[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.