[1661/1/243]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the heigh court of parliament be James, earle of Airlie against Johne Mcintosh, alias Mccomie of Forthar, shewing that the supplicant's deceast father James, lord Ogilvie, haveing in the reigne of King James the sext raised letters of frie forrestrie and published the same and put them in execution conforme to the act of parliament made anent haining and keeping of forrests, and the supplicant lykwayes having raised the lyk letters of frie forrestrie in the reigne of King Charles the first, and caused messingers make publication thairof at mercat croces and paroch churches and put the same in execution conforme to the acts of parliament, the said Johne Mcintosh, alias Mccomie, upon ane secreit designe to incroach upon the supplicant's glen of Glascorie, commonly called Camlochan, did eat the grass of the said forrest, cut doun and destroy the growing trees and kill the roes and dears haunting and feiding therin at his pleasure, did in a subtile and craftie maner borrow ane sight of the saids letters of frie forrestrie and their executions from the supplicant, and gave ane inventar subscryved with his hand for redeliverie therof at ane certane day, wherin the said Johne Mccomie had failled and as yet would nowayes redeliver the saids writs, bot flatlie refuised so to doe, only presumeing that his said band beares not registration and that therthrow cannot be compelled to mak restitution of these papers without action, to the supplicant's heavie prejudice, especially considering that the saids papers and letters of frie forrestrie are of present use and neidfull to the supplicant for keeping his grasse, growing trees, dear and roes in Glascorie perteaning heretablie to the supplicant and James, lord Ogilvie, his sonne; and therfor, craveing that the said Johne Mccomie might be decerned to deliver to the supplicant the forsaids letters of frie forrestrie with their executions, conforme to his subscryved inventarie granted for that effect, within such certane short time and under such paine as they should think fit, as at more lenth is contained in the said supplication. Which action being called, the said James, earle of Airlie, persewer, compeirand be Mr Thomas Hamilton and George Lockhart, his procurators, who produced in presence of the saids commissioners the forsaid subscryved inventar made and granted be the said defender to the persewer, and the said Johne Mccomie, defender, compeiring personally with Mr George Mckenzie, his procurator, who produced the forsaid letters of factorie with the executions thairof, and alledged that he ought not to redeliver the same because be vertew of ane contract of alienation betuixt the persewer and defender, the persewer is obleidged to deliver to him the saids writs et quod frustra petit qui mox est restiturus; wherunto it wes replyed for the said persewer that he opponed the band and inventar subscryved with his hand for redelyverie of the same, to the which it wes duplyed for the said defender that the yeers wherin the persewer had libertie to redeim the said glen of Glascorie from the defender not being expyred the tyme of the granting of the saids inventars, as they are now, he could not be tyed be vertew therof to deliver the same his right to the said glen being now irredeimable and the writs his oune, which petition and inventary, with the defences, replyes and duplyes forsaids, with the report of the saids commissiors of parliament appointed for trade and bills theranent, to whom the said mater wes referred, being all heard, seen and considered in parliament, and the saids estates being therwith well and ryplie advised, his majestie, with advice and consent of the saids estates of parliament, have ordained and ordaines Mr Thomas Hay, clerk to the processe, to give up the forsaid letters of forrestrie with the executions thairof produced be the said defender in his hands, as said is, to the said persewer or his factors and doers in his name, and that notwithstanding of ane supplication given in by the defender craveing the same might be ordained to be delivered bak to him, and of his haill alledgeances abovewritten, which writs wer instantly given up be vertew of the forsaid ordinance to Johne Ogilvie, agent for the said persewer, upon his recept of the same extant in processe, reservand to the defender action for redelyverie therof to him befor the judge ordinar, as accords of the law.
