, 133 horse; the sheriffdom of Haddington, 133 horse, the sheriffdom of Berwick, 133 horse. And ordain the whole burghs of this kingdom to raise and have in readiness the proportion of horse according to the act of 28 February last and not already put out by them, or, in their option, three foot for every horse and man. And the said estates of parliament ordain the committees of war to divide and lay on proportionally the horse according to the maintenance upon the several heritors and others liable in putting out the same. And in regard in all former levies of foot the heritors in several shires who have small rents and many men dwelling upon the lands have borne an unequal burden in time past, it is now statute and ordained that in all levies of foot in time coming the expenses of equipping arms, levy money and all other necessaries shall be equally divided and laid on throughout the shires, and according to the valuation as the maintenance and other common burdens are, and the persons of men to be put out of the several parishes and heritors' lands according to the number, providing that the dividing of the expenses of arms, levy money and other necessaries through the shires be not a retardment to the putting out of the said levies of foot, and likewise appoint the committees of war to take the particular heritors and others liable in putting out horse and foot obliged for having the same well mounted and armed in readiness within 24 hours after advertisement from the committee of estates, under the pain of 400 merks for each horse and man, and £100 for each footman, to be paid by the heritors failing to have them in readiness as said is; and where heritors fail to contribute fractions, ordain the committee of war respectively to take an effectual course that the proportion may be in readiness as soon as the rest of the levy, as they will be answerable. With power also to the said committees of war, with advice of the colonels, to condescend upon and name the several officers of horse and foot above-written. And further ordain every heritor liable in putting out horse and foot to give in sufficient arms according to his proportion, and ordain the committees of war to cause receive the said arms, and put them in such a place or places of the said shires respectively as they shall think fit. With power likewise to the said committees of war, with advice of the colonels, to do all things according to the former acts of levies as they shall find necessary for the more speedy and effectual raising and having in readiness the horse and foot above-written. And the said estates of parliament ordain the said committees of war of the said shires on this side of the River Tay to make report of their diligence between now and 1 October next, and on the other side of the River Tay between now and 15 October.
[1649/5/355]*[print] [email] [cite] [preceding] [following]
6 August 1649
The estates of parliament, having considered the dangers which threaten this kingdom, both in respect of internal and foreign enemies, and being informed that many of those who have been most active in the late Engagement against England are still upon designs and attempts to involve this kingdom in new troubles, withal having certain intelligence of imminent dangers to the cause and covenant and this kingdom from abroad, and being obliged in discharge of the trust committed to them to take care of the safety of the kingdom as they resolve for themselves to use all lawful means and peaceable ways to prevent these dangers, so they have thought fit to keep up such a number of forces as may prevent these dangers, and for maintaining of the same, to prorogate and continue the monthly maintenance for the month of July last, as the same was imposed upon the valued rents of this kingdom for the months immediately preceding February last, and therefore statute and ordain that each burgh and shire within this kingdom are and shall be liable and obliged in payment of the particular sums of money underwritten for the said month of July, and that between now and 15 August instant, and ordain the same to be paid to Sir James Stewart of Kirkfield [and Coltness], provost of Edinburgh, treasurer of the army and collector general of the said maintenance, or his deputies or subcollectors, and that the sums to be paid by the several shires and burghs for the said month of July be as follows, namely: Orkney of monthly maintenance pays, £1,143; Inverness, £4,176; Caithness, £945; Cromarty, £99; Sutherland, £423; Nairn, £315; Elgin, £1,890; Aberdeen, £6,543; Banff, £1,431; Kincardine, £1,566; Forfar, £5,004; Perth, £8,001; Fife, £6,642; Stirling, £2,538; Kinross, £144; Clackmannan, £522; Edinburgh, £4,167; Linlithgow, £1,746; Haddington, £3,384; Berwick, £3,555; Roxburgh, £5,778; Selkirk, £1,278; Peebles, £1,638; Lanark, £5,382; Ayr, £6,066; Wigtown and stewartry of Kirkcudbright, £4,374; Dumfries, £4,446; Renfrew, £2,205; Dunbarton, £1,233; Argyll, £2,907; Bute, £459. Follows the sums payable by the burghs for the said month of July, according to their tax rolls, namely: Edinburgh, £5,175; Perth, £810; Dundee, £1,200; Aberdeen, £1,512; Stirling, £240; Linlithgow, £324; St