On the forty first day of parliament
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Prayers said, rolls called.
The estates of parliament etc., having heard the petition of the town of Edinburgh desiring, in respect of their great and unsupportable burdens, that the act of the late committee of estates for an imposition upon wine, strong liquors and tobacco might be ratified, together with the report of the committee of bills relating thereto; and having taken into consideration the vast sums of money expended and employed by the good town of Edinburgh for the use of the public toward the advancement of the public cause, the huge expense they have been at in building the edifice of the parliament house and in building and repairing their kirks and college and upon other pious and public works, and the great losses they have sustained by the stop and decay of trade by sea in these public distractions and by burning and by the Lord's visitation on them by pestilence, therefore, for their better encouragement to continue their best affection and assistance in the work of reformation and public cause wherein they have been so eminently instrumental and exemplary to the best in the kingdom, after serious consideration of the premises and of the said petition of the good town and report made relating thereto, the said estates (out of the great respect and sense they have of their singular deservings and of the great burden of debt they lie under, which, when occasion shall offer, they will take into further consideration) do hereby ratify and approve the said act of the committee of estates of 27 October last, and the gift and grant to the council and community of the said burgh of an imposition of 8d upon every pint of French wine and 16d upon every pint of Spanish wine and other strong liquors and of 4s upon every pound of tobacco vented and sold within the said burgh, liberties and territories thereof mentioned therein. Likewise the said estates of parliament do hereby give and grant to the provost, bailies, council and common good of the said burgh the sum of 8d Scots money upon every pint of French wine and 16d upon every pint of Spanish wine, aquavitae, Rhenish wine, strong waters and other strong liquors, and 4s Scots money upon each pound weight of tobacco that shall happen to be vented and sold in all time coming within the said burgh of Edinburgh and liberties thereof and within the towns, villages, lands and territories belonging to the said good town or held of them lying within the parishes of South and North Leith, St Cuthberts and Canongate, without prejudice always of the excise of his majesty's impost; which imposition hereby granted, the said estates give full power and liberty to the said provost, bailies, council and their collectors and others having power from them to uplift and receive from 1 November last and in all time coming from the vintners of the said wine, waters and liquors and the venters and sellers of tobacco according to the proportion of 8d, 16d and 4s for the said wine, liquor and tobacco respectively, and do hereby ordain the aforesaid persons subject in payment to give up inventory of the said commodities respectively to the said provost, bailies and council and others having power from them, and to pay the aforesaid imposition monthly or quarterly as the said town council shall appoint, with certification and under the same pains now standing imposed upon those upgivers and payers of the said excise who make late payment, which are held as herein expressed. With power also to the said provost, bailies and council and their aforesaids to call and pursue thereof, commanding hereby the lords of session to grant letters of horning, poinding and other executorials necessary; and the horning upon a simple charge of six days only, with this declaration always: In regard there are various great sums of money owing by the public to the good town and which for the present cannot be conveniently satisfied, that until some effectual course be taken for full payment and satisfaction of the great sums resting to the said town, their college and hospital, the aforesaid imposition is and shall be accepted by the good town for the sum of 10,000 merks yearly in part payment of those great sums of principal and annualrents resting owed by the public to them, providing always the good town support in the college of Edinburgh three able and qualified expectants of good spirit and pious conversation and such as are admitted to the public exercise of the ministry, who shall fit and enable themselves by their study in the said college for the holy calling of the ministry and preach in the pulpits of Edinburgh as they shall be required by the magistrates or ministers of Edinburgh, allowing hereby to every one of the said expectants for their maintenance the sum of 800 merks yearly, the said three expectants being always named and chosen by the council of the said burgh and ministers thereof jointly, to whom it is seriously recommended to make choice of the ablest and rarest spirits and endowments for the said employment that can be had. And this present gift and imposition aforesaid is affected with the burden of the said allowance for supporting three expectants in manner aforesaid until the same maintenance for three expectants be obtained and provided by some other way. And it is further declared, in respect of the great deservings of the good town and the great burdens they lie under, that when the public shall happen to pay the great sums of money resting to them by any other way, yet the same imposition upon their wine, strong liquors and tobacco shall remain notwithstanding thereof with the said good town as a part of the patrimony and common good thereof in all time thereafter, and is hereby given granted and secured to them for ever.
