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Supplication Colonel Gilbert Kerr on behalf of the party in the north
26 June 1649
The humble desire of Colonel Kerr on behalf of the party that was in the north
That since the parliament has been pleased to give the troopers of the party 3,000 merks in gratuity and 1,000 for those of them that are wounded, I humbly desire that your lords would be pleased to order that the aforesaid sums would be made presently effectual for supplying their present necessities, or otherwise that everything that was in the garrisons of Ross which was possessed by the said party may be given to them in place of the said aforesaid sum of 3,000 merks, and that the wounded soldiers may have the other 1,000 presently for defraying of what they are due to their surgeons and their other necessities. Likewise I humbly desire that some effectual course may be taken for paying our troops their last three months' pay, without which they are not able to subsist, it being known that we satisfied our quarters so punctually when we had any thing to do upon, which has so exhausted us that many of them have nothing with which to cover their nakedness, and without which it will be impossible to make them give obedience to your commands in marching to Ross, especially they having come here to provide themselves in necessaries which, without money, they are not able to do. And therefore I humbly desire that your lords would take our condition into your consideration and return to us an answer, which shall oblige to remain what we are, your lords' humble and obedient servants.
Edinburgh, 26 June 1649
The estates of parliament grant the first alternative expressed in the supplication above-written, namely: that either 3,000 merks be paid to the supplicant or that he have retention, according to the desire of the bill, and appoint [Robert Arbuthnott, viscount of] Arbuthnott, [Alexander Brodie], laird of Brodie and Alexander Jaffray to bring in a report anent the most effectual way of paying that gratuity formerly granted to the wounded soldiers above-mentioned, as also concerning the payment of three months' pay to the troops above-specified, as also concerning the gratuity formerly granted to the officers for how it may be made effectual, though this particular be not mentioned in the supplication above-written.
[John Campbell, earl of] Loudoun, chancellor, in the presence of the lords of parliament
[A1649/5/25]*[print] [email] [cite] [preceding] [following]
Edinburgh, 28 June 1649
The committee appointed for giving their opinion concerning Colonel Gilbert Kerr's bill on behalf of the party that was in the north can find no way for giving satisfaction to the wounded soldiers and satisfying the gratuity appointed to the officers except for enabling [Sir James Stewart of Kirkfield and Coltness], commissary-general, to make more effectual payment to them, that the contravention of [George MacKenzie], earl of Seaforth and his friends of their obligations to the estates be declared in parliament and that the commissary-general have a commission and warrant for uplifting the rents, sums of money and goods due to the said earl and his friends; until he be paid of these sums, they are liable to the estates, according to their obligations respectively, and that notwithstanding of any prior assignments or rights granted out of the said fines or contraventions, that the sums due for the officers and allowed to them in gratuity and to the wounded soldiers may be first paid out of whatsoever sums shall be received in of the estates of the said persons, and that these forces would be appointed to assist the commissary-general in uplifting thereof for his more effectual payment, and for enabling the troops to march until they come to their localities that the commissary-general would be earnestly dealt with for advancing one of the three months' pay due to them.
[Robert Arbuthnott, viscount of] Arbuthnott, in the presence of the lords of the committee
29 June 1649
The estates of parliament approve the report, and that it be so done without prejudice of the capitulation made by the general lieutenant.
[John Campbell, earl of] Loudoun, chancellor, in the presence of the lords of parliament
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Order of parliament for any three of six auditors to hear John Semple [of Stainflett's] accounts and report
At Edinburgh, 29 June 1649. The estates having heard and considered a supplication given in by John Semple, late provost of Dumbarton, they have earnestly recommended the said supplication, with the desire of the supplicant contained therein, to the committee appointed for Sir John Smith [of Grotehill's] business, namely: [John Gordon], earl of Sutherland and [Robert Arbuthnott], viscount of Arbuthnott for the noblemen, [Sir James Hope of] Hopetoun and Robert Hepburn of Keith for the barons, Sir James Stewart [of Kirkfield and Coltness] and Mr Robert Barclay for the burghs, or any three of them, and ordain them to meet with all diligence, and, after perusal of his accounts, to report to the parliament. Extracted, John Hay.
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†Anent the act for justices of peace and constables
It is humbly represented to the consideration of the parliament by the commissioner for the stewartry of Kirkcudbright and other commissioners who have given in lists of those desired to be justices of peace in those shires [...] that the act of parliament made in 1617 anent justices of peace and their constables may be renewed, ratified and revived and commissions granted accordingly to the persons contained in the lists produced and to such others as desire the same and shall give in lists of the persons whom they crave to be justices of peace in these several shires and [...] of actions, with warrant to be contained in the commissions to discharge that office and administer justice that will and impose and exact fines from delinquents and do every other thing according to the power mentioned in the act of parliament 1617 and to the ends therein specified.
And in respect that by the act 1617 the justices of peace are thereby appointed to make account to the exchequer of the aforesaid fines and the exchequer to modify and grant fees to the constables for their pains and expenses and for the other charges which will necessarily be given out in the discharge of the aforesaid commissions to be granted to the justices of peace and constables, which has been a means and occasion [...] past to make all the aforesaid act ineffectual and useless heretofore,
It is therefore desired that the parliament would repeal and rescind that part of the act in 1617 anent the making account to the exchequer of the aforesaid fines with the power granted by the act to the exchequer for modifying the fees; and in place thereof ordain the said commissioners who are to be justices of peace to be accountable to the parliament or committee of estates for the fine g[...] that they may have power to give out such necessary charge and [...] out of the said fines as they shall find expedient for advancement of the service.
And because there are some [...] articles of the acts 1617 that necessarily require to be [...] which the parliament [...] thereof [...] lie in this session thereof yet done, it is therefore desired that the [...] whole articles thereof may be seriously recommended to the consideration of the [...] committee of estates, to be rectified by them as they shall find just and necessary for the peace and good of the kingdom. But in the meantime, until the rectifying thereof, that the said justices of peace and commissioners thereof may cite and proceed according to the aforesaid act as it stands in 1617 in the discharge of the offices and thereafter to act and do accordingly as the act shall be rectified.