[1661/1/95]*[print] [email] [cite] [preceding] [following]
The which day the lord commissioner produced a patent vnder his majesties' great seall giveing unto the earle of Hartfell the tytle of earle of Annandale and Hartfell, vicount of Annand, lord Johnstoun of Lochwood, Lochmaben, Moffetdale and Evendale, which, being read in open parliament, and the estates acknowledgeing his majesties' favour to the said earle, the lord commissioner delivered the said patent to the duke of Hamiltoun who, in name of the said earle, receaved the same upon his knee.
[1661/1/96]*[print] [email] [cite] [preceding] [following]
The which day the lord commissioner produced in parliament a letter direct to him from his majestie in favours of Johne Home of Rentoun, wherof the tenor followes.
Charles R[ex],
Right trustie and right wellbeloved cousin and councellour, wee greete yow well. Whereas our wellbeloved Johne Home of Rentoun, in the yeares 1639, 1640 and 1641, for his loyaltie and readie obedience to our royall father's speciall commands, wes a singular and heavie sufferer in his estate, amounting to the soume of eight thousand pund sterline; whairof our dearest father did take such particular notice, as he wes gratiously pleased to engage his royall word for satisfaction of the same. And conceaveing ws to be bound to make good his said royall promise and in his intendit way, which wes by act of parliament, our pleasure therfor is, and wee require yow (as yow tender our oune, but more particularly our said dearest father his honour) to endeavour that our parliament take some effectuall way for paying to the said Johne Home the said soume of eight thousand pund sterline which wee will take as verie acceptable service. And so wee bid yow heartily fairwell. Given at our court at Whitehall, the second day of January 1661/0 and of our reigne the tuelff yeer.
By his majesties' command, Lauderdale.
Which being openly read, the estates of parliament, have appointed the same to be recordit in their books, and remits to the lords of the bills to be taken in consideration be them, who are to report their opinion of the thing and therafter the parliament to take it into their oun consideration.
[1661/1/97]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently conveened by his majesties' speciall authority, haveing heard a supplication presented unto them be James, viscount of Frendraught, shewing that it hath pleased the lord commissioner's grace and estates of parliament to repone the petitioner against a sentence pronunced befor the committie of estates at the instance of Mr Alexander Gregorie, George Hay and David Cruikshank, against him, wherby the petitioner and diverse of his servants, namelie Robert Spence, William and Thomas Chrichtouns, William Clerk, George Wat, Walter Hendrie, James Howie, Alexander Fairwether, James Jarves, William Sanderson, William Innes and Patrick Leslie, wer declared fugitives and rebells for not appearing befor the said committie of estates to ansuer to the complaint given in be the said Mr Alexander Gregorie, William Hay and David Cruikshank, and finding caution for their indemnity, humbly therfor desyreing that the forsaids persones might also be reponed against the said sentence inregaird they are readie and willing to find caution in maner forsaid, as the supplication beares. Which with the supplication of the said Mr Alexander Gregorie, William Hay and David Cruikshank, being at lenth heard and considered be the commissioners for bills, and they haveing made their report theranent to the lord commissioner and estates of parliament wherwith, they being fully advised, they doe heirby repone the saids Robert Spence, William and Thomas Crichtouns, William Clerk, George Wat, Walter Hendrie, James Howie, Alexander Fairwether, James Jarves, William Sanderson, William Innes and Patrick Leslie against the forsaid act and sentence of the committie of estates declareing them fugitives and rebells, because they have fund caution that they, nor none of them, shall act or doe any thing in prejudice of the saids Mr Alexander Gregorie, William Hay and David Cruikshank, otherwayes nor be ordour of law and that under the penaltie of one thousand merks Scots for each of the saids persones incaice of failyie.
