[1645/7/24/69]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the fourth session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, taking into their consideration the good service done to the public by Gilbert, earl of Erroll and his tutors and his great sufferings for his constant affection to the cause in hand, for which no course has been taken for his reparation and recompense, therefore, for his further encouragement to continue in his former resolutions, they have given power and warrant and by this act give power and warrant to James Cumming, factor to the said earl of Erroll, for his use, to collect, intromit with and gather and receive all debts, sums of money, rents of lands and other goods and gear whatsoever pertaining to the persons after-mentioned, namely: the rents of the lands of Tipperty and the whole rents, estate, ferms and duties of the lands belonging to the laird of Shethin, all which pertain to malignant or forfeited persons who have joined with the Irish rebels and unnatural countrymen in this present rebellion within this kingdom and have been accessory thereto; and they order the aforesaid persons, their chamberlains, tenants, subtenants, cottars, debtors and others whatsoever to readily answer, obey and make thankful payment to the said James Cumming for the use aforesaid of the said earl of all sums of money, debts, rents of lands and other goods and gear whatsoever owed by them to the said persons joined in rebellion or accessory thereto as said is upon his discharge thereof, which the estates of parliament declare to be as sufficient to the receivers for their full exoneration as if the same were granted by the persons, heritors of the said lands, before the committing of the said crimes, the said James Cumming being always accountable to the estates of parliament or their committee for their intromission, for which effect ordain him to give bond and security. With power to him and his aforesaids to hold courts upon the ground of the said lands, create officers of court etc., appoint bailies, evict and put in tenants, call and convene debtors before judges competent and generally to do, use and exercise all and sundry other things whereby the full benefit of the said lands and debts may accrue to the said James Cumming for the use aforesaid as freely and amply as ever the same pertained to the said persons and heritors of the said lands before committing the crime of rebellion aforesaid; and they order letters of horning, poinding, arrestment and all execution necessary to be directed hereupon at the instance of the said James Cumming against the debtors of the sums of money, tenants and possessors of lands for compelling them to readily answer, intend, obey and make payment thereof likewise and as freely as if the said James Cumming's name was inserted in the said bonds or that he was heritor of the said lands. And the estates declare that this present commission is granted for the reparation of the losses sustained from the beginning of these troubles by the said earl of Erroll, and that the same commission shall endure until the parliament or committee of estates shall recall and discharge the same.