[1662/5/59]*[print] [email] [cite] [preceding] [following]
The estates of parliament haveing heard a supplication presented unto them be Johne, earle of Hadingtoun, mentioning that the bridge of Crawmond wes by publict order built for the better passage of travellers betuixt the Queinsferrie and Leith and Edinburgh, yet, notwithstanding thairof, diverse persons, haveing occasion to travell that way doe not make use therof, but come in a privat way by the seaside which (being only at first for the private use of the lairds of Barnbougall, the petitioner's authors) leads directly in by the gate of the petitioner's house of Barnbougall, wherby he is prejudged by the destroying and cutting of his planting and breaking of his closures and trees, lykas this gait is no publict hie way, nor at all fit for carts, sleds or cariages, but only a private rode for horse or men, and it wer hard that they should still be tollerat to come so neir his gates and destroy his inclosurs and planting, haveing publict hie wayes allowed unto them, and ther being also other conveniences and passages of wayes in these bounds; humbly therfor, desireing order may be given for stoping that passage and that the passengers may either goe to the bridge in the ordinar hie way, or otherwayes some other way may be fund out for them, as the supplication bears. Which being taken into consideration, the king's majestie and estates of parliament gives commission to any fyve of the justices of peace of the shyres of Edinburgh and Linlithgow, ther being tuo of each shire, to consider of the way abovementioned and, if they can find conveniency of ane other way in the bounds, in steid of that way which passeth by the gate of Barnbougall, that then they appoint the same for the passage of travellers and that they stop the way that goes neir the house, so that the same be no longer a common passage. And the king's majestie and estates of parliament forsaid declares that the determination of the saidis justices heirin shall have the strenth and authority of ane act of parliament, and that the benefite of this act is to be extendit heirafter to the petitioner's successouris in the forsaids lands as fully as to himselff at present; and ordains the determination of the said justices of peace to be recordit in the books of parliament therin to remain as ane act of parliament ad futuram rei memoriam.
[Clerk's note]†
This determination is recordit in the 74[th] folio. Clericus registri.
[1662/5/60]*[print] [email] [cite] [preceding] [following]
The king's majestie, haveing considerit the petition given in be the magistrats and councill of Edinburgh, shewing that be reason of the great burdings they have been necessitat to undergoe for building of churches and the parliament house, and the povertie thair inhabitants have been redacted to be the late troubles and be the decay of commerce and tread, ther toun wes brought in so low condition that they wer not able to discharge those necessar dueties lyeing upon them for the publict government therof; and yet, notwithstanding thairof, such hes been thair affection to his majesties' service and the present constitution of the government of the church, that they have freely surrendered to his majestie the bishoprick of Orknay and bishoprick and deanrie of Edinburgh, which wer formerly allowed to them for mantenance of their ministers, by all which the condition of the toun is so meane that without some mark of his majesties' bountie they will hardlie subsist; humbly therfor, desireing that they may be allowed by his majestie in the uplifting of eight pennies upon every pynt of Frensh wine, and sextein pennies upon every pynt of Spanish and Ranish wynes, aquavitae and other strong liquours that shall happin to be vended or sold in all tymecomeing within the burgh of Edinburgh, liberties and priveledges thairof, and lands holden of them or lyand within South or North Leith, Cannongate, Portsburgh and Potterraw and Pleasance, and formerly granted to them. And his majestie, understanding perfytly the hard condition of the toun, and being truely sensible of their sufferings and of the many testimonies they have given at this tyme of their affection to his majesties' service and government, his majestie, for their help and incouragement, doth therfor, with advice and consent of his estates of parliament, give and grant to the provest, baillies and communality of the toun of Edinburgh the sume of eight pennies Scots upon everie pynt of Frensh wyne and sextein pennies upon every pynt of Spanish and Ranish wynes, aquavitae and other strong liquors, that shall happen to be vended and sold in all tyme comeing within the said burgh of Edinburgh and liberties therof, and within the villadges, touns, lands and territories belonging to the said toun or holden of them, lyand within the paroches of South and North Leiths, St Cuthberts and Cannowgate (but prejudice of the excise and his majesties' impost), with full power and commission to the provest, baillies and councill of Edinburgh and their collectors to uplift and receave the saids impositions, in all tyme comeing, from all vintners of the saids wynes and liquors, and that from and after the first day of September next, at which day the raiseing of this imposition is appointed to begin, and with power to them to make such acts and statuts for the ingathering therof as shall be fit, commanding heirby the lords of councill and session to grant letters of horning and poinding and others necesser heirupon, and the horning upon a simple charge of ten dayes.