[1661/1/98]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently conveened by his majesties' speciall authority, haveing heard a supplication presented vnto them be Johne Ewart, commissioner for the burgh of Kirkudbright, in name of the said burgh, shewing that the stewart courts of the stewartrie of Kirkudbright have been in tyme past ordinarly keept within the tolbuith of the burgh of Kirkudbright, as the center and midle place of the stewartrie, becaus of its conveniency for accomodating the leidges, which cannot be had any wher els within the saids bounds, and for their ease and benefite, who upon lesse expences may have the use of procurators at their oune duellings ther, then if the saids procurators wer to attend the courts at any other place, as also because of the conveniency of ane sufficient goall and concurrence of the magistrats for receaveing prissoners, and inregaird of ane act of parliament [of] K[ing] Ja[mes] [the] 6[th], of worthy memorie, his 6 par[liament], cap.15, wherby it is statute that all shirreff clerks should have their residence at the heid burgh of the shire (as the said burgh is within the said stewartrie); humbly therfor, desyreing ane act and warrand for keeping the stewart courts at the said burgh, as the supplication beares. Which with the report of the lords of the articles made theranent, being taken into consideration by the saids estats of parliament, they doe heirby statute and ordeane that, for the good and ease of the leidges, the stewart courts of the said stewartrie be in all tyme comeing keept and holden within the said burgh of Kirkudbright as the most convenient and fit place for that effect within the said stewartrie.
[1661/1/99]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened be his majesties' authority, haveing taken to their consideration a petition presented to them by Hugh, earle of Eglingtoun, lord Montgomerie, shewing that Alexander, earle of Eglingtoun, his father, wes latelie deceased and that he intendit to serve himselff air to him generall and speciall to all lands, lordships, barronies and others, wherin he dyed last vest and seazed, befor the terme of Witsunday next to cum, [and] for preventing the hazard of nonentrie or any other inconvenient which he might sustean throw lyeing out unentered to the saids lands, lordships, barronies and others forsaids, and becaus the saids lands, lordships, barronies and others wherunto the said noble earle intends to enter himselff air to his said deceast father, as said is, lyes within severall shirreffdomes and jurisdictions, viz. within the shirreffdomes of Edinburgh, Linlithgow, Air, Renfrew and Bute, and baillieries of Kyll Stewart, Carict and Cuninghame, and regalities of Kilwining and Paisley respective, so that it will be verie trublesome and expensive to him to leid and deduce severall services befor the ordinar judges of the saids jurisdictions; neither yet are judges established within the same and that, therfor, it is necesser to him to have commission under the quarter seall in maner and to the effect underwritten. And therfor, craveing ane warrand to the director of the chancellry for directing ane commission furth therof to the four ordinar maissers, or any one of them, for leiding of the forsaid service in maner underwritten, or els to declare the said noble earle frie of the retoured maills and all other damnage that he may susteane throwgh his nonentrie, till he be legally entered in the ordinary way, as at more lenth is contained in the said petition. And haveing considered the report of the commissioners of parliament appointed for bills, to whom the same wes referred, our said soveraign lord, with advice and consent of the saids estates of parliament, hes given and granted, and heirby gives and grants full power and warrand to Sir William Ker of Haldane, knight, director of his hienes'[s] chancellry and his deputs to exped and direct furth ane commission under the quarter seale makeing, constituteing and ordaining Robert Hamiltoun,† James Wallace, Johne Wauchope and Andrew Hinshaw, or any tuo of them conjointlie, shirreffs of the shirreffdomes, baillies of the baillieries and regalities, and provest and baillies of the burghs respective in that parte, committand to them, or any tuo of them as said is, full power to sit within the new tolbuith or session house within the burgh of Edinburgh, dispence and with the place and tyme of vacance and parliament, if any shall happin to be sitting the time, of the services of the saids breives, and admittand the said new tolbuith or session house of the said burgh of Edinburgh to be als lawfull as if it wer the tolbuith of the heid burghs of the shirreffdomes and other jurisdictions wher the saids lands, lordships and others wherin he is served does ly, and as if the said service wer led in the ordinary tyme of session or dureing the sitting thairof, and to that effect to affix, affirme, hold and continew court or courts, ane or mae, and to creat clerks, serjands, dempsters and all other officers and members of court necessar, and to receave and open the saids breives, and to cause the same to be dewlie and lawfully proclaimed, served and retoured, and to summon the inqueist of persones least suspect, and who best knowes the verity in the said mater, to passe upon the service of the saids breives, each person under the paine of one hundreth pund money, and generally to doe all other things necessar and requisite for expeading the said service; and ordaines the said commission to be further extendit, in the best forme with all clauses neidfull, and als for that effect to direct furth breives for serveing of the said earle air to his father, as said is, and to retour the same thairupon and to give furth precepts for infefting the said noble earle in the lands contained in the saids retours, and to doe all other things usuall in the lyk cace, wheranent our said soveraign lord and estates of parliament have dispenced and dispences for ever.
