No. V. PETITION from Duncan Forbes, Provost of Inverness, in the name of the Inhabitants of that town, to King Charles the First. To the King's most Excellent Majestie, The humble Petition of Duncan Forbes, Provost of Innerness, in the name of the Inhabitants of that your auncient Brugh, Humblie sheweth, THAT it may please your Majestie to reade and consider the Articles and heads following, concerning the Commission graunted of late to the Earl of Murray; whereby in some measure theire greivances, that they thereby are likelie to endure, are touched and sett downe. 1° Firste, in regarde that the Ground of his Commission was for repressinge the insurections of the Clanchattan, who voluntarilie have submitted themselves unto him, and are reduced to obedience to your Majesties lawes, havinge become His Lordships Servauntes and tennents; he should not in reason thereafter to use means, under coulor of the same, to undoe ane civill and auncient Towne, by exactinge somes of money from them, which, if not above, are att leaste equivalent with, the estates of many of them. of 2. There is an A&te of Parliament in An° 1593, providinge that upon the grauntinge any Comission of the like nature, and the insurrection being setled, that then the force of the said Comission, in all points wherein the same might be extended, should cease. 3. It is a spetiall ground of his Comission, for the avoydinge of superfluous charges and paines that your Majestie's subjects might endure by theire repayringe to Judicatories farr distant from theire dwellings, that he shoulde minister Justice with ease to them; where to the contrarie, they are forced to goe from Innernes to Elgin, being 30 myles distant one from another, there being a shire interjected betweene them; wher when beinge come, they have been delayed of the due course of Justice pretended againste them. 4. Such a Comission as hee hath, shoulde onelie be in force against Rebellious people, fireraisers, and such execrable malefactors; and not against a Civill people, subject to your Majesties lawes, payinge theire part of your Majesties taxations, and beinge a free Brugh these many hundred yeares; where himself is both judge and partie, and the Members of his Court meerelie his own Creatures. 5. Some of the Inhabitants of youre said Towne, beinge unwilling in the stormy time of winter to hazard themselves from theire dwellings and from their lawfull trades, to repair to Elgin, were contented, at his earnest intreatie, to come into His Lordship's will, with promise they should incure no further danger then theire particular dittayes had merited; which coulde not (as they did then imagine) be further extended, then for the sellinge to some of the said clan, or their Servaunts (whom att that time they could hardlie discerne in Mercates, where, ordinarilie, there is a confused concourse of people), some smale comodities, as Salte, Soape, and the like; whereupon they simplie, by subscribinge an Acte made by the Earle, confessed themselves to be resettors of the said Clan, and soe are fyned, some in three thousand, some in two thousand marks, and so forth, in somes equivalent if not above theire estates; which Acte and the Decreets given thereupon, togeather with the costs thereof, they humblie desire maye be considered, and they putt in their places as if they had never subscribed such an Acte, soe farr contrarie to equitie and conscience. 6. His Lop hath not Power, by his Commission, to direct his own Precepts for charging of the persons fyned to make payment to him of their fynes, under payne of horninge; nor to give Declarations upon theire Escheates in his owne Courtes, which are merelie your Majesties Royal Prerogatives; and consequentlie he hath proceeded in this against all Equitie and conscience, and against all Civill Order; and therefore in reason his Commission is voide. 7. Laste, they holde it greate extremitie, (though his Suite againste them were righte) to exacte, after soe rigorous and unconscionable a manner, the halfe, if not the greatest part, of a of a poor Man's Estate, where penall Statutes are executed with a greate deale of more lenitie; and moreover they think it noe waye agreeable to true nobilitie to make up his Losses againste the said Clan, by undoinge the poor Inhabitants of an Auntient Brugh; which course, if it be not in time prevented, will be a means of the utter ruyne and desolation thereof in all ages hereafter. But in regarde there can be noe greater Evidence of theire Innocence, then theire earnest desire to submitt themselves to the Censure of any your Majesties Judica tures; It may please your Majestie to reserv the Consideration of the premises to any such of them as your Highnes, in your most princelie Judgm', shall think fitt; And in the mean time to give Order to the said Earle, that he desist from further insistinge in pursuite of the said Subjects, untill that, by that Judicatorie, all differences between them be fully cleered. At the Court att Bagshott, the 16th of August 1626. HIS Majestie, havinge seene this petitione, is graciously pleased, in regarde of the Petitioners alleaged distresses, to reserv the Consideratione of the same, and what can be further alleaged to this purpose by either partie (whome His Majestie is willinge should be indifferentlie heard), to the Commissions for the Greivances; willinge them, after due tryall of the premisses, to determine therein according to Justice and Equity. No. VI. From Mr. Middleton to the Marquis of Argyle. Dated from Knockhall, 14th Jañry. 