[1662/5/61]*[print] [email] [cite] [preceding] [following]
Our soveran lord, with advice and consent of the estates of parliament, presently conveened by his majesties' speciall authority for grave and weighty considerations, tending to the good and welfair of his majestie and this realme, hes dissolved and, be thir presents, dissolves from his highnes['s] croune and patrimony therof in favours of George, viscount Grandison, and his airs and assignayes whatsumever heretablie, all and haill the earledome of Orknay and lordship of Zetland, lyand within the kingdom of Scotland, with all and sindrie lands, lordships, baronies, isles, castells, tours, fortaleices, maner places, houses, bigings, yeards, orchyeards, parks, fences, freedomes, grassums, forentresses, touns, burghs, annualrents, fermes, dewties, fewfermes, together also with all lands called wdall lands lying within the said earledome, lordship and yles of the samen, with all and sindrie priveledges, casualities and commodities whatsumever perteaneing therto, either by sea or land, with tennents, tennendries, service of frie tennents, alswell to burgh and land, teinds great and small, teind dewties, advocatione, donatione and right of patronadge, of all and sindrie kirks, chaplanries, altarages and prebendaries within the said earledome and lordship, yles, wdall lands or others therto perteaneing, personage and viccarage of the samen, with the customes, great and small, and bullion of all goods and merchandice which shall be exported or imported at any of the ports, harbories, creiks or yles within the said earledome, lordship and others forsaids, with the heretable offices of justiciarie, shirreffship and faudrie within the said earledome, lordship and others forsaids, with the right of admirality, wrak, wair and weith, sua far as perteanes to his majestie or perteaned to or wes exerced by the deceast Patrick, earle of Orknay or his predicessors, with all proffeits, casualities, priveledges and fies of the saids offices respective. As also, the haill dewties, priveledges, jurisdiction and services in and over the toun of Kirkwall, which any of the earles of Orknay did at any tyme brooke or enjoy in any tyme past, to the effect his majestie may dispone the same to the said George, viscount of Grandison, his airs and assignayes whatsomever heretablie, and give power to them to set any parte or parts of the said earledome, lordship, udall lands, yles and others forsaids in tack or few, without diminution of the rentall, and to enter and receave the airs of heretable vassalls to the saids lands, earledome, lordship and others forsaids, or to any parte therof, and to uplift the entresses, casualities and escheats of the saids vassalls; as lykways, to reduce, quarrell and impugne any rights and infeftments of the said earledome and lordship respective granted to the saids vassalls, and may of new erect and incorporat the forsaids haill lands, earledome, lordship, wdall lands, yles and others belonging therto with the forsaids offices, patronages, teinds and others abovementioned, in favours of the said viscount and his forsaids, in ane haill and free earledome, lordship and baronie respective, to be called, in all tymecomeing, the earledome of Orknay and lordship of Zetland, [and this] to be holden of our soverane lord and his successors in frie blansh for payment yeerly of a silver pennie at Witsonday, if it be asked, with sextein punds weight of bullion to be payed to the masters of his majesties' mynthouse present and to come, and of the sume of one thousand, sex hundreth punds to the ministers of Orknay yeerly, at the termes of payment used and wont, and furnishing to his majestie and his successors halks yeerly, or paying to his majesties' falconers tuo hundreth [and] threttie-fyve pund[s], threttein shilling[s] [and] four pennies Scots money for their charges in uplifting of the saids halks yeerly, and under redemption be his majestie and his successors from the said viscount and his forsaids be payment of threttie thousand pund[s] sterline, or three hundreth [and] threescore thousand pund[s] Scots money. And in lykmaner that his majestie set in tack and assedation, to the said viscount and his forsaids, the said earledome of Orknay, offices and others perteaneing therto and priveledges