[1661/1/100]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, takeing to their consideration ane petition presented unto them by Halbert Nisbet of Shealls, preceptor of St Nicholas hospitall in Glasgow, holding furth that he as preceptor forsaid hes the oversight and charge of all the poore within the said hospitall and the ingathering and disposeing of the rents and dueties thairof and, albeit the persons lyable in payment of the same ought in duetie and religion to make payment to the supplicant of their severall proportions for the aliement of the said poore, yet since the cessation of justice they have made no payment of their proportions, wherby the supplicant hes been necessitat to supplie them, otherwayes they would have starved; and, therfor, praying since the rents of the said hospitall are aliementarie and without the which the poore cannot long subsist, that the saids estates of parliament would grant warrand for letters to charge the persones lyable in payment to pay the bygones restand awand, and that letters may passe under the signet for that effect, under the paine of rebellion etc. Which supplication and desire therof, with the report of the lords commissioners of bills, being all seen and considered be the saids estats of parliament, they have decerned and ordained and be the tenor heirof decernes and ordaines letters of horning to be direct under his majesties' signet, at the instance of the said Halbert Nisbet, for chargeing of all and sundrie the persons lyable in payment of the rents and dueties of the said hospitall to readily anser and make payment to the said Halbert of their severall proportions, each of them for their oun parts, and that of all yeers and termes bygone restand awand unpayed, within fiftein dayes next after the charge, under the paine of rebellion and putting of them to the horne, and that all other letters and executorialls be direct heirupon in forme as effeirs.
[1661/1/101]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the honourable commissioners of parliament appointed for bills by Sir Archibald Stirline of Carden, knight, against Robert, lord Burghlie and Mr Patrick Oliphant of [...], shewing that the supplicant, being in the yeer 1648 imployed in his majesties' service as ane officer under the camand of William, earle of Lanerick, therafter duke [of] Hamiltoun he, conforme and in obedience to the lawes and acts of parliament and to command of his superior officer, haveing made his leavie of a troop of horse within the locality appointed for that effect, therafter the haill forces being disbanded, amongst the rest the supplicants troop the severall souldiers under his command, haveing reteired peaceably to their oun homes with their horses and armes conforme to the capitulation at Stirline, wherby assureance wes given that non who wer accessorie to that service (provyding that they disbanded at the time therby appointed) should be any wayes challenged in their persons or estates for or in relation to their engadgement therin, nevertheles, the persones after mentioned, upon pretext of ane act of the pretendit committie for the tyme, dated the very day after the subscryveing of the said capitulation, ordaining the officers and souldiers who had receaved any horse or money for carying on the said Engadgement to restore the same or give bak the money to these who had outreiked the same, expreslie contrare both to the act of parliament and articles of capitulation thairupon, haveing threatned the supplicant for redelyverie or payment of what he had receaved for advanceing the said leavie, he wes against all law and reason necessitat to pay the particular summs aftermentioned to the persones underwritten to wit, to Robert, lord Burghlie, the sume of tuo hundreth punds conforme to his recept thairof dated the tuenty fyft day of January 1649 yeers and to Mr Patrick Oliphant, the sume of three hundreth merks in the moneth of [...] 