[1661/1/432]*[print] [email] [cite] [preceding] [following]
The lord commissioner produced a patent under his majesties' great seall, of the date the tuelff day of January lastbypast, creating Collonell Andrew Rutherfoord lord Rutherfoord of [...], which, being read in open parliament and the estates acknowledgeing his majesties' favour to the said Lord Rutherfoord, the lord commissioner delivered the said patent to the earle of Traquair, who, in absence of the Lord Rutherfoord, receaved the same upon his knee.
[1661/1/433]*[print] [email] [cite] [preceding] [following]
Our soverane lord, considering how necessarie and essentiall it is to the verie being and flurishing of kingdomes and nations that ther should be a nationall confidence among the people themselffs, and with those of other nations with whom they have correspondence and traffique abroad, and that the most effectuall and propper way to beget, cement and mantaine the same is that promises, pactions, obleidgements and debts be faithfullie performed and satisfied, without which ther can be no trust and consequentlie no societie, intercourse and commerce at home, and all trade and traffique with other nations will certanlie decay and cease, to the irreparable losse, rwine and discredite of the nation; yet the troubles and difficulties of the tyme being so great that it is fit some breathing tyme and encouragement should be given to the debitors for the better enableing them to keep their credite, and to take some effectuall course for payment of their debts; thairfor, his majestie, with advice and consent of the estates of parliament, statuts and ordaines that for all summs and debts contracted befor the terme of Witsunday 1658 yeers, and exceiding one thousand pund[s] Scots of principall, personall execution shall be forborne by the space of sex yeers to begin at Witsunday lastbypast in this instant yeer 1661, provyding that the debitors mak payment of one yeer's annualrent at Candlemes next in the yeer 1662, and that the residue of the bygone annualrents of the saids summs resting unpayed at Witsunday next shall become and be made a principall summe, and the debitor shall give security for the same to those who have right to the bygone annualrents, when they tak the benefite of the forsaid forbearance in maner aftermentioned, or at any other tyme they shall be demanded, which security to be granted for the said bygone annualrents made up in a principall summe shall bear obleidgment to pay annualrent for the same in maner and from the termes afterspecified viz, for a thrid parte therof from Witsunday next 1662 yeers, and for ane other thrid parte from Mertimes therafter in the said yeer, and for the last thrid parte from Witsunday in the yeer 1663 dureing the not payment of the said principall sume so made up, for which personall execution is to be forborne, as for the other principall summs, by the space forsaid of sex yeers after Witsunday last, and without prejudice of the security to be granted in maner forsaid. It is also declared and ordained that the said bygone annualrents are made up and shall be holden and esteemed principall summs, and that annualrents shall be due and payable for the same from the termes and in maner forsaid, and that execution shall follow at the instance of these who have right to the same upon and be vertew of their bands, contracts and rights and of this present act and ordinance in the same maner as if a new security wer alreadie granted in maner and of the tenor abovewritten. And notwithstanding of the premisses, it is heirby declared that the lords of session shall have power to grant and passe suspensions for summs not exceiding one thousand punds, upon such reasons as they shall think just. And where those who have right to bygone annualrents are only liverenters, and have no right to the stock and principall sume, it is ordained that it shall be lawfull to them to use execution for the whole bygone annualrents due to them as they might have done befor the makeing of these presents; and that the saids lords of session shall have power to grant and passe suspensions against the saids liverentars incace they shall find just grounds and cause for granting of the same. It is likewise provydeit that the benefite of the said forbearance shall only be granted and competent to such debitors as shall pay the said yeer's annualrent within the time forsaid, and shall betuixt and the first day of November compeir befor any of the lords of session with the clerk and declare befor them, upon oath, that their debts exceids the value of four yeers' rent of their estate perteaning to and possest by them, which declaration extracted under the hand of the clerk of register or his deputies shall be a sufficient security against personall execution, and for the which extract the clerk of register and his deputies shall have for their fies the sume of threttie-three shillings [and] four pennies Scots and no more. And it is declared that all persons who shall not by themselffs, or their tutors and curators, appeare and declare within the tyme and in maner forsaid, shall be excluded from the benefite of the forsaid forbearance, and shall never be reponed or admitted therafter upon any pretext whatsoever. And the benefite of the forsaid forbearance being granted to the debitors, or any of their cautioners upon the compeirance and declaration forsaid, shall only be personall for them and their heirs and others representing them, and shall not be extendit to those who are bund with them and lyable to the saids debts, wnles they also compear and declare that their oune propper debts and cautionrie for persons who have taken the benefite of this act exceids the value of four yeers' rent of thair estate, and that within the tyme and in maner forsaid. And for the more ease of the debitors, it is ordained that, incace within the tyme of the forbearance forsaid the debtor shall offer to the creditor a parte of his debt not being beneath or within the thrid parte of the whole summs due by him to the creditor for the tyme, the creditor in that cace shall be holden to accept of the said partiall payment and, incace of his refuseall, offer being made of a parte of the said summs, not within the proportion forsaid in presence of a notter and witnesses, the debitor, upon consignation of the same in the hands of the clerk of the bills, shall be frie of the annualrent of that parte of the said sum that shall be consigned in all tymecomeing after the consignaion forsaid. And wheras the legall reversion of compriseings wes formerlie limited for seven yeers, his majestie, for the reasons and with consent forsaid, is graciouslie pleased to extend the same to ten yeers in all tymecomeing; and statuts and ordaines that all compriseings alreadie deduced, and wherof the legall reversion is not yet expired, or which shall be deduced any tyme heirafter, shall be redeemable within the space of ten yeers after the date of the same, and all compriseings deduced since January 1652 yeers and wherof the legalls are expyred, and all compriseings deduced befor the said moneth of January 1652 yeers, and which wer not expired befor the said moneth of January 1652 yeers, shall be redeemable within the space of three yeers after Witsunday now lastbypast, notwithstanding the leggall reversions of the same be now expyred; and incaice the lands and others comprised exceid in yeerly rent and value the annualrent of the sums contained in the saids compriseings, and of the expence disbursed in obtaining infeftments therupon, and the debitor shall desire the creditor to possesse the lands and others comprised, it shall be lawfull to the lords of session, lykas the saids lords are heirby impowered and authorized, upon a supplication to be made to them by the debitor and citation of the comprisers, to appoint the apprisers to possesse such of the saids lands and others dureing the legall reversion as the saids lords of session shall think just and reasonable, the saids debitors alwayes giveing possession to those who have right to the saids compriseings and ratifieing their possession alreadie apprehended by them (if any such possession they have) of such of the lands and others as the saids lords of the session shall appoint, not being beneath in yeerly rent and value of the annualrents abovementioned, or otherwayes giveing to the creditors (whither they have possession or not) sufficient security at the sight of the saids lords for payment of the saids annualrents dureing the tyme forsaid, the saids lords of the session haveing alwayes power to determine whither in the caces forsaids the debitor shall give surety to the creditor for his annualrents, or the debitor, not being able to give surety, the creditor shall be obleidged to take possession of the debitor's lands, and if the lords of session shall appoint, in the cace forsaid, the creditor to be possest for his annualrent, then and in that cace the debitor shall be holden to deliver the evidents of the saids lands to the creditor or transumpts therof, provydeing alwayes that the creditor's right be vertew of the saids compriseings be nowayes prejudged after expireing of the same, and that the wole lands and others both, such as shall be possest by debitor, and the remanent of the lands and others contained in the saids compriseings shall pertaine to the creditor irredeemably. And because oftentymes creditors inregaird they live at distance or upon other occasions are prejudged and preveened by the more tymeous diligence of other creditors, so that befor they can know the condition of the common debitor his estate is comprised, and the posterior comprisers have only right to the legall reversion, which may and doth often prove ineffectuall to them, not being able to satisfie and redeem the prior compriseings (thair means and money being in the hands of the common debitor), thairfor it is statute and ordained that all compriseings deduced since the first day of January one thousand, sex hundreth [and] fiftie-tuo yeers befor the first effectuall compriseing or after, but within yeer and day of the same, shall come in pari passu together as if one compriseing had been deduced and obtained for the whole respective summs contained in the forsaids compriseings. And it is declared that such compriseings as are preferable to all others, inrespect of the first reall right and infeftment following therupon or the first exact diligence for obtaineing the same, are and shall be holden the first effectuall compriseing, though ther be others in date befor and anterior to the same; and the forsaid benefite given and introduced heirby in favours of these whose compriseings are led within the tyme and in maner forsaid is only granted and competent in the cace of compriseings led since the first day of January 1652 yeers and to be led after the date of thir presents, and for personall debt only, without prejudice alwayes of ground annuells, annualrents due vpon infeftment and other reall debts and debita fundi and of compriseings before of lands and others affected therwith, which shall be effectuall and preferable, according to the lawes and practick of this kingdome now standing. And it is also provydit that the creditors haveing right to the first compriseing (except as is above excepted[)] shall be satisfied by the posterior comprisers claimeing the benefite forsaid of the whole expence disbursed by them in deduceing and expeding the said first compriseing and infeftments thervpon. And further, for obviateing the frequent and fraudfull practise of the appeirand heirs of debitors who are in use to acquire the right of expyred compriseings and, by vertew therof, to enjoy and possesse their predicessor's lands and estate to the prejudice and defrauding of the posterior compriseings and other creditors, it is statute that incace the appearand air of any debitor or any other confident person to his behove shall at any tyme heirafter acquire the right of ane expyred compriseing alreadie deduced, or which shall be led and deduced heirafter, the said right shall be redeemable from the appearand heir or the said confident person their heirs and successors within the space of ten yeers after the expyreing of the said right by the posterior comprisers, upon payment allenerlie of the sums truelie payed and given out for buying and acquireing the saids rights, at the least so much therof as shall be resting unsatisfied for the same by the intromission of the appearand heir or of the said confident person or their forsaids. And his majestie, with consent forsaid, doth declare that the benefite forsaid introduced heirby anent compriseings shall be extendit to adjudications for debt, so that the creditors, at whose instance the same are obtained, and those who have right to redeem the same, shall be in the same cace as to the benefite forsaid as if the said adjudications for debts wer compriseings. And incace a creditor against whom the benefite of the forsaid forbearance of sex yeers shall be taken, or who hath led or shall leid a compriseing against the debitor, shall think fit and be willing and desireous to take his debtor's lands or other estate, or any parte therof for security or payment and in satisfaction of his debt, then and in either of these caces the debitor shall be holden to give security out of his lands and other estate, or to sell the same to the creditor at the sight of the lords of session, with such warrandice and at such rates and pryces (if the creditor be content to buy) as they shall appoint, with certification that otherwise the debitor refuiseing or failing shall lose and forfalt all benefite introduced in favours of the debitors by this present act as if it had never been made. And inregaird some persons may have taken advantage of the late times and troubles, by takeing and acquireing propper wodsets of lands and others exceiding the annualrent of the sums lent upon the same, and provyding, nevertheles, by the right of the forsaids wedsets and expresse provisions therin, or by writ, a parte that they should not be lyable to any hazard of the fruits, tennents, war or troubles, his majestie, with consent forsaid, statuts and ordaines that all such wodsets granted since the yeer 1649 shall be restricted to the ordinary annualrent of the sums wherupon the same are redeemable, and the saids wodsetters shall be comptable for the superplus of the maills and dueties and other benefite of the same, exceiding the annualrent of the saids sums, and the same shall be imputed and ascrybed in satisfaction of the said principall summs pro tanto; and incaice any such barganes and rights shall be made and acquired heirafter, his majestie, with consent forsaid, declares the same unlawfull and usurarie, and the contraveeners shall be punished severlie as usurers, conforme to the lawes and acts of parliament against okerers and usurers. And as to propper wodsets granted since the tyme forsaid, wher the creditor undergoes the saids hazards, and the same are affected with the ordinar provisions and clauses irritant, incaice of not payment of the sums given out and due upon the saids wodsets, at the termes and in maner mentioned in the saids rights; albeit the saids wodsets and provisions be lawfull, yet his majestie, considering and haveing respect to the difficulties of the tymes, statuts and ordaines with consent forsaid that the saids clauses irritant shall not take away the heritor's right, they alwayes redeeming within the space of fyve yeers after Witsunday last. And incaice the debitors conceave that they have disadvantage by the saids propper wodsets, and shall desire to redeem the same, it shall be lawfull to them to redeem at any terme of Witsunday or Mertymes they please, notwithstanding of any provision to the contrair in the said wodset rights or any other right aparte suspending the redemption thairof. Lykeas, it is declared that the clauses of requisition contained in propper wodsets granted since the yeer 1649 shall be effectuall and nowayes suspendit nor prejudged heirby, but prejudice alwayes to the forbearance of personall execution in maner abovewritten. And wher the creditors and wodsetters have transacted with their debitors and have acquired irredeemable rights for and place of their former wodsets, it is ordained and declared that when and at what time soever the saids wodsets wer granted, whither befor or since the yeer 1650, the saids transactions and irredeemable rights acquired by the creditor befor the same are and shall be valeid and effectuall, and shall nowayes be prejudged be these presents. And further, his majestie, with consent forsaid, doth declare that incaice any debitors have, by volunter agreement betuixt them and their creditors or any of them, renunced the benefite of any acts of this nature concerning debitor and creditor, made or to be made, the said agreement shall be of force and effectuall, and shall not be prejudged heirby, without prejudice alwayes to the said debitor of the prorogation forsaid of the legall reversions of compriseings led and deduced against them and not as yet expyred, notwithstanding of the agreement and renunciation forsaid. And because befor the yeer 1650, when money past at eight or ten per centum, diverse propper wodsets wer then made and granted and are yet unredeemed, and since the begining of January, one thousand, sex hundreth and fiftie ther be diverse persons who, takeing advantage of the tymes, refuised to lend their money wnles they got propper wodsets of lands and teinds at extraordinary advantages to the heavie prejudice of the debitors, theifor, his majestie, with advice forsaid, statuts and ordaines that in tymecomeing dureing the not requisition of the soumes wherupon the saids wodsets are redeemable, and dureing the not redemption of the same respectivelie, if the debitors shall give sufficient security to the wodsetter for payment of his annualrent dureing the not redemption or not requisition, as said is, in that cace the creditor wodsetter shall be holden to renunce and quyt his possession of the saids lands and teinds in favours of the debitor and others haveing right from him, at least if the wodsetter shall be content to reteane the possession of the same, in that cace all the frie proffeits and rents which he shall have or uplift out of the saids lands shall be restricted to sex per centum yeerlie of frie money, and the wodsetter shall be countable to the debitor, or others haveing right from him, for the superplus, and that without prejudice of the wodsetter's reall right and infeftment, ay and whill the lands be redeemed and the principall summe wherupon the same is redeemable shall be satisfied. It is alwayes provydit that wher any creditor hath had losse by his possession of the wodset lands and others since the date of his wodset, so that he hath not receaved as much frie rent as communibus annis hath extended to the annualrent allowed be law for the tyme, all charges and burdens being deduced, in that cace it is provyded that the wodsetter shall be first satisfied of what he wants befor he quit his possession of the said wodset lands, or be holden to accept security for his annualrents; and it is declared that in the account of the wodsetters bygone losse, ther shall be allowed what he hath disbursed upon reparation and building of tennents' houses, milns and for the advantage of the ground, and generallie all other expence which the wodsetter wes put to, and what losse he sustained in reference to the said wodsetlands, rights and securities therof any maner of way, and what he hath lost by quarterings, cesse, waste land, depaupered tennents, or by tennents who wer not able to pay, unless the ground should be casten waste, and becaus the wodsetter's probation of his said losse may be difficile, he not conceaveing that ther should be necessity for any such count, or that ther should be any alteration made in the right and possession of his propper wodset, therfor, his majestie, with advice forsaid, doth allow the lords of session to take such reasonable probation as in equity they shall think fit, and if ther be any deficiency to tak the wodsetter's oath in supplement. And wher the wodsetter is in naturall possession of the wodset lands by duelling theron or labouring the same with his oune plough and goods, or otherwayes haveing the same plenished with his saids goods, in that cace he shall not be holden to remove from his said possession, but at the ordinary terme of removeing, and that he be lawfullie warned fourty dayes before and after sufficient security shall be made to him in maner abovespecified befor the said warneing. And his majestie, haveing granted so much favour, benefite and indulgence to debitors as the lyke cannot be shoune to have been granted at any tyme in this kingdome, doth declare, statute and ordaine that the lawes and practick of the kingdome concerning debts and payment therof and diligence and execution for the same, and concerning propper wodsets wher the creditor wodsetter hath the hazard of fruits, tennents, war and others, shall be observed inviolablie and be of full force, vigour and effect in all tymecomeing, excepting so far as the same is altered, innovat and repealled be this present act.
[1661/1/434]*[print] [email] [cite] [preceding] [following]
The king's majestie, with advice and consent of the estates of parliament, hath thought fit, upon diverse good considerations, to reduce, lykeas heirby they doe reduce, the annualrents of all money within this kingdome to sex for the hundred yeerly in all tyme comeing, and declares the said sex for the hundred to be frie of all retention or other publict burdens whatsoever.
[1661/1/435]*[print] [email] [cite] [preceding] [following]
The lord commissioner produced a letter direct to him from the king's majestie, which, being read in open parliament, the same wes appointed to be recorded in the books of parliament, wherof the tenor followes.
Suprascribitur, Charles R[ex]
Right trustie and right wellbeloved cousin and councellor, wee greet yow well. Wee haveing vpon speciall consideration thoght fit to grant our full pardon to Mr James Innes of Sandsyd for any complyance he hath had or been accessorie to with the usurpers, doe heirby make knoune our resolution to yow that he be not troubled nor called in question for the same, in any time comeing, and that these presents be recorded and ane extract therof given to him. And so wee bid yow hartily fairwell. Given at our court at Whitehall the 28 day of Junij 1661, and of our reigne the 13[th] yeer.
By his majesties' command, subscribit Lauderdaill.