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The estates of parliament etc. nominate and appoint the lairds [John Hepburn of] Waughton and [John Cockburn of] Ormiston, the lairds [Patrick Inglis of] Elvingston and [James Hepburn of] Bearford, [John Hepburn], laird of Craig, [Robert Hepburn], laird of Keith, Mr John Butler of Blance, Thomas Turnbull of Skedsbush and Mr John Pringle of Woodhead, persons given in and condescended upon by the lairds of Ormiston and Keith, commissioners for the sheriffdom of East Lothian, for revaluation and rectifying the valuation of the said shire, both of casual and constant rent, to be a committee for that effect; to whom, or any five of them as the quorum, the estates of parliament by this act grant power to revalue and rectify the valuation of the whole sheriffdom of East Lothian and to make the same equal and proportional for all according to the rent and duty, both constant and casual, for which maintenance has been, is or shall be paid, to the effect that none may be undervalued or overvalued in the said shire, but that every one may bear burden and pay the maintenance and other public dues in an equal and proportional way. And the estates of parliament declare that the aforesaid revaluation or rectifying of the former valuation shall be always without prejudice and diminution to the public anent the quantity and payment of the monthly maintenance and other public dues of that shire, with power to them to choose their own clerk and other officers and members of court and to appoint such times and places of meeting as they shall think fitting. And ordain letters of horning to be directed at the instance of any of the heritors of the said shire, who shall crave the same against the said commissioners on six days' charge only.
Angus: the same commission to Patrick [Maule], earl of Panmure, George [Maule], lord Brechin, Robert [Arbuthnott], viscount of Arbuthnott, John Lindsay of Edzell, George Symmer of Balzeordie, [...] Arbuthnott, elder and younger, of Findowrie, Peter Young of Seaton, George Symmer of Brathinch, John Skinner in Brechin, James Guthrie of Pitforthie, David Soutar of Wardmilne, Mr John Pilmour in Garmishe, Robert Arbuthnott, younger, of Arbikie, David Alexander of Rensbie, [...] Alexander, his brother, James [Elphinstone], lord Coupar, the lairds [Frederick Lyon of] Brigton, [Peter Lyon, fiar of] Cossans and [Crichton of] Ruthven, John Ogilvie of Balfour, Alexander Arbuthnott of Blackstone, Patrick Anderson of Burnemouth, James Guthrie, servant to [Patrick Lyon], earl of Kinghorn, Mr George Haliburton, bailie of Dundee, [...] Scott in Forfar, Alexander Futhie in Arbroath, John Irons, elder, of Baldovie, Alexander Ogilvie of Sheilhill, Andrew Gray in Montrose, William Durham, elder, of Grange, David Ogilvie, younger, of Persie, Andrew Lyle in Delgatie, Alexander Carnegie of Cookston, Patrick Murray in Carden, John Scrimgeour of Kirkton, or any seven of them a quorum for revaluation of the shire of Angus.
Aberdeen: the same commission for John Forbes of Aslowan, John Kennedy of Kermuckes, [...] Dalgarno of Gairnieston, John Gardyne in Craigston, John Forbes of Largie, Mr Robert Martin, James Cumming at the mill of Cruden, the tutor of Pitsligo, Thomas Forbes of Waterton, Walter Grant of Mellers, Gilbert Skene of Dyce, John Forbes, elder, of Leslie, Alexander Morrison of Bognie, [Sir William Forbes], laird of Monymusk, Alexander Keith of Midbeltie, Arthur Forbes of Invernochtie, Francis Fraser of Kinmundy, [...] Strachan, elder, of Glenkindie, Alexander Erskine of Rothney, James Ogilvie of Westhall, [...] Seaton of Meldrum, Thomas Forbes of Aquhythie, Thomas Johnston of Craig, [...] Forbes of Corsindae, Mr Alexander Douglas of Drumdollo, Knoquharn, William Garrie of Tilliquhaetlie, Auchintoul, Whitehaugh, William Forbes, younger, of Leslie, or any five of them a quorum for revaluation of the shire of Aberdeen.