Andrews, £780; Glasgow, £1,530; Ayr, £342; Haddington, £324; Dysart, £270; Kirkcaldy, £600; Montrose, £324; Cupar, £216; Anstruther Easter, £180; Dumfries, £270; Inverness, £450; Brechin, £120; Irvine, £252; Elgin, £135; Jedburgh, £126; Kirkcudbright, £80; Wigtown, £135; Pittenweem, £120; Dunfermline, £162; Dumbarton, £162; Renfrew, £90; Lanark, £162; Arbroath, £81; Burntisland, £216; Peebles, £108; Crail, £216, Kinghorn, £108; Tain, £90; Selkirk, £126; Anstruther Wester, £54; Culross, £90; Dunbar, £180; Banff, £72; Whithorn, £45; Forfar, £27; Rothesay, £60; Forres, £54; Rutherglen, £45; North Berwick, £36; Cullen, £27; Nairn, £36; Lauder, £45; Inverkeithing, £90; Kilrenny, £27; Annan, £30; Lochmaben, £18; Sanquhar, £27; Galloway, £9; Dingwall, £18; Queensferry, £108; Dornock, £10. And for the better collecting thereof, the said estates of parliament allow to the collector of maintenance and clerk of collection appointed by him the same allowance they had formerly, and likewise to all collector deputes and clerks, one or more in each shire, to be nominated by the committee of war thereof, between the [...] day of [...] instant, such fees as the committees of shires shall allow not exceeding the former allowance, which collector deputes shall find caution to the general collector; wherein if the committees of war shall fail, the general collector after the day aforesaid to appoint his own subcollector in the shires, and that the said subcollectors shall be accountable to the committees of war of their intromission with all public dues to be uplifted by them, and how the same are given out and employed without prejudice of their making account and payment to the general collector of the maintenance due by the shires, the burghs being always free of the said fees. And the said estates ordain that the letters and charges to follow upon this act for payment of the said month of July last shall be raised and directed at the instance of the said Sir James Stewart against the subcollectors of shires, magistrates of burghs and at the instance of the collectors of shires and magistrates of burghs respectively against the subcollectors of parishes, heritors, feuars, liferenters and others indebted in payment of their several proportions of the said months' maintenance now imposed. And with power to the said Sir James Stewart that if any shire or burgh be deficient in payment of their parts of the said month of July, to employ any forces that shall happen to be upon the bounds for the time or in the next neighbouring bounds adjacent thereto for uplifting the maintenance of the said month of July last from the deficient shires, burghs and parishes, which troops are to receive their subsistence from the deficients at the ordinary rates besides the payment of their maintenance; and the said troops or parties shall not be employed to quarter upon the deficients until first there be six days' warning given to the deficients or at the parish kirks where their lands liable for the said maintenance lie. And it is hereby ordained that the committees of war in the several shires shall be aiding and assisting to the said general collector herein for collecting the said months' maintenance. And in regard of the prorogating of the aforesaid maintenance on the shires and burghs for the said month of July, it is statute and ordained by the estates of parliament that every debtor shall have retention from the creditor of one and a half per cent of one year's annualrent proportionally for the said month of July last, so that the debtor shall be liable in payment of 6 merks 6s 8d of annualrent of each 100 merks of stock proportionally according to the said month. And in regard of the present distressed condition of the sheriffdoms of Argyll and Bute, the estates do liberate the whole sheriffdom of Argyll from payment of the said month's maintenance of July last, except the lands of Morven, Ardgour, Kingairloch and the isles of Mull, Tiree, Coll, Iona, Muck and Rum, the maintenance whereof is assigned to Hector MacLean of Torloisk for keeping the strength and garrison of Barneboil. As also liberate the sheriffdom of Bute from all payment of the equal half of the said month's maintenance, and ordain the said shire of Bute to be only liable in payment of the other half of the said month's maintenance, and to be proportionally paid by the heritors and others liable in payment thereof through the said whole shire of Bute. As also the estates declare this present act to be without prejudice of the act granted in favour of the town of Inverness of 5 January 1647, that any taxations or impositions to be laid on that town be allowed to them in part payment of their losses according to the tenor of the said act. And lastly, it is ordained that no suspension be granted but upon consignation, and that all heritors within burghs, pendicles and liberties thereof, shall contribute with them for payment of the maintenance as is contained in the act of 27 February 1645. And the estates ordain that the lands and teinds shall pay the aforesaid maintenance as they lie locally in shires and burghs, according to the former acts of maintenance.
