[1661/1/74]*[print] [email] [cite] [preceding] [following]
The estates of parliament considering the many sad and dangerous consequences that doe accompanie the neglect and contempt of lawfull authority, and that, among the other judgements wherwith it pleaseth Almightie God to visite such who resist the powers and oppose the commands of those entrusted by him as vicegerents for the government of his people, they are oftymes left to their oun councills to doe that which highly provoks God to wraith, renders themselffs justly odious to the world, and hateful to their posterity, wherof ther is too doolfull ane experiment in ane act of the printed records of parliament of the sexteinth of January 1647 entituled, declaration of the kingdom of Scotland concerning the king's majesties' person; which, being now taken into consideration, the estates of parliament doe find and declare that it wes caried on and concludit by a prevalent partie against the judgement of many of his majesties' loyall subjects, and that it is a most sinfull, disloyall and vnworthy act contrary to the will and commandment of God, contrary to all lawes divyne and humane, contrary to the duetie and alledgeance of subjects, contrarie to all the rules of justice, honour, gratitude and humanity, and heighly reflecting on the honour of this antient kingdome and the reputation of his majesties' good subjects therin. And therfor the king's majestie, with advice and consent of his estates of parliament, doth heirby annull and condemne the same for ever, and ordaines it to be expunged out of all records and never to be remembred, but with due abhorrence and detestation, [...] and the estates of parliament, conceaveing themselffs obleidged in conscience to make the treuth of this bussinesse, and the maner of the caryeing of it knoun to the world for the just vindication of this kingdome, and his majesties' duetifull and loyall subjects who otherwise may seem to be comprehendit and concludit in it, they doe therfor, from their certane knowledge, declare that even in that parliament (from which many of his majesties' good subjects wer debarred for their affection and adherence to his majesties' service and commands) ther wes a considerable number of worthy patriots, of all estates who, at the passing of that base act, gave a publict testimony and disassent from it, which is heer recorded for their due honour, and for which their memorie will in all ages receave a famous celebration, and that ther wer diverse others, who upon the pretexts of reformation and assureances of the safety of his majesties' person, being inveigled wer, in the simplicity of their hearts, draune along for the tyme; but shortlie therafter, being convinced of their error, [they] did embrace the first opportunity to expiate the same by freely hazarding their lives and fortunes in the yeer 1648 to redeem his majestie from these restraints and dangers which, by that impious act, he wes driven into. And therfor his majestie, with advice and consent forsaid, doth declare that the act of parliament forsaid of the sexteinth of January 1647 is not to be lookt upon as the deid of the kingdome but as the act of a few disloyall and seditious persones who, haveing upon specious but false pretences, screwed themselffs into the government, did by force of armes keep the same and from the conscience of their oune guiltines, being affraid of the justice of his majesties' government, did violently cary on that act, and in further ouning therof did, in the said yeer 1648, rise in armes in opposition to those who endeavoured to restore his majestie to his government and to releive him from the imprisonment and hazard he wes then lying under, as the natural effects of that unworthy transaction so justly heirby condemned. And for the further cleiring of the sense of this kingdome as to that base and treatcherous act, and the aspertions which have been therupon raised, as if ther had been previous transactions and barganes of money for carieing on of the same, the estates of parliament declare they doe abominat the verie thought of any such thing, and that if at any time hearafter ther shall be discoverie of any such wickednes (which they are confident God Almightie in his justice will bring to light (if it be true) and wherin they earnestly entreat the concurrence of all his majesties' duetifull and loyall subjects) the persones guilty therof shall without mercy be pursued as the vildest of traitours, and shall be incapable of the benefite of any act of pardon, oblivion or indemnity for ever.