Roxburgh: the same commission to Sir Thomas Kerr of Cavers, Archibald Douglas, fiar of Cavers, Robert Pringle of Stichill, Sir Andrew Kerr of Greenhead, [William Kerr], laird of Newton, Gideon Wauchope and Robert Scott of Braidhaugh, for revaluation of the sheriffdom of Roxburgh.
Perth: the same commission to Mr David Kinloch of Aberbrothie, Sir George Preston of Valleyfield, [James Stirling], baron of Auchyle, elder, [Sir Andrew Rollock], laird of Duncrub, elder, John Campbell of Aberlednock, John Oliphant of Bachilton, Mr Harry Stewart, Alexander Menzies of Comrie, the lairds [James Blair of] Ardblair, elder, [Peter Hay of] Leys, elder, and [Patrick Gray of] Inchture, elder, [John Moncreiffe], laird of Easter Moncreiffe, or any five of them a quorum for revaluation of the sheriffdom of Perth.
Stirling: the same commission to [Alexander Elphinstone], lord Elphinstone, Sir Charles Erskine [of Alva, Bandeath and Cambuskenneth], [Harry] Elphinstone of Carsie, Mr John Rollock, commissary of Dunblane, Kincaid of that ilk, [...] Kincaid of Auchinreoch, James Stirling of Baldernock, the lairds [George Buchanan of] Buchanan, [Lennox of] Branshogle, John Buchanan of Rosse, James Leckie of Mey, Thomas Bruce [of Weltoun], provost of Stirling, Captain John Short, the lairds of Boquhan and Leckie, Sir William Bruce of Stenhouse, Archibald Edmonston, Edward Buchanan of Spittal, the lairds [Sir Robert Elphinstone of] Quarrel, Powfoulis, [Bruce of] Auchinbowie, Duncan Nerin and Robert Rollock, or any [...] of them for revaluation of the shire of Stirling.
Berwick: the same commission to the lairds [David Home of] Wedderburn, elder and younger, [John Swinton of] Swinton, elder and younger, [Sir John Home of] Blackadder, [Sir Alexander Belsches of] Tofts, Netherlie, younger, William Home of Law and John Kerr of Mersington, or any five of them a quorum for revaluation of the sheriffdom of Berwick.
Clackmannan: the same commission to Arthur Erskine of Scotscraig, Sir James Rollock, Sir Charles Erskine, Mr Robert Bruce of Kennet, Thomas Rollock, sheriff depute, Mr William Blackburn, John Brown in Frierton, Thomas Anderson in Alloway, Archibald Dun there and Robert Couston, or any five of them a quorum for revaluation of the shire of Clackmannan.
Fife: the same commission to the lords [David Wemyss, lord] Elcho and [Robert Balfour, lord Balfour of] Burleigh, the lairds of Balfour, [David Beaton of] Creich, Spencerfield, [Sir James Halkett of] Pitfirrane, Fingask, Caskieberran, Arnott, Balbedie, Inchdairnie, [Sir William Douglas of] Kirkness, [Sir James Arnott of] Fernie, [Sir Michael Balfour of] Denmilne, Rankeilour MacGill, younger, [Sir Robert Colville of] Cleish, Cullarny, Mr William Seaton, Scotscraig, Earlshall, [Sir Peter Hay of] Naughton, [Mr James Reid of] Pitlessie, Kincraig, [Sir James Monypenny of] Pitmillie and Sir James Lumsden [of Innergellie], or any seven of them a quorum for revaluation of the sheriffdom of Fife. And ordain Sir William Scott [of Clerkington], clerk of parliament, to give out commissions to any other shires, the commissioners giving in a list of revaluers according to an ordinance of parliament of 3 March instant.