[1649/5/356]*[print] [email] [cite] [preceding] [following]
6 August 1649
The estates of parliament, having considered the dangers which threatens this kingdom, both in respect of internal and foreign enemies, and being informed that many of these who have been most active in the late Engagement against England are still upon designs and attempts to involve this kingdom in new troubles, withal having certain intelligence of imminent dangers to the cause and covenant and this kingdom from abroad, and being obliged in discharge of the trust committed to them to take care of the safety of the kingdom as they resolve for themselves to use all lawful means and peaceable ways to prevent these dangers, so they have thought fit to keep up such a number of forces as may prevent these dangers, and for maintaining of the same forces, to prorogate and continue the monthly maintenance for the months of August instant, September and October following, to be paid according to the valuations of the respective shires approved by the parliament, according to their act of the date 27 July last, and appointed to be the rule for payment of the monthly maintenance until new valuations shall be brought in and compared according to the rules prescribed by the parliament; and the sums to be paid monthly by the several shires for the aforesaid three month are as follows, namely: the sheriffdom of Orkney and Shetland of monthly pay, £1,624 8s 3d; Inverness and Ross, £4,136 2s; Caithness, £724 17s 11d; Cromarty, £85 14s; Sutherland, £439 4s 5d; Nairn, £413 2d; Elgin, £1,610 8s 11d; Aberdeen, £5,588 7s 1d; Banff, £1,669 8s 1d; Kincardine, £1,339 2s;. Forfar, £4,749 4s 8d; Perth, £6,856 8d; Fife, £8,493 5s 6d; Kinross, £218 10s 8d; Stirling, £2,696 1d; Clackmannan, £853 9s; Linlithgow, £1,976 16s 3d; Edinburgh, £5,391 12s 5d; Haddington, £4,904 10s 11d; Berwick, £5,012 1s 1d; Roxburgh, £5,702 12s 7d; Selkirk, £1,430 3s 4d; Peebles, £1,464 1s 6d; Lanark, £3,503 14s; Ayr, £5,195 12s; Dumfries, £4,388 18s 7d; Wigtown and stewartry of Kirkcudbright, £4,142 2s 6d; Renfrew, £882 11s; Argyll, £2,383 11s 9d; Bute, £392 16s.
Follows the sums payable for the said three months of August instant, September and October following by the burghs, according to the tax roll, namely: Edinburgh, £6,480; Perth, £720; Dundee, £1,260; Stirling, £198; Linlithgow, £324; St Andrews, £600; Glasgow, £1,170; Ayr, £252; Haddington, £324; Dysart, £252; Kirkcaldy, £432; Cupar, £198; Montrose, £360; Anstruther Easter, £144; Dumfries, £300; Inverness, £450; Burntisland, £198; Inverkeithing, £90; Kinghorn, £81; Brechin, £108; Irvine, £180; Jedburgh, £162; Kirkcudbright, £144; Wigtown, £126; Pittenweem, £120; Dunfermline, £153; Anstruther Wester, £54; Selkirk, £120; Dumbarton, £108; Renfrew, £72; Dunbar, £198; Lanark, £108; Arbroath, £81; Elgin, £120; Peebles, £90; Crail, £198; Tain, £90; Culross, £81; Banff, £60; Whithorn, £36; Forfar, £36; Rothesay, £54; Nairn, £36; Forres, £54; Rutherglen, £36; North Berwick, £36; Cullen, £27; Lauder, £63; Kilrenny, £18; Lochmaben, £18; Galloway, £9; Dingwall, £18; Queensferry, £81; Dornoch, £27. For the better collecting thereof, the said estates of parliament do allow to the collector of the maintenance and clerk of collection appointed by him the same allowance they had formerly, and likewise to all collector deputes and clerks, one or more in each shire, to be nominated by the committee of war thereof between the [...] day of [...] instant, with such fees as the committees of war in the several shires shall allow, not exceeding the former allowance, which collector deputes shall find sufficient caution to the general collector; wherein if the committees of war shall fail, the general collector after the day aforesaid to appoint his own subcollector in those shires who shall fail to nominate and find surety between now and the aforesaid day, and that the said subcollectors be accountable to the committees of war of their intromission with all public dues to be uplifted by them and how the same are given out and employed, without prejudice of their making account and payment to the general collector of the maintenance due by the shires, the burghs being always free of the aforesaid fees. And the said estates ordain that the letters and charges to follow upon this act for payment of the aforesaid three months' maintenance shall be raised and directed at the instance of the said Sir James Stewart [of Kirkfield and Coltness] against the subcollectors of shires, magistrates of burghs and at the instance of the collectors of shires and magistrates of burghs respectively against the subcollectors of parishes, heritors, feuars, liferenters and others indebted in payment of their several proportions of the three months' maintenance now imposed. And with power to the said Sir James Stewart that if any shire or burgh be deficient in payment of their parts of the aforesaid three months' maintenance, to employ any forces that shall happen to be upon the bounds for the time or in the next neighbouring bounds adjacent thereto for uplifting the said three months' maintenance from the deficient shires, burghs and parishes, which troops are to receive their subsistence from the deficients at the ordinary rates besides the payment of their maintenance; and the said troops or parties shall not be employed to quarter upon the deficients until first there be six days' warning given to the deficients or at the parish kirks where their lands liable for the said maintenance lie. And it is hereby ordained that the committees of war of the several shires shall be aiding and assisting to the said general collector herein for collecting the said three months' maintenance. And lastly, it is ordained that no suspension be granted without consignation, and that all heritors within burghs, pendicles and liberties thereof, shall contribute with them for payment of the maintenance as is contained in the act of 27 February 1645. And the said estates ordain that the lands and teinds shall pay the aforesaid maintenance as they lie locally in shires and burghs, according to the former acts of maintenance. And it is hereby declared that this act is to be without prejudice of the lords of session, according to the former acts of maintenance.