[1661/1/244]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament be James, earle of Airlie and James, lord Ogilvie, his sonne, against Johne Mcintosh, alias Mccomie of Forther, shewing that be ane contract of alienation past betuixt the supplicant and the said Johne Mcintosh anent the alienation to him of the lands and barronie of Forther, ther is expreslie reserved to the supplicant the forrest and glen of Glascorie, commonly called Camlochan, lyand within the parochen of Glenyla and shirreffdome of Forfar, and bounded within the particular meiths and marches mentioned in the said contract, notwithstanding of the which reservation the said Johne Mcintosh, alias Mccomie, having great power with the late usurpers as their intelligencer and favourite, had these severall yeers bygone encroached within the meiths and marches of the said forrest, and had pastured yeerly thairon above fyvescore oxen and tuentie milk kyne, with diverse horses, for remeid whairof the supplicant intendit action of cognition of marches and molestation against the said Johne Mccomie befor the shirreff of Forfar founded upon the act of parliament, in which action ther being diverse disputs, ansers, duplys and triplyes made for either partie and set doun in writ, the same wes at lenth delivered to Mr David Nevay, shirreff deput of Forfar, to be advised be him, who, being readie to pronunce interloquitur therin, the said Johne Mccomie, be his said moyen and favour with the English usurpers, purchessed ane advocation of the said persute and produced the same befor the said shirreff depute therby, to stop and discharge him from any further proceiding therin, albeit upon most false and injust grounds, the said shirreff deput on nowayes in the least kything him partiall or favouring the supplicant therintill, since the production of the which advocation not only the forsaid action and persute had sisted and sleeped, bot also the said Johne Mccomie had continewed yeerly sensyn pastureing his goods and cattell upon the said forrest, and eiting and destroying the haill grasse thairof, to the supplicants' great hurt, prejudice and heavie oppression; therfor, craveing that the forsaid action of cognition of marches and molestation might be remitted bak to the said shirreff of Forfar and his deputs, as most compitent judges therto, and that they might be ordained to proceid therin and upon the cognition of the saids meiths and merches so far as the act of parliament did prescrive and allow, untill the finall decission of the saids actions, notwithstanding of whatsomever advocation purchest in the contrarie, and discharge advocation heirafter to be granted in the said mater seing, by the saids acts of parliament, all questions and differences anent marches of lands are to be cognossed, decerned and decydeit by the shirreff of the shire wher the lands lyes, and that justice might be administrat without further delay to the effect the supplicants might have satisfaction for their past damnage and peaceable possession of their rights and heritage in tyme to come, as at more lenth is contained in the said supplication. Which supplication, being red in presence of the saids commissioners of parliament appointed for bills, the said James, earle of Airlie and James, lord Ogilvie, his sonne, persewers, compeirand be Mr Thomas Hamilton and George Lockhart, their procurators, and the said Johne Mcintosh, alias Mccomie, defender, compeiring personally with Mr George Mckenzie, advocat, his procurator, his majestie, with advice and consent of the saids estates of parliament, haveing considered the said supplication and all the rights, reasons and alledgeances of the saids parties proponed in the said mater, and that the said defender nor his said procurator had proponed no reasonable cause why the desire of the said petition ought not to be granted, therfor his majestie, with advice forsaid, hes remitted and remitts the forsaid action of meithes and marches and molestation bak agane to the said shirreff of Forfar and his deputs wher the same tooke first begining, and ordaines them to proceid and administer justice in the said mater and upon the cognition of the saids meiths and marches, conforme to the acts of parliament made theranent, untill the finall end and descision thairof, as they will be anserable to God and our soverane lord upon the execution of their offices in that parte, and that notwithstanding of any advocation past in favours of the said defender in the contrarie.
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Our soverane lord and estates of parliament, takeing to their consideration a supplication presented to them by Johne Williamson, commissioner for the burgh of Sanquhar, in name and behalff of the said burgh, shewing that the said burgh of Sanquhar, being situat and builded upon the Water of Nyth, ane verie great considerable river, which, in the winter tyme, is nowayes pasable, at the leist dureing the tyme of any raine or storme, the bridge which wes therupon being now totallie fallen doun and ruined, which is verie prejudiciall, not only to the said burgh bot also to the haill cuntrie neir the same and all others who have occasion to passe that way, who sumtyme will be forced to stay three or four dayes er they can passe over the said water, and the said burgh, throw the calamities of the tyme and great sufferings they have had, are now redacted to such povertie as they are nowayes able to build up the said bridge which so much concernes the weill of the said burgh and the publict good of that cuntrie; and therfor, craveing ane recommendation to the severall presbetries within this kingdome upon this side of Forth for help and supplie for building up of the said bridge which so much concernes the well of the said burgh and all that cuntrie, and als seing such a contribution will be unconsiderable for so great a work, therfor, also craveing ane certane small custome to be payed at the said bridge for such yeers and aff such persones and goods as should be thought fit, and haveing considered ane testificat of verie many noblemen and gentlemen in the shire and circumjacent bounds, testifieing the necessity and conveniencie of the said bridge, and haveing heard the said Johne Williamson theranent who, in name of the said burgh, had undertaken the building of the same bridge within the space of tuo yeers, and haveing also considered the report of the commissioners of parliament appointed for bills and tradeing (to whom the said mater wes referred) theranent, his majestie, with