[1661/1/436]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering that many well affected persons and fatherles children, hospitalls and others are concerned in the greatest parte of their fortunes and lyveliehoods by the persons forfaulted in this parliament who, befor the committing of the crymes for which they wer forfaulted had the fortunes and estates of the saids persons entrusted to them and in their hands, so that unles some regaird be had as to the satisfaction of their debts, many honest families and innocent persons of all conditions will be brought to rwine and beggerie, and the parliament being confident of his majesties' justice and his tender care of the good of his people, doe therfor recommend to his majesties' commissioner to represent the same to his majestie that, in the disposall of the forfaltors, respect may be had to the satisfaction of the just and lawfull creditors and, that his majestie may have a right accompt therof, comission is given for takeing ane exact tryell of the creditors' clames and the grounds therof, and a report of the same is, with all diligence, to be returned to his majestie.
[1661/1/437]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the yeer 1650, when invitations wer made to the king's majestie for his comeing home to the government of his kingdome, Sir Johne Wauchope and Sir Johne Smith, to testifie their cheerfulnes in that affair did, when other means failled and wer obstructed, freelie advance out of their oun fortunes severall sums of money for defraying the expence in that imployment and, therafter, the said Sir Johne Smyth, upon his oune credite, did provyde for the use of the king's armie certane proportions of armes of all sorts and victuall without which, in all probabilitie, the army had not been able to march; the consideration of all which and of Sir Johne Smyth's readines at that time to advance his majesties' service, moved his majestie, with advice and consent of his estates of parliament, in December 1650 yeers to lay upon him the office of commissary generall to the armie, with this expresse declaration, that the kingdome should be debitor to him and his airs for all such sums of money as he had or should give out for the publict use and whairof he should not receave readie payment be his intromissions and, in order therunto, commission wes given to him for ingathering and uplifting those eight moneths' mantenance then appointed to be raised out of the moneths of December 1650, January, February, March, Aprile, May, June and July 1651 yeers, in discharge of which commission and for the necessarie use of his majesties' armie, Sir Johne wes necessitat to give out severall summs of which he hes not gotten as yet the payment, being, by the fatall changes that fell out at that time, stopped in uplifting of those moneths' mantenance appointed for that use. And his majestie haveing, after his happie returne to his royall government, taken the same to his consideration, did seriouslie recommend to the committie of estates to take course for his satisfaction and that all the orders and assignements granted to him for that end should be made effectuall; in obedience whairof his accompts being, by order of the committie, exactlie perused and stated, the debt owing to him is restricted to the sume of one hundreth thousand pund[s] Scots, tho according to the accompts the same will extend to tuentie four thousand, fyve hundreth [and] tuelff punds, fyve shillings [and] eight pennies more. And the king's majestie, considering that be positive acts past in his royall presence the said Sir Johne hes right to the uplifting of those eight moneths' mantenance, and that the kingdome is still obleidged as debitor for what is owing to him, doth conceave that in justice he should not be any longer stopt but incouraged and allowed in the raiseing of the means appointed for his repayment and releiff, bot withall remembring that diverse summs of money wer reallie advanced and given out by Johne, earle of Midletoun in his majesties' service in order to and for the promoveing of that just and necessar engagement undertaken in the yeer 1648 for releiff of his majesties' royall father out of prissone and for his restitutione to his royall government, the repayment of which summs of money wes obstructed and stoped by the violence and injustice of those who, after August 1648 yeers, usurped to themselffs the publict authoritie of the kingdome. And his majestie conceaveing himselff obleidged in honour and justice to see the sums of money undertaken for the service of his royall father repayed doth, therfor, with advice and consent of his estates of parliament, appoint and ordaine that the rests of these eight moneths' mantenance abovementioned shall be burthened with the payment of fourty thousand pund[s] Scots as a parte of the sums of money due to the said earle of Midletoun; and therfor his majestie, with advice forsaid, doth heirby give order, commission and command to Sir Alexander Durhame, lord lyon, and the said Sir Johne Smith and thair subcollectors, to raise and uplift what is resting owing unpayed of the said eight moneths' mantenance in the severall shires and burrowes of the kingdome. But because diverse of the saids shires and burghs wer at that time destroyed or overburthened be these English who invaded the kingdome, his majestie, with advice forsaid, hes thought and accordingly doth heirby grant unto them the abatements following viz, that the shires of Berwick, Edinburgh, Hadingtoun and Linlithgow, and the burghs therin, inregaird of their knoune vastation to be enteirly freed and exempted from these eight moneths' mantenance; that the shire of Lanerick be exempted of tuo parts and be only lyable for a thrid parte; that the toun of Glasgow be exempted of three parts and be only lyable for a fourt parte; that the shires of Air and Ranfrew, and burghs therin, be exempted of one halff and be lyable for the other halffe, provyded alwayes that the benefite of the exempted halff be not extendit to those who joyned in armes with Ker [and] Strauchan and did not acknowledge his majesties' command; that the shire of Peibles, and burghs therin, be exempted of the thrid only and be lyable in the other tuo parts; that the shires of Roxburgh, Selkirk and Dumfreis, and the burghs therin, be exempted of a fourt parte and be lyable for the other three parts, and inregaird that the shires of Fiffe, Kinrosse, Stirline, Clakmanan, Pearth, Forfar, Kinkardin, Aberdein and Bamff, and the burghs therin, did in the tyme beare and undergoe burdens far greater then their proportions of the forsaid mantenance, they are enteirlie freed and exempted from the same. And it is appointed and declared that all other shires and burghs of the kingdome are lyable for what is yet resting owing be them unpayed of the said eight moneths' mantenance, and if any parte of these moneths' mantenance have been payed be the shires and burghs to the collectors† be lyable for the same and make compt and payment therof to the said Sir Alexander Durhame and Sir Johne Smyth; and to the end that the same with the rests therof may be the more speedilie collected and disposed of for the use forsaid, his majestie, with advice and consent forsaid, ordaines letters of horning upon fiftein dayes' poinding and others necesser to be direct at the instance of the saids Sir Alexander Durhame and Sir Johne Smyth and thair subcollectors against the heritors, lyverenters, wodsetters, collectors and others adebted in payment of the said eight moneths' mantenance, ilk ane of them for their oune parts of the same, so far as they are resting in maner forsaid, and that no suspension be granted bot upon consignation, provyded alwayes that no singular successor who hes bought lands since the time of these rests shall be lyable in the payment of these rests for these lands so bought except they be particularly obleidged therto. And his majestie, with advice forsaid, ordaines that fourty thousand pund[s] Scots of the first and readiest shall be uplifted of the saids rests be vertew heirof be payed to the earle of Midletoun, his aires and assignays as aforsaid, and therafter Sir Johne Smyth is to reteane in his oune hand the sume of one hundreth thousand pund[s] Scots, for the payment of the which to him, his aires or assignayes the said mantenance, with reservation to the earle of Midletoun as aforsaid, is heirby declared lyable to be burdened; and further, the summe of four thousand pund[s], at the least so much therof as after just compt shall be fund still due to him and not payed, is to be payed to Alexander Bower in Dundie for victuall furnished be him to the king's armie. Lykeas the said Sir Alexander Durhame and Sir Johne Smyth are heirby ordained to use all diligence for bringing in of the same and imploying it, as said is, for which diligence, as also for their intromission and for the superplus what they shall receave mor nor the sums of money abovementioned, they are to be comptable to his majestie and the next session of parliament, collector fies and necessar charges to be depursed in collecting thairof being allowed.
[1661/1/438]*[print] [email] [cite] [preceding] [following]
Our soveran lord and estates of parliament, considering that Sir Johne Weyms of Bogie, being appointed commissarie generall and thesaurer to the armie that wes raised in the yeer 1648 for releiff of his majesties' royall father out of prisson, and for his restitution to his royall government did, from his zeale and affection for promoveing of that engadgement, engadge in severall sums of money for which the kingdome wes then debitor and gave band to severall persons for sums advanced in that service, wherof he wes, be tuo severall acts of parliament in Aprile and May 1648, appointed to be releived and repayed out of the monethlie mantenance granted and imposed at that time, and that he wes interrupted in the collecting thairof by the prevalencie of a partie who, contrarie to all law, justice and the duetie of good subjects, did ryse in armes in opposition to that necessar and honorable engadgement and, haveing usurped to themselffs the publict authority, did among their other unjust and unlawfull practises thrust the said Sir Johne Weymes from his imployment aforsaid, and the means appointed for his releiff of the sums so seasonablie and dewtifullie advanced and engadged for, as said is; and his majestie, considering that in honor and justice the said Sir Johne Weymes and others interessed with him and eminently engadged at that time in advancements for his majesties' service should be redressed and, so far as is possible, reponed to that releiff which by the parliament wes appointed for them, doth therfor, with advice and consent of the estates of parliament, heirby give warrand, power and commission to Sir Alexander Durhame, lord lyon, and the said Sir Johne Weyms and thair subcollectors, to uplift and collect what is resting in the hands of any person or persons of the monethly mantenance imposed and layed on in any meiting of parliament or committies dureing the time that the said Sir Johne Weymes wes generall commissary, or which wer uplifted and remaines yet in collectors' hands, or which wes remitted or allowed to any shire, burgh, person or persons be any act of any pretendit committie after August 1648, or of any pretendit parliament or committie in the yeer 1649, and more particularly with power to them to uplift these eight moneths' mantenance, from the last of February 1648 to the first of November therafter, from the shires of Air, Ranfrew, Lanerick, Dumbartan, Wigtoun and Kirkudbright, and burghs therin, and from all other shires or burghs, persone or persons that wer exempted be any act of the said pretendit parliaments or committies, under the name and notion of well affected, or for opposeing of that Engadgement 1648 or any other publict service, in order therunto or for any other cause whatsoever and which then wes, and yet is unpayed by them or anie of them, or which remaines uncounted for in collectors' hands, or wes remitted to them be any of the saids pretendit meitings or wes applyed be the collectors to the use of any private persons under the notion of well affected, by order of ane act of a pretendit parliament of the tuentie thrid of February 1649, or which wes receaved bak be any such persone or persons from the collectors of the saids eight moneths' mantenance upon the account forsaid; as also, with power to them and their subcollectors to receave and uplift any mantenance resting in the hands of collectors or subcollectors, or that stands resting by staited accompts upon any shire, burgh or persone, or for which any person hes given band or subscryved accompt or any obligation by writ to any collectors or subcollectors, or whair whole shires, burghs or parishes did not pay any mantenance at all and so are notourly knoune to be resting any mantenance dureing the tyme of the Lord Humbies being genarell commissary. And his majestie, considering that ther be diverse summs of money owing to Johne, earle of Midletoun, and which at severall necessar occasions wer advanced be him out of his private fortune for promoveing his majesties' service, thairfor his majestie, with advice forsaid, ordaines the saids Sir Alexander Durhame and Sir Johne Weyms, out of the first and readiest of the saids collections, to mak payment to Johne, earle of Midletoun, his aires or assignayes, of the sume of threescore thousand pund[s] Scots, with the annualrent therof fra the date heirof untill the repayment therof, and that in satisfaction pro tanto of the sums resting to him as said is; and in the next place the said Sir John Weyms is heirby impowered to reteane in his oune hand the sume of tuentie-nyne thousand, nyne hundreth [and] tuentie-sex pund[s] Scots owand to him for money advanced by him to the army in his majesties' service in the yeer 1648, with the bygone interest therof, and whill he be payed of the same; and in the thrid place the earle of Crafford Lindesay, lord thesaurer, is to be payed of the sume of fourtein thousand, one hundred [and] threttie-three punds Scots, with its interest, which wes advanced by him and is due conforme to ane act of [...] of the date the [...] day of [...] 16[...] yeers; and in the fourt place it is appointed that the said mantenance to be collected be vertew of this act shall be imployed for payment to the aires and executors of Sir Alexander Hamilton, generall of the artillarie, and Sir James Fraser of Bray the summe of tuentie-nyn thousand, sex hundreth [and] fourty-four pund[s] resting and due to them, conforme to the publict acts made to them therupon with the bygone interests therof, and for which the said Sir Johne Weymes, being commissary generall for the tyme, did give his band at the least each of the saids persons in their respective orders to be payed of the saids sums be the said Sir Alexander Durhame and Sir Johne Weyms according to their intromission, for which only they are to be ansuerable and no further, deduceing collectors' fies and necesser charges to be depursed in collecting thairof; and as to the superplus, if any shall be, that they mak payment therof according as orders shall be given be the lords of his majesties' privy councill who are heirby impowered to call in for the accompts of what shall be receaved be vertew of this act, and to give their orders for the superplus and discharges therupon. It is alwayes declared that this act and any thing thairincontained shall be without prejudice to William, lord Cochrane of his payment of the sume of tuentie thousand, nyn hundreth pund[s] Scots by and out of the mantenance of the shires of Air, Ranfrew, Wigtoun and Kirkudbright due for the moneths of August and September 1648, which sumes wes given out be him for advanceing of the Engadgement for his majesties' releiff in the yeer 1648, and is due be acts past at that time and according wherynto his majestie, with advice forsaid, doth ordaine the readiest of the saids tuo moneths' mantenance for the forsaids shires of Air, Ranfrew, Wigtoun and Kirkudbright to be applyed for his payment of the sume abovewritten of tuentie thousand, nyne hundreth pund[s] Scots and no otherwayes. And forasmuch as James, earle of Calander, Johne, lord Barganie, Sir James Dundasse, Sir Archibald Sydserff and Robert Fleeming, for their affection and zeale in promoveing the Engadgement 1648 and for their acting therin by publict orders of these that caried on that ingadgeinent, wer therafter forced by these who usurped the power that yeer to lay out and pay tuelff thousand punds Scots, each of them their proportionall parte, for the fraught of ships imployed in the publict service that yeer, and for which the mantenance of the moneth of October in that same yeer wes designed, and his majestie finding it just that they should be repayed of the same doth, therfor, assigne the first and readiest of the mantenance due for the moneth of October 1648 to be applyed for the payment to them of the said sume of tuelff thousand pund Scots, any thing in this act to the contrarie notwithstanding, and ordaines present execution to be used for the same in the same maner as for the other sums and rests of other moneths abovewritten; and as to the annualrent of the said sume and the other to the Lord Cochrane, it is recommendit to the lords of privy councill to take such course therin as they shall think fit, the former sums contained in this act being alwayes first payed. And to the end that the mantenance aforsaid and rests therof may be more speedily collected and disposed of for the use aforsaid, his majestie, with consent forsaid, ordaines letters of horning upon fiftein dayes, poinding and other necesser, to be direct at the instance of the said Sir Alexander Durhame, Sir Johne Weymes and their subcollectors against the heritors, liverenters, wodsetters and others adebted in payment of the saids rests and bygone mantenance for payment therof, ilk ane of them for their oune parts of the same so far as they are resting in manner forsaid, and that no suspension be granted but upon consignation. It is alwayes provydit that no singular successor who hes bought lands since the time of these rests shall be lyable in the payment of these rests for these lands so bought, except they be particularly obleidged therunto, and it is appointed that the quarterings which wer be order and conforme to ane act of the nynt of May 1648, and no other quarterings, are to be allowed out of the rests of the mantenance aforsaid, and the lords of session to be judges in cace of variance upon the probation of payment, consignation being made, as said is, incace of any suspension. And farder his majestie, considering that the said Sir Johne Weymes had given band for severall sums contained in the superexpences of his accompts and that it is unjust that he should be lyable for the same whils the means alloted for the payment of these superexpences are taken from him, and that be acts in December 1648 and renewed in the yeer 1649 he wes freed and exonered of the saids bands at lenth mentioned in the saids acts, thairfor his majestie, with advice and consent forsaid, doth frie and exoner him, his aires, executors and successors of the saids bands and declares the same and the sumes therincontained to be a publict debt in tymecomeing.
[1661/1/439]*[print] [email] [cite] [preceding] [following]
The estates of parliament, takeing to their consideration a supplication presented unto them be James, earle of Callander, James, lord Forester, Johne Murray of Polmais, Sir William Levingstoun of Westquarter, William Levingstoun of Langtoun, Normand Levingstoun of Milnehill, the aires of umqhile James Levingstoun, portioner of Falkirk, Sir William Callander of Durrator and several other gentlemen of the shire of Stirline mentioning that they, being imployed in the Engadgement 1648, for his majesties' releiff out of prisson and restitution to his royall government wer, at their returne from that expedition, most rigorouslie used by the pretendit authority of some unnaturall cuntriemen who ruled for the tyme, and ordained them and other engadgers within that shire to put out ane exorbitant number of horse and foot in leveys of that yeer far amounting thair proportions, and that by way of fyne for their loyaltie, humbly desireing that the summs of money, so exorbitantly exacted, might be refounded unto them; and the king's majestie, finding it just that they should be releived of these burdens and sufferings they wer lyable to for their loyaltie, doe therfor ordaine the commissioners of the excise within the shire of Stirline to give intimation to the heritors to meit at Stirline upon the [...] day of [...] nextocome, and that then, with the concurrence of such as shall meit, they lay on the proportions of that levey then imposed after the Engadgement according to the generall rule of burdens, that the petitioners may be freed and releived and have repetition of what they payed and gave out more nor their just and equall proportions, and the proportions being casten and set doun under the commissiors hands, ordaines letters to be direct for payment accordingly.