1649 yeers; which summs the supplicant, haveing been forced to pay at the tymes and in manner foraid, most injustly against the standing lawes and articles of capitulation, ought in justice to be refoundit with the interest thairof since his payment of the same, and ay and till the same be repayed; and therfor, craveing that the saids defenders might be ordained to refound and pay bak the forsaids summs sua receaved by them, with the bygone interest therof and in tyme comeing, dureing the not payment of the same. Which supplication or lybell, being read in presence of the commissioners of parliament appointed for bills, the said Sir Archibald Stewart, being personally present, and the saids Robert, lord Burghly and Mr Patrick Oliphant, being also personally present, the saids estates of parliament, haveing heard, seen and considered the said petition or lybell with the haill defences and dispute proponed be either of the saids parties against others theranent, with the said Mr Patrick Oliphant's qualified oath underwritten and missive letter aftermentioned, with the report of the saids commissioners for bills in the said mater and, being therwith well and ryplie advised, the saids estates of parliament decernes and ordaines the said Robert, lord Burghlie and Mr Patrick Oliphant, defenders and each of them, to pay and redelyver to the said persuer the summe of three hundreth merks Scots money for the causes abovewritten, together with the haill bygone annualrents therof since the said persewer his payment of the same to them respective, together with the annualrent therof respective in tyme comeing dureing the not payment of the saids tuo principall summs. Becaus the tyme of the discussing of the forsaid action it wes alledged be the said Robert, lord Burghly that the tuo hundreth punds receaved bak be him from the persewer wes partlie for himselff and partlie for the lairds of Tillibole and Balloch, and that, therfor, he ought only to be decerned to repay his oune parte thairof; whervnto it wes replyed be the said persewer that the alledgeance forsaid ought not to be respected seing the Lord Burghly got the whole money from him and gave him his recept thairupon, and therfor ought to be decerned to pay the money and let him seik his releiff as he may. Therafter it wes alledged be the said Mr Patrick Oliphant that he wes never lyable to put out any horse to the pursuer, and so he could not give bak the pryce, and that any thing of that kynd wes as pocurator and in name of the Ladie Kinghorne, who should have been summoned, and therfor no processe against him, and desired that his recept if any wer might be produced; whervnto it wes replyed be the said laird of Carden, persewer, that he ought to have bak his money from the said Mr Patrick who got it, and referred the recept thairof to his oath, and the said Mr Patrick Oliphant, being personally present and solemnly sworne thairupon, be his said oath deponed and declared qualificate that to his knowledge he took the said three hundreth merks from the persuer only in the name of the Ladie Kinghorne who wes tutrix to her sonne, and for any assignation he does not remember it. Therafter the said Mr Patrick produced the Ladie Kinghorne's letter to him, authorizeing him to receave the same, which lybell, with the defences forsaid proponed be both the saids defenders, as said is, with the pursuer's replyes aforsaid made therunto, together also with the said Mr Patrick Oliphant his qualified oath abovewritten and missive lettre produced be him, as said is, with the report of the saids commissioners of parliament appointed for bills and trade made theranent, being all heard, seen and considered be the saids estates of parliament, and they therwith being well and ryply advised, they notwithstanding of the defences forsaid proponed be the saids defenders and of the said Mr Patrick Oliphant his oath given, as said is, and of the forsaid missive letter produced be him and als, notwithstanding of diverse defences proponed be them after the adviseing of the cause against the payment of annuellrent, gave their decreit in the said mater in maner abovewritten, but prejudice alwayes to the saids defenders of their actions of releiff respective against the persones lyable therfor as accords of the law, and ordaines letters etc.