[1649/5/357]*[print] [email] [cite] [preceding] [following]
6 August 1649
The estates of parliament, considering that in regard of the long sitting of the parliament the report of the diligence from the several shires anent the purging of the army cannot be brought in to the committee of estates at the day appointed, therefore they have continued and do continue the diet of the aforesaid report for the shires on this side of the River Tay until 1 October, and on the other side of the River Tay until 15 October; and ordain the commissioners of the several shires respectively to bring their report to the committee of estates between now and the aforesaid days, under the pains contained in the aforesaid act made for purging of the army.
[1649/5/358]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a bond given in to them by John Jaffray, commissary for Aberdeen, granted by the late marquis of Huntly and John [Gordon], lord Gordon, his son, to the hospital of Aberdeen, do ordain the same to stand in force and dispense with the non-production of it in due time, according to the act of parliament.
[1649/5/359]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in by the lairds of Glenorchy and laird of Auchinbreck, showing that where the said estates of parliament in the last session of parliament were pleased to appoint the sum of £100,000 Scots to be paid to them for their subsistence and towards the reparation of their losses for the better preservation of their distressed estates from utter ruin, and that out of the borrowed monies and fines, as the act passed in their favour relating thereto bears. According to which, they have ever since then (by themselves and others in their name) been attending the committee of monies, and have by virtue of warrants direct from them cited various persons for lending of monies, and have bestowed great charges and expenses thereupon, which has altogether as yet proven ineffectual, there being very few who have not formerly lent and [Colonel James Campbell], laird of Lawers being preferred to them for payment of a considerable sum to him out of the first and readiest of the whole borrowed monies, so that if some other more real and effectual course be not taken for their present help and supply, they cannot hope nor effect any recovery of their distressed estates, but the same will undoubtedly perish and go to ruin and they altogether left destitute of subsistence. Therefore humbly supplicating the said estates of parliament to take into their serious consideration their distressed condition and their great sufferings for adhering to the cause and covenant, and, in regard thereof, to take some more real and effectual course for their present payment of the said sum of £100,000, and that the said estates would be pleased to assign to them that half of the borrowed monies which was appointed for the public, and being informed that [George Hay], earl of Kinnoull and [George MacKenzie], earl of Seaforth and various others of their friends have given bond and security for their good behaviour under certain great pains and penalties contained therein, which they have now incurred by contravening the tenor of their bonds, therefore humbly desiring that the said estates of parliament would be pleased to assign to them all fines, penalties and contraventions incurred by the said earls of Kinnoull and Seaforth and their friends, or any of them, and their cautioners and their friends, by contravening the bonds and securities given by them for their good behaviour, and that without prejudice to them of what they may get by borrowed monies and of any other course that shall be proposed for their satisfaction until they be paid of the said sum of £100,000, as the said supplication bears. Which being taken into consideration by the said estates of parliament, they have ordained and ordain the half of the borrowed monies appointed to be paid to the public out of the lists given in by the lairds of Glenorchy and laird of Auchinbreck and approved or to be approved by the parliament or committee of monies shall be paid to the said persons until they be fully satisfied of the sums of money appointed by the parliament, to be paid to them without prejudice of any lists given in by any other person and approved by the committee of monies before 26 March last, who are to have the same benefit of their approved lists. Likewise the said lists, with the approbation thereof by the committee of monies in favour of the said persons, are hereby ratified. And likewise the said estates of parliament have assigned and assign to the said lairds of Glenorchy and laird of Auchinbreck the whole fines, penalties and contraventions incurred by the earls of Kinnoull and Seaforth and their friends, or any of them and their cautioners, by contravening the tenor of the bonds and securities given by them for their good behaviour (the said persons as contraveners and every one of them being found by a sentence of the judge competent and they cited thereto) until they be satisfied of the sums of money appointed to them by the parliament as said is.