[1661/1/440]*[print] [email] [cite] [preceding] [following]
Anent the supplication presented to the estates of parliament be Robert Menzies, fiar of Enoch, mentioning that he, being by his mother's contract of mariage with James Menzies of Enoch, his father, provydit to his whole estate, after whose decease the said James Menzies of Enoch, the better to advance him to a second mariage, did make the said contract away and exposed the petitioner and the rest of the childrein of that mariage to the charitie of freinds for intertainment and education, and finding that his father had disponed and contracted the estate in lyverent and fie to his last ladie and her childreen, the petitioner wes, with advice of his freinds, necessitat to enter in ane unnaturall pley with his father, and in order therunto did intent processe of exhibition of his mother's contract against his said father befor the shirreff of Dumfreis who therupon, by himselff and his procurators haveing compeired, and being conscious of the truth of the clame, did most ingenuouslie declare the tenor of the said contract, bot though it boore that old Enoch should provyde the aires to be gotten betuixt him and Anna Dalzell, the petitior's mother, of the purchesse dureing the mariage and all that he had dureing the tyme of the mariage and contract, in contemplation of the whilk he did hartilie make offer of four hundreth merks yeerlie to be ane aliament dureing his oune lifetyme to the said Robert Menzies, his sone, as ane act made upon the judiciall acknowledgement the penult day of July 1658, at more lenth beares. Lykas, be ane decreit arbitrall past betuixt the said James Menzies, elder of Enoch, and the petitioner, dated the tuentie fourt of July 1659, proceiding upon ane submission, wherby both parties did submit the clame, and controversie standing betuixt them, specially anent that right and infeftment of fie of the said James Menzies his land and estate should be made to the petitioner his eldest lawfull son, the judges arbiters therin nominat, after heiring both their clames, did decerne and ordeane the said James Menzies, elder, to dewlie and lawfullie infeft and sease the petitioner in all the lands he hes and presently possesses, and that betuixt the date forsaid of the said decreit and the first day of October next therafter 1659, wnder the paines and with the reservations contained in the said decreit arbitrall, as the same of the date forsaid bears. And albeit it be of veritie that the said Robert Menzies hes oft and diverse tymes required his father to make payment of the said four hundreth merks yeerlie of aliment dureing his father's lifetime, conforme to the said judiciall offer and obligation, and als to fulfill the said decreit arbitrall, and to infeft him in the fie of his estate, nevertheles, the said James Menzies still refuises and, therfor, craveing the said James may be decerned, not only to mak payment of the said four hundreth merks of all yeers and termes restand awand since the date of the said judiciall act and in tymecomeing, but also to infeft and sease the petitioner in the estate forsaid, as the supplication bears. And anent the warrand issued therupon and charge given be ane messinger of armes to the said James Menzies personally apprehended, to have compeired befor the lords of the articles and ansuered to the said supplication, and to have heard and seen the desire therof granted or els to show ane reasonable cause to the contrare, which being called and the said persewer compeiring and the defender being oftymes called and not compeiring, and the lords of the articles haveing appointed the earle of Callander, Lord Carden and laird of Kilsyth to take tryell of the bussines and to report; who, haveing considered the supplication abovewritten with the verifications thairof and executions of the citation and made thair report theranent, which being taken into consideration be the estates of parliament, and they being therwith well and ryplie advised, the king's majestie and estates of parliament decernes and ordaines the said James Menzies of Enoch to mak payment to the said Robert Menzies of the abovewritten aliament of four hundreth merks yeerlie, and that of all yeers and termes resting unpayed since the date of the said judiciall act upon the penult of July 1658, and in tymecomeing dureing the said James his lifetyme [and] frie of all publict burdings, but prejudice alwayes to the said Robert to insist upon the decreit arbitrall for the implement therof as accords of the law, and ordains letters of horning to be direct heirupon on fiftein dayes etc.
[1661/1/441]*[print] [email] [cite] [preceding] [following]
Our soveran lord and estates of parliament, takeing to consideration that albeit the burgh of Culrose, being a seaport and situat in a fit place of the shire whervnto most parte of the inhabitants and others useing trade doe ordinarly resort at publict mercats and fairs, for buying and selling of all necesar commodities, yet the said burgh and inhabitants therof are much prejudged throw the want of some more mercats and fairs yeerly nor formerlie they have been in use to keep; therfor, the king's majestie, with advice of his estates of parliament, doe allow unto the magistrats and councill of the said burgh of Culrose and thair successors tuo frie fairs yeerly more nor formerly they wer in use to have, to be keept and holden within the said burgh in maner following, to wit, one of the saids fairs upon the second Tuisday of February and the other upon the thrid Tuisday of July yeerly in tymecomeing, each of the saids fairs to endure the space of tuo dayes, with full power to the magistrats and councill of the said burgh and thair successors be themselffs, or such as they shall appoint, to collect, gather, intromet with and uplift the tolls, customes, casualities and other dues of the saids fairs used and wont, conforme to the antient customs in lyk caces, and recommends to the lords of his majesties' exchequer to passe ane signator heirupon in favours of the said burgh of Culrose in sick due and competent forme as effeirs.
[1661/1/442]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing heard a supplication presented be Mr Johne Hay of Haystoun, one of the clerks of session, shewing that be ane act of parliament at Perth, the last of March 1651 the sume of one thousand merks Scots money wes appointed to have been payed to him for his great paines and travell taken be him as one of the clerks of parliament at tuo severall sessions thairof preceiding the date of the said act, and inregaird that the supplicant hes not gotten payment of the said sume, thairfor, craveing that some effectuall course might be taken for payment of the same, as the supplication bears. Which being taken into consideration. the king's majestie, with advice of his estates of parliament, ordaines the forsaid sume of one thousand merks to be payed to the said Mr Johne Hay out of the first and readiest of the rests of that moneth's mantenance of the shirreffdoms of Wigtoun and Kirkudbright and burghs therin appointed for defraying of the charges of homebringing the king's majestie in the yeer 1650, and ordaines letters of horning to be direct for that effect upon a simple charge of 15 days etc.
[1661/1/443]*[print] [email] [cite] [preceding] [following]
Forasmuch as be ane act of the pretendit parliament keept at [Perth], the last of March 1651 it is appointed and ordained that one full and inteir moneth's mantenance be payed by the whole shires of the kingdome to be imployed for his majesties' use by and attour all impositions imposed preceiding the date of the said act, and ordained the same to be payed to the thesaurer deput and the receavers of his majesties' rents for his majesties' use, lykas be ane other act of the fyft of Junij therafter it is ordained that ane other whole moneth's mantenance be uplifted for his majesties' oune propper use furth of the wholl shires and burghs of this kingdome, by and attour all impositions preceiding the date of the said act, and gave full power to Sir Daniell Carmichaell, thesaurer deput, or any haveing his order for receaveing thairof, and ordained the same to be collected and uplifted in the same forme as the former mantenance wes both in burgh and land as the saids tuo acts bears; and forasmuch as the saids tuo moneths' mantenance, be occasion of the troubles of the tyme, could not then be raised, and that ther is diverse sums of money yet owand to severall persons for provisions and other necessars to his majestie and his familie and for furnishings of his house and other things of that nature, and it being just that the same should be payed, and that what wes so cheerfully and necessarlie given at that time should not now be withdrawne from his majesties' use, thairfor, the estates of parliament ordaines the rests of these tuo moneths' mantenance abovementioned to be collected, ingathered and applyed for his majesties' use, as said is, and for that effect his majestie, with advice forsaid, doth heirby give warrand and commission to his majesties' thesaurer, deput thesaurer and receavers of his majesties' rents to raise, collect and uplift what is resting owing unpayed of the saids tuo moneths' mantenance in the severall shires and burghs of this kingdome. But because diverse of the shires wer at that time destroyed or overburthened by the English usurpers, his majestie, with advice forsaid, hes thought fit and accordingly doth heirby grant unto them the abatements following videlicit, that the shires of Berwick, Edinburgh, Hadingtoun and Linlithgow, and the burghs therin, inregaird of their knoune vastation, be inteirlie freed and exempted from these tuo moneths' mantenance; that the shire of Lanerick be exempted of tuo parts and onlie lyable for a thrid parte; that the toun of Glasgow be exempted of three parts and be only lyable in a fourt parte; that the shires of Air and Ranfrew, and burghs therin, be exempted from one halff and lyable for the other halff, provyded that the benefite of the exempted halff be not extendit to those who joyned in armes with Ker and Strachan and did not acknowledge his majesties' command; that the shire of Peibles, and burghs therin, be exempted of a thrid only and be lyable in other tuo parts; that the shires of Roxburgh, Selkirk and Dumfreis be exempted of a fourt parte and be lyable for the other three parts, and inregaird that the shires of Fiffe, Kinrosse, Stirline, Clakmanan, Pearth, Forfar, Kincarden, Aberdeen and Bamff, and the burghs therin, did in the tyme undergoe burdens far greater then their proportions of the said mantenance, they are inteirly freed and exempted from the same; and it is appointed and declared that all other shires and burghs of the kingdome are lyable for what is yet resting owing be them unpayed of the saids tuo moneths' mantenance and, if any parte of the same have been payed be the shires and burghs to their collectors, that the said collectors be lyable for the same and mak compt and payment therof to his majesties' thesaurer and deputy thesaurer. And to the end that the same with the rests therof may be the more speedily collected and disposed of for the use forsaid, his majestie, with advice forsaid, ordaines letters of horning upon 15 dayes, poinding and others necessars, to be direct at the instance of his majesties' thesaurer and deputy thesaurer against the heritors, lyverenters, wodsetters, collectors and others adebted in payment of the said tuo moneths' mantenance, ilk ane of them for their oune parts of the same sua far as they are resting in maner forsaid, and that no suspension be granted but upon consignation, provyded alwayes that no singular successor who hes bought lands since the tyme of the rests shall be lyable in the payment of these rests for these lands so bought, except they be particularly obleidged therto.
[1661/1/444]*[print] [email] [cite] [preceding] [following]
Forasmuch as be an act of a pretendit parliament dated the fourt of July 1650 yeers it is ordained that the sume of fourscore thousand merks, formerlie appointed be ane other act to be payed be the royall burrows for their proportion of the foote levey then raised, should be payed in to his majesties' receavers for defraying of his majesties' necessarie and personall charges, with the burden of ten thousand merks for the use of the castle of Edinburgh and other fyve thousand merks due to Johne Hamiltoun, for which the late marques of Argyll and some others wer bund, and ordained letters of horning upon a simple charge of ten dayes to be direct at the instance of his majesties' receavers against the magistrats of burghs or any of them for payment of their severall proportions of the saids sums, conforme to the devision thairof made be ane act of the convention of burrowes dated at Edinburgh, the tuentie-eight day of July 1650; and the estates of parliament, considering that many debts wer taken on at that time for his majesties' use, and that ther be diverse sums owing for furnishing to his majestie and diverse of his servants, and finding it just that these who have not payed their proportions of the saids summs should yet pay the same for the uses aforsaid, doe therfor statute and ordaine that all and sindrie the royall burrowes, who have not as yet payed their severall proportions of the saids sums, shall now pay the same; and for that effect, his majestie, with advice of his estates of parliament, ordaines letters to be direct at the instance of his majesties' thesaurer, deput thesaurer and receavers of his majesties' rents, against the magistrats of the royall burrowes for payment of what is resting unpayed of thair said severall proportions of the sume abovewritten, to the end the same may be applyed for the uses aforsaid, and that the letters of horning be upon fiftein dayes, and that no suspension be granted bot upon consignation.
[1661/1/445]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken into their consideration a supplication presented be Johne Gordoun and Alexander Strachan mentioning that, by proclamation published at the mercate croce of Breichen it wes declared that whosoever should apprehend William Roy Menzies should have the sume of one hundreth pund[s] sterline payed them for thair paines, whervpon and for freeing of these parts of the cuntrie of the robries and outrages committed be the said William Roy Menzies, the petitioners wer encouradged to conduce some with themselffs and, after much paines in searching and great hazard of their lives, otherwayes did apprehend the said Menzies, and with a guard upon their oune expences keept him and therafter brought him along and delyvered him prissoner within the tolbuith of Edinburgh, wherby the petitioners wer put to fiftein pund[s] sterline and upwards of necesar depursements, besids thair attendance in Edinburgh these sex weeks bygone; humbly therfor, desyreing that some course might be taken for satisfieing of thair paines and expences in apprehending of the said William Roy Menzies, conducting and delyvering him into prisson within the tolbuith of Edinburgh. Therfor, the king's majestie, with advice and consent of his estates of parliament, doe modifie and ordaine the sume of one hundreth pund[s] sterline to be payed to the petitioners out of the tuo moneths' mantenance imposed for the king's majestie at Stirling in anno 1650, and recommends to his majesties' thesaurer, thesaurer deput and receavers of his majesties' rents, and others entrusted with the uplifting of the saids tuo moneths' mantenance, to mak payment to the petitioners of the said sume of one hundreth pund[s] sterline.
[1661/1/446]*[print] [email] [cite] [preceding] [following]
12 Jully 1661
Extract
Anent the supplication given in to the lords commissioners for bills at the instance of Marion Maxwell, tutrix testamentrix to Robert Mcbrair of Netherwood, her sonne, against David Mc brair of Newwark, shewing that the deceast Robert Mc brair, her husband, being in peaceable possession of his lands of Netherwood and Rigsyde within the shirreffdome of Nithisdale, and of the lands of Dalbeatie, meikle and litle, Richorns and others within the stewartrie of Galloway, worth yeerly four thousand, fyve hundreth merks or therby, and that notwithstanding the said deceast Robert had finished all differences betuixt him and his uncle David Mcbrair of Newwark befor his decease, and had appointed the petitioner sex hundreth punds yeerly furth of the said estate, yet the said David Mcbrair, after the deceise of her said husband, did most violentlie eject the petitioner and her only son furth of the saids lands and estate, and hath uplifted the maills and dewties therof so that the petitioner and her son are lyk to starve and, therfor, craveing that his grace and estates of parliament wold ordaine the petitioner to be payed of the bygone maills and dewties therof since his intrusion and in tymecomeing dureing his possession, and to be repossest in the saids lands and estate, and that the said David Mc brair may be decerned to remove therfra. Whilk supplication being called befor them, and the said David Mcbrair compeiring be himselff and his procurators, it wes alledged be the defender that ther could be no processe at the instance of the said Marion Maxwell, as tutrix testamentrix, becaus ther wes no testament produced. Wherunto it wes replyed be the persewer's procurators that ther wes no necessity to produce ane testament becaus the persewer, haveing been in possession with her husband the tyme of his decease and being ejected be the defender furth of the saids lands of the which she, haveing appointed to her by her deceist husband sex hundreth pund[s] yeerly in liverent, is now craveing that she and her sone may be repossest. Secondlie, offered to produce ane nomination cum processu the defender's procurators alledged absolvitur becaus any possession the defender had is be vertew of ane infeftment and right standing in his persone. Whervnto the persewer's procurator opponed the lybell beareing that the persewer's husband wes in possession, and that she and her sone wes ejected therfra. It wes further alledged that the persewer's husband, haveing acquired the possession of these lands be vertew of ane contract past betuixt the defender and him and haveing, therafter, revocked the said contract, that the defender might verie well returne to his oune possession, [and] at least receave the rents from the tennents who willinglie made payment of the same. Secondlie, offered to renunce any possession the defender had provydeing the persewers would compt with and pay the defender what wes truely resting to him be the deceast Robert Mc brair, and is yet restand be his son and air, as the said alledgeance and ansuers bears. Whilk alledgeances and ansuers being, be the saids lords commissioners for bills, at lenth heard, read, seen and considered, they gave in their report thairof to his majestie and estates of parliament, beareing the saids commissioners in the first to have admitted the persewer's lybell to probation and haveing advised the lybell and deposition of the witnesses and considered the nomination produced, and that the said defender did acknowledge, in presence of these who examined the witnesses, that the deceast Robert Mcbrair wes in possession the tyme of his decease of all the lands lybelled in Galloway, and that the defender's possession of the saids lands and of the lands of Rigsyd, Netherwood [and] Almigill fishings and haill pertinents lyand in Nithisdale, wes fullie proven be the depositiones of the witnesses, it wes thair humble opinion that the defender should be decerned to repossesse the saids persewers in the saids lands, and to remove therfra and that action should be reserved to the defender for any thing he can clame from the persewers, and to the persewers for repetition of the maills and dueties lybelled, as the said report also bears. And the king's majestie, haveing considered the said supplication, minuts of processe and report of the lords of the bills theranent doth, with advice and consent of his estates of parliament, remit the same to the lords of councill and session, and in the mean tyme modifies the sume of fyve hundreth pund[s] Scots to be payed yeerly be the said David Mcbrair to the said Marion Maxwell for ane aliament to her and Robert Mcbrair, her son, ay and whill the discussing of the action, and the first fyve hundreth pund[s] to be payed presentlie upon the charge of fiftein dayes, and ordains letters of horning to be direct for that effect and siclyk yeerly therafter in maner forsaid.
[1661/1/447]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken into their consideration a supplication presented to them in name of the presbetrie of Sutherland mentioning that the collectors appointed for uplifting the vacant stipends doe trouble and molest severall heritors and others of the shire of Sutherland for payment of the said vacant stipends to them, albeit that at the desire and ordinance of the presbetrie they have made payment alreadie of the most parte, if not of the wholl therof, to such as wer appointed to preach at the vacant places, and to widowes, orphanes and other necessarie and pious uses, so that the saids heritors may be compelled to make tuise payment if remeid be not provyded; humbly therfor, desireing ane warrand to discharge the collectors from troubleing the heritors and others for any parte of the stipends they have alreadie payed for pious uses, conforme to the presbetries' order. The king's majestie and estates of parliament doe continew execution against the heritors of the said shire for payment of thair said vacant stipends untill the first of November next.
[1661/1/448]*[print] [email] [cite] [preceding] [following]
The estates of parliament, being informed that ther be only tuo inhabitants within the shire of Sutherland holding land of the king's majestie, the remanent heritors being either vassalls to the earle of Sutherland or holding their lands of some other superiors, so that according to the generall act the allowance of the charges of the commissiors of that shire to the parliament cannot be raised unlesse the same be extendit to all other heritors and frie holders of the shire holding lands of other superiors; thairfor his majestie, with advice and consent of the estates of parliament, statuts and ordaines that the ordinary allowance of fyve pund Scots per diem includeing the first and last dayes of the parliament, with eight dayes for their comeing and als much for their returne, for the shire of Sutherland shall be allowed to each of the commissioners of that shire, and shall be imposed and raised proportionally from all and sindrie heritors, fewars, lyverenters and frie holders within the said shire, whither they be vassalls to the king's majestie or holding the lands of any other superiors whatsoever, according to the rents of their lands within the shire, and that letters be direct chargeing all and sindrie the heritors and others forsaids to conveen at Dornoch upon a speciall day for setting doun and divyding the proportion aforsaid, with power to them or such of them as shall in obedience thairof conveen at the said day, to set doun the severall proportions of the allowance forsaid to be payd be each heritor, fewar, lyverenter and freeholder abovenamed; as also, a tent pennie more of the saids haill sumes so imposed for the charge and expence in collecting therof and that letters of horning be direct at the commissioner's instance for payment of the same upon fiftein dayes, and if payment be not made within the dayes of the charge so that ther shall be necessity of poinding, in that caice it shall be lawfull to poind for the double of the sums charged for, and no suspension to be granted bot upon consignation.
