[1703/5/33]*[print] [email] [cite] [preceding] [following]
Prayers said. The rolls called.
The patent given by King James VII in favour of Charles [Murray], earl of Dunmore for the title and dignity of an earl etc., was read and ordered to be recorded, whereof the tenor follows:
James, by the grace of God, king of Great Britain, France and Ireland, and defender of the faith, to all his honest men to whom these present letters shall have come, greetings. In as much as we have given our serene and serious attention to the very many great, extraordinary and loyal services done for us and our very dear and most serene brother Charles II of most blessed memory by our most loyal and well-beloved Sir Charles Murray, second legitimate son of our most loyal and well-beloved kinsman and councillor John, marquis of Atholl, lord privy seal of this our more ancient kingdom, as well as the outstanding and pleasing services he fulfilled every day for our very dear wife as master of her horse; and we, calling to mind the most ample loyalty and extraordinary merits of the most noble and ancient families of which he is an immediate descendant, and the heavy expenses and offences inflicted upon those persons accused of adhering steadfastly to the just prerogatives of our crown, therefore for the foresaid, and much else, and highly notable reasons, we have decided, out of our high, august and serene grace to confer upon him and his family a particular and lasting illustrious mark of our royal favour and generosity so that he and his posterity may have the highest incentive to continue in their duty and loyalty towards us and our royal successors, and so that they may be rendered in every way more influential to fulfil the appointments and carry out the provincial offices committed to them in the service of our crown. Know therefore that we have named, made, constituted and created, and by these our letters patent do name, make, constitute and create our said most loyal and well-beloved Sir Charles Murray earl, viscount and free lord of parliament, to be named and called earl of Dunmore, viscount Fincastle and lord Murray of Blair, Moulin and Tullimet in our said kingdom of Scotland. Moreover, we give, grant, and confer upon the foresaid Sir Charles Murray and the male heirs of his body, in perpetuity, the title, dignity, rank and honour of earl, viscount and free lord of parliament as aforesaid with the most abundant power to him and his foresaid heirs to enjoy and take pleasure in the same, with each and every prerogative, precedence, pre-eminence, privilege, liberty and immunity whatsoever relating and pertaining thereto. By these our present letters we ennoble and inaugurate the foresaid Sir Charles Murray and his foresaid heirs. The foresaid Sir Charles Murray and his foresaid heirs are to have, in every respect, the foresaid title, dignity, rank and honour of earl, viscount and free lord of parliament with each and every prerogative, precedence, pre-eminence, privilege, liberty, immunity and anything else pertaining thereto from us and our successors in all parliaments, meetings of the estates, general councils and any other meetings, public or private, of our said kingdom, as fully and freely in every respect and condition as any other earl, viscount or free lord of parliament [who] possessed and enjoyed the same title, dignity, rank and honour, or will be able to possess and enjoy them at any time past, present or future. Moreover, we command the lyon king of arms and the brethren of his court to give and prescribe for the forenamed Sir Charles Murray, (now earl of Dunmore etc.), such additions to his former banner and coat of arms as shall seem to him and them to be appropriate and consonant with observed custom on such an occasion. Finally, we ordain and declare that these our letters patent furnished with our great seal shall be as valid for the foresaid Sir Charles Murray, (now earl of Dunmore etc.), and his foresaid heirs to possess the title, dignity, rank and honour of earl, viscount and free lord of parliament aforesaid, with every privilege and anything else pertaining thereto, as if they had been ennobled and inaugurated with the solemnities and ceremonies used from in ancient times on such an occasion; and we grant ourself and our successors a dispensation therefrom in perpetuity. In witness whereof, we have ordered that our great seal be appended to this patent. At our castle of Windsor, 16 August in the year of our Lord 1686, and in the second year of our reign.
Signed by the hand manual of our supreme lord the king.
Written to the great seal and registered 19 November 1686. Signed, John Graham, depute. Sealed at Edinburgh, 24 November 1686. Signed, Thomas Gordon.
The said earl of Dunmore took the oath of allegiance to her majesty and oath of parliament and subscribed the allegiance and assurance.
[1703/5/34]*[print] [email] [cite] [preceding] [following]
The minutes of the last sederunt read.
Ordered that the action upon the protestation for remedy at law taken by [Thomas Fotheringham], laird of Powrie against [Patrick Gray], lord Gray be heard first of private business.
Moved that Sir George Suttie [of Balgown] might adminiculate his commission by proving that [William Hepburn], laird of Beinstoun truly voted for him at his election, notwithstanding of what is contained in the last minutes relating to that objection, whereupon he was allowed a diligence for adducing his witnesses to that effect before the first sitting of parliament next week.
