[1662/5/53]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, considering that severall complaints wer given in by diverse well affected persons against the violence and oppression committed upon them be the late marques of Argyll, and that specially for their affection and loyaltie to his majestie, upon many of which complaints, processe wes depending befor his forfaltour; as also, that ther wer diverse petitions then given in be severall of the creditors in order to the repayment of their just debts, wherupon the saids estates of parliament did, upon the tuentie-seventh of May last, humbly desire the lord commissioner's grace to interpose with his majestie that his majestie might be graciously pleased to allow his parliament, or such as should be appointed be them, to take tryell of and to represent to his majestie the interest and condition of these opprest people and their oppressions, and the interest of the creditors of the said late marques of Argyll or any other forfalted person, befor his majestie should appoint a donator to that or any other forfaltour past in this parliament, and now that his majesties' commissioner hath signified to this parliament that his majestie hes been graciously pleased (by his letter under his royall hand, direct to him and this day red in parliament) to grant this their so just desire, therfor the estates of parliament, acknowledgeing with all humilitie and cheerfulnes this his majesties' gracious condiscension as no small addition to the many former instances of his tender affection to this his antient kingdome and loyall subjects therin, doe therfor, out of the due regaird they have to such as have suffered for ouning and mantaineing his majesties' authority and lawes, and the sense they have of the sad condition of the creditors of these forfalted persones, gives heirby power, warrand and commission to his majesties' officers of state, three of the clergie viz, the archbishop of St Androis, the archbishop of Glasgow and the bishop of Edinburgh, three of the nobilitie viz, the earles of Rothes, Linlithgow and Annandale, three barrones viz, Sir John Gilmoir, president of the session, Sir George Mckenzie of Tarbet and Sir Johne Wrwhart of Cromertie, three burgesses viz, the commissioners of Edinburgh, Pearth and Dundie, and three of the lords of session viz, the lords Halkertoun, Carden and Strathurde, or any [...] of them, to take in and receave the complaints of all such as have or shall complaine of their oppressions from and be the late marques of Argyll, to take tryell thairof be witnesses and all other maner of probation, which be the law and consuetude of the realme is competent in such caces, [and] that, having attained a perfyte and cleir knowledge therof, they may returne to his majestie a full account of the sufferings and condition of the persones swa opprest, with power to them also to receave in the clames of the creditors of the late marques of Argyll, or of any other persone who hes been forfalted in this parliament, to take tryell what thair debts are, when contracted and upon what securities and rights their debts are clamed be them, and to take all maner of tryell legall and competent in such caces, that ther may be a full account returned to his majestie of the severall interests and conditions of the creditors; and for that end with power to them to direct letters of horning against such persons as they shall find fit to be called befor them to give information in the prosecution of this commission; which the commissioners are heirby ordained to goe about with all diligence and to appoint tymes and places of their meitings; and it is heirby declared that all such of the oppressed people and creditors as shall in due time give in and prosecute their clames befor this commission betuixt and the [...] day of [...] nextocome shall be represented to his majestie to be tane in consideration before such as shall faill in giveing in their clames, as said is; and generally to doe every other thing that may conduce for effectuating the intent of this commission.
Protestation be the lord advocat against the foregoeing commission
The which day Sir Johne Fletcher, his majesties' advocat, protested that notwithstanding of any report to be made be the commissioners nominat in the commission past this day in parliament for the creditors of the late marques of Argyll and other forfalted persons, his majestie should not be prejudged of his right of disposeing of the forfaltours conforme to the act of parliament, and therupon asked and tooke instruments.