[1661/1/449]*[print] [email] [cite] [preceding] [following]
The king's majestie and estates of parliament, takeing to their consideration that the commisser of Aberdein hes his seat of justice within ane village called Old Aberdein, wher neither procurators nor other members of court duells nor can conveniently attend, so that the leidges duelling within the said dyocie of Aberdein are much damnified and disappointed of justice therby, and that it wold tend much to the good of the leidges that the said commisser did sit and administer justice within the burgh of Aberdein, wher all other judicatories of that bounds does sit and administer justice and the members of the said court duells; thairfor, and inregaird of the earnest desire of the commissioners of the shire and burgh and members of the commissariot, it wes formerlie appointed that the commisser court should sit within the burgh of Aberdein. The king's majestie, with advice and consent of his estates of parliament, doth ordeane that, in all tyme comeing, the said commisser of Aberdein and his deputs shall sit and administer justice within the burgh of Aberdein, wher procurators and members of court may attend, and the leidges may be eased and not prejudged for want of their attendance, and declares that thir presents shall be ane sufficient warrand for the said commisser to change his seat of justice to the place forsaid, and to sit and administer justice therin to all his majesties' leidges in tyme comeing.
[1661/1/450]*[print] [email] [cite] [preceding] [following]
Anent a supplication presentit to the estates of parliament be Alexander Squire in Auchinbowie mentioning that he, being active in his majesties' service against the publict enemy, trew it wes that David Mooreheid of Tickitsheuch did make the same knoune to the then governour of Stirline with whom the said David keept intelligence, whervpon he caused a partie from Stirling hund the petitioner from place to place, banished his wiffe and old father and plundered his house, and als the said David Mooreheid informeing the garrison of Stirling that the petitioner sheltered the deceast Captane Wishart and others, wes therupon apprehended and imprissoned in Stirling Castle and transported to Halyrudehouse wher he remained for a long tyme, by which great toyle, hazard and sufferings the said David Mooreheid occasioned the damnifieing of the petitioner in above three thousand merks; and therfor, craveing that the said David Moorheid might be decerned to pay to the petitioner his cost, skaith and damnage as the supplication beares. And anent the warrand issued therupon and sumons given be ane messinger at armes to the said David Mooreheid personally apprehended, to have compeired befor the commissioners for bills at ane certane day bygone and ansuered to the said supplication and to have heard the desire therof granted, which being called and both the saids parties compeiring be their procurators, and the earle of Callander, Lord Garden and laird of Kilsyth, or any tuo of them, being appointed to consider the relivancy and probation of the said complaint and to make thair report theranent who, be the depositions of the witnesses adduced in the said mater, fund the said David Mooreheid to be ane intelligencer and that he procured a partie from the governour of Stirling for apprehending of the said Alexander Squire and his old father for sheltering of severall persons who past to joyne with the army in the hills, wherthrow he and his father wer forced to flie from their house to their great prejudice and losse. And haveing given in their report together with their opinion theranent to the estates of parliament wherwith they, being well and ryplie advised, the king's majestie, with advice and consent of his estates of parliament, decernis and ordaines the said David Mooreheid to content and pay to the said Alexander Squyre the sume of fyve hundreth pund[s] Scots money for reparation of his losses and damnage sustained be him in maner abovewritten, and ordaines letters etc.
[1661/1/451]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by Margaret Howieson, lyverentrix of the lands of Bulleon and Barbanoch, and Jonnet Howieson, present possessors thairof, against James Gray of Lowriestoun, shewing that the supplicants wer daylie most inhumainlie opprest be the said James Gray his continuall intrusion upon and oppression of them in their possession of the saids lands and leiding away, at his oune hand, off the cornefeild of the saids lands the whole increase of nyne bolls sawing, intrudeing himselff upon the same lands by teilling a whole rig and a green belonging to the supplicants, and encroatching upon the infeild of their lyverent lands and dimolishing ane house within the closse wher they duell perteaning to the said Margaret, dureing her lyverent, and carieing away the timber and rubbish therof, breaking up ane kill doore perteaning to the supplicants and possessing the same as his oune; therfor, craveing that the said defender might be ordained to find caution for his peaceable cariage towards the supplicants in tymecomeing, and to repair them of their bygone losses, and that he might be farder punished as ane example to others to commit the lyk in maner, at more lenth contained in the said supplication. And anent the warrand issued from the lords commissioners for trade and bills, and sumons given therupon be aine messenger at armes to the said James Gray personally apprehendit, to have compeired befor the saids commissioners at ane certane day bygone and ansuered to the said supplication, which being called and the said persewers compeiring be their procurators, and the said defender being oftymes called and not compeiring, and the saids lords commissioners for bills, upon consideration of the said supplication, haveing admitted the same to the persewers' probation and issued ane commission to the baillies of Dundie for takeing the depositions of Robert and Andrew Donaldsons in Longforgund upon the said lybell, inrespect they wer aged and infirme persons and, accordinglie, Alexander Halyburtoun, one of the baillies of Dundie, haveing examined the said witnesses, taken their depositions and returned the same with his report theranent, as the same extant in processe bears; and therafter the saids commissioners haveing impowered Alexander, earle of Murray, George, earle of Linlithgow and Robert Innes of that ilk to examine more witnesses, to advise the depositions and report who, according to the power given them, examined witnesses, advised the depositions, revised the processe and fand the depositions of the witnesses proved the lybell sufficientlie; which with the report of the saids lords commissioners for trade and bills being read and considered be the estates of parliament, his majestie, with advice and consent of his estates of parliament, decernes and ordeans the said James Gray, defender, to make restitution to the saids persewers of the number of tuentie seven bolls oats as the increase of nyn bolls sawing taken and led away be him in maner abovewritten, or to content and pay to them the sume of eight pund Scots money for each boll therof, and to repossesse them to their lands, houses, barne and kill and to repair the byre demolished be him in als good condition as it wes the tyme of the throwing doun thairof, and to repossesse them therto, and likewise ordaines him to be punished in his person to the terror of others at the discretion and determination of his majesties' lord heigh thesaurer and lord advocat, or as his majestie, with advise and consent forsaid, shall heirafter think fit.
[1661/1/452]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the lord commissioner his grace and estates of parliament at the instance of the gentlemen and heritors being parichoners of the paroche of Libbertoun, shewing that in the passages from the south and southeast to Edinburgh ther are diverse bridges and wayes without the which ther can be no saiff passage in the tyme of any speat or great raines, which bridges and wayes now by diverse invndations and speats of rain are so decayed, washen away and become unpassible that within short time they will become altogether unusefull, to the great hurt and prejudice of all who have occasion to come to Edinburgh those wayes, wnles the same be prevented by tymeous and speedie supplie and helpe; and therfor, the saids gentlemen and heritors, being parichoners of the said paroche, supplicants craveing that the lord commissioner his grace and estates of parliament wold grant warrand to them to choise and authorize ane man to exact and take for everie horse load of goods that shall repare to and from the citie of Edinburgh or elswher, by any of these passages, tuo pennies Scots money for the space of eleven yeers to come to be imployed for repareing and building of the saids bridges, which the saids supplicants ingadges and obleidges themselffs to doe sufficiently, as the supplication bears. Which being heard and considered be the lord commissioner and estates of parliament, and they being therwith, well and ryplie advised, his majestie, with advice and consent of his estates of parliament, find the desire of the supplication reasonable, and have given and granted and heirby give and grant full power and warrand to the gentlemen and heritors being parichoners of Libertoun to choise and authorize ane man to exact and take, for each horse load of goods that shall repare to and frae the burgh of Edinburgh or elswher, by any of these passages aforsaid, tuo pennies Scots for the space of eleven yeers to come to be imployed for the repareing and upholding of the saids bridges and hie wayes forsaids.
[1661/1/453]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, haveing taken to consideration a supplication given in to them be Johne, earle of Dundie, shewing that the supplicant, haveing intendit action against the late marques of Argyll befor the lords commissiors for bills for recovering of possession of the supplicant's lands of Knockalloway and Auchlaboyle with the pertinents, fra which he wes violentlie dispossest by the said late marques of Argyll and, his lybell being admitted to probation, the supplicant's possession and lybell by the depositions of the witnesses wes cleirly proven and the bussinesse readie to have been reported, when his majestie, with advice and consent of the saids estates of parliament, in their justice did forfalt and condemne the said marques, wherby the supplicant wes lyke to be frustrat of justice and still keept out of his lands from which he wes violentlie dispossest, as said is, wnles his gracious majestie and estates of parliament provyd remeid; therfor, craveing that the supplicant might be repossest in his saids lands and pertinents thairof and that he may no longer be deteaned out of his oune just right and possession, and that the supplicant might be payed of the by run maills and dewties of the same lands. Which supplication, being 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, have granted and heirby grants the desire of the said supplication, and have ordained and ordaines the said Johne, earle of Dundie, supplicant, to be repossest in the said lands of Kirkallaway† and Auchabyle† with the pertinents therof, and lykwayes ordaines him to be payed of the maills and dewties of the same.
[1661/1/454]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the heigh court of parliament be Barbara Hamilton, relict of the deceast James Hamilton of Stenhouse, and Mr Thomas Courtney, now her spous, for his enteresse, against William Baillie of Carphin, James Baillie, his son, Sir William Baillie of Lamingtoun, knight, James Baillie, his brother, Mr Johne Harper, advocat, and Cuthbert Hamilton of Cauder, shewing that about the yeer of God 1637 the said Barbara Hamilton, haveing remitted in favors of the said William Baillie of Carphin her right of lyverent and terce of her said deceast husband's lands and liveing of Stenhouse, the said William Baillie, in recompence thairof, did make and grant to her ane band and security for sex hundreth and fourtie merks Scots money as aliament and lyvelyhood to her, and for eight thousand merks to her fatherles childreen to be payed furth of the first and readiest of the rents of the lands and liveing of Stenhouse, yeerly dureing her lifetyme, which bond or security wes exhibite befor the lords of session in the yeer 1640 or therby and, in coroboration thairof, the lords of councill and session did passe their act therupon, which annuitie forsaid wes dewlie possest and enjoyed by her untill the yeer 1650, about which tyme the said William Baillie of Carphin did dispone his right of the forsaid estate in favours of the said Sir William Baillie of Lamingtoun, which Sir William Baillie did give his expres and particular band to releive the said William Baillie of Carphin of the forsaid yeerly annuitie and principall sume due to her out of the forsaid estate, for all yeers and termes from and after the terme of Witsunday 1650 yeers, and which bond wes dated the elevent day of December 1652 yeers, which is in the hands of Mr Johne Harper. Notwithstanding whairof, and that the said Sir William Baillie hes ever since enjoyed the forsaid estate and uplifted the maills and dewties therof, and that the forsaid yeerly annuitie and principall sume is the haill mantenace, lyveliehood and provision which she and her fatherles childreen have to live and subsist upon, yet the said Sir William Baillie most cruellie and unmercifullie, ever since the yeer 1652, and notwithstanding of his band of releiff forsaid, hes frustrat and withholden from her her annuitie abovementioned, which cruell usage wes occasioned by the production of her principall band and security befor the saids lords of councill and session, and the unjust away takeing therof by William Baillie of Carphin and Sir William Baillie of Lamingtoun, her debtors therin, or by some of their advocats or some other in thair names who, or some of them, hes had or fraudulentlie hes put the same away to the rwine and prejudice of her and her fatherles childreen, exposeing them therby to a starveing condition unles ane present effectuall course wer taken in justice for preventing the same, and for repareing their damnage and sufferings therin and, seing this is a cace of such extream necessity and singular oppression and that the ordinary judicatories are not patent for the present and incaice Carphin, being ane old infirme man should die, she and her childreen wold be utterly undone, therfor, she is necessitat to represent this sad condition and cruell usage to consideration and compassion in a mater so deplorable. And therfor, craveing that the saids defenders might be decerned to exhibite the said band and security abovementioned with the band of releiff aforsaid, and als that the saids William Baillie of Carphin and Sir William Baillie of Lamingtoun might be decerned to make payment to her and her said spous of the forsaid yeerly anuitie of the haill bygone yeers abovespecified, and to repossesse her agane in the saids rents and liveing of Stenhouse out of which they have been cruellie thrust in this troublesome tyme, and to enjoy the same conforme to ane act of the lords theranent and to make up and exhibite the forsaid band of eight thousand merks with sufficient security, ay and whill they be repayed of the haill byruns as als in all tymecomeing, as at more lenth is contained in the said suplication. Which action, being called in presence of the commissioners of parliament appointed for trade and bills, the said Mr Thomas Courtnay, for himselff and in name of the said persewers compeirand personallie, who produced ane double of the forsaid band of provision made be the said William Baillie of Carphin to the said Barbara Hamilton and her said deceast husband and bairnes, whairof the tenor followes: be it kend to all men be thir present letters me William Baillie of Carphin, forsameikle as Sir James Hamilton of Fingletoun, knight, by his letters of disposition subscryved with his hand of the date of thir presents, hes sold, annalied and disponed to me heretablie and irredeemablie all and haill the lands of Spittill, Longrigs, Heiddykes and Spitlegill, with the milne therof, multers, sequells perteaneing thairto and haill pertinents of the same, lyand within the barronies of Lesmahago and Stenhous and shirreffdome of Lanerick, and hes bund and obleidged him to infeft and sease me therintill by tuo sufficient charters of alienation, containing precept of sasine, to be holden and with warrandice in maner mentioned in the saids letters of dispositione, and therby hes made and constitute me cessioner and assignay in and to the maills and dewties of the saids lands fra Witsunday last to Mertymes next, and all yeers and termes therafter, and to the haill writs and evidents made and granted to him of the lands and others forsaids or whatsomever other lands, milns and others belonging to the lands and liveing of Stanehouse, teinds, personage and viccarage therof, and hes discharged the airs and executors of the deceast James Hamilton of Stenhouse, and all others whom it effeirs, of all summs of money, debts, goods, geir and others adebted to him be the said James, and of all obleidgements wherin the said deceast James stood obleidged to him, and of all bonds granted by him to the said Sir James and other writs and securities purchest be me to the said deceast James Hamilton of Stenhouse, or whatsumever other the lands and liveing of Stenhouse or teinds thairof, and hes delyvered to me the haill writs and evidents which he hes of or concerning the saids lands of Spittell, Langrigs, Heiddyks and Spitlegill, with the milne therof, and hes obleidged him to cause Barbara Hamilton, his daughter, relict of umqhile James Hamilton of Stenhouse, ratifie and approve the saids letters of disposition and to flit and remove herselff, her bairns, servants, familie, goods and geir furth and fra the maner place of Stenhouse, houses, bigings, yeards and pertinents and suffer me enter therto, brooke and joyse the same at my pleasure, as the saids letters of disposition containing diverse and sindrie other heads, articles and clauses contained in my favours at more lenth proports. Therfor, wit ye me as principall and with me [---] as cautioners, souerties and full debtors for me to be bund and obleidged, lykeas wee, be thir presents, both principall and cautioners, binds and obleidges ws conjunctlie and severally, our airs, executors and successors whatsumever, to make good and thankfull payment to the said Sir James Hamiltoun, knight, betuixt the date heirof and the feist and terme of Mertymes, in this instant yeer of God 1637, of the sume of eight thousand merks good and usuall money of this realme, as principall with the sume of three hundredth and tuentie merks money as annualrent therfor, from the terme of Witsunday lastbypast to the terme of Mertymes nextocum, and for the use and to the behove of the said Barbara Hamilton, relict of the said deceast James Hamilton of Stenhouse, and of [---] Hamiltons, her bairns procreat betuixt her and the said umqhile James Hamilton of Stenhouse, in maner following, to wit, the lyverent, use and proffite of the said haill sume to perteane and belong to the said Barbara, dureing all the dayes of her lifetyme, for her oune mantenance and for the interteanment and mantenance of her saids bairnes, they remaneing in houshold and companie with her and being content therwith in her oune companie and familie, or otherwayes as she, by advice of the said Sir James, shall appoint and direct to be bred and intertained, and the heretable right and fie of the said principall sume to perteane to the said James, his bairnes in maner following, to wit, three thousand merks to perteane to the said James Hamiltoun and the other fyve thousand merks of the same to pertean and belong to [---] Hamiltons, her sisters, equallie amongst them, ilk ane of them one thousand merks, and if any of the said James his sisters shall decease, that parte or parts of the person or persons deceiss and to accresse and perteane to the said James Hamiltoun, and incace it shall happen the said James to decease, that then his parte abovewritten of the said sume to accresse and perteane to his sisters abovenamed surviveand him equally and proportionallie among them all, and incaice of all their decease that then the said haill principall sume shall perteane and belong to the said Sir James Hamiltoun, his aires, executors and assignayes; and failyeing of thankfull payment of the said sume at the said terme of Mertimes nextocum with the termes annualrent therof afoirsaid, to be imployed be him to the use and behove forsaid, wee, the saids principalls and cautioners, be thir presents, binds and obleidges ws conjunctllie and severallie and our forsaids to content and pay to the said Sir James the sume of eight hundreth punds money forsaid of liquidat expences, by and attour the said principall sume and annualrent therof abovewritten, and if the said principall sume shall remaine unpayed any longer nor the said terme of Mertymes nextocum I, the said William Baillie, principall forsaid, be thir presents, binds and obleidges me and my forsaids to mak payment to the said Sir James, to the use and behove aforsaid, of the ordinar annualrent of the said principall sume conforme to the act of parliament, at Witsunday and Mertimes proportionally, sua long as the same shall remaine unpayed after the terme, but prejudice alwayes of the payment of the said principall sume and annualrents therof and liquidat expences forsaids incaice of failyie therof to the said Sir James at the said Mertymes nextocum, or of the same with the haill termes of the said annualrent which shall be unpayed at any other terme or tyme therafter, without requisition; and I, the said William Baillie, principall forsaid, bind and obleidge me and my forsaids to warrand and releive the forsaids persons my cautioners, their aires and executers of their becomeing cautioners in maner forsaid, and of all coast and skaith that they shall sustean or incurre thairthrow in any wayes; and for the more security, wee are all content and consents thir presents be insert and registrat in the books of counsill and ane decreit of the lords thairof interponed therto, and that letters of horneing on sex dayes and other executorialls necesser be direct heirupon and constituts [---] our procurators promitten' de rato. In witnesse whairof wee have subscribit thir presents with our hands at Edinburgh, the [---] day of July 1637 yeers, befor thir witnesses John Dickson of Hartrie, Alexander Harvie, writter in Edinburgh, the said Thomas Forrest and Alexander Kae, his servitor, sic subscribitur, William Baillie of Carphin, Johne Dikson, witnes, Alexander Harvie, witnes, Alexander Kae [and] Tho[mas] Forrest, witnes, upon the end of which band is written ane minute of the Ladie Stenhouse her ratification and renunciation, beareing the same to be dated the tuentie seventh day of December 1638 yeers.
