[1661/1/221]*[print] [email] [cite] [preceding] [following]
Anent the supplication presented in parliament be Johne, lord Herreis against Johne Levingstoun, merchant burges of Edinburgh, aire to the deceast commisser William Levingstoun, shewing that the supplicant, being forfalted for his majesties' service in the late tymes of troubles, and commission granted for uplifting the rents of his lands within the stewartrie of Kirkudbright, which accordingly wes uplifted by the said deceast William Levingstoun, then their commisser, and the supplicant decerned also to pay ten thousand punds of composition for rescinding the forfaltour, the committie of estats then sitting in February 1648 did assigne and dispone to the supplicant all and whatsumever sums of money, casualities and others that had bein uplifted (by or under pretence of publict warrand) aff the supplicant or any of his vassalls' lands and estates and not compted for to the publict, as the assignation upon the thrid of February 1648 beares; and upon the fyft day of July 1648 the committie of estates did grant commission to the lairds of Lag, Almagill, Mouswald and to George Maxwell of Munshes, or any tuo of them, to be judges in the said mater, and to take exact tryell what hes been uplifted and to call for the accompts, and any persons befor them and to examine them theranent, and to call the collectors and examine witnesses and report, conforme wherunto, upon the penult day of December therafter, the saids lairds of Lag and Almagill and George Maxwell did make thair report and, inrespect of the interruption of the parliament 1648 by the troubles of that tyme and the incursions of the English in the yeer 1650, the supplicant could not get the forsaid report made, and the said commission and assignation advised and sentence pronunced conforme therto against the said William Levingstoun in his oune lifetyme, haveing deceast at Pearth in the said yeer 1650, and inrespect that the forsaid Johne Levingstoun is air served and retoured to the said William Levingstoun, and so is lyable to mak payment to the supplicant of the saids sums of money and others abovewritten; therfor, craveing the saids estates of parliament to take inspection of the said comission and report with the verifications thairof, and to advice the same and pronunce sentence and decreit against the said Johne Levingstoun as air to the said commisser William Levingstoun, according to justice. Which supplication, being red in presence of the saids commissioners of parliament appointed for bills, the said Johne, lord Herreis compeirand personally, who produced the forsaid assignation, commission and report with the haill instructions thairof abovementioned, and the said Johne Levingstoun compeirand also personally, with James Crichtoun of St Leonards, who declared that the said Johne wes content to pay to David Boyd, merchant burges of Edinburgh, in name of the said Lord Herreis, the summe of tuo thousand merks, (provyding the parliament should declare his payment thairof to David Boyd ane sufficient exoneration to him anent all areistments thairof used be whatsumever persone or persons in his hands) and to restore and discharge the said Lord Herreis of a ticket of tuo hundreth merks, with the haill bygone annualrents thairof granted be the said lord to the said deceast William, as also to releive the said lord of the sume of sextein hundreth merks alledged payed be the said William Levingstoun in name of the said lord to the earle of Wintoun, and to recover the said earle and his curators their discharge thairof betuixt and Mertymes next, or els to mak payment to the said noble lord at the terme of Mertymes next of the said sume of sextein hundreth merks. And the said Johne, lord Herreis personally present, as said is, declared that he wes content to accept, lykas he accepted of the saids offers and conditions in place of any thing he could crave of the said deceast William or of the said Johne, as air to him, his majestie and estates of parliament, haveing heard, sein and considered the said supplication, assignation, commission and report, with the haill instructions and verifications thairof and declaration and consent of both the saids parties given in in the said mater, and being therwith weill and ryply advised, his majestie, with advice and consent of the saids estates of parliament, and of consent of both the saids parties, decernes and ordaines the said Johne Levingstoun to mak payment to the said David Boyd, in name of the said Lord Herreis, of the said sume of tuo thousand merks, and to restore and discharge the said Lord Herreis of ane ticket of tuo hundreth merks with the haill bygone annualrents thairof granted be the said lord to the said deceast Williame, and als to releive the said noble lord of the said sume of sextein hundreth merks alledged payed be the said William Levingstoun in name of the said lord to the earle of Wintoun, and to recover the said earle and his curators their discharge thairof betuixt and Mertymes next, or els to mak payment to the said noble lord at the said terme of the said summe of sextein hundreth merks, and that in place and full satisfaction of any thing he can crave of the said deceast William or of the said Johne, as air to him, and decernes and declares that the said Johne Levingstoun his makeing payment to the said David Boyd of the said summe of tuo thousand merks is and shall be ane sufficient exoneration to the said Johne, at the hands of whatsoever persone or persons creditors to the said Lord Herreis areisters thairof in his hands, notwithstanding of their areistments.