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The estates of parliament etc. do hereby ratify and approve all and whatsoever acts of parliament formerly made anent the superiority of kirklands, declaring the same to pertain to his majesty and his successors or annexing the same to his highness's crown, declaring the whole casualties of the said superiorities not conveyed before 17 January 1627, with the whole feu mails, feu ferms and other rents of the said superiorities since then, to belong to his majesty. Reserving always to the lords and titulars of erection mentioned in the 14th act of his majesty's first parliament, the feu mails and feu ferms until they be satisfied in manner contained therein, and without prejudice to them of whatsoever lands and others belonging to them in property, in manner mentioned in the said act. And further, the said estates of new declare the aforesaid superiorities of all and whatsoever kirklands, mills, woods, fishings and whole pertinents of the same pertaining of before to whatsoever archbishops, bishops, priors, prioresses, preceptories and whatsoever other benefice of whatsoever other estate, degree, title or designation they be, erected or not erected in temporal lordships, baronies and livings, to pertain to his majesty and his highness's crown, therewith to remain in all time coming, and by this act make void and annul the reservation mentioned in the aforesaid act of the superiorities of the lands and others pertaining to the archbishops, bishops and the chapters for the time. And also declare all and whatsoever grants, rights or infeftments of any of the said superiorities, with all warrants, tacks, commissions, bailiaries or deputations for entering vassals thereto made and granted by his majesty in any time bygone since the surrender in 1627 or to be made in time coming, with all other gifts and donations of the said feu duties formerly belonging to the said lords of erection and made by his majesty after the surrender and before the redemption thereof from the said lords, and all heritable and irredeemable rights granted by his majesty after the redemption whereby the profits, casualties and emoluments of the superiority of the said kirklands may be conferred to any other person except the proper vassal thereof, directly or indirectly of whatsoever name, title or designation they be, and all gifts of new regalities or jurisdictions, to be null by way of exception or reply. Reserving always to those persons who have right to the feu duties their right and title thereto until the same be redeemed from them, either by his majesty or the vassals in manner after-specified. And discharge the treasurer principal and depute commissioners of treasury and other lords of exchequer, writers to and keepers of the seals from all passing and issuing of any such new grants, rights, infeftments, tacks, warrants, commissions, bailiaries or deputations for entering vassals, excepting only such infeftments and signatures as shall be granted by the lords and others who had formerly right to the said erections and superiority whereby they may have right to claim the feu ferms and feu duties indebted by the vassals and others subject in payment thereof only until they be satisfied thereof in manner aforesaid, according to the reservation contained in the said act in 1627. Reserving also to them their own property of lands, rights and jurisdictions in manner specified in the 14th act of his majesty's said first parliament. Excepting always from this [James Stewart], duke of Lennox's right of superiority of the barony of Glasgow, according to the aforesaid act. Excepting likewise from this all mortifications and lands therein contained to universities, colleges, schools, hospitals and other pious uses, and likewise all and whatsoever donations or mortifications and lands contained therein pertaining to his majesty's royal burghs, in manner contained in the 33rd act of his majesty's parliament in March 1647, and all other rights of superiorities of kirklands and others aforesaid acquired and pertaining to the burghs royal or to their colleges, schools or hospitals preceding the day and date hereof and what they shall acquire hereafter. Excepting also from this present act (in the same manner and form as is excepted for the burghs in the aforesaid act of 1647) the rights of the lands of Lurg and Kincardine and 17 acres of land lying about the burgh of Culross, with the feu ferms thereof and superiorities specified therein pertaining to Mr Alexander Colville, professor of divinity in the New College of St Andrews, according to the infeftment and rights made to him and his predecessors thereof. Excepting likewise the signature granted to [Alexander Montgomery], earl of Eglinton and [Hugh Montgomery], lord Montgomery of the abbacy of Kilwinning, with the declaration and according to the tenor of the said 33rd act of his majesty's parliament upon 24 March 1647. Excepting likewise from this present act the infeftment and right of the feu duties of the abbacy of Arbroath granted to Patrick [Maule], earl of Panmure in respect he has not right to the feu duties of the said lordship by virtue of his majesty of worthy memory, his decreet arbitral and reservation contained in the same, as likewise in the act of parliament 1633, but his right to the feu duties were acquired by him at a very dear rate from