[1661/1/102]*[print] [email] [cite] [preceding] [following]
The estates of parliament, takeing to their consideration a petition given in to them by Jonnet Edger, relict of Quartermaster James Slowan, shewing that her husband, after that he had been eightein yeers in the king's majesties' service, wes killed sex yeers agoe by the English in Dunkeld and that, therafter, the English brunt his house when she wes lying in childbed, and kild her young borne chyld, gave herselff severall wounds, plundered her house and caried away a great summe of money from her, whairof everie trooper of a whole troope of horse got fiftie pund sterline; and therfor, craveing some present supplie for the mantenance of herselff and childreen, wherof one wes made blind and ane other mutilat of ane leg throw the said fyre, and that ane yeerly and quarterlie allowance might be granted to them for their lyvelyhood. And haveing also considered the report of the commissioners of parliament appointed for bills and trade (to whom the same wes referred) theranent, hes ordained and ordaines the said Jonnet Edger to be presently ansered, obayed and payed of the summe of ten pund sterline money furth of the readiest of the excise due the tyme of the Englislh, for the present releiff of her and her childreen.
[1661/1/103]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently conveened be his majesties' authority, takeing to their consideration a petition presented to them in behalff of certane of the inhabitants of the overwaird of Cliddisdale, holding furth the necessity of building of ane stone bridge over the water of Clyd at Rammall-weill-craigs neir to the Catchappell, inregaird of the accommodation it would produce to all persones that passes that way and the great inconveniences of perishing of men which hes been often seen by that water, retarding of jurneys, hindering of mercats and many other, which may be prevented by a bridge; and therfor, craveing that some speidy course may be taken for building the said bridge, as at more lenth is contained in the said petition. And als, considering the report of the commissioners of parliament appointed for bills and tradeing to whom the said mater wes referred, and thair care and diligence therin, find ane absolute necessity of the said bridge, not only over the said water of Clyd bot also ane other bridge over the water of Duneden which runs contiguous therto, and considering that so great a work cannot be conveniently builded unles ther be ane discreit man to undertake the work; and haveing delt with William Baillie of Litlegill, upon whose ground the said bridge over Clyd will necessarly stand, and who most give passages therto aff his ground on both sides, besids the losse that he will susteane be the great resort that will be on his land when materialls is to be layd ther to undertake the said work, as being a persone of good interest in that cuntrey to effectuat the same, and that he, for the good of the publict, hes undertaken the same. Thairfor the saids estates of parliament, for the better accomplishing of the said work and the said William his encouragement therin, not only have granted and heirby grants and ordaines ane voltuntary contribution to be collected and gathered by and for him in such wayes personally or parichonally as he shall think most expedient, throw all the paroches both in burgh and landward on the southside or the water of Forth, and reccommends him to all noblemen, magistrats and ministers of the respective presbetries within the said bounds, to be assisting to him therin for ane liberall and tymeous collection for so good and great a work, bot also, for his better encouragement therin and effectuateing of the same, seing it is presumed that the said collection will not be so considerable as to perfyte so great a work, the saids estates of parliament hes given and granted, and heirby give and grant to the said William Baillie of Litlegill, his aires or assignayes, ane custome to be payd at Clyd's bridge only to him or any others he or they shall appoint, for exacting thairof as followes: to wit, from each footman or woman tuo pennies Scots, for each horse with his load or ryder sex pennies Scots, for nolt, beast or single horse four pennies, for ilk sheip tuo pennies and these rates to be in satisfaction of the custome of both bridges and to be exacted aff all persones and goods that shall passe at any of them, and these customes to continew dureing the space of tuentie seven yeers after the building and compleiting of the said bridge. And the saids estates of parliament hes given and gives thanks to the said William Baillie for undertakeing of the said work, and heirby ordaines all passingers whatsoever to pay the forsaid custome to him or such as shall be appointed by him or his forsaids for uplifting thairof at the rates abovewritten, becaus he hes instantly fund caution for building of the said bridge within the space of tuo yeers next after the date heirof.