[1703/5/35]*[print] [email] [cite] [preceding] [following]
The petition for [William Ross], lord Ross anent the altering of the common road about his house in the country in favour of his parking and policy, was read and granted, and a new way appointed to be made at sight of the commissioners of supply for that shire in manner following:
Her majesty's high commissioner and the estates of parliament, having heard the petition of William, lord Ross, humbly showing to them that there being several acts of parliament ordaining every heritor, liferenter and wadsetter within the kingdom to park, ditch and enclose ground and to plant the same about with trees, in obedience to which acts of parliament and for encouragement of others to do the like, the petitioner has imparked, diked, ditched and hedged a considerable piece of ground in and about his house of Hawkhead. And albeit there be but seven or eight common tenants' families that were in use to go that way, yet, since the building and planting of the petitioner's parks, several others take occasion to do the like and to go through the very close of the petitioner's house of Hawkhead to the utter ruin and destruction of his parks, planting and policy, and it being impossible to preserve the dikes, hedges and planting without the road and way leading through the petitioner's parks and outer-close of his house of Hawkhead being changed and turned about the park dikes, where the lieges, who shall have occasion to travel that way, will have as near and commodious a way to kirk and market as they formerly had the other way, and seeing that by the turning of the said way about the parks the petitioner's planting may be preserved, and that the parliament has formerly granted an act of the same tenor and nature in favour of [Charles Hope], laird of Hopetoun and, therefore, craving his grace and the estates of parliament to grant an act in the petitioner's favour allowing him to stop the former way that leads through his parks and close, and to ordain the lieges that have occasion to travel that way to go about the petitioner's parks, that thereby his planting and policy may not be damnified nor prejudiced, as the said petition bears. Which petition her majesty's high commissioner and the estates of parliament having this day considered, they allowed and hereby allow the said petitioner to stop the former way through his parks and close, and have ordained and hereby ordain the lieges that have occasion to travel that way to go about the petitioner's parks by the way to be appointed in manner after-mentioned, that thereby his planting and policy may not be damnified nor prejudiced, and ordained and hereby ordain the said new way about the said parks to be made at the sight of the commissioners of the supply for the shire of Renfrew. Extract.
[1703/5/36]*[print] [email] [cite] [preceding] [following]
A petition for Adam Cockburn of Ormiston, late treasurer depute, craving that his grace and the estates of parliament may lay down such rules for enquiring into the management of the funds imposed by acts of parliament as he may hope to see these accounts discharged in his own time, read and ordered to lie upon the table.
[1703/5/37]*[print] [email] [cite] [preceding] [following]
A motion made by [John Murray], marquis of Atholl, lord privy seal, that the accounts of all funds given by parliament during the last reign and how the same were applied be laid before the parliament or any committee or commission thereof to examine and report, was agreed to and ordered to be inserted in the minutes.
A representation for Sir George Suttie [of Balgown] relating to the vote of Home of Gamelshiel was read and rejected.
[1703/5/38]*[print] [email] [cite] [preceding] [following]
A warrant granted for citing the creditors of Major Alexander Stevenson in order to his obtaining a protection.
The like warrant granted in favour of Robert Hamilton, eldest son to William Hamilton of Wishaw, and Captain Alexander Cockburn, second son to Sir Archibald Cockburn of Langton.
[1703/5/39]*[print] [email] [cite] [preceding] [following]
The consideration of the elections yet in controversy for the shire of Berwick resumed, but afterwards at the desire of the parties continued until the next sitting of parliament.
The consideration of the controverted elections between Sir Alexander Home of Castlemains, [John Crawford], laird of Kilbirnie and Sir William Cunningham of Cunninghamhead for the shire of Ayr was resumed, and the objection against Reid of Merkland that he was not qualified to vote in the terms of the act 1681 was sustained in regard there was nothing produced to instruct his freehold. The objection against Dr Dickson that he was husband to a liferenter and not to an heiress was insisted in and, after reasoning, the vote was stated sustain the objection or not and carried sustain. The objection against Cathcart of Gainoch was rejected. The objection against [John] Mitchell of Daldilling that he had not subscribed the assurance was sustained and the objection against MacGowan of Nether Sinrestoun was rejected that, he having removed after he was qualified, he returned not to give his vote until the plurality was declared. Then the objection against [Sir David] Cunningham of Robertland founded on his having a protection was sustained. And thereupon Kilbirnie, being found to have the plurality of legal votes, was preferred and admitted and took the oath of allegiance and oath of parliament and subscribed the allegiance and assurance.
[1703/5/40]*[print] [email] [cite] [preceding] [following]
The consideration of the controverted elections between [William Cochrane], laird of Kilmaronock and [Sir Humphrey Colquhoun of] Luss on the one part, and Mr James Campbell of Portkill and George Napier of Kilmahew on the other, was resumed and the objection against Kilmahew, that he is not apparent heir by virtue of his predecessor's infeftment but by virtue of a bond of tailzie whereon no infeftment followed and his grandmother in possession, was sustained; the objection against [Robert] Campbell of Carrick, younger and James Grant of Pluscarden, that the first was not present and the last not infeft, were sustained; the objection against [...] Campbell of Rachan, that he was neither infeft himself nor apparent heir to any who was infeft, was sustained in regard there was no sufficient production made for instructing his predecessor's right in the terms of law; and the objection against Gartshore of that ilk, that he was only apparent heir and not in possession as such but administrator to his son having right by a disposition from the grandfather who had been infeft, was rejected as not instructed. And thereupon the lairds of Kilmaronock and Luss were admitted as duly elected and took the oath of allegiance and oath of parliament and subscribed the allegiance and assurance.
The lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until Wednesday next at 10 o'clock.