William Murray, his majesty's servant, who had right from his majesty as lord of the erection. Likewise the said William Murray's infeftment and the charters and infeftments upon his resignation granted to the said Patrick, earl of Panmure are not only ratified, but also the feu duties are dissolved from his majesty's crown and from all annexation thereof, according to an act of the date 27 July 1644; and the said Patrick, earl of Panmure cannot be ordained to convey his right to the vassals of the said lordship for any sum as being liable to accept the same sum from his majesty for redemption thereof because he has not right to the said feu duties by the reservation aforesaid, neither is he liable by his right to receive any sums of money from his majesty for redemption thereof and the said vassals cannot crave to be in a better case than his majesty. For which causes, the exception aforesaid is granted as said is, and by this act annul that clause whereby the estate did then remit all bygone rights, infeftments, warrants, commissions and others therein mentioned of the superiorities of kirklands already passed since the year 1633 to the decision of the lords of session. And further the estates of parliament decree and ordain the said lords of erection and others in whose hands the said feu mails and feu duties remain until they be redeemed by his majesty to accept the same sums from the vassals themselves which they are liable and bound to accept from his majesty for redemption thereof, and to convey all right and title they have to the said feu mails, feu ferms and casualties and feu duties of the said superiorities and deprive themselves of the same within 40 days after they shall be required thereto. And in case of refusal by the said lords and titulars of kirklands, the sums of money whereupon the said feu mails and feu duties are redeemable shall be offered and consigned in the dean of guild's hands of Edinburgh upon the peril of the depositor for redemption thereof, whereby the said proprietors may be in the same case anent the right and possession of the said feu ferms and feu duties as the said lords and titulars of kirklands now are. Reserving always the right to his majesty to redeem the same upon the aforesaid sums, according to the act of parliament. And it is hereby declared that the vassals shall have the benefit of this act, they paying yearly to his majesty a fifth part more of his feu duty than his present feu duty is, and also, after retention of the same feu duty by the space of 15 years (the vassal in the meantime making payment to his majesty of a fifth part more aforesaid), that the feu duty aforesaid shall be declared to be lawfully redeemed thereby by his majesty without payment of any sums of money and his majesty in all time thereafter to have the full right to the feu duty aforesaid and fifth part above-written. It is likewise declared that the vassals of archbishops, bishops, priors, prioresses, preceptories and other benefices of whatsoever estate or degree, title or designation they be and are not erected in temporal lordships, whose feu duties have been given and conveyed by his majesty by gift or other right to any persons by whatsoever manner of right, shall have the same benefit of redeeming the aforesaid feu duties from the said persons having right thereto by payment to them or consigning as aforesaid in case of their refusal the same years' purchase as is above-specified, which shall be always redeemable again from and expire to them in favour of his majesty in the same manner as is above-expressed. And it is hereby ordained that the heritor who gets the buying of his feu duty from the lords of erection or others having right thereto shall relieve him of the blench duty paid by him to the king and of the contribution payable to the college of justice and that proportionally, and declare and ordain the lords of council and session, or his majesty's commissioners of treasury and lords of exchequer at the option of the pursuers, to be judges competent to all citations and actions to be intended at the instance of any of the said vassals after the offer and consignation above-mentioned against the said lords and other titulars for depriving them of the said feu mails and feu duties and for securing the said vassals therein. And in the meantime ordain the said lords of erection and titulars of kirklands to accept the same or similar prices for the said feu ferms and feu mails from the said vassals as are or shall be ordained and modified by the said commissioners of exchequer to be paid for his majesty's other rents of a similar kind. And because the benefit of this present act will be of no effect to such vassals as have small and mean portions of lands, in respect they are not able to bear the expenses for passing their infeftments through the seals, for remedy whereof the said estates statute and ordain that the infeftments of all tenants and proportions of lands of the said kirklands not exceeding the yearly rent of 300 merks shall pass and be issued by the exchequer and great seal all at once without any necessity of the other seals; and ordain the precept of sasine to be contained in the infeftment; and declare the same so passed to be as valid as if they had passed the same through the whole seals. And the estates declare that he in whose favour the said infeftment is passed shall