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Petition by James, earl of Mortoun anent his right to the Isles of Orkney and Zetland read, and a draught of a deliverance recommending the earl's case to her majestie read, voted and approven and is as follows.
The estates of parliament, haveing heard a petition for James, earl of Mortoun, humbly shewing unto his grace her majesties' high commissioner and the said estates that since the year jM vjC and sixty nine the petitioner and his predecessors have been continual complainers of the great hardship they then suffered and still lay under by a decreet of reduction in absence pronounced against them by the lords of session of their right to the islands of Orkney and Zetland, and the confirmation thereof in parliament, with the annexation of the said islands to the crown, nor is there any thing more griveous in this hardship they lay under than that their most earnest desire hath constantly been to have a full and free hearing in parliament, which, tho never positively refused, yet hath been hitherto delayed by unaccountable accidents to the petitioner's great vexation, loss and expences. In the parliament jM vjC and ninety three the petitioner presented a full petition for remedy and redress, and on the fifteenth of June the said year got a deliverance recommending his case to their then majesties' with the hardships and stretches he and his predecessors had suffered and for allowing him, notwithstanding of the said decreet of session and act of parliament against him, to prosecute a reduction of the said decreet; but all the effect of this deliverance was recommendations to the thesaury for some favor as an intrem. In the last session of this present parliament the petitioner again applyed more fully to have his cause heard and discust, and had a day appointed for his hearing, but the parliament, being taken up with a throng of weighty matters, the petitioner choised to sist any furder process till the next session of parliament, hopeing that in the mean time the commissioner's grace would keep his majestie mindfull of his good intentions and that the parliament would also continue their good inclinations signified by their deliverance jM vjC and ninety three that so all impediments might be removed that might hinder the petitioner's cause to come to a final decision. And upon this the petitioner gave in his declaration, which on the first of February, jM vijC and one years was read in parliament and ordered to be marked in the minuts of process, where it stands marked accordingly. By all which, and especially by the foresaid petitions here related to, his grace and their lordships might perceive the griveous hardships that have still increased upon the petitioner by the delayes he hath suffered and what great reason he has to beseech and obtest this honourable court of parliament that he may once have a full hearing and discussion of his cause, and if not possible that he may at least have such a deliverance from his grace and their lordships as may both recommend the petitioner to her majestie for a provisional relief and likewayes bring his cause to a full decision with the first opportunity, either before the lords of session, with a parliamentary power, or before the parliament as his grace and their lordships should think meet, as the said petition bears. And the said estates of parliament, haveing also considered the petitioner's case as represented in the abovewritten petition, together with the petitioner's early and zealous appearance for the late King William of blessed memory, and his dutiful and constant adherence to him dureing his whole reigne, with his renewed alleadgeance, duty and zeal for her majestie, have, according to a former reference made by this parliament in the year jM vjC and ninety three in favors of the petitioner, humbly and earnestly recommended and do hereby humbly and earnestly recommend the petitioner's case to her majestie to the effect her majestie may consider the hardships the petitioner and his predecessors have suffered by the above-mentioned decreet and act of parliament and what hath ensued thereon, and which hardships do still continue and increase upon him; and that her majestie may allow the petitioner, notwithstanding thereof, to prosecute a reduction of the forsaid decreet with all that hath followed thereupon, and in the mean time they have farder recommended and do hereby farder recommend the petitioner to her majesties' care to be provided for as her majestie in her royal wisdom and bounty shall think fit untill the foresaid cause be finally discussed, and do hereby recommend to the secretaries of state to offer this with the said former recommendation to her majestie with their first convenience.