Followes the coppie of the postcript in the taill and end of the said ratification as followes.
The ratification and renunciation abovewritten is ordained and agreed not to be delyvered to Carphin untill the tyme he give to the Ladie Stanehouse and her bairnes a band of eight thousand merks to be payed at Witsunday next, and pay her the bygone annualrents she compted and allowed what she hes receaved fra the tennents of Stanehouse alreadie, and the laird of Prestoun delyverand to Carphin the former band of eight thousand merks and Carphin lykewayes to renunce all right to Cleghorn's band with warrandice fra his oune deid, the laird to get the band fra the havers which is declared not to be in Carphin's hands. Sic subscribitur, William Baillie of Carphin [and] Barbara Hammiltoun. And craved that the same might be ordained to be of new made up to the said Barbara and her said bairns, conforme to the tenor thairof, and that the forsaid band of releiff might be exhibite and that the same might be ordained to be registrat in the books of councill and session that they might have ane extract therof, and that they might have the haill remanent desire of the petition granted to them; and the said Mr Johne Harper, one of the saids defenders, compeirand personally who exhibite and produced the forsaid band of releiff, upon production whairof, the said Mr Thomas Courtny, for himselff and in name of his said spous, asked instruments and craved that the same might be ordained to be registrat in the books of session that he might have extracts therof; and the remanent of the persons forsaids, defenders, compeirand be George Lockhart, advocat, their procurator, who declared that ther wes ane agreement betuixt the saids persewers and the laird of Lamingtoun, wherby Lamingtoun should have payd to the persewer eightscore pund[s] Scots money, by and attour what wes receaved alreadie of bygone anuitie, and that they wer content to adhere to that agreement and willing that the parliament might mak up the tenor of the forsaid first band made by Carphin to the supplicant and her childreen, of the date abovewritten, conforme to the coppie therof produced, as said is, and that ane act might be made therupon and that the same act might make als great faith against the said laird of Lamingtoun and the estate therof, and that all execution might be directed therupon as if the same had never been lost, and als that they wer content that the said laird of Lamingtoun should be obleidged to releive the said laird of Carphin thairof conforme to the said band of releiff, and that the same band of releiff should be registrat and execution declared to passe at the instance of the said supplicant for the forsaid yeerly annuitie and at the instance of her bairns, for the said principall summe; also against the said Sir William Baillie of Lamingtoun and his estate at the instance of the said supplicant and her childreen for the saids yeerly annuitie and principall sume, inrespect of the said band of releiff, siclyk and in the same maner as if he wer personally bund to them therby, and that both the saids William and Sir William Baillies, and thair estates respective forsaids, should be declared lyable and effectuall with the forsaid debt, and to be distressed therfore at the option of the supplicant and her saids bairnes, the one alwayes but prejudice of the other. All the rights, reasons and allegations of the saids parties, together with the forsaid band of releiff and copie of the first principall band abovementioned, with the copies of the minuts of ratification and declaration and provision on the end therof forsaids produced, as said is, with the desire and declaration respective abovementioned, with Mr Thomas Courtney's answer to the said declaration anent the forsaid agreement, wherby he alledged that the same agreement ought not to be respected because that agreement wes not keeped to him, together with the report of the commissioners of parliament appointed for bills theranent, being all heard, seen and considered be the saids estates of parliament and they therwith, being well and ryplie advised, our soverane lord, with advice and consent of the saids estates of parliament, decernes and ordaines the said Sir William Baillie of Lamingtoun to mak payment to the saids persuers of the said sume of eightscore punds Scots money (by and attour what is formerly receaved by them) and als decernes and ordaines the said William Baillie of Carphin to make up the said first bond of the tenor of the forsaid copie of the date abovewritten produced, as said is, and ordaines siclyk action and execution to be directed upon the same at the persewer's instance and upon this present decreit for fulfilling therof against the said William Baillie of Carphin and his estate, as if the said band had never been abstracted; and also decerns and ordaines all execution necessar to passe at the said persuer's instance and her saids bairns against the said Sir William Baillie of Lamingtoun and his estate for payment of the forsaid annuitie and principall sume abovementioned, inrespect of the forsaid band of releiff, siclyk and in the same maner as if the said Sir William wer personallie and positively bund to the saids pursuers therfor, but prejudice alwayes of any former right competent to the saids persewers for the said debt upon the saids lands, liveing and estate of Stanhouse, which is heirby declared to be altogether unprejudged, in any sort, and als hes ordained and ordaines the forsaid band of releiff to be insert and registrat in the books of councill and session to have the strenth of ane decreit of the lords therof, that letters and executorialls necesser may be directed therupon in maner specified therintill, and hes remitted and remits all action of compt and reckoning compitent to either of the saids parties for the defender's bygone intromission, with the rents of Stenhouse, to the lords of session as accords of the law, whom they ordeane summarlie, without delay, to proceid therin and that inrespect of the forsaid band of releiff produced, as said is, and copie of the forsaid first band and of the declaration abovewritten made for the defenders, as said is, and ordaines letters etc.
[1661/1/455]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing taken into consideration a supplication of Mr Patrick Gillespie shewing that it pleased the honorable committie of estates to sequestrat his stipend, inregaird whairof he hath wrestled with no small difficultie to defray the expence of his long imprissonment and subsist for the future; humbly desireing ane order to discharge the said sequestration and for payment of such arrears of the proffites and casualities of his place as are resting preceiding Candlemes last according to the acts of the university of Glasgow and agreements past betuixt them and him; therfor, the king's majestie and estates of parliament appoints the supplicant to have the arrears of his office and service preceiding Witsunday last payed unto him according to the said acts of the university and agreement past betuixt them and him.
[1661/1/456]*[print] [email] [cite] [preceding] [following]
The estates of parliament, takeing to consideration that John Cuninghame, writter to his majesties' signet, hes been put to great paines and expences in writeing, attending and expeding of summons of treason against severall persons and other papers of publict concernment at this present parliament, doe modifie and allow the sume of fiftie pund[s] sterline to the said Johne Coninghame for his paines and charges in maner forsaid, and ordaines the same to be payed to him out of the first and readiest of these tuo moneths' mantenance imposed at Stirline in the yeer 1650 or 1651 for his majesties' use, or out of the remander of the moneth's mantenance which wes imposed for bringing home of the king's majestie in the yeer 1650, and appoints his majesties' thesaurer, thesaurer deput and receavers of his majesties' rents and others intrusted with the uplifting of the saids tuo moneths' mantenance to mak payment to the said Johne Coninghame of the forsaid sume of fiftie pund[s] sterline.
[1661/1/457]*[print] [email] [cite] [preceding] [following]
The king's majestie, with advice and consent of his estates of parliament, gives heirby licence and warrand to Master Robert Forbes, professor of philosophie in Marishall Colledge in the Caroline university of Aberdein, to cause reprint in ane book The Quaeries of the Doctors of Aberdein with the answers, replys and duplyes that past therupon in the yeer 1638, and dischargeth all persons whatsomever from printing, importing or vending the same for the space of ten yeers after the date heirof without the speciall allowance of the said Mr Robert Forbes, wnder the paine of confiscation of the haill books so printed, imported or vended, and such further punishment as the estates of parliament or lords of his majesties' privy councill shall think fit to inflict.
[1661/1/458]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering that it hath pleased God, by the vertew and industrie of diverse skilfull persons, hatmakers, in thir few yeers within the burgh of Edinburgh to bring that trade and calling to ane greater perfection and more considerable then it hes been in any yeers bygone, wherby the same hes so flurished and groun to ane greater number of workmen more nor hes been in preceiding ages and, for the mantaineing thairof and giveing occasion to workmen to strive daylie to ane greater degrie of perfection in the said calling of hatmaking, and for eshewing of the great hinder and prejudice which may follow by the grouth of unskilfull people therintill throw the occasion of want of good government among them, thairfor his majestie, with advice and consent of his estates of parliament, for the further advanceing of that calling and tread within Edinburgh and the haill kingdome, and for the reformation of disorders therintill, the better serveing of the leidges of this realme and bringing of the said trade to ane greater perfection, gives and grants full power, libertie and priveledge to the said hatmakers of ane overseer and quartermaster yeerly of their oune calling to be elected, nominat, choisen and given to them be the provest, baillies and counsell of the burgh of Edinburgh, which overseer is, be the advice of his brethreen of the trade, to be judge of the qualification of any person to be heirafter admitted to their trade within the toun; and his majestie, with advice and consent forsaid, recommends to the lords of secret councill to sie this act made effectual to the hatmakers to the effect abovewritten.
[1661/1/459]*[print] [email] [cite] [preceding] [following]
The report underwritten wes presented and read in parliament, wherof the tenor followes.
At Edinburgh, the eight day of July 1661, the which day the lords appointed be the lords of the articles for reviseing and considering the clame given in be Anna Hamilton, relict of umqhile William Govane, for her selff and in behalff of her childreen, and reporteing their opinion theranent, having met and considered the said clame, with the instructions thairof, doe find that the said Anna Hamilton acclameth for the use of Alexander Montgomrie, her son of the first mariage, procreat betuixt her and umqhile Alexander Montgomerie, her first husband, the sums following viz, the sume of sex thousand merks of principall which wes resting be the earle of Hadingtoun to her first husband. Item, one thousand, three hundreth [and] fiftie merks resting to him be the laird of Skelmurelie, with annualrent of the saids tuo principall sums fra Witsunday 1657. Item, the sume of one thousand merks principall resting to her first husband be James Crichtoun, brother to the earle of Dumfreis, with the annualrent therof fra Mertymes 1658. All which summs wer imployed be the said William Govane in the purchesse of the lands of Kirktoun in Kilbryd and, for instructing of the said clame, she produceth ane assignation granted to her be her said first husband to the behove of her said childe procreate betuixt them, dated the second day of Junij 1649, registrat 23 January 1654, with a decreit purchest against the earle of Hadingtoun for the said sume of sex thousand merks in December 1657, and three bands subscryved be the said William Govan granted to Mr Johne Dromond of Leonoch, as the persone trusted in behalff of the said childe of the first mariage, containing the saids respective sums, as may appeare be the said Mr John his bakband dated 18 July 1657. Item, she acclameth for Anna Charters, her daughter, procreat betuixt her and umqhile Mr Thomas Charters, her second husband, the sume of three thousand, seven hundreth [and] threttie punds, with the annualrent fra Witsunday 1657 to Witsunday 1661, extending the said annuelrent to eight hundreth, fourscore [and] fiftein punds, which sume the said William Govane intrometted with and imployed to the use forsaid. And for instructing therof, she produceth ane particle of the said Mr Thomas Charters his confirmed testament and that the said William Govan did intromet with the said sume as tutor dative to the said child. Item, she acclameth for herselff ane annualrent of sex hundreth merks out of the lands in Kirktoun of Kilbryd purchest be the said William Govan, her last husband, and produceth for verifieing therof a sasine given be the said William Govan to her propriis manibus, the same day he receaved sasine of the saids lands himselff, dated the last of November 1658, registrat in the generall register 15 January 1659. Wee humbly conceave that by these it may appeare that the saids moneys due to the relict and childreen wer disposed on for the payment of the price of the saids lands, which is offered to be proven be ane minute of contract past betuixt her second husband and Robert Hamilton of Kirktoun anent the seale of the saids lands, which wes therafter renewed in the said William Govanes name. So subscibit, S. J. Lockhart [and] Geo[rge] Mckenzie.
Which report, being taken into consideration be the estates of parliament, they doe recommend to the lord commissioner to deale with his majestie that, in the disposall of Govan's forfaltour, regaird may be had to the interests of his wiffe and of the childreen of her former husbands.
[1661/1/460]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing seen and considered a supplication presented be Johne George, son and air of the deceast Johne George, merchant burges of Edinburgh, shewing that the estates of this kingdome for the tyme, being adebted to the factors in Campheir fiftein thousand gilders, the saids estates layd it upon the burrows royall of Scotland to repay them, conforme wherunto the convention of burrowes, by their act dated 18 January 1641, undertooke the payment therof and obleidged themselffs, conforme to their taxt roll, to pay the same betuixt and the 13 May then next; trew it is that the said Johne George, father to the petitioner, did advance of the saids gilders four thousand, three hundreth and tuentie pund[s] Scots, as the act of estates granted to him therupon dated† 18 July 1644 at more lenth bears. Lykas, for the better payment to the said Johne George and remanent advancers of the saids gilders, the parliament for the tyme, by their act dated the last January 1645, ordained the excise of the severall burrowes royall to be collected by their magistrats and each burrowes' excise for the yeers 1645 and 1646 to be imployed and applyed in the first place for payment to the advancers within their respective burrowes of their severall proportions of the saids gilders advanced by them, conforme wherunto, the said Johne George receaved from the toun of Edinburgh parte of the saids gilders advanced by him; neverthelesse,† Johne Jossie, as thesaurer of Edinburgh, receaved of the said excise eightein thousand pund[s], Sir Johne Smyth receaved eight thousand, seven hundreth [and] seventie-nyn pund[s] and Sir James Stewart receaved fyve thousand, tuo hundreth and tuentie pund[s]; and therfor, craveing that the toun of Edinburgh and the said Johne Jossie, Sir Johne Smyth and Sir James Stewart may be ordained conjunctlie and severallie to refound to the petitioner the sume of four thousand pund[s] yet resting unpayed of the forsaid principall sume† as air to his father, with the interest thairof since Witsunday 1646 in maner at lenth specified in the said supplication. And also haveing considered the report underwritten of the Lord Halkertoun, shirreff of Crommertie and laird of Rickhartoun,† commissioners appointed by the lords commissioners for trade and bills for takeing tryell of the said mater, who, haveing seen and at lenth considered the said supplication, with the haill instructions and verifications thairof forsaid with the acts of parliament and other writts aboveadduced, with the parties debate thervpon, they find that the excise of Edinburgh the saids tuo yeers 1645 and 1646 is affected and burdened be vertew of the said act of parliament, dated last January 1645, with the payment of the sums of money principall and annualrents due to the respective persons who advanced any parte of the saids gilders, and that no other debt ought to have been payed out therof untill the said sume had been first repayed to the advancers, and that the said Johne George should be refounded of the summs abovewritten due to him principall and anuellrents. But inregaird it is not yet made knoun whither the toun of Edinburgh, who had the collecting of the said excise the saids tuo yeers and receaved also parte therof or other particular persons who receaved also of the said excise, to whom none of the said gilders wes owing, which of the saids parties shall first be discust and ordained to refound the said excise to the said Johne George, the commissioners humbly conceave that that difference, which of the saids parties should be first discust and ordained to refound to the petitioner the said sume abovewritten acclamed by him, should be referred to the lords of session to determine therin, as the report subcryved with their hands beares. Thairfor, the king's majestie and estates of parliament approves the report abovewritten and have remitted and remits the haill bussines abovementioned to the lords of councill and session to be determined by them according to law and recommends to them the speedie dispatch therof.
[1661/1/461]*[print] [email] [cite] [preceding] [following]
The estates of parliament, takeing to their consideration the great paines and labour that Sir John Fletcher, his majesties' advocat, hes been put to in drawing, manageing and persueing the processes of forfaltour befor this parliament, with the many testimonies he hes given of his zeale and affection to his majesties' service both in that and in everie other occasion that occurred, besides his heartie engadgeing and great sufferings in his majesties' service at severall eminent opportunities dureing these troubles, doe recommend to the lord commissioner to represent the same to his majestie that his majestie may be pleased, in consideration thairof, to give him such allowance and mark of his royall favour as his majestie shall think fit.
[1661/1/462]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with consent of his estates of parliament, statuts and ordaines that the yeerly fie of fyve hundreth merks formerly allocat by act of parliament to Mr Robert Dalgleish, agent for the kirk, be still continewed and payed to him as it hes been in tyme bygone, and that for all yeers restand unpayed and in tymecomeing dureing his lifetyme, conforme to his former locality, and that letters of horning and other necessarie be direct at his instance, any act in this parliament notwithstanding.
[1661/1/463]*[print] [email] [cite] [preceding] [following]
Forsameikle as Thomas Reid within the paroche of Kilbarchane is apprehendit for the horrible cryme of incest, and als William Wallace, George Mcmillan, Francis Kennedie, Johne Wallace, Johne Abercrombie, Alexander Harrot, Christiane Litle, Johne Davieson and George Paterson are apprehendit and incarcerate for thift and robrie, and it being necesser that the standing lawes and acts of parliament of this realme be put to dew execution and justice accordingly administrat upon such offenders; therfor the king's majestie, with advice and consent of his estates of parliament, gives heirby power and commission to Hew, earle of Eglingtoun, lord Montgomerie and Kilwining etc., shirreff principall of the shirreffdome of Renfrew and heretable baillie of the baillierie of Cuninghame, and his deputs, to meit and conveen at such tymes and places as they shall appoint and ther to affix and hold courts, to call sutes, amerciat absents and uplift unlawes and amerciaments, to creat clerks, serjants, dempsters and all other officers and members of court neidfull, and in the saids courts to call the said Thomas Reid, William Wallace, George Mcmillan, Francis Kennedie, Johne Wallace, Johne Abercrombie, Alexander Harrot, Christian Litle, Johne Davieson and George Paterson, and to put them to their tryell and to the knowledge of ane assyse and, if they shall be fund guiltie of the crymes and facts abovewritten, to cause justice be administrat upon them conforme to the lawes of the kingdome, and to doe all other things which to the execution of this commission be the lawes of this realme is knoune to apperteane.