advice and consent of the saids estates of parliament, have ordained and ordaines ane contribution and voluntar collection to be made and ingathered within all paroches, both in burgh and landward, on the south side of the water of Forth for building of the said bridge, and that either personally or parochially as the magistrats of the said burgh shall desire, and heirby seriously recommends to and require all noblemen, gentlemen, magistrats and ministers of the law and Gospell within the saids bounds to be assisting to the saids magistrats of Sanquhar for so good a work, and for ane liberall contribution for that effect. And seing it is expected that the forsaid collection will not be so considerable as to defray the charges of so great a work, therfor, his majestie, with advice and consent forsaid, hath given and granted and heirby give and grant to the said burgh ane custome to be lifted by them or any other they shall appoint for uplifting thairof for the space of tuentie seven yeers after the building thairof, at the rates following viz, for ilk footman or woman tuo pennies Scots, for ilk nolt, beast or single horse four pennies, for ilk horse with his load or rydder sex pennies Scots, and for ilk sheip tuo pennies Scots money, and ordaines all passingers whatsomever to anser, obay and make payment of the said custome at the rates abovewritten to the said burgh and their collectors thairof dureing the space abovementioned, but ony obstacle or objection whatsumever, with power to the saids magistrats to put this act to dew execution conforme to the tenor thairof in all points.
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Our soverane lord and estates of parliament, takeing to their consideration a petition presented to them be the baillies of Mussilburgh, for themselffs and in name and behalff of the councill and comunity therof, shewing that they are informed that his majestie hes been pleased to erect a companie for the trade of fishing within this realme and to indulge severall favours and immunities to the undertakers thairof and adventurers therin and they, being of purpose to outreik some bushes and boats for fishing in and about the coast and yles of this kingdome for this ensueing yeer, and being desireous to partake of his majesties' favour and benigne goodnes indulged to others in that kynd; therfor, craveing libertie and warrand to them to goe to the said fishing with their boats and bushes for this ensueing yeer, and to grant and indulge to them all the favours, imunities and priveledges granted to others in the lyk cace and condition. And haveing considered the report of the commissioners of parliament appointed for bills theranent, to whom the said mater wes referred, and finding the forsaid desire reasonable, therfor his majestie, with advice and consent of the saids estates of parliament, have given and granted and heirby give and grant full libertie, power and warrand to the saids supplicants, for themselffs and in name and behalff forsaid, and to their servants, fishers, boatmen and others whom they shall outreik to the effect abovewritten, to fish with their boats and bushes in and about the coasts and yles of this kingdome untill the first day of January nextocome 1662, and ordaines them to be preferred to strangers with boats and fishermen at all such places of the cuntrie wher they shall come, and to the buyeing of the cuntriemen's fishes at the ordinary rate ay and till their bushes be loadned, and heirby grant and give to them all further priviledge and immunities contained in the generall act made anent the said trade of fishing, and recommends to the shirreff, justices of peace and others whom it concernes to sie the act and ordinance abovewritten put in effectuall execution, conforme to the tenor heirof and the former acts made theranent, and the lyk favour granted to others in the lyk cace.
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Our soverane lord and estates of parliament, takeing to their consideration a supplication presented to them be William and Anna, duke and dutches of Hamiltoun, and the baillies of the toun of Hamilton, shewing that in tymes past ther had been only usually keeped in the said toun tuo yeerly fairs with ane weekly mercat on the Setterday, and finding the prejudices, alswell to the people next adjacent in the cuntrie about as to the said toun, throw the want of a publict fair in the begining of the spring tyme when the throng of the labouring of the ground is greatest, and so required ane conveniencie of buying and selling of work horses for plewing and labouring being the most parte arable ground about, as also throw the want of the lyk publict occasion of ane fair about the terme of Witsunday for making of sale of the commodities most frequentlie in readines to be made use and sale of by the cuntrie people to get moneys to pay thair maills and rents at the said terme, such as lining and other the lyk course handiework commodities ther abounding in considerable measure, and withall observeing the daylie inconveniences ariseing throw the weekly mercats being on the Setterday, wherby the people resorteing to it, are much occasioned in their returne homeward to be late in the night and sometymes to encroach on the Lord's day next ensueing and so scandalous to God's worship therin; humbly therfor craveing licence and authority for keeping of tuo publict fairs yeerly within the said toun of Hamilton in all tyme comeing, the one wherof upon the last Thursday of the moneth of January and the other upon the tuentie eight day of Junij, neither of which tuo fair dayes does incroach upon the dyets of fairs of any burghs or touns in that parte of the cuntrie, and als that the forsaid weekly mercat might be appointed to be changed from Setterday to the Frydday for avoiding and obviating the severall inconveniences and evells hitherto ariseing theron throw its being on Setterday, as said is. And finding the desire of the said petition reasonable, thairfor his majestie, with advice and consent of the saids [estates] of parliament, have changed and heirby changes the forsaid former weekly mercat from the Setterday to the Frydday in all tyme comeing, and also have given and granted and heirby give and grant to the supplicants the forsaids tuo frie fairs to be keept and holden within the said toun upon the dayes respective abovewritten yeerly, and recommends to the lords of his majesties' exchequer and director of his hienes['s] chancellrie to grant ane charter under the great seale accordingly.