[1649/5/360]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in to them by Colonel James Campbell of Lawers, showing that where the said estates did ordain the sum of £40,000 to be paid to him out of the first end of the sum of £98,000 due to him for the two part of his arrears for his bygone service in this kingdom, and for the more speedy payment thereof the said estates of parliament did ordain such persons as were given in in a list to the said estates or should be given in by him hereafter to be borrowed from upon public surety (according to the act made anent borrowing of money) for his payment and satisfaction of the said sum, and now seeing that he has used diligence against several persons contained in his said list, some whereof are already ordained by the committee to lend money, and is going on in all diligence with others and that he has no other way for satisfaction of the said sum, humbly desiring that the said estates of parliament would ordain [Sir James Stewart of Kirkfield and Coltness], commissary-general, and his deputes to make payment to him of the total sums already ordained to be lent, as also of the whole sums which shall be borrowed on public surety from those already contained in any lists or citations or what shall be given in by him for that effect until he be completely paid of the aforesaid sum of £40,000, that his estate may be preserved from ruin, which, as it will be an act of justice to the said estates, so will it the more encourage him and others to continue faithful in the said estates' service, as the said supplication bears. Which being taken into consideration by the said estates, they find the desire thereof just and reasonable, and therefore they have ordained and do ordain the half of the borrowed monies appointed to be paid by the public out of the lists given in by the said laird of Lawers and approved or to be approved by the parliament or a committee of monies be paid to him only until he be completely paid of the sum of £40,000 appointed by the parliament without prejudice of any other list given in by any other person and approved by the committee of monies before 26 March last.
[1649/5/361]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament do remit and recommend to the committee of estates to see the victual to be advanced by Sir William Dick, Sir John Smith and others who have undertaken to provide the same upon their own charges and laid in such places as they shall think fit, and accordingly to give orders for that effect.
[1649/5/362]*[print] [email] [cite] [preceding] [following]
The which day the estates of parliament do remit to the committee of revaluations of the sheriffdoms of Edinburgh Sir Joseph Douglas, Sir John Smith [of Grotehill] and [Robert Dobie], laird of Staniehill, and to the committee for revaluation of the sheriffdom of Lanark Robert Denholm of Westshield.
[1649/5/363]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in by Colonel John Innes, showing that notwithstanding of the assignments granted upon the sheriffdoms of Banff and Moray for £3,800 towards the maintenance of the garrisons, the true trust whereof the said estates were pleased to lay upon him, yet all his diligence for recovering the same has hitherto proven ineffectual in regard the committees of war of the said shires refuse to pay the aforesaid sum, alleging they ought to have retention thereof to make up the quarterings, and that there is an act of parliament for it, whereby the most part of his soldiers have received no pay since 1 July last but have been maintained by him upon some meal bought for them, so that if some speedy course be not taken for the payment of these garrisons it is feared they may miscarry. Therefore the supplicant desires that the condition of these garrisons (being of so much concern) may be taken into consideration and that order be given either to make the assignments granted upon the said shires forthwith effectual (all quarterings being deducted that can be instructed justly resting by any of them under his command) or some other present remedy be thought upon and appointed for their satisfaction, both for the past and future times, as the said supplication bears. Which being taken into consideration by the said estates of parliament, they have ordained and ordain the several heritors and others liable in payment of monthly maintenance within the sheriffdoms of Banff and Moray to pay their maintenance to the said Colonel John Innes according to his assignments, notwithstanding of quarterings whereby their said maintenance may be exhausted; and ordain the committee of war and collectors in the said shires of Banff and Moray to be assisting to the said Colonel John Innes for payment to him according to his assignments as said is.