[1661/1/464]*[print] [email] [cite] [preceding] [following]
Commission to Mr Johne Prestoun, Major Johne Biggar, Johne Denholme of Murehouse, [...] Edgar, younger of Peppermilne, Mr William Litle of Overlibertoun and William Robertson in Southouse, or any three of them, for judgeing of Jonnet Matheson, Margaret Rid, Bessie Wilsone, Margaret Watson, Gilbert Wynd, Christine Bell, Agnes Bowie and Jonnet Nidrie in Gilmertoun, persons dilate guilty of the abhominable cryme of witchcraft, ther depositions being attested under the hands of the ministers and elders of the kirk session of Libertoun etc., with power to the saids commissioners or quorum forsaid to secure any others within the said paroche who are suspect and shall be dilate etc.
[1661/1/465]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the lord commissioner and estates of parliament be James, earle of Southesk, shewing that the said earle's deceist father, to whom he is air, being bund as cautioner for the deceast George, marques of Huntlie, grandfather to Charles now earle of Aboyn, to Sir James Murray for the sume of tuentie-tuo thousand pund[s] in anno 1636, as also in October 1639 the said earle of Southesk, his deceast father, wes bund as cautioner for the said deceast marques of Huntlie to the earle of Pearth and Lord Drummond, his son, for threttie thousand pund[s] as tocher with Ladie Anna Gordoun, therafter Ladie Drummond, both which sums, with the bypast annualrents therof did, at the terme of Witsunday 1660, extend to the sume of fiftie-eight thousand [and] tuentie-eight punds, eight shillings [and] eight pennies Scots money, for releiff of both which sums the said deceast marques of Huntlie did give a band of releiff to the deceast Archibald Campbell, late marques of Argyll, who wes also cautioner and to the said deceast David, earle of Southesk, wherupon infeftment immediatly followed, under the great seale in anno 1639, of the lands of Lochaber and Badyenoch, and cled with possession by uplifting the maills and dewties which wes imployed for paying of the annualrents of the saids sums for some yeers; and seing the said James, earle of Southesk, petitioner, is informed that the estate of Huntlie is appointed to be sequestrat and chamberlanes appointed for uplifting the maills and dueties therof who are to be comptable to his majesties' thesaurer, to the petitioner's great loss and prejudice, supplicateing therfor the lord commissioner and estates of parliament to take the petitioner's condition to consideration, and that it may be declared that no deid of parliament be prejudiciall to his right and interest, bot that he may be mantained in possession, conforme to his just right in maner at lenth mentioned in the said petition. Which petition, with the report of the lords of the articles theranent, being red and considered be the saids estates of parliament, they did approve the same and, therfor, our soverane lord, with advice and consent of the saids estates of parliament, ordaines the said James, earle of Southesk to be presently put in possession of uplifting furth of the lands of Lochaber and Badyenoch of als much of the rents, casualities, maills and dueties therof as will satisfie and pay to him ane yeer's ordinar annualrent and interest of the said principall sume of fiftie-eight thousand, tuenty-eight punds [and] eight shillings [and[ eight pennies money forsaid, extending the said annualrent yeerly to the sume of three thousand, four hundreth [and] fourscore one punds, eight shillings [and] eight pennies money forsaid, provydeing the said possession doe not strenthen nor coroborat his right to the saids lands, and this warrand to continew and endure only for ane yeer allenerly.
[1661/1/466]*[print] [email] [cite] [preceding] [following]
Anent the summons intentit and persewed befor the lord commissioner and estates of parliament at the instance of Sir Johne Fletcher, knight, our soverane lord's advocat, for his hienes['s] interesse, and at the instance of John McDougall of Donnollie, Alane McDougall of Rarae, Dougall McDougall of Donnach and John McDougall of Dagnish, for them for themselffs and in name and behalff of their freinds, kin, servants and followers, against whom the murthers, oppressions, robries and others acts, misdeids and maleversations wer committed by the persones afternamed in his majesties' service, and being his hienes['s] free leidges, against the deceast Archibald Campbell, late marques of Argyle, James Campbell of Ardkinglas, Dougall Campbell of Innerra and Archibald Campbell in Ballicharrie, for the crymes, facts and deids of heigh treason and others acts of murther, slaughter, oppression, robrie, fyre raiseing and other misdeids and maleversations, ane or mae, against our said soverane lord his umqhile dearest father, of blessed memorie, and against the fornamed persons, persewers, his majesties' frie subjects, for their adherence and loyaltie to his majestie and his said umqhile dearest father their service, and for all other crymes which may be layd to their or any of their charges tutcheing the decerning and declareing of the saids defenders, or ane or other of them, to be guilty of the saids crymes and deids be decreit of our said soverane lord, with advice of the estates of parliament or those impowered and authorized by his majestie for that effect, and thairfor to have incurred the paine of heigh treason viz, the forfalt of liffe, lands, dignitie, estate and goods, at the least such other censure and punishment in their persones, names, fames, estate and goods as our said soverane lord be himselff and, with advice of the saids estates of parliament, or those impowered and authorized by his majestie for that effect, shall think fit to inflict by fineing, confyneing or otherwayes according to the nature and qualitie of their crymes, misdeids and maleversations, ane or mae, and the benefite therof to be applyed to our said soverane lord's use, or such use as his majestie or those impowered and authorized by his heighnes for that effect shall appoint, becaus be the 129[th] act of the eight parliament of his majesties' dearest grandfather, King James the 6[th], of blessed memorie, his majestie and three estates then assembled in parliament ratified and approved the royall power and authority over all estates, alswell spirituall as temporall, within this realme in the persone of his majestie, his airs and successors, and statute and ordained that his heighnes and his successors be themselffs and their councill wer and should be judges competent to all persons his majesties' subjects of whatsumever degree, function, estate or condition they should be of in all maters, wherin they or any of them should be apprehended, summoned or charged to answer, and that none should presume nor take upon hand to declyne the judgment of his heighnes, his airs and successors or their councill in the premisses, under the paine of treason; and siclyk, be the first act of the 8[th] parliament and first act parlaiment 18[th] of his majesties' said umwhile dearest grandfather King James [the] 6[th], his majesties' soverane authority, princelie power, royall prerogative and priveledge of his croun, over all estates, persones and causes whatsomever, is confirmed in the person of his majestie and his hienes['s] successors, and the haill estates then conveened in parliament for them and their successors faithfullie promitted perpetually to acknowledge, obay, mantaine, defend and advance the life, honor, safetie, dignitie, soverane authority and prerogative royall of his majesties' said umqhile dearest grandfather, his airs and successors and priveledges of the croun, with thair lyves, lands and goods, and to withstand all persons, power or estates who should presume any wise to impugne or prejudge the same; which act is ratified be the thrid act of the first parliament of King Charles the first, of ever blessed memorie, his majesties' umqhile dearest father; lykas be the thrid and fourt acts of King James the first his first parliament, and by the 37[th] act of the second parliament of King James the first, and severall other acts, it is statute that none rebell against the king's person or authoritie or, if they doe in the contrarie or make war against his leidges or subjects, ressets any such traitors or supplies them† or does favour to rebells or any wayes assists them, or does not ryse at his majesties' command being required, they being convict therof, are punishable as traitors; lykas, be the 13[th]† act of parliament the 8[th] [and] the 10[th] act of the 10 parliament of King James [the] 6[th], all depravers of his majesties' lawes and medlers in his majesties' affairs, or misconstruers of his proceidings, wherby any mistake may be moved betuixt his majestie and his loveing subjects are punishable by death; lykas, be the first act of King James the 5[th] his 3 parliament, and be the 51[th] act of the xi parliament of King James [the] 6[th], all burners of folks in their houses, all burners of houses and cornes and willfall fyre raiseing, as also all murther and slaughter of his majesties' leidges, wher the partie slane is under trust, credite, assureance and power of the slayer, the same is declared treason and leismaiestie; lykas, be the 75[th] act of Quein Maries 9[th] parliament and diverse other acts, it is statute that no maner of person or persons of whatsumever qualitie, estate, condition or degree (they being leidges of this realme) shall attempt to raise any bands of men of war on horse or foote without speciall licence in writ had and obtained of the queen's majestie for the tyme and her successors, under paine of death to be execute upon the raisers and rysers in armes; as also, be the 50[th] act of the xi parliament of King James [the] 6[th] it is statute and ordained that incaice it shall happen any landed man to be convict of the crymes of common thift, resset of thift or stelthreiff in tymecomeing, they shall incurre the cryme and paine of treason, that is tinsell and forfaltour of life, lands and goods, lykas be the common law, lawes and practick of this kingdome, all committers of murther, manslaughter, robrie, rapine or reiff is punishable be death and arte and parte of any such crymes, as also be the samen lawes all privat imprissoners, keepers of privat prissons and false imprissoners and all oppression whatsumever are punishable in lykemaner; and siclyk, be the 14 cap. of the acts of King Malcolm the second, makeing mention that forsameikle as it hath been sindrie tymes seen that diverse wicked and unjust men have slain faithfull, peaceable and well liveing men for envy, or procuration of others or for desire of their wyves' lands or geir, and the said menslayers have entered be this way to the possession of the lands and goods of these who wer slane and, to the effect they might brook and possesse the same peaceablie, they did also slay all the freinds and specially the childreen of them who wer slain be them of before, it is statute that the king shall have just action against those malefactors and their recepters becaus all the cheiff and principall men who did so wer false and men sworne against God, the king and the realme. Notwithstanding of which lawes and acts of parliament in the yeers 1643, 44, 45, 46 and 1647, in ane or other of the moneths therof, the deceast James, marques of Montrose and Sir James Lawmond of Inueryne, knight, being commissionat be his majesties' dearest father, of ever blessed memorie, to ryse in armes, and specially the said Sir James Lawmont, haveing also warrand from the said deceast marques of Montrose to raise all his men, freinds and followers and others who would adhere to him against the said deceast Archibald Campbell, late marques of Argyle and his followers, who wer then in rebellion against his majesties' said deceast father, the said Johne McDougall of Donnollie and the deceast Alexander McDougall, his father, haveing risen in armes with all their followers to the number of 500 men of their freinds, kinred and tennents and joyned themsellfs to the said Sir James Lawmont dureing the war in the said yeers, and being still in armes in his majesties' most royall father his service, wer invaded by the said defenders and particularlie be the said deceast Archibald Campbell, late marques of Argyll and David Leslie, and these in armes with them, and pursued to the fort of Donnavertie in Kintyre, which, not being able to hold out, ther being ane message sent in to these within the fort that if they did not come forth again ten hours the next day they should not have quarters, and if they come out they should have quarters, and the said Johne McDougall, being within the fort with his freinds who, haveing punctually as wes desired, at the verie hour of the day come forth and rendered themselffs, they wer all be the instigation of the deceast Archibald Campbell, late marques of Argyll, to the number of fyve hundreth men, officers and souldiers cruellie and inhumanelie butchered in cold blood (the said Johne McDougall, being then a child and in nonage wes only spared).
And the said deceast Archibald Campbell, late marques of Argyll, therafter in the saids yeers or ane or other of the moneths of the respective yeers of God abovespecified, did ryse fyre and brunt the saids persewers' haill lands viz, the 8 merk land of Ardmadie, the 6 merk land of Barngary, the 8 merk land of Achnasaill, the 4 merk land of Bellacharie, the 4 merk land of Drumnamucklish, the 6 merk land of Rarae, the 4 merk land of Lekish, the 2 merk land of Barleck, the ane merk land of Pennylochow,† the 4 merk land of Kilnivran,† the 4 merk land of Beldranan,† the 6 merk land of Bellicherrell,† the 6 merk land of Lagganmore, the 4 merk land of Laganbeg, the 4 merk land of Dounmoir, the 6 merk land of Kilbryd, the 4 merk land of Oban, the 2 merk land of Carnband,† the 4 merk land of Cuilecherran, the 4 merk land of Innervergan, the 20 shilling land of Letirdualtane, the halff merk land of Deirlochan, the 30 merk land of Kerrarie, the 12 merk land of Degnish, the 18 merk land of Netherlorne, the 10 merk land of Ardincapell, the tuo merk land of Clepok, the lands of Muleg, the lands of Soraba, the lands of Golgin, the four merk land of [...] belonging to the said Dougall McDougall of Dunanch,† and cruellie robd and tooke away the haill bestiall, goods, cornes and plenishing that wes upon the saids lands to the value of 12000 libs sterline; of the whilk rebellion, robrie, murther, slaughter, burnings, depradations and other crymes forsaids committed against the saids lawes and acts of parliament, in ane or other of the saids moneths of the respective yeers of God abovewritten, the saids defenders, or ane or other of them, and particularly the said deceast Archibald Campbell, late marques of Argyll, wer actors, authors, aiders, abaters, assisters, contryvers, devisers or arte and parte, and thairfor have incurred the paines contained in the saids acts of parliament.
Secondlie, in the yeer 1646, in ane or other of the moneths therof, the saids James Campbell of Ardkinglas, Dougall Campbell of Inneraw, Johne Campbell of Dunstaffnage, Archibald Campbell, wncle to the laird of Barbrek, and Archibald Campbell of Baringar, officers in the said deceast Archibald Campbell, late marques of Argyle, his regiment and under his command, haveing taken armes against his majesties' said umqhile dearest father, of glorious memorie, and his said commissioner, at command of the said deceast Archibald Campbell went with a partie under their command to the yle of Keirrara and ther, by forthought fellonie, most cruellie murthered with swords and durks Johne† McDougall of Slatera and Dougall McDougall,† Alexander McDougall, Duncan McDougall, Duncan Mccoulay, Johne McVartine, Lauchlane Mcconnoch vic Ineoch, Johne Mcilcheon, Johne Mckeirrick, alias Leich, Duncan Mccallane, Johne Mckeag, Johne Mcilmichell [and] Donald Mcilvernak, innocent persons his majesties' free leedges, liveing under his majesties' protection and authority and that under cloud and silence of night, and tooke sex others captives viz, Hew McDougall, Ewin McDowgall, Duncan McDougall, Ronald McDougall, Donald Mcgillespie [and] Johne Oconocher, and even, after quarters given for liffe, at least in cold blood and being his majesties' free leidges, caried them prissoners to Inneraray and ther cruelly murthered and hanged them to death; off the which cruell cryms of murther the fornamed persons, or ane or other of them, wer authors, aiders, abaters, assisters, contryvers, devisers or arte and parte.
Thirdly, the said Johne McDougall of Rarae, being also joyned with his majesties' deceast father's commissioner the marques of Montrose and Sir James Lawmont, and haveing, in obedience of his majesties' command, taken armes against the said deceast Archibald Campbell, late marques of Argyll and his adherents, the said deceast Archibald and other persons forsaids, or ane or other of them, in the saids yeers of God 1644, 45, 46 and 1647, in ane or other of the moneths therof, most violentlie and be masterfull reiff and oppression did intrude themselffs in the said Johne McDougall of Rarae, his haill lands and estate, being of yeerly rent 5,000 merks, and possest the same the saids yeers so that the said Johne McDougall, haveing addrest himselff to James, duke of Hamilton, his majesties' said deceast most royall father's generall in the yeer 1648, from whom, haveing receaved some releiff, the said John went bak to the shire of Argile to act in his majesties' said deceast father's service and, being his majesties' free leidge wes, notwithstanding thairof, surprized be the said deceast Archibald Campbell, late marques of Argyll or the fornamed persons under his command, or ane or other of them, in the said yeer 1648 or 1649 or in ane or other of the moneths of the saids yeers and, being his majesties' frie leidge, as said is, wes put, confynd and imprissoned within the toun of Innerary, being a gentleman of 80 yeers, and so deteaned prissoner ay and whill he wes forced to resigne his house and estate of Ardmadie, extending to 90 merk land and ane quarter of the teiths of the paroche of Kilbranden to the said deceast Archibald Campbell, late of Argyle, wherby the said poore old gentleman and Allan Mc Dougall wer put to extream misery and left to beg in the cuntrie; off all which rebellions, rapines, robries, fyreraisings, oppressions, imprisonment of his majesties' frie leidges, the fornamed persons, defenders, or ane or other of them, and particularly the said deceast Archibald Campbell, late marques of Argyle, wer actors, authors, aiders, abaters, assisters, contryvers, devisers or arte and parte.
Fourthly, in anno 1646 the said Johne Mcdougall of Donnollie haveing, for his majesties' said deceast royall father's service, placed a garison in his house of Donnollie, and haveing placed Dougall McDougall of Donnaach governour therin, he, being reduced to extremitie, wes forced upon capitulation of frie quarters for himselff and his companie of their lyves, fortunes and goods, being then acting in his majesties' said deceast royall father's service under his said commissioner, wes invaded in a hostile maner be the said deceast Archibald Campbell, late marques of Argyle and the forsaid persons under his command, at the least be ane or other of them, and the house of Donnollie beseidged be them, so that the said Dougall McDougall, governour forsaid, wes forced to capitulat in maner abovewritten. Notwithstanding whairof, the said deceast Archibald Campbell, late marques of Argyle, at least the saids persons under his command or ane or other of them, contrare to the saids lawes of this kingdome and acts of parliament forsaid, and contrarie to their faith and capitulation, did seise upon and apprehend the person of the said Dougall, being his majesties' frie leidge and acting in his majesties' service, and caried him prissoner to ane castle in Argyll called Inchconnell, and did put him in the dungeon therof with heavie yrons upon his legs and armes, and so deteaned him ther ane yeer and three quarters in the yrons, which consumed his flesh and sinewes of his legs till, by torment and paine for safety of his liffe, he wes forced to resigne and dispone to the said deceast Archibald Campbell, late marques of Argyle, the four merk land of Belliecharrie, and to pay ten thousand† merk[s] for his expences dureing his imprissonment; of all which cruell rebellion, murther, false imprisonment and oppression abovewritten the fornamed persons, defenders, or ane or other of them, and particularly the said deceast Archibald Campbell, late marques of Argyle, wer authors, aiders, abaters, assisters, consulters, devisers, advisers or arte and parte.