abovementioned for the space of nyntein yeers after the said redemption, for payment yeerly of one hundreth [and] threttie-three pund[s], sex shilling[s] [and] eight pennies sterline of tack duety, by and attour the forsaids dewties and reddendo abovementioned payable dureing the said wodset right; the said viscount and his forsaids reteaneing alwayes the right and possession of the said earledome and lordship respective, ay and whill they be payed of the forsaids sums of money, wherupon the samen are redeemable, as said is. And siclyk, our said soverane lord and estates of parliament, for the causes abovewritten, hes ratified and approven and, be thir presents, ratifies and approves the signature alreadie past under his majesties' royall hand to the said viscount and his forsaids under redemption, as said is, of the saids lands, earledome, lordship, offices, cassualities, priveledges and liberties abovementioned, to be holden of his majestie in frie blensh for payment of the dewties abovewritten and under redemption be payment of the forsaid sume of threttie thousand pund[s] sterline in maner mentioned in the said signature, whilk containes the forsaid nyntein yeers' tack after redemption for payment of the tack duetie abovewritten; and his majesties' declaration in reference to the toun of Kirkwall, that all pretendit rights and possession of any freedomes, priveledge or jurisdiction acquyred be the said toun of Kirkwall from the late usurpers or from the king's majestie, to be void and null, and dischargeing them to uplift any dewties, or exerce, assume or make use of any other freedome, immunity or jurisdiction then that whairof they wer in actuall possession and exercise of befor the invasion of the late English usurpers, and whilk signature is dated at Whitehall, the tuentie-thrid day of Aprile last bypast, together with the charter under the great seale, precept under the quarter seale and instrument of sasine following therupon, in the haill heids, articles, clauses and circumstances thairof. And als, his majestie, with advice and consent of the saids estates of parliament, wills and grants and, for his hienes and his successors, decernes and ordeans that the forsaid generall ratification is and shall be as sufficient to the said viscount and his forsaids as if the said signature, charter, precept and instrument of sasine following therupon wer de verbo in verbum heirin insert, and as if the said signature had been granted and wer dated after this present dissolution; wheranent and with all objections that may be moved against the validitie of the said signature and infeftments to follow therupon, his majestie and estates of parliament forsaid hes dispenced and, be thir presents, dispences for ever; and admits the same to be als sufficient as if the said signature had been past after dissolution in parliament, with full power to the said George, viscount of Grandison, and his forsaids, either to cause passe and exped the forsaid signature in exchequer and throw the sealls and registers, or otherwayes to passe ane new signature and infeftment after dissolution beareing the haill tenor, effect and contents of the signature abovewritten, which his majestie, with consent of his saids estates of parliament, ordaines his majesties' thesaurer principall and deput to grant, pass and exped in exchequer with consent of the commissioners therof in favours of the said viscount and his forsaids without delay. And farder his majestie, with consent forsaid of the saids estates of parliament, reduces, rescinds, casses and annulls all former dissolutions if any wer made in any pretendit parliaments holden be the pretendit estates in the yeers 1644, 1645, 1646 or 1647, as being not only conveened without any lawfull authority, bot also without the presence of his majestie or his commissioner, without whom no lawfull dissolution could be made of his majesties' propperty or patrimony of his hienes['s] croune; and therfor, his majestie, with consent forsaid, reduces, rescinds, casses and annulls all such pretendit dissolutions if any wer, and declares the samen, with all that hes followed or may follow therupon, to be extinct, voyd and null and of no availl, force, strenth nor effect, and to mak no faith in judgement nor outwith the samen in anie tymecomeing.