[1649/5/364]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in to them by Helen Erskine, widow of the late Captain William Bruce in [Colonel James Campbell], laird of Lawers' regiment, showing that whereas after many miseries and sufferings by her said late husband in the said estates' service in Scotland, England and Ireland, it pleased God to suffer him to fall into the hands of Irish rebels, by whom he was killed at the battle of Auldearn, his whole goods, baggage and monies were plundered and taken and a little before their house in Montrose was plundered and all they had taken by the said Irish rebels, so ever since the death of her said late husband she has lived in great misery and poverty, and the same daily increasing enforces her to call to the said estates of parliament for some charitable supply. Therefore humbly supplicating the said estates of parliament, after consideration of the premises, to be pleased to grant her some sum for her present subsistence until such time as course be taken for payment of her said late husband's arrears and common course taken for those whose husbands were killed in the service, as the said supplication bears. Which being taken into consideration by the said estates of parliament, they have ordained and ordain £100 sterling to be paid to the supplicant, and for that effect seriously recommend her to the committee of monies to be paid out of any borrowed monies from such persons as she shall give in a list of or any other way the said committee shall think expedient.
[1649/5/365]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered a supplication given in by Mr Roger Mowat, advocate, showing that by various acts of parliament and by acts of committees the sum of £10,000 and above is found justly resting to him for lent monies and for certain quantities of meal sold by him to the estates for 100 merks the chalder, which sums rest owing to him for various years bygone besides the recompense of his 12 years' service as a procurator of the estates, and besides his extraordinary losses by burnings and otherwise which have been tried, reported and approved. Therefore humbly desiring that seeing he lent his monies and sold his victual to the said estates willingly of his own accord, freely and uncompelled thereto, has faithfully served in his said place according to his abilities and has suffered exceedingly great losses by burnings and otherwise, that the said estates of parliament would take the premises into their serious consideration and let him have some part of the favour that others have received; and that they would be pleased in the meantime to liberate his lands from all the said public dues and burdens in time coming until his said just debts be paid or some speedy course be taken for payment thereof, as the said estates have taken or shall take for the satisfaction of others in the same condition, otherwise his losses and sufferings will become altogether unsupportable to his utter ruin, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, and the said desire found by them to be just and reasonable, they have recommended and recommend the said Mr Roger Mowat to the committee of monies for making payment to him of the aforesaid sum of £10,000 for lent money and for victual sold by him to the public, and likewise for payment to him of the old fees resting owed to him as one of the procurators of estate, and for all which he has never received any payment as yet. And further the said estates of parliament recommend the said Mr Roger Mowat to the committee of war of the shires of Aberdeen and Kincardine, to grant him an allowance of one part of the suspended maintenance of the said shires respectively and proportionally to his burnt and wasted lands lying within the same and to liberate the said lands from payment of the said maintenance.
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The estates of parliament, having heard and considered a supplication given in to them by George Forbes of Allathan, showing that for his affection and adherence to the covenant some enemies thereof, and especially Arthur Forbes of Monzie, an excommunicated person, has taken an assignation to a bond wherein the supplicant was cautioner for [Alexander Forbes], lord Forbes, his chief, and has caused imprison the supplicant by virtue of letters of caption in the tolbooth of Aberdeen, where he has been this long time bygone in great misery and straitness; and the said Arthur Forbes and Marjorie Girrioch, at whose instance the supplicant was put in ward and arrested, being cited and not compearing, and the supplicant's distressed condition being testified to them by some of their own number, 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 have hereby ordained and ordain the provost and bailies of the burgh of Aberdeen to put the said George Forbes of Allathan out of the tolbooth of Aberdeen, the said George giving and consigning in their hands a assignation of his whole goods and gear to be forthcoming for payment of the debts for which he is incarcerated, and obtaining the consent of William Chalmers, writer in Edinburgh, to his said liberation; and, if need be, ordain letters of horning to be directed hereupon for charging the said provost and bailies upon 24 hours to the effect above-specified.
