[1661/1/405]*[print] [email] [cite] [preceding] [following]
The king's most excellent majestie, takeing to his royall consideration the great sufferings of many of his good subjects of this his antient kingdome for their loyaltie and affection to the royall interest, and particularly that the estates and rents belonging to James, duke of Hamiltoun, Williame, duke of Hamiltoun, Johne, earle of Crafford, James, earle of Callander, William, earle of Marishall, [...], earle of Kellie, Johne, earle of Lauderdale, Johne, earle of Loudoun, [...], earle of Seaforth, [...], earle of Atholl, [...], vicount of Kenmure, [...], lord Lorne, [...], lord Montgomerie, [...], lord Spynnie, [...], lord Cranstoun, [...], lord Sinclair, Thomas Dalzell, Johne, earle of Midletoun, [...], earle of Newburgh, [...], lord Barganie, Sir Thomas Thomson, James Edmistoun, [...], lord Naper, William, earle of Glencairne wer, by the late usurpers, forfalted, sequestrat and seized on wherby these persones wer not only disabled to satisfie the just interest of their creditors, bot for the tyme wer depryved of the ordinary means of lyveliehood for themselffs or their families and that, therfor, the difference doth now occur betuixt them and their creditors concerning the payment of the annualrents due in those yeers in which their rents wer seized or sequestrat, [and this] being of verie great importance and deserveing serious consideration, his majestie hath thought fit to continew the full descision and determination thairof to the next session of this parliament, and for the better cleiring of the same and all questions that may arise therupon, his majestie, with advice and consent of the estates of parliament, doth heirby give full power and commission, expresse biding and charge to Johne, earle of Rothes, president of his majesties' privie councill, Johne, earle of Tweddale, Sir Johne Gilmor, president of the session, Sir George Mckenzie of Tarbet, Sir James Lockhart of Lee, Sir Archibald Stirline of Carden, Sir James Dalrumple of Stair, Sir Robert Murray, Sir Andrew Ramesay, Sir William Thomson and such of the officers of estate as are not abovenamed and concerned in this act, to receave from the persones abovenamed, or any in their names, such papers, proofs or evidents as they shall offer for cleiring the sequestration, forfaltour and losse of their rents, and of all such bygone arrears of rents as wer sequestrated and uplifted from any of the saids persones out of their lands and teinds for the yeers preceiding thair saids forfaltours; as also, to heare such creditors as shall make application to them and what they shall offer upon the said mater, or for instructing what benefite or share the forsaids persones, or any in their name or to their behove, had of their rents or goods dureing that tyme; with power also to the saids commissioners to call before them, under the paine of horneing, all such persones who had any hand or imploymt concerning these forfaltours or sequestrations, and all other persones who gave information therin and to examine them therupon and cause them produce all such books, papers or accompts which may give any cleirnes in this mater; with power and order to them according, as after tryell they shall find, the tyme that any of the saids persones had their rents forfalted and sequestrate from them, to suspend all execution for annualrent of any bands granted be them or pensions not exceiding eight yeers to any of them. And in the mean tyme, untill and dureing the sitting of this commission, his majestie, with advice forsaid, suspends all execution for annualrents of any of the bands and pensions aforementioned fra the yeer 1650 to the yeer 1658, and declares that any suspension to be granted be the saids commissioners, be vertew heirof, shall stand in force untill the next session of parliament determine therin, and generallie with power to the saids commissioners to doe everie thing which may conduce to the prosecution of this commission and ends therof, and wch shall be consistent with the lawes of the kingdome. And it is appointed that the first meiting of the commissioners shall be in the begining of November, and the commission to endure vntill the first day of March next, in which tyme they are to perfyte and end the trust heirby committed to them, and to set doun a formall report under their hands what they find in the haill bussinesse, and as to each of the particular persones abovenamed to the next session of parliament, and who ever of the forsaids persons shall not in due tyme make their applications to the saids comissioners, they are not therafter to be heard or considered as to any ease of annualrents, but the law is to have its due course against them. And it is declared that nothing to be done heirupon shall prejudge any creditor of the forsaid persones of any annualrents they have receaved dureing these ten yeers be vertew of any voluntar transaction, nor any other voluntar transaction or condition betuixt them.