[1661/1/75]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the commissioners of parliament appointed for bills and treading be Johne Aitchison, writter in Edinburgh, against Patrick Home of Coldinghamelaw, shewing that vpon the tuentie seventh day of December last in reference to a former warrand presented be him upon ane complaint to the late committie of estates, appointed be his majesties' speciall warrand and authority, against the said Patrick Home of Coldinghamelaw, whose lands he had comprised and is in possession of by letting of tacks and uplifting the dueties of a parte therof, with the said laird of Coldinghame his oun consent, who hes, not only contrare to the late committies former order produced, sold some of the petitioner's fermes, but also discharged his tennents to pay him the rest of this present yeer's ferme, conforme to their tacks, and hes caused some of them dight a parte of their beir; which he, accompanied with Gawin Cleghorne in the law, Alexander Daill, ther, Patrick Hog and severall women, came betuixt nyn and ten hours at night and caused the tennents open their doores, and violently caried away the same and latelie he had broken up the barne doores and caused carie away the petitioner's ferme victuall undight to his oun barne, wher he caused dight the same and had delivered it to ane servant of the earle of Home's under pretext of his lordship's valued teind bolls. Notwithstanding, the said laird of Coldinghamelaw caused leid and sequestrat the teinds of the said petitioner's tennents their cornes befor their leiding of the stock for their oune use, so that the petitioner's tennents are therby rwined, the petitioner opprest and disappointed of his just right and his majesties' authority contemned and, therfor, craveing that he may be punished for the forsaid ryot and contempt of his majesties' authority, which wes duelie intimat to him and that he may be ordained to find caution for their indemnity and restitution of the ferme he hath so violently taken away. Which supplication, being red in presence of the saids estates of parliament appointed for bills and tradeing, and the said Johne Aitchisone being presently present who produced in their presence ane order of the committie of estates forsaid, dated the eight day of December last, wherby they (inrespect of the said Patrick Home his oppression contrare to his oun hand writ) discharged the said Patrick any wayes to intromet with or uplift any of the rents or fermes of the saids lands from the tennents (allocated to the said Johne Aitchison) and also prohibiteing the said Patrick to trouble or molest the saids tennents for their rents dureing the said Johne Aitchison's right, as the said order under the subscription of Sir Archibald Primerose, clerk of register and rolls, at more lenth is contained, together with diverse other writts for instructing his right in the said mater, and the said Patrick Home, defender, compeirand personally, the estates of parliament, haveing at lenth heard, sein and considered the forsaid act and order of the committie of estates produced for the said pursuer, of the date, tenor and contents abovewritten, together with the haill dispute given in be either of the saids parties against others in writ anent the premisses all extant in processe, together with the report of the commissioners of parliament appointed for bills given in theranent, after full examination of both parties in the said mater, and haveing also considered diverse writts and papers produced for the said defender, and examined the mater of fact, finds that the said Patrick Home hes contraveened the forsaid act and order of the committie of estates in goeing to the barnes of the tennents and away takeing of tuentie tuo bolls beir and threttein bolls oats, confest be himselff, and that therby he hes committed a great ryot and oppression, and therfor decernes and ordeanes the said Patrick Home, defender, to restore and delyver to the said Johne Aitchisone, pursuer, the said tuentie tuo bolls beir and threttein bolls oats confest to be intrometted with be him, as said is, but prejudice to the earle of Home to sute for his teind either fra the said Patrick Home, who caused lead the same befor the leading of the stock, or fra the said Johne Aitchisone, as accords of the law, and als to find sufficient and responsall caution, for the indemnity of the said Johne Aitchison and his tennents, that he nor they shall not be troubled in their possession by him, his tennents, servants or any others whom he may stop or let dureing the said Johne his right to the saids lands in tyme comeing, and ordaines letters etc.