1646. My verie noble Lord, AMONGST others who have testified y' affection to the publick, I cannot omitt to recommend to your Lordship's consideration the condition of Duncan Forbes, of Culloden; who hes all this tyme past keept out his House, which lyes near to Invernes, for the publick service upon his own expenses, with a considerable number of Men in it; And has bene himself verie active against the Rebells at all occasions; and if his house had beene gayned by the enemy, it would have tended much to the prejudice of the Publick. For this his affection, he hes all his Lands spoiled and waisted by the Rebells, his Corne burnt, and truelie himselfe brought to that extremitie, that unless his loss be taken to considerationn he cannot be able to subsist; whereby not onlie will he be disabled to doe the Publick service in these Parts, but likewise other Gentle men men will be discouraged. This I thought fit to represent to your Lordship, and shall intreat in his behalff that your Lordship will befriend him at the Committees, and by thinking upon some way both how his loss may be repaired, and for his subsistance in the mean tyme, in respect of his fidelity and constancie. Ceasing to trouble your Lordship any more for the present, I rest, My Lord, Your Lordsp's most faithful and most obedient Servant Jo. MIDDLETONE. No. VII. ADDRESS to the Lords, &c. assembled in Parliament. Right Honoble and our much honored Lordes. Dated Invernes, 9th Feb 1649. OUR formar respecte to the Cause of God, testified be our sufferinges for it, and our present posture in the same constant way, we hope, will beare witness of our reall affectiounes and obliged dewtie to the present high Court of Parliament; and to declare the same the more, we cannot bot signifie to your Ll that we heire ast the kingdome is intended to be invadit be forraineirs, so this poor towne is speciallie aimed at. In this, as hitherto we have proovin Loyall, so now, be the grace of God, we sall not be defective. Onlie this we must signifie to your Ll, that, except thair be provycion of Coall, wictuall, and other Furniture, it will be impossible to manteine the place against any enimie. enimie. We appeall the consciences of all knowen our present condition, annent what we wreit; and we hope our Provest, will upon certaine knowlidge, declare the same. We cannot theirfoir bot humblie intreate your Ll with all possible speed to send hither provisioune of Coall, wictuall, and other furniture suitable for such ane place; and we assure your Ll, we sall not be found lacking in what may concerne us for our dewtie, according to our power; for, as we have signified to your Ll befoir, we will rather die then staine that reputatioune which by God's great providence this poore Towne has acqueired. With all humilitie we desire your LI to assent to the other desyres which our Provest, from us, is to represent to your Ll; which humblie awaiting for, we desyre a speciall blissing from heaven on your Lls meiting, and restis Your humble Servands ROBERT CARGIE baillie M. CUTHBERT 2 baillie No. VIII. ACT of the Commission of the General Assembly, made at the West Kirk of Edinburgh. West Kirk, the 13th Day of August 1650. THE Commissione of the Generall Assemblie, considering that there may be just ground of stumbling, from the King's Majestie's refusing to subscrybe and emit the Declaratione offered unto him by the Committee of Estates and Commissioners of the Generall Assemblie concerning his former carriage, and resolutiones for the futur, in reference to the cause of God, and the enemies and friends therof; doeth therfor declaire, that this Kirke and Kindome doe not own nor espouse any malignant pairtie or 9. quarrell quarrell or intrest; but that they fight meerlie upon their former grounds and principles, and in defence of the cause of God and of the Kindome, as they have done these twelf yeires past:-And therfor, as they doe disclame all the sine and guilte of the King and of his house, so they will not owne him nor his intrest, otherwayes then with a subordinatione to God, and so far as he ownes and prosecutes the cause of God, and disclames his and his father's oppositione to the cause of God and to the covenant, and likevise all the enemies thereof; and that they will with convenient speid take into consideration the peapers latlie sent unto them from Oliver Cromwell, and vindicat themselfes from all the falshoods contained ỹrin, especiallie in those thingis whairin the quarrell betwixt us and that pairtie is mis-stated, as if we owned the late King's proceedings, and wer resolved to prosecute and maintaine his psnt Majestie's intrest, befor and without acknowledgement of the sins of his house and former wayes, and satisfactione to God's people in both Kindomes.