[A1641/8/72]*[print] [email] [cite] [preceding] [following]
Complaint Erle of Gallowye contra towne of Wigtoun and inhabitants thairof
To the kingis most excellent majestie and to the estaitis of parliament, the complaint of the Erle of Galloway against the towne of Wigtoun and inhabitantis thairof as followis:
First, the said Erle of Galloway, complainer, that the said towne of Wigtoune yeirlie raisis thair measures to the great prejudice of him and his tennentis. And notwithstanding that thay ar chairgit to ressave the prick measure, conforme to the act of parliament, yet thay will mak na use of the samen, nor will give it out to any ether in the countrey, although both the said erle and utheris hes earnestlie desyred the said measure from thame; but keipis ane measure quhilk thay yeirlie raise to the great hurt of his maiesties leidges within that shirreffdome, and to the great hurt of the said erle and his tennentis in particular.
Secundlie, the said towne of Wigtoune sendis some fyve or sex young ydle fellowes in thair towne, quhilk none of thair honest men will take in hand to doe, and of all goodis comeing throw the countrey from Ireland, or any uther guids in the countrie whatsomever as nolt, horsis, sheipe, maill, malt or any uther goods (altho the samen come not neir thair towne bot goeing to Drumfreis, Air, Kirkcudbrycht, Glasgow or uther burghes), the said towne of Wigtowne exactis ane custome aff thame although they be out of the shirrefdome or within it, sic as pleasis thame to exact, to the great oppressioune and lesioun of his majesties subjectis, sua that commerce with ether burghes is mightilie hinderit.
3. The said towne of Wigtoune hes alterit thair customes in thair mercatis and fairis in ane exorbitant measure, to the great hurt and damage of his majesties leidges and in speciall of the said erle, his tennentis and servands who repairis thairto. In sua far as whair thay or any uther have beine ever in use to pay onlie twa schillingis Scottis money for everie horse that came to the mercat of Wigtoun, now they have doubled the said custome and exactis four schillingis. And whair they payit onlie tuelff pennyis Scottis for everie kow that came to the said mercat to be sold, now they ar forcit to pay the double, quhilk is tuppence. And quhair they onlie wer in use to take tuelf pennyis Scottis fra ilk merchand that repairit to the said mercat, now they exact tua schillinges Scotts. And for everie seck of malt, maill or uthair victuall whair they wer in use to pay onlie tuelff pennyis, now they ar forced to pay tua schillingis.
4. The towne of Wigtoune sendis yeirlie some fyve or sex young men of thair towne throw the haill countrey and tackis of everie stallange or brewing hous, and in particular in the said Erle of Galloway his lands, ane merk Scotts money, togither with thair dinner, to the availl of four or fyve merkis at least by and attour the merk of silver, to the great hurt and oppressioune of his majesties poore leidges within that countrey. And they call the samen exactioun be the name of ane deanrie, quhilk is not usit in any uther of this kingdome.
5. In the yeir of God jM vjC and threttie [...] yeiris, Alexander McCullan in Quhithorne, tennent to the said erle, having come to Patrik Ahanna, bailyie of Wigtoun, and shawin him that Robert McKie, burges of Wigtoun, wes addebtit to him certane sowmes of money quhairof he wald make him na payment and thairfoir desyrit the said bailyie to doe him justice, the said Robert McKie, in presence of the said bailyie, ran upon the said Alexander McCullan, and with ane great key whilk was in his hand he feld the said Alexander McCullan to the ground, to the great effusioun of his blood, and gave him many sore and heavie straikis with his feitt and hands sua that he was not abill for ane quarter of yeir thairefter to goe about his effairis. And notwithstanding of the said wrang done be the said Robert McKie to the said Alexander McCullan, in presence of the said bailyie, the said Patrik Ahanna, bailyie, as allowing all the wrang that he had goten done to him becaus he was the said erle his servand, causit putt him in the tolbuith and sufferit the said Robert McKie, who did the wrang, to escaipe.
6. Johne Dumbar, towne clerk of Wigtoun, in the yeir of God jM vjC and threttie [...] yeiris went under clowde of night accompanied with some men and women to the said erle his lands of the Coitland and came to the house of ane Johne McClowie, the said erle his servand thair, and violentlie and maisterfullie tirred the house and being within, brack upe the dore and lett in his associatis, dang and strack the said poore old man maist greivouslie to the great effusioun of his blood, gast his old poore seik wyffe in the middest of her awne fyre and held hir downe till the most pairt of all hir cloathis wer brunt aff hir and hir skin and fleshe pitiefullie brunt and scaldit. And without any ordour of law brought away from thame ane kow, whairof he never made restitutioune as yet, quhilk is manifest rapt and oppressioune, not to be sufferit to escaipe unpunishit, to the terrour of uthers to commit the lyke.