[1661/1/76]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing heard a petiton presented unto them be the baillies and councill of the burgh of Mussilburgh, in name and as representing the toun therof, shewing that, for the better upholding of the Magdalen's bridge neir to the said toun, they wer impowered and warranted to exact one pennie Scots money aff each horse load that comes and goes alongs the said Magdalen's bridge, of which they have been in possession by uplifting the same these many yeers past; which, being bot small, comes much short of the expences waired out upon the saids bridges and mantaining therof, and of late the stormes and spates of water have been such as the litle bridge wes almost taken away and the other, being old, is become weak in the pillers so as it is lyk to decay, and the supplicants by that small grant of one Scots pennie on the horse load are so unable to repair and mantaine them that they are forced to imploy their oune common good upon mending of calsayes (especially that of Edgbuklinbrae and other necessary works) and the supplicants upon expending theron, and other publict works aforsaid, have borrowed and employed above tuo hundreth pund sterline, under the burthen wherof they ly as yet. And seing the grant of one pennie on each load passing the said Magdalen's bridge is so small, and that tuo pennies Scots on ilk load will be but inconsiderable and payed, for the most parte, by the incorporation of Mussilburgh and its liberties, besids that it is a common publict good knoun to the whole cuntrie, therfor, humbly desyreing the estates of parliament to grant the supplicants libertie and warrand to exact tuo pennies Scots for each horse load passing the said Magdalen's bridge for upholding therof and other bridges of so publict concernment, and for each cairt load proportionally seing the most parte therof will be payed by the nighbours of the toun and its liberties, as the petition more fully beares. Which being openly read in presence of the saids estates of parliament, and they therwith, being ryply advised, and haveing heard the report of the commissioners appointed by them for bills and trade theranent, the estates of parliament, for the better upholding of that bridge for the use of his majesties' leidges, gives warrand to the magistrats of Mussilburgh to uplift in tyme comeing tuo pennies Scots aff each horse load and eight pennies Scots for each cairt load passing alongs the said bridge.
[1661/1/77]*[print] [email] [cite] [preceding] [following]
The estates of parliament now presently conveened by his majesties' speciall warrand and authority, haveing heard, seen and considered ane supplication given in to them be Thomas Ker of Mersingtoun, shewing that George Edger of Newtoun, haveing most presumptuously and masterfully broken up the supplicant's and his tennents' houses and barne doores, spoiled and taken away their goods, layd his ground waist for the space of seven or eight yeers bygone, without any just reason whatsoever, and now of late to make the assertion the more evidently to appear, the said George Edger did minasse some of the saids tennents, and did hinder them to pay their rents to the supplicant, it being in this close and silent tyme, the supplicant meaned himselff to the committie of estates and by their order the saids tennents wer recommendit to setle with the supplicant at the sight of Johne Home of Manderstoun, Mr Johne Belshes of Tofts and some others who, haveing met with the tennents, they wer content to pay their rents to the supplicant upon caution, as a testificat under the hand of the said Mr Johne Belshes produced would cleirly testifie; conforme wherunto the supplicant, haveing offered sufficient discharges with sufficient cautioners in warrandice of the saids tennents, bot the said George Edger, haveing power with the tennents who possesseth that parte which is laboured, doth hinder them altogether to pay their rents, wherby he doth not only disable the supplicant to seik redresse, but also taketh away his whole lyvelyhood from himselff and his family, unles remeid be provydit. Therfor, humbly desyreing that warrand might be granted to cite the said George Edger and the tennents to heare and sie the premisses verefied, and the said George to make redresse and punished for their offence, and the tennents decerned to pay their rents to the supplicant upon sufficient caution, if neid bies. [And this] with ane report given in to them be the commissioners appointed for trade and bills (wherby they upon consideration of the said supplication and haveing heard the said George Edger of Newtoun for himselff and some of the tennents for themselffs, doe conceave that the said George Edger, in regaird of a bakband granted be him to Mersingtoun is in mala fide to hinder or molest the saids tennents to pay their rents to the supplicant, bot that they ought and should pay the same to him) as the said supplication and report at more lenth beares. And being therwith well and ryplie advised, the estates of parliament aforsaid have approven and heirby approve the said report and ordaines the saids tennents to pay their rents to the said Thomas Ker of Mersingtoun, supplicant, their master, and ordaines letters etc.
The lord commissioner continewes the parliament till Frydday at tuo hours in the afternoone and all summons ut supra.