[1662/5/62]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing heard a supplication presented unto them be Rorie Mcclaud of Dunnivagan, shewing that the petitioner, being fyned by the usurpers in the sume of tuo thousand, fyve hundreth pund[s] sterline in anno 1655, for his loyaltie in his majesties' service, whilk sume wes all payed to disloyall cuntriemen, wherupon he obtained sentence against some of them whose recepts have been produced in process, but inrespect ther are others who receaved a considerable parte of the said fyne whose recepts hes not as yet been produced, and against whom he will prove their recept of a considerable parte of the fyne, namely Sir James Campbell of Lawers, who hes receaved therof fyve hundreth pund[s] sterline, Robert Monro of Foulis, who receaved therof tuo hundreth [and] seventie fyve pund[s], fiftein shillings sterline, and Major George Whyt, who hes receaved therof fourty punds sterline; humbly therfor, desireing it might be ordained that the said Sir James Campbell, Robert Monro of Foulis and George Whyt shall be lyable in payment of the forsaids sums of money, ilk ane of them for their oune parts therof, as is above devydit, when ever it shall be qualified and proven against them that they receaved the same, either be wreit, oath of partie, witnesses or other probation, befor any judge competent, and for that effect that he may be recommended to the lords of his majesties' privy councill, lords of session or other judges competent for speedy dispatch, as the supplication bears. Which being taken into consideration, the king's majestie, with advice and consent of his estates of parliament, doe declare and ordean that if it shall appeare by any sufficient legall probation (whairof the lords of the session are to be judges) that the persons abovenamed or any others receaved from the usurpers any parte of the supplicant's fyne for their acting or suffering on the account of the English usurpers dureing thair usurpation in Scotland, that the receavers of these moneys and fyne shall restore the same to the supplicant, notwithstanding of the act of indemnity or of any remission granted to them, and recommends to the lords of session to give speedy justice to the supplicant accordingly.
[1662/5/63]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the committie of estates by Rorie Mcclaud of Donyvagan, and determined by the estates of parliament in maner underwritten, against Dougall Mcpherson of Powrie and Mr David Drummond, late minister at Creiff, mentioning that the supplicant, in discharge of his duety and alledgeance to his majestie and in obedience to his lawfall summands, haveing with his freinds and followers joyned in armes with his majesties' leiutennent generall for opposeing the armies and forces of the late usurpers, and it haveing pleased God to suffer the said usurper and his forces so far to prevaill, as that the supplicant and severall others of his qualitie and condition wer redacted to so great straits and difficulties that they wer necessitat, not only to submit to whatsoever termes it pleased the said usurper to require, bot also, in recompence and satisfaction of certane unnaturall and disloyall cuntriemen who had been active for promoteing their ends and designes, the supplicant wes constrained to mak payment to the generall receaver, Johne Baynes, to the behove of the saids defenders and others, of the sume of tuo thousand and fyve hundreth pund[s] sterling, whairof the said Dougall Mcpherson receaved three hundreth pund[s] sterline, and the said Mr David Drummond fyve hundreth pund[s] sterling, as should be verefied be acquittances and discharges under their hands. And it being most consonant and agreeable to all law and reason that the said receavers aught and should refound and pay to the supplicant the forsaids sums of money, least the supplicant for his loyaltie and obedience, be a sufferer and the saids defenders, for thair treason and rebellion, make advantage; therfor, craveing that the said committie of estates would be pleased to grant warrand to mesingers at armes to summon the saids defenders, receavers of the saids sums, to compeir befor them or such as should be authorized by them, to ansuer to the said supplication and to have heard and seen themselffs decerned to mak payment of the saids summs to the supplicant. And anent the charge given to the saids defenders