[1661/1/104]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently conveened by his majesties' speciall warrand and authority, haveing at lenth heard, seen and considered a supplication given in to them be Patrick Gellie, prissoner, shewing that he, being imprissoned be one Thomas Forbes, curator to the bairnes of' the deceast Mr Johne Gellie, and at the desire of some of the English judges, he himselff being ane indigent persone, the said Thomas Forbes did ordaine Edward Hill, clerk in the tolbuith, to give him sex shilling Scots per diem for aliament and for that effect, conforme to the custome, did enter him in the clerk's books, and that accordingly he wes aliamented now be the space of tuentie moneths by the said Thomas Forbes, till of late that he discharged the said Edward Hill to give any more aliament to the supplicant, so that he is brought to ane very sad condition; and therfor, craveing that either he may be payed of his aliament since the fourteinth day of November last and weekly in tyme comeing dureing his imprissonment, or otherwayes might be put to libertie, as the supplication bears. [And this] with a report given in be the lords and others commissioners appointed for trade and bills, to the effect aftermentioned, and they being, with the said report and supplication, well and ryply advised, the estates of parliament aforsaid have approven and approves the forsaid report and ordaines the said Thomas Forbes to make payment to the supplicant of sex shilling Scots per diem since the said fourteinth of November and in all tyme comeing dureing the supplicant's imprissonment, at his instance, wherin if he failyie the magistrats of Edinburgh are heirby ordained to put the supplicant to libertie furth of their tolbuith, wherin he is incarcerat for the present, within fourty eight hours after the said Thomas Forbes shall failyie to pay the said aliament, and ordaines letters etc.
[1661/1/105]*[print] [email] [cite] [preceding] [following]
The estates of parliament, takeing to their consideration a supplication given in to them by William Moore, merchant burges of Air, shewing that the commissioners of estate[s], by their act of the date the tuelff day of September 1660 yeers, gave warrand to George Allane in Borrowstounes to sease upon ane trunck belonging to Ritchard Lovell, Englishman, who had receaved and intrometted with the sume of sixtie pund sterline belonging to the supplicant, and to put ane lock upon the trunck and keep the same in sure custodie till further order, conforme to the which act the said George Allane did seize upon the said trunck and pat ane lock theron and keepes the same in his custodie, and that seing the said Ritchard Lovell is now aff the cuntrie and is not to returne therto, and inrespect that the whole goods in the trunk is not neir the worth and value of that which he is adebted to the supplicant, therfor, craveing ane warrand to the said George Allane to break open the said trunck and to roup and sell the whole goods within the same, and to pay and delyver to the supplicant what shall be gotten therfore in payment and satisfaction to him of ane parte of the said summe of sextie pund sterline adebted to him be the said Ritchard Lovell; and haveing also considered the forsaid act of the committie of estates of the date and contents abovewritten, with the report of the commissioners of parliament appointed for bills and tradeing (to whom the same wes referred[)] made to them theranent, the saids estates of parliament hes ordained and heirby ordaines the said George Allane (in the presence of any one of the baillies of Lithgow) to break open the said kist, and in his presence to roup and sell the saids goods to the best availl, to the use and behove of the said Williame Moore, and therafter to delyver to the said supplicant the summs and pryces of the saids goods and kist so to be rouped, and ordaines letters etc.