[1661/1/222]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to his majestie and estates of parliament by Mathew Cumeing, merchant burges of Glasgow, against Johne and Ninian Andersons, merchants ther, shewing that the said Johne and Ninian Andersons, haveing preferred a bill to the late honorable committie of estates against the supplicants,† shewing that they had builded great houses and tenements within the said burgh neir the croce therof and, being totally brunt by the late burneing ther, had reedified the same and therby expended much of their means, and that the supplicant, haveing made purchesse of some old walls adjacent to their tenements, intendit to build up ane common closse and sidewall therto, and to obscure their whole lights, and to draw the mater befor the dean of gild of Glasgow, whervpon the said committie of estates, by their deliverance written upon the bak of the same petition of the date the tuentie day of September last, did remit and recommend to the provest, baillies and deane of gild of Glasgow, to call the parties before them and setle them in a freindlie way, and ordained ane maisser to summon the supplicant to compeir befor them incaice they should not agree; and the supplicant, in obedience therunto, being most willing that the forsaids differences should be satled in ane freindlie way by the said provest, baillies and dean of gild, yet the saids Johne and Ninian Andersons not only shifted the same, bot also never summoned the supplicant be vertew of their said order bot only intimat the same to the supplicant's workmen who, haveing them all gathered together and having provyded lym stone, timber and all other materialls, upon sight thairof, deserted the same, wherthrow the supplicant, being exceidingly prejudged, meaned himselff to the lord chancellour, wherupon he wes pleased to recommend the amicable decision of the saids differences to be decydit at home by the said provest, baillies and dean of gild that the committie of estates, haveing bussines of greater consequence, might not be troubled any further therwith, as the copie of the letter produced wold testifie. And seing the saids Johne and Ninian Andersons would nowayes setle the saids differences in maner recommendit by the said committie of estates and my lord chancellour, nor yet wold they insist against the supplicant in ane legall way in parliament, bot only, upon the intimation of their pretended order, retard the supplicant's work and workmen, he haveing all materialls provyded, wherthrow he is exceidingly prejudged and damnified; and therfor, craveing that the supplicant's work and workmen might be ordained to proceid and goe on in their said work, notwithstanding of their pretended order, or otherwayes to remit the differences betuixt them to be determined be the said dean of gild of Glasgow as being most compitent judges therto. Which action, being called in presence of the commissioners of parliament appointed for bills, to whom the said mater wes referred, the said Mathew Cumeing, persewer, compeiring personally with Mr George Mckeinzie, his procurator, who produced in their presence his instrument of sasine of his lands and walstead, and the saids Johne and Ninian Andersones, defenders, compeirand be Mr Thomas Wallace of Faill, thair procurator, the rights, reasons and allegations of either of the saids parties, with the said Mathew Cumeing, persewer, his said saseing, with the report of the deane of gild of Glasgow and his councill made in the said mater, in maner after mentioned, with the report of the saids commissioners of parliament appointed for bills made theranent, being all heard, sein and considered be the saids estates of parliament and they therwith, being well and ryplie advised, his majestie, with advice and consent of the saids estates of parliament, have inhibite and discharged and be the tenor heirof inhibites and discharges the said Mathew Cumeing to exceid the old marches in biging neirer the closs nor formerly the walls wer (without prejudice to him to bulde the same als heigh as he pleases), and that in his building heigher he doe not further cast out his biging then it is at the bottom, and ordeanes the magistrats and dean of gild of Glasgow to put the abovewritten decreit to dew execution, and ordaines the lyk to be done within the said burgh in such caces in all tyme comeing, becaus at the first calling of the said action the same wes remitted to the dean of gild of Glasgow and his councill that the work might goe on and be no longer retarded, notwithstanding of any former pretendit order, which remit being presented to the dean of gild and his councill of the said burgh, they made their report to the saids commissiors appointed for bills, that they fand great contrariety betuixt the saids parties and being most willing to have the mater composed, for this end they delt earnestly with the said Mathew Cumeing, bot finding him altogether refractorie so that they could make no kynd of reference for composeing thairof, and considering that the lyk practick had never fallen out befor within the said burgh as to any man to tak in ane haill calsayd closse for stopping of their nighbours' lights, and finding the said Johne Andersone to have above tuentie fyve lights in his land nearest to the closse and no light considerable fra any other arte, and that the said Mathew intended to build within fyve inches to the said Johne Anderson's haill lights, and that the said Mathew his intendit procedour could not bot be hurtfull and prejudiciall to his haill nighbours about throw takeing in of the said calsayed closse incaice of sudden fyre (as formerly), for these and many more the lyk reasons, thought good not to determine therintill, desyreing the lord commissioner's grace and estates of parliament to provyde ane remeid that the lyk might be preveined heirafter. Which report, with ane former report made be the said dean of gild and his councill to the said committie of estats theranent, shewing that the said Mathew would not condiscend to any amicable descision and that therform they wer necessitat to remit the same bak agane to the said committie of estates, together also with the report of the commissioners for bills made theranent, being all considered be the saids estates of parliament they inrespect thairof fand just ground to infer decreit to be given in the said mater in maner abovewritten, notwithstanding of the persewer's infeftment and of all that wes alledged for him in the contrare.