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The estates of parliament, having heard and considered a supplication given in to them by Robert Kerr of Dalcove, showing that where he being bound and obliged to various and sundry persons, his creditors, for making payment to them of certain sums of money indebted by him to them, partly by property of himself and partly as cautioner and for surety for Thomas Kerr of Mersington, the said persons, his creditors aforesaid, have not only for their satisfaction used legal execution against him by comprising his whole lands and estate, but also raised letters of horning and caption for taking and apprehending his person, so that the said supplicant, not daring to come in public and go about his business and affairs for managing the same and procuring payment to his said creditor of the sums of money properly owing by himself and as cautioner aforesaid for which his said lands and estate are comprised as said is, the legal reversion of his estate will expire and he will be altogether ruined and undone. And seeing it is of verity that the said Thomas Kerr of Mersington, for whom he is cautioner, has procured protection from the said estates of parliament to his person for a certain space, and that those persons to whom he is bound for him and for himself have apprised his lands as said is, whereby they are sufficiently secured for payment of their debts indebted to them as said is, and that by reason of the said captions he will never be able to go about his business for redeeming the same out of their hands, so that the same will be totally exhausted and the reversion expire; therefore humbly supplicating the said estates of parliament to take the premises into their consideration and hereby to grant protection to his said person from all captions, acts of warding and other personal execution that can be used against him at the instance of either of his said creditors for such a competent time as the said estates of parliament shall think expedient and convenient for him to give satisfaction to them of the debts justly indebted by him to them for himself or as cautioner aforesaid; and in the meantime to discharge all sheriffs of shires, stewarts of stewartries, provosts and bailies of burghs, messengers of arms and other judges ordinary within this realm of all seizing, apprehending or incarcerating of his person during the time and space of their protection, 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 given and granted and give and grant liberty and protection to the said Robert Kerr of Dalcove's person from all captions, acts of warding and other personal execution that can be used against him at the instance of any of his creditors, and do hereby discharge all sheriffs, stewarts, provost, bailies of regalities and messengers of arms and other judges ordinary within this realm of all seizing, apprehending or incarcerating or troubling his person in any manner of way until 15 September next.
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The which day the estates of parliament, taking into their consideration a former act granted in favour of John Stewart of Coldingham, whereby a messenger of arms was ordained to summon all parties interested to compear before the parliament or committee of estates to hear and see the said John Stewart of Coldingham by their act and decreet put to liberty, or otherwise to show a reasonable cause why the same should not be done; as likewise considering that the act is duly executed by a messenger of arms, therefore they have ordained and do ordain the said John Stewart of Coldingham to be put to liberty out of the tolbooth of the Canongate, he always giving an assignation of all his goods and gear in favour of his creditors in the hands of [Sir Archibald Johnston of Wariston], clerk register, or his deputes, and for this effect, if need be, ordaining letters of horning to be directed against the magistrates of the Canongate or any other judges to set the said John Stewart of Coldingham at liberty upon a charge of 24 hours.
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The estates of parliament, taking into their consideration that when in order to the receiving of the valuations of the kingdom they did appoint a committee to cast up the totals of the rent of every shire, it was their opinion that the mines of Waterhead belonging to Sir James Hope, being the only ones of that nature within the kingdom, ought to be cherished, and therefore that they should still enjoy the exemption granted to them by former acts relating thereto; and that least the sheriffdom of Lanark (within which the same lies) should conceive themselves thereby prejudiced, they did therefore ordain the said committee to deduct a very considerable sum from the total of that shire as for the valuations of the said mines, which deduction was accordingly made and in the maintenance of the said shire thereupon proportionally diminished. And also considering that in their act and frame for the valuers' procedure in the new valuations (wherein are set down and specified all other casualties and casual rents within this kingdom which they find should be valued) there is no mention made of mines or minerals, the same being of purpose and certain knowledge omitted for the reasons aforesaid, and therefore willing that the said Sir James be no further troubled nor molested relating thereto in any time hereafter, the said estates of parliament do hereby ratify and approve all former acts of exemption made or conceived in favour of the said Sir James or his said works and workmen, and of new, for the reasons above-specified, liberate in all time coming them and each of them from all quartering, watching, warding, levies of horse and foot, maintenance, excise and other public burdens or impositions whatsoever imposed or to be imposed of whatsoever denomination in any time hereafter, discharging hereby all committees of war, valuations and others of all stenting, valuing or casting of any proportion upon the said Sir James' said works or workmen for the ends and causes aforesaid and also discharging all officers of soldiers of the army and collectors of whatsoever sort of all quartering upon or troubling or molesting of them for that in their persons, goods or gear in any time hereafter; and hereby revive all acts of parliament, council or other judicatories generally or specially granted or conceived in their favour or in favour of minors or prosecutors of such public works at any time of before, which are herein held as expressed, notwithstanding the same be not inserted, with the which the said estates dispense, and declare that this present act shall never be understood to be comprehended to fall under any general revocation or act of rescission made or to be made in any time hereafter unless the same be revoked or rescinded expressly and the parties cited for that effect.