* A. KER. 13th August 1650. The Committee of Estates, having seen and considered a Declaratione of the Commission of the General Assemblie anent the stating of the quarrell whairon the Armie is to feight, doe approve the same and hartlie concur therin. THO. HENDERSON. No. IX. ORDINANCE from the King's Majestie for John Forbes. CHARLES R. WHEREAS our well beloved John Forbes younger, of Culloden, and Provest of our Burgh of Innernes, hath in obedience of the Acts and Orders issued from us and the Estates of Parliament, and Committee of Estates of this our Kingdome, come to this place for attending us in our Army, with the remanent Noblemen, Gentlemen, and Heretors of this our Kingdome; And understanding that the said John Forbes is intrusted with severall Publick Imployments in our Burgh and Shire of Innernes, and in particular that he is appointed, by the Committee of Parliament for manageing the affairs of our Army, one of the Commissioners for hastening up the mantainance and Meale for our Army from the forsaid Shyre and Burgh; And in regard thereof, and that the most Pairt of the Heretors and Gentlemen of our said Shyre are come forth, and on their march hither for joyning with us in our Army; finding that the said John Forbes his return to and stay in our said Shyre and Burgh, for dischargeing these Publick Imployments, and giving his best assistance to execute the publick orders within the same, will be more necessarie then his attendance upon us in our Army; Therefore it is our Will and pleasure that the said John Forbes returne to his place of residence for the effect aforesaid; and we do hereby discharge all officers of our Armie, or any others haveing Commission from us, and especiallie our verie well beloved the Laird of Innes younger, to requyre the said John Forbes, or our well beloved Duncan Forbes, of Collodin, his father (who is of the age of Seventie zeires and upwards), to come out with the rest of the Heretors and Gentlemen of our said Shyre in the present Expedition, or to trouble them ther anent. Given att our Court att Sterling, the day of May, and of our Reigne the third zeir, 1651. *The Marquis of Argyll aided this meeting; and his participation became one article in his indictment for High Treason. PASS No. X. PASS for Mr. Duncan Forbes, granted by Oliver Cromwell, Dated 17th Sept 1651. THEES are to requyre all Officers & Souldiers under Comand of His Excellency the Lord Gener" Cromwell, nather to trouble, molest, nor to offer any violence or injury to the persone of John Forbes Fiair, of Culloddin; but to suffer and permit him, with his Horses, Armes, and Servantes, fairly to pass and repass our Quarters in and about his lawful affairs, w'out lett or molestation; provyding hee act nothing prejudiciall & against the Comon Wealth of England, or any belonging thereto-Given under my hand at Inverness, the Seventeenth day of September 1651. To all Officers and Souldiers whom this may concerne. R' LILBURNE. No. XI. A PROTECTION from Gen' Monck. WHEREAS Mr. John Forbes, late Provost of Innernesse, desires my protection for himself, familie, & tenants: These are to require you, on sight hereof, to forbeare to prejudice the said John Forbes, or any of his familie or Tenants, either by taking away any of his or their Horses, Sheepe, or other Cattle or Goods whatsoever, or by offering any violence to his person, or the persons of any of his familie or tenants, as you will answer the contrarie; hee or they doing nothinge to the disserveing of the Parliam1. Given under my hand att Dundee, the 13th day of November 1651. To all Officers and Souldiers whom these may concern. No. XII. PETITION of Duncan Forbes, and John Forbes his Son, for a continuance of abatements, on account of their loss at the time of Montrose. To the Right Honorable Colonell Robert Lilburne, Commander in Chief of the Forces in Scotland, The Petition of Duncan Forbes of Cullodin, and John Forbes his Sonne, Humbly sheweth, THAT whereas, upon consideration of the Petitioners' great and grievous sufferings the tyme of Montrose waging in this Nation, who ruined and burned the whole Lands, houses, &c. belonging to the Supplicants, amounting in value to Twentie thousand punds Scots, and upward, the Committee of Estates then sitting, and Parliament, were pleased to exempt the Petitioners from the Payment of Mainteinance, and other Public demands: Whose condition being also sensyne layed to heart by your Ho. |