be only liable in payment of the sum of £4 for parchment to write the same on and wax for the seal, and 4 merks for writing the same infeftment, which sum of 10 merks is likewise declared to be sufficient for the price of the brieve, retour and precept granted in favour of any of the said persons at the time of their entering heirs to their predecessors, and that there shall be only one brieve, retour and precept of heirs portioners, which is to be given out and issued for the same sum only. And the said estates ordain the compositions of the infeftments aforesaid of the said mean vassals to be passed gratis by the lords of exchequer, and to be written out and passed the great seal within six days after the giving in thereof to the director of the chancellery. And if the same be not issued by writing thereof and appending the seal to the same within the space aforesaid, that the writer to or appender of the great seal in whose default the failure is shall content and pay one year's rent of the lands contained in the infeftment craved to be issued, the one half thereof to be paid to the party in whose favour the infeftment is granted, and the other half to the exchequer for his majesty's use. And likewise the said estates decree and ordain that all vassals of the said kirklands whose tenements being houses, yards, roods or acres of land not exceeding 12 acres, the same being within regality or burgh of barony or regality, shall have liberty to issue their infeftments by the bailies of the said regalities and burghs respectively, who shall be obliged to make account and payment in exchequer for the feu duties and casualties belonging to his majesty out of the said tenements and shall receive the said vassals gratis.
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The which day in presence of the estates of parliament compeared personally Mr John Algeo, procurator for and in name and on behalf of the earl of Abercorn, and gave in the protestation following, whereof the tenor follows: The earl of Abercorn to the estates of parliament, James, earl of Abercorn, understanding that there is an act of parliament given in and desired to be passed by the honourable estates of parliament in favour of the feuars and vassals of kirklands anent the superiority of the said lands, annexing the same to the crown and annulling all infeftments thereof granted by his majesty or his father of worthy memory in any time bygone, and that the said earl is in a singular condition and different from any others who has right to the said superiorities, in respect the temporality of the abbacy of Paisley, pertaining to the said earl and his predecessors, was never annexed to the crown but expressly excepted out of the general act of annexation in 1587 and out of all other acts of annexation, and could never have pertained to his majesty's father by his revocation, but only by the earl's voluntary surrender and the act of parliament following thereupon in 1633; and the said earl made the aforesaid surrender and suffered the said act to pass without any public protestation in parliament upon express agreement, promise and condition made by his majesty that the earl should have right to the superiority of the small vassals and that the said act should not be prejudicial to him relating thereto. Likewise his majesty of worthy memory did give a right to the said earl of the superiority of the small vassals, not freely and gratis, but at a high rate, the said earl having conveyed and renounced in favour of his majesty his right to the feu duties and casualties since the year of God 1642 of the great vassals, which have been uplifted by his majesty by virtue of the right granted thereto by the said earl. For which reasons, which the said earl shall instruct in time and place by acts of exchequer, various letters from the king and others, the said earl in all humility craves and protests that if the honourable estates shall think fit to pass the said act, that the same may not be prejudicial to his right and infeftment of superiority of the said small vassals, especially it being considered that those small vassals are most desirous to hold still of the said earl and do in no way concur with the followers of the aforesaid act craved to be passed by the said honourable estates, and that it be not prejudicial to his right of property of the temporality of the said abbacy and to the right of regality thereof and bailiary of the same and to his action of reduction and improbation and others competent to the said earl against such as pretend right to any part of the temporality aforesaid by pretended feus or other rights, and especially against such whom the said earl has intended action of reduction and improbation of their pretended rights before the time limited by the act of prescription; and that the said act may not prejudice the said earl anent any reservation in favour of the earl and his predecessors contained in the feus and rights granted by them respectively to the town of Paisley and their other vassals of the property of any part of the lands, coals, coalworks, mosses, common pasture and others reserved in the said rights; and that the said earl's right to the whole premises may be unprejudiced by the said act. Which being read in audience of the parliament, the said Mr John Algeo, in name of the said earl of Abercorn, asked instruments thereupon.
