[1649/1/296]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune the great and extraordinarie losses sustenit be the inhabitantis of the burghis of Banff and Culane and the hard conditioune they were in in the monethis of October, November and December 1648 and Januar last 1649, which losses hath bene occasioned ather by the commoune enemies of the kingdome or by our owne forces, and that it is necessar and requisite the saidis losses be tryed, that reparatioune be maid therof to the perties, suffereris, and for the better clearing of the way of tryall, have fund that the pertie greived or compleaning may prove be sufficient witnesses that he had in his possessioune such guidis and geir as he condiscendis upone in his complaint, and that the enemie comeing ther they were taken away and destroyed by the enemie, alsweell these on the ground as these in the houses, and never seene therefter in these places; and for the insicht and houshold plenishing and for whatsomever uther guidis were in the compleineris houses, that the servandis of the complainers be examined upone ther oathes as witnesses theranent as ane adminicle of the probatioune; and, in supplement of all probatioune, the pertie, compleineris, to give ther oathes, that to their best knowledge all these guidis and geir were taken away and destroyed be the enemie, alsweill those on the ground as these in the houses; and this maner of probatioune be extended lykwayes to those guidis and losses of schippis takin be sea, which sall be entered be the perties, owneris or utheris haveing power to give up entries of schippis and guidis useing the way and maner of probatioune befoir prescryved as accordis. Thairfore the saidis estates of parliament hes given and granted full power, warrand and commissioune to Andrew Meldrum of Iden, Alexander Urquhart of Dunlugus, Sir Alexander Abercrombie of Birkinboig, younger, Williame Dalgarno of that ilk, [...] Forbes of Byth and Patrik Meldrum of Auchnot, or ony foure of thame as ane quorum, to take and receave the tryall and probatioune of† the saidis perties and ther tennentis, their great and griveous losses sustenit by thame in maner forsaid; with power to the saidis commissiouneris or their quorum to choyse ane clerk and utheris officeris and memberis of courte neidfull and tak ther oathes de fideli administratione, direct preceptis for citatioune of witnesses and utheris perties interest and concerned in the bussines, and that they take the oathes of witnesses and perties to be admitted be thame in maner forsaid, and to doe everie uther thing for trying of the saidis perties losses, the causes therof, and the perties be whome the samyne wes committed. Reservand the ordor abonespeit, with reservatioune alwayes of the modificatioun to the judges of what sall not be legallie proven be wreate or witnesses notwithstanding the perties, committeris of the wrongis, are not cited therto. And ordaines lykwayes the cariage and deserveingis of the perties, suffereris, to be tryet and that the premises be reported to the parliament or committee of estaites or uther committees to be appoynted for that effect, that they may take such course theranent as accordis, and caus registrat the samyne in the registere appoyntit for that effect. And ordaines reporte therof to be maid to the parliament or committee therof betuixt and the first day of August nixtocome notwithstanding of any former act.