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The estates of parliament, having heard and considered a supplication given in by James Campbell of Clathick, showing that the supplicant has sustained great losses by the enemies of this kirk and kingdom, which will be above £8,000, whereof he has received nothing, 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 do modify and hereby do modify the sum of £2,000 Scots to be paid to the supplicant for his present subsistence in part payment of his losses, extending to the said sum of £8,000 Scots, which is found by the said committee sufficiently instructed; and ordain the committee of monies to take some effectual and speedy course for payment to him of the said sum out of the first and readiest of any monies borrowed or to be borrowed from any persons upon public surety or any other manner of way that may be done with greater expedition and most effectual for the supplicant's satisfaction.
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The estates of parliament, taking into their consideration how necessary it is that an address be made to his majesty, therefore they do resolve that an address shall be made from the said estates to the king's majesty, and remit to the committee of dispatches to consider the tenor of the letter and instructions and report to the parliament tomorrow, and what is to follow thereupon remit the same to the committee of estates; and ordain the whole members of the committee of estates to be warned upon 15 days' warning whensoever the committee think fit to go about any address to his majesty.
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The estates of parliament, having heard and considered a report of the committee appointed for taking some course for relief of the well-affected officers and soldiers fled out of Ireland, they have remitted and remit to the committee of estates to give order for drawing together the said well-affected soldiers that are fled out of Ireland into companies of foot (not exceeding 500 in all), and to appoint officers over them out of the chief officers that have been in service there and are of known integrity and have adhered constantly to the cause, and for the soldiers that they have a testificate from the honest ministers in Ireland or the said well-affected officers that have come from there; and ordain that the said 500 with their officers be quartered for the first month (which is to begin upon 15 August instant) in the shires and burghs of Wigtown, the stewartry of Kirkcudbright, Ayr, Renfrew, Lanark, Dumbarton, Dumfries, Roxburgh and Peebles; for the second month (which is to begin upon 15 September next) to be quartered in the shires and burghs of Selkirk, Berwick, Haddington, Edinburgh, Linlithgow, Stirling and Clackmannan; and for the third month in the shires and burghs of Fife, Perth, Forfar, Kincardine, Banff, Aberdeen, Elgin and Nairn (which is to begin upon 15 October); and recommend to the commissioners appointed for purging the army in the several shires and to the officers of the army to fill the places of those that shall be purged out with such of the well-affected officers and soldiers that are fled out of Ireland.
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The estates of parliament, taking into their consideration the great losses sustained by various merchants of this kingdom through the capture of their ships by Irish pirates and frigates haunting upon the coasts of this island and elsewhere, to the obstruction of the trade of merchandise and utter ruin of many merchants, and being desirous to provide all due remedy thereto and to prevent the same evils in time coming, to the improvement of the trade and public good of the kingdom, do hereby therefore authorise with full power and commission Captain Robert Hall and [...], captain of the frigate of Greenock, to protect, secure and defend all the merchant ships of the kingdom in the exercising of their lawful trade from the violence and wrongs of the said Irish frigates and pirates and sea robbers whatsoever who shall in any way disturb or pursue the said vessels, and safely to conduct and bring them to their several ports and harbours, and to restore and recover all and whatsoever ships belonging to this kingdom that are or shall be taken or seized upon by any of the said pirates and sea robbers aforesaid. And for this effect, with power to them to resist and oppose and pursue with all manner of hostility all the said Irish pirates and frigates aforesaid and all such who have infested our ships and stopped the trade of this kingdom (as in the year 1641 and 1642) and since then have assisted the rebellion in Ireland, and all others who since then have been in the rebellion with them, to the disturbance of the peace and trade of this kingdom, to take, apprehend, sink and destroy and use them as their enemy and enemies to this kingdom. And it is hereby especially declared that whatsoever ships or vessels the said Captain Robert Hall and [...], captain of the frigate of Greenock, shall happen to take, rescue or recover by virtue of this present commission, the same shall be made use of and disposed upon according to the custom observed in similar cases. And this commission to endure for two months and longer as it pleases the parliament or the committee of estates.
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The estates of parliament [...]†.