to have compeired befor the estates of parliament at ane certane day bygone, to have heard and seen themselffs decerned in maner vnderwritten, as in the supplication at more lenth is contained, the supplicant compeiring be Mr George Mckenzie, advocat, his procurator, who, for verefieing the said supplication or lybell, produced ane order direct from the pretendit councill of state to Johne Bayne, commissary, ordaineing him to mak payment to the said Dougall Mcpherson of the forsaid sume of three hundreth pund[s] sterling out of the said supplicant his fyne, dated the tuentie-one day of February 1655, beareing the said Dougall his recept on the bak thairof, dated the tuentie-fyft day of the said moneth; together with tuo orders direct be the pretendit councill to the said Mr Baynes, both dated the tuentie day of February 1656, the one ordaining him to pay to the said Mr David Drumond the sume of one hundreth pund[s] sterline, and the other to mak payment to him of the sume of four hundreth pund[s] sterling, bearing the said Mr David his recepts of the saids sums on the baks thairof. And the said Dougall Mcpherson compeiring be Mr Johne Coninghame, advocat, his procurator, and the said Mr David Drumond being lawfullie summoned to this action, oftymes called and not compeiring, his majesties' commissioner and estates of parliament, haveing heard, seen and considered the said supplication, with the orders and recepts therupon aboveproduced, together with ane report given in to them be the lords of the articles in maner underwritten and they therwith, and with what wes said and proponed for the said Dougall Mcpherson, being well and ryply advised, his majestie, with advice and consent of his estates of parliament, decernes and ordaines the said Dougall Mcpherson and the said Mr David Drummond, defenders, to mak payment to the said supplicant of the summs of money abovewritten receaved be them out of the said supplicant his fyne, as aforsaid, each of them for their oune parts viz, the said Dougall Mcpherson of the sume of three hundreth pund[s] sterline, and the said Mr David Drummond of the sume of fyve hundreth pund[s] sterline. Because the lord commissiors grace and lords of the articles, haveing appointed and impowered the earle of Linlithgow, Lord Cochrane [and] Sir Johne Wrwhart of Cromertie to revise the processe [and] consider the samen, and to report their opinion theranent and, haveing perused and considered the samen, returned thair report thairof to the lord commissioner's grace and lords of the articles, wherin they fand that it is proven by recepts under the hands of the saids Dougall Mcpherson and Mr David Drummond, granted to the receaver generall Baynes, relative and subjoyned to orders directed to him by the usurpers councill of state, in behalff of the said Dougall and the said Mr David for payment making to them of the sumes of money abovewritten viz, to the said Dowgall Mcpherson the sume of three hundreth pund[s] sterline, and to the said Mr David the sume of fyve hundreth pund[s] sterling, out of the said sume of tuo thousand, fyve hundreth pund[s] sterling of fyne imposed upon the supplicant by the usurpers, and therfor, in thair humble opinion, conceaved that the saids Dougall Mcpherson and Mr David Drummond should be decerned to refound the saids sumes receaved by them, in maner forsaid, to the supplicant. Which report, being considered be the saids lords of the articles, they returned thair report thairof to the estates of parliament, wherin they conceaved that the saids Dougall Mcpherson and Mr David Drummond should be decerned to refound to the supplicant the forsaids sums receaved be them viz, the said Mr David Drummond, the sume of fyve hundreth pund[s] sterling, receaved be him conforme to the order and recepts therupon abovementioned out of the fyne of the said supplicant imposed be the usurpers, and the said Dougall Mcpherson, the sume of three hundreth pund[s] sterline, receaved lykwayes be him out of the said fyne of the supplicant imposed by the usurpers, conforme to the order and his recepts abovementioned. Which report, being this day considered be his majesties' commissioner and estates of parliament, they approved the samen report and gave their decreit accordingly in maner abovewritten, and ordaines letters of horning on fiftein dayes and others, if neid bies, to be direct heirupon in forme as effeirs.
