[1646/11/572]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report and opinion of the committee for bills and supplications concerning the supplication of the distressed burgesses and inhabitants of the burgh of Banff for reparation of their losses, extending to 51,700 merks, and for their other desires and losses mentioned in the said supplication, and herewith also taking into their consideration the overtures represented to the parliament by Gilbert Moir, commissioner for the burgh of Banff, towards their satisfaction in some part concerning their losses and other desires respectively of their supplication, the said estates of parliament modify and allow the sum of 10,000 merks Scots to be given to the said Gilbert Moir for the use of the burgh of Banff towards the reparation and in part payment to him and the other distressed burgesses and inhabitants of the said burgh of their said losses and for their present subsistence. And for this effect the said estates do hereby assign and convey to the said Gilbert Moir, for himself and for the use aforesaid, all and sundry the fines, forfeitures and pains of contravention for contravening good behaviour respectively of the persons after-named, namely: James Gordon of Letterfourie, Thomas Gordon of Clashterim, John Gordon of Littlemill, [...] Gordon, elder and younger, of Newcoundaw, [...] Gordon of Cormalet, [...] Gordon of Overhall, John Gordon of Blelack, Robert Gordon, bailie of Enzie, [...] Gordon, his three sons, John Spence, herald, Jerome Spence, his son, Mr James Kennedy, sometime writer in Edinburgh, Alexander and [...] Anderson, sister sons to Letterfourie, [...] Anderson, commissary-general to the late [George Gordon], marquis of Huntly, James Gordon of Kirkinburn, John Gordon of Gallachie, William Gordon of Crakullie, Mr William Gordon, advocate, John Gordon of Fechil, [...] Gordon of Oxbill, Alexander Innes of Davidston, Alexander Gordon of Muhorthies, Alexander Gordon of Mureaik, George Gordon of Auchanachie, Alexander Anderson in Dinmuie, John Gordon of Avachie and Thomas Stewart of Drimenie, together also with the benefit of the forfeiture of any of the persons above-named, if any forfeiture shall be sought and obtained against them, without prejudice always of the former assignments of the said fines, contraventions or forfeitures of the persons above-named, if any assignments be formerly granted thereof as by law. And that this present assignment may be useful to the end for which the same is granted, the estates of parliament ordain Adam Watt, writer and clerk to the committee in the north, to give up and deliver to the said Gilbert Moir all such bonds as he has in his power and custody which are granted by the persons above-named or any of them for their good behaviour under the pain and sums respectively contained in the said bonds, upon the said Gilbert's ticket of receipt thereof, that he may make use of the same for himself and the other distressed burgesses and inhabitants of the burgh of Banff for getting payment of the sums and pains of contravention mentioned therein, to the use and for the effect aforesaid. And also the estates grant hereby precept and warrant to messengers of arms to warn and cite the particular persons above-designed to compear before the committee of estates at such days and diets as the said Gilbert Moir shall design and appoint under his hand to the said messengers of arms, to hear and see the aforenamed persons censured, fined and sentenced for their compliance with the rebels and enemies of the kingdom, according to the rules contained in the act of classes at St Andrews; as also for contravening the bonds given by them for their good behaviour and thereby incurring the sums and pains of contravention specified therein. And the estates ordain the fines, pains of contravention and sums respectively that shall be determined or imposed upon the persons above-named to be determined by the committee to be paid to the said Gilbert Moir to the effect above-specified, and ordain him to do diligence thereupon for collecting thereof from the persons against whom the same shall be determined, and to apply the said sums for payment of the aforesaid 10,000 merks Scots allowed to him and the other distressed burgesses and inhabitants of the burgh of Banff for their subsistence and towards the reparation of their losses, and to be accountable to the public for the surplus of the aforesaid fines and contraventions more than pays the said 10,000 merks above-specified. And the estates puts it in the supplicant's option either to cite the aforesaid persons before the committee of estates or before the parliament again at the next meeting thereof as may be most useful for him. And also the said estates of parliament, taking into their consideration that part of the desire of the said supplication and report of the committee relating thereto concerning the bond of 600 merks given by the town of Banff to Colonel George Forbes of Mylnebowie for the price of certain clothes and arms promised by the town to 22 soldiers put out by them to the said colonel's regiment in August 1646, which regiment was dismissed within a few days after the granting of the said bond and the said soldiers returned back to their habitations, the said estates find and declare the aforesaid bond to be void and null and do hereby discharge the same with all execution that has or may follow thereupon, and declare the supplicants free thereof and of all payment of the aforesaid sum and whole obligations contained therein.