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Forasmuch as Heleen Gibesone and Christian Blaikie have confest the abhominable cryme of witchcraft in entering into paction with the divell, renunceing their baptisme and many otherwayes, as their depositions under the hands of Mr Patrick Cook, minister, Williame Robertoun, baillie, Johne Hamiltoun, baillie, Johne Clerk, Robert Drumond and Hector Wood, elders of the paroche of Salt Prestoun, beares and it being necessar that the kingdome be purged of such vile sin and justice administrat upon the offenders; thairfor, the king's majestie, with advice and consent of the estates of parliament, gives full power and commission to Robert Cockburne of Butterdeane, Johne Hamilton of Falsyd, Johne Mcmorran in Prestoun, George Hepburne of Adiestoun, Niniane Hendersone in Prestoun, Ninian Rid, there, William Robertoun, baillie ther, Johne Hamiltoun, baillie ther, Mr Andrew Rutherfoord, schoolmaster in the Pans, Mr James Oswald, ther, Thomas Home and Alexander Hendersone, baillies ther, or any fyve of them, to meit at such tymes and places as they shall think fit and ther to affix and hold courts, call suits, amerciat absents and uplift unlawes and amerciaments, to creat clerks, serjands, dempsters and all other officers and members of court neidfull, and in the saids courts to call the said Heleen Gibesone and Cristine Blaikie and to put them to the tryell and knowledge of ane assise and, if they shall be fund guiltie, to cause justice be administrat and execute upon them conforme to the lawes of the kingdome, and to doe all other things which to the execution of this commission be the law and conswetude of the kingdome doth apperteane, and wheras Margaret Butter, Margaret Auchinmoutie and Margaret Hall are suspect and dilate guiltie of witchcraft, with power to the saids commissioners or quorum therof, as said is, to secure them and such others as are or shall be dilate guilty and to examine them and use all fair means for their tryell and bringing of them to a confession of their sins, and that with all conveniency they make report to the parliament, and in caice of thair not sitting to his majesties' privy councill, of their proceidings and tryell forsaid.
The lyk commission given against Jonnet Maisson and Margaret Barclay (the depositions being attested be Mr Robert Ker, minister at Hadingtoun) to Patrick Broun of Colstoun, Mr Alexander Hay of Baro, Mr Johne Butler of Kirkland, Mr Johne Dougall of Nunland, Mr Richard Cairnes of Pilmore, Patrick Young, late baillie of Hadingtoun, Alexander Swintoun, late baillie ther, and David Kyll, baillie ther, or any fyve of them, and als for secureing and takeing tryell of Elizabeth Crafford, Agnes Cuthbertsone, Jonnet Home, Cristine Waderstoun, Jonnet Wilsone, Catherine Coupland and Issobell Ker.
The lyk commission against Robert Crafford in Fisheraw, Heleen Cass and Bessie Doughtie, ther, to Sir William Murray of Newtoun, Sir James Ritchardson of Smeitoun, Robert Dobie of Staniehill, Mr Johne Prestoun, Major Johne Bigar, William Rig of Carberrie, Johne Jossie of Westpans, Thomas Smyth, Robert Ramage, and the baillies of Mussilburgh, or anie fyve of them, the baillies being alwayes tuo of the number, the depositions attested be Mr Oliver Colt, minister, Robert Strachan and Robert Douglas, baillies of Mussilburgh.
The lord commissioner continewes the parliament till Monday at eleven of the clock, and all summons ut supra.