Heirfoir humblie beseikis your lordship to consider upon the foirsaids greivances and oppressiounes, that strick course may be taken for redress thairof and ane way fund whairby the said Erle of Gallowaye and his tennentis and servandis and utheris his maiesties leidges may be fred and secured of the lyke oppressioun in tyme cuming.
[A1641/8/73]*[print] [email] [cite] [preceding] [following]
Supplicatione Erle of Home
To the kingis most excellent majestie and honorabill esteatis of parliament, the humble petitioune of James, erle of Home, Lord Dunglas etc., shewethe whairas by that grievous and lamentable accident quhilk fell out at my hous of Dunglas, as this wholl kingdome in generall and ane great many your majesties subjectis in particular have extraordinarie sufferingis and losses of parentis, freindis and wthairs in whom they had neir interest, to the great greif of all guid peopell who have gottin any notice of the same, so have I most sensible prejudice thairby in my meanes and estait. And seing my prejudice was occasioned by the publict service of the kingdome, for whiche my said hous, plenishing and wthairs belonging thairto was taiken up and whollie imployed, namlie for keiping of wittuallis, ammonitioune, beilletting of souldiers, officers and for judging of pryme commanders as opportunitie offerred, in whiche service my said hous was totallie overthrowin, the plenishing thairof spoyled, yeardis, planting and wyre belonging thairto defeased to my great hurt. Quhairupon I haveing supplicat the committie of estaitis that they meight be pleisit to give warrand to examine my losses and tak course thairanent, they, upon the tuentie sewint day of November 1640, did nominat and ordeane the Lairdis of Swyntoune, Langtoune, Kilspindie, Stevinstoune and Colbrandspethe, or any thrie of them, to be appryissers of my loss and prejudice and to use all meanes for informatioune and tryell thairof, and to mak report of the sam to the said committe of estaitis, to the effect they meight mak report thairof to the parliament, as the commissioune direct thairanent at mair lenthe beires. Lykas conforme thairto the saidis commissioners took cairfull informatioune and tryell of the bussines and wholl particular of my losses swa far as concernes my said hous of Dunglas, yeardes, dykes and planting thairof, and concluded that the reparatioune thairof wold amont to the sowme of fourtie thousand ane hundreth threttie thrie punds money, quhilk report being exhibit befor the said committie of estaitis upon the fourtein day of Julii last, reference was maid thairof to the parliament now conveined. Humblie thairfor I beseik your majestie and this honorabill hous to tak to consideratioune the said commissione and report, and to appoynt suche course for reparatioune or payment of my saidis losses efter consideratioune of the haill particulars mentionat in the report and of the conditioune of my said hous befor the ruine thairof, whiche appryseing cannot bot be fund to be far within the worthe valued, seing it was estimat be sum wark men who war builders of the said hous that the reparatioune of the said hous wold amont to the sowme of ane hundreth and threttie thousand merkis, whiche sowme is the duble and more nor that quiche is conteaned in the commissioners report. And your majestie and estatis answer I humblie crave.
15 Septembris 1641
The Erle of Home producit the commissioun with the report of the valuatioun thairof. The committie thinkis yis supplicatioun and desyre thairof deserves the parliamentis considderatioune, and thairfoir they represent the same thairto.
1 Octob[er] 1641
Red in audience of his majestie and estaittis of parliament, who appointis ane dowble heirof, togidder with the commissioune graunted be the committe of estaittis and report thairof, to be gevin to everie estaite and another to the Erle of Lauderdaill for the Lady Home.
[A1641/8/74]*[print] [email] [cite] [preceding] [following]
Primo Octobris 1641
At the meitting of the committe appointed for drawing up the gift and act of the lord chancellars nominatione and electione to that place, the first pairt of the gift and act is agried, viz: that the gift shall be verballie, conforme to the act of parliament, that his majestie did nominate and make choyse of the Lord Lowdone to be chancellar, with advyse and approbatione of the estaittis, and that the act of the said electione should ordaine ane gift to be graunted. And for the second pairt anent the honnours, priviledgis etc. it was contraverted whidder all priviledgis formerlie bruiked be any chancellar should be graunted or gif the same should be restricted to priviledgis that may now be bruiked be the lawis of this kingdome, and inrespect the commissioners for the barones wer sent for to the kingis majestie, thairfoir the rest of the committe referris this to the parliament.