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The estates of parliament etc., having heard the supplication given in to them by Colonel Walter Scott, humbly showing that the estates of parliament of this kingdom held in 1648, having taken into their serious consideration the many good and thankful services done to them by the said Colonel Walter Scott these nine years bygone in the armies, both within and without the country, answerable to the trust thereof, did by their act of 9 June 1648 not only ratify and approve his whole carriage and behaviour in the said employments, but also knowing of his intention to go out of the kingdom to foreign nations, upon his humble supplication, did grant to him free liberty either to go out of this kingdom or to remain within the same as he thought most expedient, as the said act produced before the said estates of parliament more fully purports; as also showing that the said Colonel Walter Scott is desirous to have the said act corroborated with his majesty's great seal of this kingdom, to the effect the same may have the greater effect, faith and splendour abroad amongst strangers if it should happen him to go out of the kingdom, and therefore humbly craving the said estates to grant warrant to the director of the chancellery to write his said pass in the most ample form to the great seal and to the lord chancellor for appending the great seal thereto without passing any other seals or registers, as in the said supplication at more length is contained. Which supplication being taken into consideration by the said estates of parliament, they have given and granted and by this act give and grant warrant to Sir John Scott, director of the chancellery, to write the said pass to the great seal in most ample form, and to the earl of Loudoun, lord chancellor, for appending the said great seal thereto without passing any other seals or registers.
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The estates of parliament etc., having taken into consideration the supplication of Alexander Forbes of Auchintoul and Alexander Brodie of Lethen, showing the said Alexander Forbes to have lawfully apprised from Alexander Dunbar of Kilboyack his town and lands of Over and Nether Blairs, Marcassie, Russert, Cuthillhead, Grainrie, Kilboyack, Tulloch and certain other lands, mills and pertinents thereof for payment of the sums of money principal, annualrent, expenses and sheriff-fee mentioned in the apprising led and prosecuted relating thereto within the tolbooth of Edinburgh upon 1 November 1632, which was seen and approved by the lords of session upon the [...] day of the said year, and according thereto and to the charter and infeftment following thereupon the said supplicant was heritably infeft in the lands and others aforesaid. Likewise the said supplicant, having conveyed to the said Alexander Brodie of Lethen and his heirs and assignees heritably the aforesaid lands of Kilboyack and Nether Rewis and made him cessioner and assignee to the said apprising so far as may be extended thereto, and the said Alexander Forbes of Auchintoul, one of the said supplicants, delivered to the said Alexander Brodie of Lethen, the other of the said supplicants, the aforesaid apprising and infeftments following thereupon; which being in the said Alexander Brodie's house of Kinloss, as was cleared before the parliament in 1647 and before the committee of estates respectively in manner specified in the acts made thereupon, and in respect the said apprising is a necessary evident that concerns both the said supplicants for their security of the said lands and others contained therein, and the same was formerly allowed and approved by the lords of council and session in manner specified in the records made thereupon by the late Mr John Skene, clerk to the bills, and that the supplicant has a just duplicate of the said apprising subscribed both by the macer that was judge and by the notary that was clerk thereto, as at more length is contained in the said supplication. Which being taken into consideration by the estates of parliament, the said estates give and grant warrant to Mr George Gibson of Bowffie, who is now clerk to the bills, to insert on the back of the duplicate of the said apprising the former allowance and approbation thereof extracted out of the book of records made thereupon of that same date, tenor and contents, and to issue and subscribe the same in common form, for the which this act shall be to him a sufficient warrant.