Fyftlie, the said deceast Archibald Campbell, late marques of Argyle, haveing excludeit his oune father from his estate and put him to unsupportable straits and intending to inhance and get in his power the haill estates of all the gentlemen within the shire of Argyll, he did, under culor and pretence of law, in the yeers 1631, 32, 33, [and] 1634 or therby, or in ane or other of the moneths of ane or other of the forsaids yeers, take ane assignation to ane decreit† against the said Johne McDougall, his goodsir, not exceiding the sume of one thousand punds† and privatelie, without any lawfull charge given, caused denunce him rebell and apprehended him with caption, and keept him prissoner in his oune house of Craigneish and Skonneill, and therafter to Dunstaffnage from one prisson to another, not as a prissoner for a civill debt bot as ane malefactor, notwithstanding of severall tymes offer of the debt, and so deteaned him prissoner be the space of 18 moneths bot any remeid, till he wes forced, without any just cause, to renunce and dispone to the said deceast Archibald, late marques of Argyll, the lands of Dalgnes, the lands of Kilchoen, the lands of Auchanaird in Lesmoir, Coldtoun, Sannachen, Archein and Barein, being a 38 merk land worth 3,000 merk[s] be yeer or therby, and upon a stollen throw decreit of removeing, without any lawfull citation or any other just and lawfull ground, in the said yeer 1634 did also take from the said John McDowgall's goodsir, or at least from Allane McDougall of Torsay, to whom the said Johne McDougall's goodsir wes bund in reall warrandice, ane 20 merk land in Lyone, which he hes still possest since that tyme. Lykas also, in anno 1646, in ane or other of the moneths therof, the said Johne Mcdougall, haveing ane tak of the quarter of the teinds of the paroche of Kilbryd, which wes not then expyred, the said deceast Archibald Campbell, late marques of Argyle, and the saids persons under his command, at least ane or other of them in the said yeer 1646, in ane or other of the moneths thairof, did most violentlie, without order of law, intrude themselffs in the possession of the saids teinds and medle therwith, so that his greed and oppression is most manifest; off which crymes of oppression, the fornamed persons, defenders, or ane or other of them and in particular the said deceast Archibald Campbell, late marques of Argyll, wer authors, actors, aiders, abaters, consulters, devisers, contryvers, advisers or arte and parte.
Sextlie, the said Johne McDowgall and some of his said rwined freinds haveing, in the yeers 1644, 45, 46 and 1647, or in ane or other of the moneths therof, for the good of our soverane lord's deceast most royall father's service, and for safety of himselff and his freinds from the crueltie of the said deceast Archibald Campbell, late marques of Argyll and his freinds, did fortifie their house of Donnollie, and after the said deceast Archibald Campbell, be himselff and his freinds, had caused burne the said Johne Mc Dowgall his house of Gyland in the yle of Kerrara, haveing threatned those that wer therin with hanging to death if they did not burne the same, the said house wes accordingly, at his command, brunt and therafter, being forced to mak capitulation with David Leslie and Collonell Holburne, then leiders of the forces in assistance of the said deceast Archibald Campbell, late marques of Argyll, for the said house of Donnollie, they did delyver to the said Johne Mcdougall his house of Donnollie, with the hail furniture therin undestroyed, with his hail writs and charter kist, and immediatly therafter, Coline Campbell of Lochinyell, being then under command of the said deceast Archibald Campbell, late marques of Argyll, did by the instigation of the said deceast Archibald Campbell, or ane or other of the said persons, most falslie and deceatfully desire the use of ane chalmer of the said Johne Mcdougall his house of Donnollie; no sooner wes he entered, and the said Johne feareing no harme, he wes denyed entrie to his oune house and secluded therfra, and his haill goods, geir, plenishing and charter kist medled with violentlie and deteaned, so that the said Johne, feareing the crueltie of the said late marques, wes forced to reteir to the north wher he wes intertained and protected be Sir James McDonnell dureing the space of ane yeer, dureing which space and seven yeer after the said Coline Campbell of Lochinyell's entrie the rent of Donnollie wes uplifted be the said late marques of Argyll and his factors and others for his use, and at last for saifing of the wyves and childreen of those who wer murthered at Donnaverty and Kerrara, being then all destitute of subsistence, and the said Johne Mcdougall of Dunnollie redacted to great miserie, the said deceast Archibald Campbell, late marques of Argyle and his freinds, haveing possest and taken all their estates, reall and personall, the said Johne Mcdougall wes forced (without any justice or onerous cause) to give over and quyte to the said late marques his heretable baillierie of Lorne, and his houses and lands of Donnollie (being the marrow and best parte of his estate[)] for no other cause bot for granting of ane pretendit remission to him for being in his majesties' service; off the which crymes of cruell oppression and others forsaids, the fornamed persons, defenders, or ane or other of them and in particular the said deceast Archibald Campbell, late marques of Argyle, wer actors, authors, aiders, abaters, assisters, contryvers, devisers or arte and parte.
Seventhlie, the said late marques at that tyme setting himselff doun in his majesties' throne and usurpeing his hienes['s] authority and soveranity and priveledge and dignity of his royall croun, which his majestie hes to suspend any lyk crymes and all paines and penall lawes, did most treasonablie, against our said soverane lord and perfideouslie against his alledgeance, take upon him to grant and did actually grant remissions under his hand to the said Johne and Dougall McDougalls for themselffs and their freinds, for all crymes and other deids whatsumever alledged committed be them or their freinds in the bygone tyme of his majesties' service (which by the forsaid remission he most traiterously termes to be rebellion) as the said remissions under his hand of the date at Inneraray, the 27 and last days of October and July 1649 and 1654 yeers beares; of the which crymes of heigh treason, oppression and others forsaids, the fornamed persons, defenders, or ane or other of them, and in particular the said deceast Archibald Campbell, late marques of Argyll, wer actors, authors, aiders, abaters, assisters, contryvers, councellors, devisers, advisers or arte and parte.
And therfor, the saids defenders to have compeired befor our said soverane lord and estates of parliament, and these impowered and authorized by his majestie at a certane day bygone to have heard and seen it fund and declared that they, and ilke ane of them, at least ane or other of them, are guilty and culpable of the crymes of heigh treason and other acts of murther, slaughter, oppression, robrie, fyre raiseing and other misdeads and maleversations, particularly and generallie abovespecified, and that therthrow they and ilk ane of them, at the least ane or other of them, have incurred the forsaid paine and punishment of heigh treason viz, the forfaltour of their lives, lands and goods, and the benefite therof to be applyed to his majesties' use, at the least they or ane or other of them have incurred the forsaid censure and punishment in their persons, names and fames, and in their lands, estates and goods, by fyning, confyning or otherwayes, censured and punished as manifest traitors and enemies to his majestie and this his hienes['s] kingdome at the arbitrement and determination of our said soverane lord the king's majestie be himselff or, with advice of his saids estates of parliament, or those impowered be his majestie for that effect, according to the nature and quality of their crymes, misdeids and maleversations, ane or mae respective forsaids, as his majestie or these impowered or authorized be him for that effect should think expedient, which ought and should be inflicted upon them with all rigour in example to others in all tymecomeing; and als, to have heard and sein the forsaids dispositions, resignations and rights respective abovewritten, which the said deceast Archibald Campbell, late marques of Argyle, most violentlie and unjustlie forced and compelled the saids Johne Mcdougall of Donnollie, Johne McDougall of Rarae, now deceast father to the said Allane Mcdougall, now of Rarae, the said Dugall McDougall of Dunaach and Johne McDougall of Dagnish of the lands, teinds, heretable baillierie and others respective abovewritten in maner abovespecified, and all other dispositions, deids and infeftments whatsomever made to the said deceast Archibald Campbell, late marques of Argyll, or to any others in his name to his behove of the same, decerned and declared to have been, from the beginning to be now and in all tymecomeing, null in themselffs and of no availl, force, strenth nor effect, with all that hes followed or may follow therupon, and the said Johne McDougall of Donnollie, Allane McDougall, now of Rarae, as son and air to the said umqhile Johne McDougall, his father, Dougall McDougall of Donnaach and Johne McDougall of Dagnish, ilk ane of them, for their oune parts respective, restored in integrum ther against cum omni causa, and they peaceablie repossest in their severall lands, teinds, heretable baillierie and others abovewritten, as their oune propper lands and heretages, to be brooked by them, their aires, successors and assignayes in all tymecomeing at their pleasure; and siclyk, the said deceast Archibald Campbell, late marques of Argyle, to have heard and sein him decerned to give bak and delyver to the said Johne McDougall of Donnollie his haill writs and charter kist sua violently taken from him be the said deceast late marques of Argyll and his complices, as said is, conforme to the lawes and practick of this realme, and to justice, equitie, reason and conscience and conforme to ane decreit and sentence to be given and pronunced be his majestie and estates of parliament against the saids defenders therin, as in the said criminall summons and lybell abovewritten at more lenth is contained.
The said Sir Johne Fletcher, knight, his majesties' advocat for his heighnes['s] interesse in the said mater, compeiring personally and the saids Johne Mcdowgall of Donnollie, Allane McDougall of Rarae, Dougall McDowgall of Donnaach and Johne McDougall of Dagnish, persewers for themselffs and in name and behalff of their freinds, kin, servants and followers, compeiring be Masters David Heriot and William Maxwell, advocats, their procurators, who declared upon the fyft day of Junij lastbypast that they did not then insist against the said Archibald Campbell, late marques of Argyll, for any criminall punishment inrespect he hes suffered for his treasonable deids and actions committed against our soverane lord the king's majestie, bot that now they insist against him in sua far as may state the losses and prejudices sustained be the saids persewers and thair freinds in maner therinexprest, and craved that they may be reponed to their lands, teinds, offices and others above exprest, wrongouslie taken from them be the deceast Archibald Campbell, late marques of Argyle, and his compleisses and for obtaining reparation of their losses, and that they insisted against the remanent persons, defenders, upon the lybell abovewritten, as the same stands lybelled, and the said deceast Archibald Campbell, late marques of Argyll, befor his decease and remanent defenders abovenamed, compeirand be Masters George Norvell, Robert Sinclair, Johne Coninghame, George Mckenzie and Andrew Birnie, their procurators, the reasons and allegations of both the saids parties compeirand, being read, heard, seen and considered be ane certane number of the lords and others of the estates of parliament, commissionat by the whole estates for that effect, and they therwith and, with the haill poynts and contents of the said criminall lybell and summons (now insisted vpon), being well and ryplie advised, and haveinig made their report in presence of the saids haill estates of parliament in maner after exprest; with which report and haill contents therof, depositions of witnesses and other probation, evidences and grounds adduced for probation of the said lybell, the saids haill estates of parliament, being well and maturely advised, our soverane lord, with advice and consent of the estates of parliament now conveened, finds and declares that all and sindrie the forsaids dispositions, renunciations, bands, assignations and others rights particularly above exprest have been from the begining, are now and in all tyme comeing, voyd and null, as if the same had never been made nor granted, and als finds and declares all and sindrie dispositions, renunciations, resignations, bands and other writs whatsumever made and granted be the saids persewers, or any of them or their predicessors, to and in favours of the said Archibald Campbell, late marques of Argyle, or any others to his behove or to any of his assistants who wer joyned with him in councill or armes for granting pardon to the saids persewers, or any of thair saids predicessors for their service under the said deceast James, marques of Montrose, Sir Alexander McDonald or any others imployed in his majesties' service since the tymes of their apprehending and takeing as prissoners or flieing for their lyves respective, which they wer compelled to doe by force or imprisonment, with all that hes followed or may follow therupon, to have been from the begining, to be now and in all tyme comeing, voyd and null as if the same had never been made nor granted, and are heirby declared to mak no faith in judgement nor outwith the same in tymecomeing; and siclyk, our said soverane lord, with advice and consent of the saids estates of parliament, finds, decernes and declares all declarations and proclamations made and emitted against any of the saids persewers or their predicessors, and all acts of the pretendit parliaments or comitties for the tyme or others acts and decreits whatsumever made against them, or any of them, their freinds and followers for their joyning with and assisting the forsaids persons imployed in his majesties' service, as said is, to be voyd and null in all tymecomeing as if the same had never been made, emitted nor granted; and als, finds and declares that the murthers and depradations mentioned in the severall articles of the said criminall summons, and dittayes therin lybelled, wer committed and done be the fornamed persons, defenders, and those under their command for the tyme. And therfor, our said soverane lord, with advice and consent of his saids estates of parliament, decernes and ordaines the fornamed persons persewers to be reponed and restored to the actuall, reall, voyd and peaceable possession of their severall lands and teynds, castells, houses, bigings and pertinents thairof, particularlie above and after exprest, that is to say the said Johne McDougall of Donnollie to be reponed and restored to his possession of the sex merk land of Kilchoin and tuelff merk land of Degnish, the four merk land of Cadletan, the tuo merk land of Sonachan, the tuo merk land of Bernareich,† the eight merk land of Ardchonnill, the four merk land of Achinnard, [and] the three merk land of Donnolich, more the tuentie merk land of Lyne viz, the four merk land of over Ardlarich, the four merk land of Nether Ardlarich, the four merk land of Torsay, the four merk land of Pardinshoch and the four merk land of Ardinnber,† with the said teinds of Kilbryd perteaneing to him, and the heretable office of the baillierie of all Lorne; and the said Allan McDougall of Raray to be reponed and restored to the actuall, reall and peaceable possession of the sex merk land of Rayray, the ane merk land of Pennilochan, the four merk land of Ardmadie, the sex merk land of Barnayerrie, the four merk land of Achinashall, the four merk land of Barnacarrie in Nether Lorne, the four merk land of Dounmoir, the sex merk land of Kilkyd,† the tuo merk land of Carnbane, the four merk land of Balliquhouine, the four merk land of Oban, the four merk land of Kilnirvyne, the four merk land of Barindronan,† the sex merk land of Barrichireall, the four merk land of Leckish, the tuo merk land of Barabeg, the sex merk land of Laganmoir, the four merk land of Laganbeg, the four merk land of Drumnamucklich, the four merk land of Cuilcharran, the four merk land of Inneraigan, the tuo merk lands of Letterwualtoune and Dearlochan, and the four merk land of Creignanich, and teinds abovewritten belonging to him; and the said Dougall Mcdougall of Dunaach to be reponed and restored to the actuall, reall and peaceable possession of the four merk land of Bernacarrie in Midlorne, [all] whairof the forsaids persons, defenders, and their predicessors have been unjustlie dispossest, in maner abovewritten, and declares that they may presentlie enter therto, brooke, joyse and possesse the same freelie, peaceably and quyetlie, without any let, hinderance or impediment to be made to them be any person or persons whatsumever in any tyme comeing, and for that effect decernes and ordaines the haill fornamed persones, defenders, presentlie to flit and remove themselffs, their wyves, bairnes, families, tennents, subtennents, servants, cotters, goods and geir furth and fra the forsaidis lands, with the pertinents particularly abovexprest, and to desist and cease therfra and leave the same voyd and red, to the effect that the saids persewers, for their oune parts abovedevydit, may be themselffs, their tennents, servants and others in thair names, enter thairto, brook, joyse and possesse the same be themselffs, thair airs and successors, as their oune propper heritage at their pleasure in tyme comeing.
Becaus after that the said deceast Archibald Campbell, late marques of Argyll, and the remanent defenders abovenamed, thair saids procurators wer at lenth heard to debate and to give in what they had to say in writ for eleiding of the poynts of the said criminall summons befor the lord commissioner and lords of the articles, therafter the said lord commissioner and lords of the articles did nominat and appoint certane of the members of parliament viz, William, earle of Dumfreis, Sir George Mckenzie of Tarbet, Sir James Fouls of Colingtoun, Sir Archibald Stirline of Carden, Alexander Bayne, commissioner for the burgh of Dingwall, and Andrew Ross, commissioner for the burgh of Tayn, or any three of them, to consider and take tryell of the relevancie and probation of the said summons and criminall persute and processe, and to make their report theranent. And they haveing at lenth read and considered the same, and probations led therintill, they fand it sufficientlie provin that the said deceast Sir Johne McDougall of Donnollie, goodsir to the said Johne McDowgall, now of Donnollie, and the said Johne McDougall of Donnollie, himselff, the saids Allane McDougall of Raray and Dougall McDougall of Donnaach, wer taken prissoners by the fornamed persons, defenders, and wer keeped in prisson untill they wer forced to dispone and renunce all right and tytle they had or could pretend to their severall lands, offices and estates mentioned in the severall articles of the said criminall lybell and dittay, to and in favors of the said deceast Archibald Campbell, late marques of Argyll, and that they wer in peaceable possession of the saids respective lands lybelled untill the tyme that they wer apprehendit and forced to make the dispositions and resignations thairof forsaid, and that the said late marques of Argyll hes been in possession therof ever since; and als, they fand it sufficiently proven that the said John Mcdowgall, now of Donnollie, wes forced to flie to the yle of Sky for safety of his liffe, and that befor he wes saiff to returne he wes forced to quyt the baillierie of Lorn and his house and lands of Donnollie to the said late marques of Argyll. And lykwayes they fand it sufficiently proven, by many and diverse witnesses, that the murthers, slaughters and depradations mentioned in the severall articles of the said criminall summons, and dittays therin lybelled, wer committed and done be the fornamed persons, defenders, and those under their command for the tyme, and therfor, it wes the humble opinion of the fornamed persons sua nominat and appointed, to the lord commissioner his grace and honorable estates of parliament, that the forsaids persons, persewers, should be, by ane act of this present parliament, reponed and restored to the actuall, reall and peaceable possession of their severall lands, teinds and offices lybelled, castles, houses, bigings and pertinents therof, siclyk and in the same maner as they wer befor their imprissonment, and that they may presently peaceably enter therto, without any let, hinderance or impediment, and that all dispositions, resignations, renunciations, bands lybelled and others rights whatsumever made and granted be them, or any of them or their predicessors, which they and thair saids predicessors wer compelled to doe by force or imprissonment to and in favours of the said late marques of Argyll, or any others to his behove, with all that hes followed or may follow therupon, should, by this present parliament, be declared voyd and null as if the same had never been made nor granted; and siclyk, it wes thair humble opinion that all declarations emitted against any of the saids persons, persewers, and all acts of the pretendit parliament or committies or other acts and decreits whatsumever made against them, or any of them as being imployed in his majesties' service, as said is, should be declared voyd and null.