[1661/1/106]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently conveened by his majesties' speciall warrand and authority, haveing heard, seen and considered a supplication given in to them by Francis Ruthven, sonne to the deceast Sir Johne Ruthven of Dunglas, shewing that the deceast Sir Francis Ruthven of Kers, the supplicant's uncle, be his disposition of the date the eleventh day of July 1650 yeers, for the causes therinspecified, annalied and disponed to the supplicant, his aires and assignayes, the lands and barronnie of Ridcastle, with the haill parts and pertinents thairof mentioned therin, as the said disposition in the selff more fully proports. Lykas, the said deceast Sir Francis Ruthven, buyeing for causes moveing him, delayed passing infeftments to the suplicant dureing the said Sir Francis his lifetyime, and least that the not takeing sasine and infeftment might have prejudged or made voyd the forsaid right and disposition, or that William Ruthven of Gairn, his air, should make any impediment therupon wherby the supplicant should happin to be debarred from the peaceable possession of the forsaid lands be vertew of the forsaid disposition, and that the saids lands might be made free of any debt or burden wherby they wer or might be affected be the said deceast Sir Francis Ruthven, thairfor, the said deceast Sir Francis Ruthven, be his band and obligation subscribet with his hand of the date the tuentie seventh day of January 1655 yeers, band and obleidged him, his aires and others therincontained to pay to the supplicant all and haill the summe of fourscore thousand pund Scots money at the feist and terme of Witsonday or Mertymes immediatly after the expyreing of sex yeers after the said Sir Francis his decease, which tyme wes limited and set doun in the writs granted be the said Sir Francis to the said William Ruthven of Garden wherby he might releive himselff of any burden wherin he stood obleidged or ingadged for him, after expyreing of which tyme he obleidged him and his forsaids to mak payment of the said summe to the supplicant, but longer delay, together with the summe of ten thousand merks of liquidat expences incaice of failyie, as the said band, containing therin diverse other obleidgements and conditions of the date forsaid, in the self mare fully proports; and inregaird since the decease of the said Sir Francis Ruthven, the said William Ruthven of Gairden, his brother and air served and retoured to him, and who is infeft in the saids lands and barronie of Ridcastell disponed to the supplicant, and likewise in the whole other estate and fortune which pertained to the said deceast Sir Francis Ruthven, hes alreadie alienated and dilapidate a great parte of the said estate, and intends still to alienat and dilapidat the remander thairof and to grant bands wherby the same may be comprised and evicted from him; [and] as lykwayes, had alreadie suffered his whole fortune to be comprised be severall creditors in manifest defraud of the supplicant anent the implement and fulfilling to him of the said disposition and band abovespecified, which is not in the supplicant's power to remeid or prevent be reason of the surcease of the ordinary course of justice which might and would undoubtedly tend to the supplicant's ruine, unles the honaurable estates of parliament would provyd remeid. Therfor, humbly desyreing that the said William Ruthven of Garden might be inhibited and his cornes, cattell, debts, summs of money etc. areisted in maner underwritten; [and this], with ane report made and given in to them be the commissioners appointed for trade and bills, wherby they upon consideration of the supplication and band abovewritten did conceave that the desire of the said supplication ought to be granted, as the said report lykways bears. And being with the said supplication, obligation and report, well and ryply advised, the estates of parliament aforsaid have approven and heirby approve the forsaid report and have granted and heirby grants warrand and command to maissers or messingers at armes, in his majesties' name and authority, to inhibite and discharge the said William Ruthven of Gairden that he on nawayes sell, annalie, wodset, dispone, dilapidate nor put away any of his lands, heretages, tacks, steidings, roums, possessions, reversions, goods nor geir, nor yet make any private or publict infeftments, sasines, alienations, assignations, resignations, renunciations nor other dispositions of the same, or any parte thairof, nor yet contract nor ontack debts nor summs of money, nor doe no other fact nor deid in prejudice of the said Francis Ruthen, supplicant, anent the implement and fulfilling to him of the forsaid disposition and band in the haill heads, articles, clauses, obleidgements and conditions respective therinspecified, and als in name and authority forsaid to inhibite and discharge all his majesties' leidges of this kingdome be open proclation at the