[1648/3/223]*[print] [email] [cite] [preceding] [following]
The whilk day James, erle of Home, Alexander, lord Halkertoune, Sir Andro Fletcher of Innerpeffer, Sir James Lokhart of Lea and Sir Alexander Wedderburne, judges constitute be the parliament for determineing the mater concerneing the clerkschip of the excyse contravertit betuixt Sir Alexander Gibsone of Durie, clerk register, and James Campbell, produced the decreit given and subscribed be thame theranent and desyred the samyne to be insert and registrat in the buiks of parliament, and to have the strenth and authoritie of ane decreit of parliament interponit therto, whilk the parliament fand reassonable and admitted, quherof the tennor followes: At Edinburgh, the tent day of Junii 1648. Forasmuch as the estates of parliament be thair commissioune of the 8 of Junii instant have given power to the erle of Home, the Lord Halkertoune, Sir Andro Fletcher of Innerpeffer, Sir James Lokhart of Lea, Sir Alexander Wedderburne and Archbald Sydserff to heare and determine the differences betuixt Sir Alexander Gibsone of Durie and James Campbell, wryttar, anent the right acclamed be ather of thame to the clerkschip of excyse, giftis granted therof and objectiounes maid against the same and anser in fortificatioune of the saidis giftis, and hes maid thame or ony foure of thame judges in that pairt, declareing the decreit to be given be thame to be als valide as if the samyne were given be the parliament, as in the said commissioun at mair lenth is contenit; and the persones named to be commissioneris afoirsaid (at leist a quorum therof) haveing mett and accepted the said commissioune upone thame and haveing given ther oathes de fideli administratione, and haveing called and heard the said lord registere and James Campbell upone this bussines, and haveing also seene a deputatioune granted be the lord register to the said James Campbell of the last of Julii 1644 nominating the said James to be clerk to the excyse and to the commission then appoynted theranent, and giveing to him the said place for all the dayes of his lyfetyme (at leist during the tyme of that commissioune and the endureance of the said excyse), and haveing seene another deputatioun of the sixt of Februar 1646 ratifieing the former, and since a new commissioune wes given for fynes, moneyis and excyse all in one and for clearing the said James, his chairge in that commissioune, of new nominating the said James to be clerk to the excyse dureing his lyfetyme, and haveing considdered what was contenit in thair commissioune, and at lenth heard both perties on the haill bussines and being weell advysed therin, the saidis commissioneris doe find and declaire that the twa deputatiounes afoirsaid given be the lord register to the said James Campbell to be clerk to the excyse and either of thame to be now voyd and null notwithstanding of any clauses contenit therin, and that the place of the clerkschip of excyse is vaiccand in the lord registeris hands and that he hes right to nominat and depute whome he pleaseth therunto, and dischairge the said James Campbell to presume to medle any more therwith, and that the commissioneris of excyse ressave and admitt to be clerk to the commissioune of excyse any persone or persones to be of new named and presented therto be the lord registere, and ordaines the saids twa deputatiounes to be keept in retentis untill they give farder ordor theranent. And that this, ther decreit and sentence, be registrat in the buiks of parliament and have the strenth and authoritie of ane decreit of parliament, conforme to the power and commissioune given to thame theranent.