[1662/5/64]*[print] [email] [cite] [preceding] [following]
Anent a supplication presented to the estaits of parliament be Sir James Mcdonnell of Slate, mentioning that the petitioner, being resting in anno 1648 the sume of fyve thousand, eight hundreth merks of bygone mantenance, he transacted theranent with Robert Gray, commisser, and gave him band for the said sume; lykas, in anno 1649, the then pretendit parliament did by their act ordean the said summe to be payed to Dougall Campbell of Innerva, and declared the band given to Robert Gray, commisser, voyd and null, and ordained the same to be delyvered up to the petitioner, wherupon he wes forced to mak payment to the said Dougall of the forsaid sume of fyve thousand, eight hundreth merks, and that upon his discharge and bakband, that incaice the petitioner should be distressed for payment of the said sume, then and in that cace he should make repayment thairof to the petitioner, and now the petitioner is forced to mak payment of the said sume as being the rest of the bygane mantenance to Sir Alexander Durhame and Sir John Weymes, collectors, conforme to ane late act of parliament made theranent; humbly therfor, desyreing ane warrand for summoning of the said Dougall to compeir befor the estates of parliament and heare the premisses sufficiently verefied and provin, and himselff decerned to mak payment of the forsaid sume of fyve thousand, eight hundreth merks wrongously exacted from the petitioner, in maner forsaid, as the supplication bears. And anent the warrand issued and summons given therupon to the said Dougall Campbell to have compeired befor the lords of the articles at ane certane day which, being called and both the parties compeirand, the saids lords of the articles gave power and commission to the lairds of Polmais, Crommertie and Gosfoord, or any tuo of them, to heare the saids parties and report their opinion to the parliament. And in obedience of the said commission, the lairds of Crommertie and Polmais, haveing met and called befor them both the saids parties and heard them therupon, they gave in their report beareing that they, haveing perused and considered the said bill and petition with the instructions and verifications thairof and ansuers given in therunto, they fand that the said Leiutennent Collonell Campbell, be his discharge and bakband granted to the said Sir James McDonald upon the recept of the sume of fyve thowsand and eight hundreth merks of mantenance mentioned in the said bill, is obleidged to warrand Sir James of the said sume at all hands incace of distresse therfor afterwards or double payment, notwithstanding whairof, Sir James is now distrest for the said sume, and in obedience to the act of parliament hes payed to the lord lyon and Sir Johne Weymes of Bogie, collectors appointed be the parliament for uplifting bygone mantenance, whilk befor he payed to the said Leiutennent Collonell Campbell, conforme to ane order granted in his favours be the pretendit parliament 1649, as is sufficiently instructed be papers produced; and therfor, notwithstanding of any defences proponed, it wes their opinion and judgment that the said Leivtennent Collonell Campbell of Innerva should refound and pay to the said Sir James McDonnell the forsaid sume of fyve thousand, eight hundreth merks exacted be the said leiutennent collonell be vertew of the forsaid order, and now payed over agane be the said Sir James, with the haill interest thairof, specially seing all Innerva's defenses are foundit upon that pretendit act and order granted to him be the parliament in 1649 which, be this present parliament and their act for ingathering bygone mantenance, is not to be respected, seing therby all precepts and exemptions of the said parliament given since July 1648 are declared voyd and null, as the samen at lenth beares. Which report, being represented from the lords of the articles to the parliament, and being this day read and at lenth considered be the estates of parliament, and they well advised therwith, the king's majestie, with advice and consent of his estates in parliament, doe approve the report abovewritten and, accordingly, decerns and ordeans the said Dougall Campbell of Innerva to refound and pay to the said Sir James McDonnell the aforsaid sume of fyve thousand and eight hundreth merks exacted be him from the said Sir James, as said is, with the haill interest thairof, and ordaines letters of horning on fiftein dayes etc.