mercat croces of [...] and other places neidfull, that they nor non of them presume nor take upon hand, directly nor indirectly, upon whatsoever culor or pretext, to buy, block, tak in wodset for long or short tacks fra the said William Ruthven any of his lands, heretages, houses, bigings, annualrents, reversions and others whatsoever, nor yet receave from him any private or publict alienations, dispositions, assignations, resignations or other right of the same, or any parte thereof, nor yet furnish or lend to him any summs of money be band or otherwayes wherby his lands and others abovewritten may be evicted and comprised from him in prejudice of the supplicant, as said is, with certification to all that does in the contrare the same shall be null and of no availl, force, strenth nor effect with all that hes followed or may follow therupon, and siclyk that in name and authority forsaid, fence and areist all and sindrie the said William Ruthven his cornes, cattell, debts, summs of money and others goods and geir perteaning and belonging to him, wherever or in whose hands the same may or can be apprehendit, to remaine under sure fence and areistment at the instance of the said Francis Ruthven, supplicant, ay and whill sufficient caution be fund for makeng the same furthcumand to the supplicant, as accords of the law. And also the saids estates of parliament doe heirby grant warrand to the lord clerk register or his deputs to registrat the abovewritten inhibition, with the executions thairof, in the ordinary register of inhibitions, and failyeng thairof in the registre of parliament, which they heirby declare to be als valeid and legall, to all intents and purposes, as if the same wer done conforme to the ordinary way prescryved be the act of parliament, provyding alwayes the same be execute and registrat within the due tyme prescryved be the said act.
[1661/1/107]*[print] [email] [cite] [preceding] [following]
The estates of parliament, conveened by his majesties' authority, takeing to their consideration a petition presented to them by Elizabeth Home, spous to Mr James Simpson, late minister at Airth, shewing that the petitioner's husband, being ane man of so small estate that he had not been able to mantaine himselff and his numerous family this halff yeer bygone, wanting the ordinary mean, viz. his stipend, which wes occasioned throw the sequestration of the same by order of the committie of estates, dureing the which time the supplicant had been redacted to great penurie and want, and with her poore family (most of them being seik all that tyme) had been necesssitat throw want to contract debt for the suppliement of their pressing misters, and haveing no way wherby to get thair oune neids supplied, nor their freinds, to whom they are obleidged, releived bot by the goodwill and pleasure of the saids estates in takeing the said sequestration aff her husband's stipend; and therfor, craveing that the said yeer's stipend and rests of preceiding yeers might be ordained to be payed to the supplicant. And, haveing also considered the report of the commissioners of parliament appointed for bills made theranent, to whom the same wes referred, and being therwith weell and ryply advised, the saids estates of parliament hes ordained and heirby ordaines the heritors, fewars, fermers, tennents, taksmen, rentallers, lyverenters and others lyable in payment of the minister's stipend within the said paroche, to mak payment to the supplicant of all bygones resting owing unpayed preceiding Mr James Forsyth, present minister, at the said kirk his entrie therto, and ordaines letters etc.
[1661/1/108]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently conveened by his majesties' authority, takeing to their consideration a petition presented to them by Mr George Nairne, minster at Bruntylland, shewing that by ane ordinance of the late committie of estates the supplicant's mantenance had been sequestrat, and he therby depryved of the ordinarie means of lyvelyhood for himselff and his family, a considerable parte of the same being at that time resting to him both of the yeer 1659 and of the yeer 1660; and therfor, craveing that the forsaid sequestration might be removed conforme to their accustomed clemency in the lyk caces; and also haveing considered the report of the lords and others commissioners of parliament appointed for bills, to whom the same wes referred, hes ordained and ordaines the heritors, fewers, fermowrers, tennents, taksmen, rentallers, lyverentars and others lyable in payment of the minister's stipend within the said paroche to mak payment to the said Mr George of his bygone stipend restand be them to him for the cropt 1659 and als for the cropt 1660 yeers, and that notwithstanding of the said sequestration, and ordaines letters of horning on 15 dayes etc.
The lord commissioner continewes the parliament till Wednesday at tuo hours in the afternoone, and all summons ut supra.