Which report abovewritten, being heard, read and considered be the saids haill estates of parliament, and they therwith, being well and ryplie advised, they approved the said report and, inrespect therof, our said soverane lord, with advice and consent of the saids estats of parliament, gave thair decreit and sentence in the said mater in maner forsaid, and ordaines letters of horning on tuentie dayes, if neid bies, to be direct heirupon for chargeing any persons who are in possession of any of the saids lands, teinds, office of baillierie, castles, houses, bigings and pertinents therof, to desist and cease therfra, and leave the same voyd and red to the effect the saids persewers may enter therto, conforme to the tenor of this present sentence, and ordaines all other execution neidfull to passe heirupon, in forme as effeirs, and that the same lettres and executoriells be direct to heraulds, pursevants or messingers of armes for executeing thairof.
[1661/1/467]*[print] [email] [cite] [preceding] [following]
The report wnderwritten wes presented and read in parliament, wherof the tenor followes.
We undersubscryvers, commissioned be the parliament for takeing tryell of the sufferings and losses sustained be Sir Robert Douglas of Blaikerstoun, find that the said Sir Robert Dowglas hes, for his adherence to the royall interest and his endeavours for promoveing the same, sustained the losses and sufferings following. Inprimis, wee find that in March 1644 he wes forced to advance to the pretendit committie of estates the sume of tuo hundreth pund[s] sterline, proven be the band granted be the said pretendit committie bearing interest till the repayment, which principall sume, with the interest till March last at sex per centum, amounts to three hundreth and four score, tuelff pund[s] sterline. Secundo, wee find that the said Sir Robert Douglas wes, after Philiphaugh [and] for his joyning with the marques of Montrose, fyned in and payed the sume of on thousand pund[s] sterline, proven be tuo discharges granted be the severall persons who had power and warrand from the generall commisser to receave the same, which with the interest from the tyme of payment to Candlemes 1661 at sex per centum, extends in the haill to ane thousand and nyne hundreth punds sterline. Tertio, wee find it proven be the depositions of diverse famous witnesses that the said Sir Robert did, by commission from the marques of Montrose, his majesties' commissioner, levey a troope of horse consisting of threescore, besids officers, all well appointed with armes and other furniture, and joyned with the said marques before and at Philiphaugh, the charges whairof the said Sir Robert declares, upon his word of honor, did amount to seven hundreth pund[s] sterline, which with the interest at sex per centum to Witsunday 1661, amounts to one thousand, three hundreth and threttie pund[s] sterline. Quarto, wee find, be the depositions of diverse famous witnesses, that the said Sir Robert Douglas did, in obedience of the commands of the deceast James, duke of Hamilton, his majesties' commissioner for the tyme, and of the privy councill of Scotland, goe to the paroche churches within the barronie of Ranfrew and shirreffdome of Lanerick and ther, with the hazard of his liffe, caused reid his majesties' covenant, the charges wherof the said Sir Robert declares, upon his word of honor, did arise to the sume of one hundreth and fiftie pund[s] sterline. Quinto, the said Sir Robert Douglas declares, upon oath, that by and attour the payment of his fyne he wes forced at that tyme to put forth seven horse and ten dragouns, the charges whairof did amount to tuo hundreth [and] threescore sex pund, threttein shilling[s] [and] four pennies sterline. Sexto, wee find by the depositions of diverse famous witnesses upon oath that the said Sir Robert wes keept prissoner after Philiphauch in the castles of Dumbartan and Glasgow be the space of three quarters of a yeer, at which tyme the whole army under the command of David Leslie, or a considerable parte therof, did ly upon the said Sir Robert his lands and destroy the whole cropt of the grund, and plunder his whole horses, the charges and expences whairof the said Sir Robert declares, upon his word of honor, did amount to the sume of one thousand, three hundreth pund[s] sterline. Lastlie, wee find that in the yeer 1648 ther was three troops quartered on his tennents all the tyme the English armie stayed then in Scotland, and that the said army in the yeer 1650 did spoyle his duelling houses and brunt his principall duelling house of Hairhead, and plundered great quantities of horse, nolt, sheip and cornes that he had on the maynes of Blaikerstoun, and other roums stockt with his oun goods, and that the English, after their landing at Innerkeithen, did plunder his houshold stuff, his wiffe and familie being in the house of Spencefeild within a quarter of a myll of the said toun, as also that he lost great quantitie of silver plate, arras hingings, carpets and other houshold plenishing taken away by the Englishes, all sufficiently proven be the depositions of diverse famous witnesses, the which particulars the said Sir Robert Douglas declares, upon his word of honor, amounts to the sume of tuo thousand and fyve hundreth pund[s] sterline; sua that the totall of his sufferings upon the account of his loyaltie, amounts to the sume of seven thousand, eight hundreth [and] threttie-eight punds, threttein shillings [and] four pennies English money. It is, therfor, our humble opinion that the said Sir Robert Douglas, his sufferings and losses extending, as said is, be recordit in the registers of parliament as ane evidence to present and after ages of his constant and untainted loyaltie in the worst of tymes. Subscryved with our hands at Edinburgh, the eighteinth day of Junij 1661 yeers, so subscribit Montrose, Roxburghe, Jo[hn] Gilmour, S[ir] Ar[chibald Stirling, Robert Murray [and] John Bell.
Which report, being taken into consideration be his majesties' commissioner and estates of parliament, they have appointed and appoints the same to be recordit in the books of parliament.
[1661/1/468]*[print] [email] [cite] [preceding] [following]
The report underwritten wes presented and read in parliament, wherof the tenor followes.
The report of the committie appointed be the lord commissioner's grace and estates of parliament for tryeing and stateing the accompt of the Lord Herreis his losses, which, after the strictest tryell they could make therof, they find it to be as followes. Inprimis, in the yeer 1639 the Lord Herreis, being necessitat to flie from his house and reteir to Carlile with his ladie and haill familie for his adherence to his majesties' service, the gates of his house of Tarregles wer broken up by the souldiers under the command of Sir Robert Monro, and ane great quantitie of his best houshold stuff and plate plundered and away taken be them, as my lord declares upon his word of honor, to the value of three thousand, three hundreth [and] threttie-three pund[s], sex shilling[s] [and] eight pennies. Item, dureing his absence furth of the cuntrie at that tyme with his ladie and familie he wes, as he lykewayes depones upon his word of honor, at the extraordinary charges and expences of three thousand, three hundreth [and] threttie-three pund[s], sex shilling [and] eight pennies. Item, the Lord Herreis furnisht for keeping out the house of Carlaverock perteaneing to the earle of Nithisdale, for his majesties' service, tuo brass guns, the one of 1,000 libs weight and the other 400 pund[s] weight, estimat at 18 shillings Scots the pund weight, extends to the sume of one thousand, one hundreth and fourty pund[s]. Item, tuo yron guns, the one carieing ane ball of four pund[s] and the other ane ball of tuo pund[s] weight, estimat to the sume of three hundreth pund[s]. Item, tuentie double musquets at tuelff pund[s] Scots the peice, inde tuo hundreth [and] fourty pund[s]. Item, fourtie carabines at tuelve pund[s] Scots the peice, inde four hundreth and eightie pund[s]. Item, tuo hundreth pikes at three pund[s] Scots the peice, inde in all sex hundreth pund[s]. Item, other tuentie double musquets sent at the same tyme to furnish and keep out his majesties' oune house of Threve in Galloway, at tuelve pund[s] Scots the peice, inde tuo hundreth and fourty pund[s], thir preceiding articles anent the guns proven be witnesses. Item, in Aprile 1644, when the forces under the command of the earle of Calander wer sent to Dumfreis, the laird of Lamingtoun wes quartered in the Lord Herreis' house of Tarregles with threttie horse the space of tuentie-three dayes and tuentie-four foot for eight days upon frie quarters, as is proven by witnesses, extending the said frie quarter at 18 shilllings Scots per diem the horse and man, and sex shilling[s] Scots the foot, in all to sex hundreth [and] seventie-eight pund[s], tuelve shilling[s]. Item, the same yeer 1644 the lord Herreis, for his joyning in armes with the marques of Montrose, wes forfalt and his haill rent and estate intrometted with for the use of the publict, the cropes 1644 and 1645 being ten thousand, sex hundreth [and] sextie-sex pund[s], threttein shilling[s] [and] four pennies Scots per annum, according to his oune declaration upon his word of honor, inde for the tuo yeers rent tuentie-one thousand, three hundreth [and] threttie-three pund[s], sex shilling[s] [and] eight pennies. Item, for the annualrent of the said sume from Mertymes 1645 to Witsunday 1661, being fiftein yeers and ane halff, at sex per cent, in all nyntein thousand, eight hundreth and fourty pund[s]. Item, in the yeer 1645 the Lord Herres, being with the late king's majestie at Duncaster† and being seik, wes then taken prissoner be Major Leilburne and, as he declares upon his word of honor, ther wes taken from him be the said major one hundreth pund[s] sterline of gold, inde tuelve hundreth pund[s]. Item, the annualrent of that summe from Witsunday 1645 to Witsunday 1661, being sextein yeers at sex per centum, inde in all one thousand, one hundreth [and] fiftie-tuo pund[s]. Item, the Lord Herreis, being releived about a moneth therafter be David Leslie, he wes robed upon the Borders and his horse, bagage and moneys all taken from him to the value of sextie pund[s] sterline, as he declares upon his word of honor, inde seven hundreth [and] tuentie pund[s]. Item, in the yeer 1647 the committie of estates did impose upon the Lord Herres ane fyne of ten thousand pund[s] Scots which he payed to the Lord Kirkudbright's regiment as is justlie instructed be the recepts. Item, for the annualrent of the said summe from Witsunday 1647 to Witsunday 1661, being fourtein yeers, inde in all fourtein thousand, tuo hundreth† pund[s]. Item, in the yeer 1649 the pretendit comittie of war of the stewartrie of Kirkcudbright, upon the accompt of disaffectednes, as they termed it, did force the Lord Herres to put out horse and foote and raised out of his estate nyne moneths' mantenance, amounting in all, as is instructed, to the sume of tuo thousand, fyve hundreth and tuentie pund[s]. Item, for the annualrent of the said sume from Witsunday 1649 to Witsunday 1661, being tuelve yeers at sex per centum, inde one thousand, eight hundreth and tuelve pund[s]. The abovewritten summs amounts, in the whole, to the sume of threscore, seventein thousand, three hundreth [and] tuentie and tuo pund[s], tuelve shilling[s] Scots money, which is besides the unsupportable burden of cess and quarterings the Lord Herres wes lyable to, with the rest of the kingdome, dureing the late unhappie troubles. Sic subscribitur, Montrose, Roxburghe, J. Gilmour, S[ir] Archibald Stirling, Robert Murray [and] John Bell.
Which report, being taken into consideration be the lord commissioner and estats of parliament, they appointed and appoints the same to be recorded in the books of parliament.
[1661/1/469]*[print] [email] [cite] [preceding] [following]
The report underwritten wes presented and read in parliament, wherof the tenor followes.
The earles of Dumfreis and Callander, the Lord Carden and commissioners for Stirline and Air, appointed by the lord commissioner his grace and the lords of the articles to take tryell of the losses sustained be the Lord Colingtoun, doe find that in anno 1648 he depursed sex thousand, sex hundreth pund[s] Scots of his oune propper money upon the leveying of ane regiment of horse for his majesties' service, and that by and attour the great expences he wes at after the defeate at Prestoun. Item, finds, by the testificat of severall gentlemen, his nighbours that, in the yeer 1650, he had his whole tennent houses, barnes, byres and haill onsets in the toun and lands of Newmayns, Craiglockhart and Bowbridge totallie brunt by the usurper's armie, all which are estimat by the saids gentlemen to four thousand pund[s] Scots. Item, it is certified by the said gentlemen that he had his whole plenishing within the maner place of Colingtoun brunt or taken away by the saids usurpers, and that all the doors and windowes, yron work and much of the loftein and rooff wer brunt, pulled doun and destroyed or taken away by the saids usurpers, and that he had severall other houses, barns and byres in Colingtoun brunt and much of his planting cut, all estimat by the saids gentlemen to ten thousand pund[s] Scots money. Item, that he had his whole cornes and others stock upon the mayns of Colintoun, then laboured and possest by himselff and his oune servants, all destroyed and taken away, estimat by the saids gentlemen to three thousand [and] threttie-three pund[s] Scots. Item, it is certified by a great many gentlemen heritors within the paroche of Westkirk, and under their hands, that the said Lord Colingtoun in the yeer 1650 had his maner house of Boningtoun, and the whole tennent houses, barns and onsets belonging therto, destroyed and brunt, estimat by the saids gentlemen to sex thousand pund[s] Scots. Item, finds that when he wes taken prissoner at Eliot ther wes taken from him in gold, money, jewells and horses to the value of three thousand pund[s] Scots money. Item, his whole estate being waste in the yeers 1650 and 1651, as also sequestrat by the usurpers till the yeer 1654, his estate then consisting of the baronie of Colingtoun, baronie of Ratho and lands of Boningtoun, being yeerly worth tuelff thousand, tuo hundreth punds Scots money, conforme to the rentall produced, his losse of the saids four yeers rents defalking one thousand, three hundreth [and] threttie-four pund[s] receaved out of the lands of Ratho, together with tuo thousand pund[s] reckoned in the former article as ane yeer's rent of the Park and Maines of Colingtoun, amounts to fourty-fyve thousand [and] threttie-three pund[s] Scots. Summa of the whole losses abovewritten, extends to seventie-seven thousand, sex hundreth [and] sextie-sex pund[s], and it is our humble opinion that the saids losses should be recorded in the books of parliament. Sic subscribitur, W. Dumfries, Calander, S[ir] Archibald Stirling, Duncane Nairne [and] Williame Cwnynghame.
Which report, being taken into consideration be the lord commissioner and estates of parliament, they have appointed and appoints the same to be recorded in the books of parliament.
[1661/1/470]*[print] [email] [cite] [preceding] [following]
The report underwritten wes presented and read in parliament, wherof the tenor followes.
We the earles Dumfreis and Callander, the lords of Colingtoun and Carden, and the commissioners from the burghs of Stirling and Air, appointed by the lord commissioner's grace and lords of the articles to consider the losses sustained by the laird of Polmais and to report the same, doe find that in anno 1648 the laird of Polmais had his lands of Torbrecks, Cambusbarron and Shiphaugh, and lands lyand about St Ninians Kirk, totallie destroyed by the forces who wer at Stirline in opposition to his majesties' armie commanded by the earles of Crafford and Lanerick, and that his losse wes of corne to the value of tuo thousand, four hundreth pund[s], the vastation of the forsaids lands haveing been attested by tuo of their oune number. Item, find that after the defate at Dumbar and Innerkeithen the usurpers did spoyle and away take of houshold plenishing and furniture to the value of tuo thousand, four hundreth punds from him. Item, finds that in the yeer 1650 and 1651 his whole estate wes layd waste and destroyed, partlie by his majesties' armies in Stirline and Park thairof and partlie by the usurper's armie after his majestie marched into England, and that his losses sustained therthrow amounts to tuenty-fyve thousand, three hundreth [and] threttie-three punds, as wes declared upon oath by tuo famous gentlemen. Item, finds he had of his wood cutted and destroyed by his majesties' armie at Stirling to the value of sex hundreth [and] threescore sex punds, threttein shilling[s] [and] four pennies. Item, finds that the said laird of Polmais lost at Worcester, in horse, moneys and other necessaries, the sume of three thousand, sex hundreth punds, and that he sustained great losse and prejudice by being a constant prissoner dureing the usurper's power. Item, finds that his whole estate, haveing been sequestrat in annis 1652, 1653 and 1654 by the usurpers, he wes damnified in the sume of sextein thousand pund[s], which, with the interest since that time, amounts to tuentie-tuo thousand, seven hundreth [and] tuentie punds. Item, finds, by tuo discharges produced, that the laird of Polmais payed of fyne to the usurpers the sume of fyve hundreth pund[s] sterline, which, with the interest since Witsunday 1654, extends to eight thousand, fyve hundreth [and] tuentie punds. Summa of the abovewritten losses, extends to threescore, fyve thousand, sex hundreth [and] threttie-nyn pund[s], threttein shilling[s] [and] four pennies, and it is our humble opinion that the losses abovewritten should be recorded in the books of parliament. Sic subscribitur, W. Dumfries, Calander, S[ir] Archibald Stirling, James Foulis, Duncane Nairne [and] Williame Cwnynghame.
Which report, being taken into consideration be the lord commissioner and estates of parliament, they have appointed and appoints the same to be recorded in the books of parliament.
[1661/1/471]*[print] [email] [cite] [preceding] [following]
Charles R[ex],
Charles, be the grace of God, king of Scotland, England, France and Ireland, defender of the faith, to our loveits lyon king at armes and his brethreen heraulds, messingers, our shirreffs in that parte, conjunctly and severally specially constitute, greiting. Wheras the sense wee have of the sufferings of our people throw the undue administrations dureing these late troubles, and our desires to refresh them with the streames of justice flowing through the right channells, have made ws to order the sitting of our session and to authorize our commissioner to adjourne our parliament for some tyme. Yet, wee being sollicitous that our good subjects may enjoy the fruits of our government in a full security of their lyves, fortunes and liberties doe intend, for that end, at the next session of parliament, to passe such ane act of frie pardon, oblivion and indemnity as may be a ground of a firme setlement and peace amongst our people. And in the mean tyme, wee doe assure all our good subjects that none shall be questioned in their lyves or fortunes for their bygone actings in relation to the late troubles, they carieing themselffs as becomes. Our will is heirfor and wee charge yow straitlie and command that, incontinent these our letters seen, tow passe to the mercat croce of our burgh of Edinburgh, and to the remanent mercat croces of the head burrowes of that our kingdome, and ther, by open proclamation in our name and authority, make publication heirof to all our leidges and subjects wherthrow none pretend ignorance of the same, as yow will ansuer to ws. The which to doe wee commit to yow conjunctly and severally our full power be these our letters, delyvering the same by yow duely execute and indorsed agane to the bearer. Given under our hand at Whitehall, the tuentie-eight day of Junij 1661, and of our reigne the 13[th] yeer. Subscribitur, by his majesties' command, Lauderdaill.