[1661/1/223]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the commissioners of parliament appointed for bills be Johne Lamb, merchant in Elgin, against David, Alexander and Williame Mures, lawfull sonnes to the deceast Quintein Moore, leiuetennent to the deceaveing troop under command of the English usurpers, who or one or other of them are aires to their deceast father, and David Knight in Kirriemure, their goodshir, and tutor Agnes Jonkine, relict of the said deceast Quintein and Alexander Achinleck, brother germane to Gilbert Achinleck of that ilk, now her spouse for his interesse, shewing that in the yeer 1654 the supplicant, out of his reall and loyall affection to his majesties' service, did engadge himselff with all the force and power he had or might command with the lord commissioner his grace, then generall to his majesties' armie within this kingdome, at which tyme the supplicant, being taken by the said Quintein Mure who did take from him the sume of three thousand merks Scots money with three horses loaded with tobacco, for the use of the army, and afterwards the said Quintein did carie the supplicant prissoner to Dundie and delivered him up to Collonell Cobbet, governour ther for the tyme, wher the supplicant lay fyve weeks prissoner and after that shipped to goe for Barbadoes, from whence he wes necessitat to releive himselff by payment of tuenty seven pund sterline of fyne to Collonell Cobbet, to the supplicant's utter ruine and detriment; and the supplicant now understanding that ther are certane great summs of money adebted and resting owing to the said Quintein Mure by diverse and sindrie persons within the shire of Angus, wherwith the supplicant cannot medle nor intromet unles ane warrand be granted for that effect, and without the which the supplicant, his wiffe and children will sterve and die for want; and therfor, craveing the aires of the said Quintein Mure and their tutors for their interesses might be decerned to mak payment to him of his losses and damnage abovewritten, as at more lenth is contained in the said supplication. Which petition being red in presence of the saids commissioners, the said Johne Lamb, supplicant, compeiring with Mr Johne Coninghame, his procurator, and the saids defenders compeiring be Mr George Mckeinzie, their procurator, all the rights, reasons and allegations of either of the saids parties, together with the depositions of diverse witnesses receaved, sworne and examined in the said mater, used for the parte of the said persewer for proveing of the said lybell, and the said persewer his oath and deposition taken theranent in maner underwritten, with the report of the commissioners for bills theranent, being all heard, seen and considered be the saids estates of parliament and they therwith, being well and ryplie advised, his majestie, with advice and consent of the saids estates of parliament, decernes and ordeans the saids David, Alexander and William Mures, and the said David Knight, thair tutor for his interesse, and als the said Agnes Jonkine and her said spous, for his interesse, equallie and proportionally betuixt them, to content and pay to the said Johne Lamb, persewer, the sume of one thousand merks Scots money presentlie modified be the saids estates in satisfaction to him of the haill sums of money, losses and others forsaids as followes viz, the sume of fyve hundreth marks be the saids bairnes of the said Quintein Mure and thair said tutor for his enteresse, and the other fyve hundreth merks in compleit payment of the said sume be the said Agnes Jonkine and her said spous, for his enteresse, becaus after that the saids estates had heard the haill defences in the cause proponed for the defenders, the first thairof foundit upon the act of indemnity, the second against the passive titles and the thrid in behalff of the tutor, with the replyes made be the persuer therto, and had repelled the forsaid first tuo alledgeances inrespect of the replyes made therto, they ordained the said David Knight his oath to be taken anent his tutorie who, being solemnlie sworne theranent, deponed that he wes named tutor and that he used and behaved himselff as tutor in so far as he medled with the houses in Kirrimure, and haveing considered the said oath they fand the forsaid lybell relivant, notwithstanding of what wes proponed for the parte of the saids defenders, and admitted the same to the said persuer his probation and a terme being assigned to him for proveing thairof, at the which terme he proved the same sufficiently be the deposition of diverse famous witnesses, receaved and sworne in the said mater, and the said Johne Lamb, persewer, his oune oath and juramentum in litem protested for sustained and taken in the said mater in suppliement therof, which damnage did extend to three thousand, three hundreth and sex merks, and the saids estates haveing therafter considered the mereits and circumstances of the cause, they modified the saids summs and losses lybelled to the sume aforefaid decerned, as said is, and thairfor gave their decreit in maner abovementioned, and ordaines letters etc.