Legislation
Act in favours of the toun of St Andrews

The estates of parliament, haveing heard a supplication presented unto them in name of the magistrats and inhabitants of the city of St Andrews, mentioning that they are brought so low throw the late troubles occasioned by the waytakeing of their shiping by the usurpers, the losse of their goods in Dundie and the great sums they wer forced to pay to the usurpers of composition for their safety, besides thair other burdens then dayly imposed which they wer necessitate to pay, so that wnles some effectuall course be tane for their releiff, that old city will undoubtedlie perish and decay; humbly therfor, desyreing thair sad condition might be tane in consideration, and that four pennies Scots might be imposed upon every pynt of ale and beir brewn and sold within the said city, and tuo shilling[s] Scots upon every pynt of wyne, aquavitae and strong waters sold and vended within the same, over and above the excise for the tyme. Whilk supplication, being at lenth considered be the estates of parliament, and they understanding perfectly the low condition the city of St Andrewes is reduced to be thair sufferings and losses dureing these troubles, and his majestie, being desyreous that all his good subjects may by their experience find and reap the advantages and blessings of his royall government and from tyme to tyme have new testimonies of his tendernes of their sufferings, and especially that the antient city of St Andrewes may now, in thair decay, find the royall favour of their prince readie to support and help them; thairfor, his majestie, hath thought fit, with advice and consent of his estates of parliament, to grant, lykeas his majestie, with advice forsaid, doth heirby grant to the magistrats and councill of the city of St Andrewes and their successours, as representing and in name of the haill inhabitants, bodie and incorporation of the city, full warrand, power and authority, for the space of seven yeers next after the date heirof, to raise four pennies Scots of each pynt of ale and beir brewn or sold within their citie, and tuo shilling[s] Scots for each pynt of wyne, aquavitae or strong waters, sold and vented within the same, to be applyed be them for payment of the publict debts, and other necessary burdens of the city, and this to be without prejudice and besids the ordinary excise and annuitie granted to his majestie, with power heirby to the saids magistrats and councill, as said is, to appoint collectors and doe everie thing els that may further the right raiseing of this imposition and applyeing of it to the use aforsaid dureing the said space of seven yeers.

  1. NAS. PA2/28, f.39v-40. Back
  2. NAS. PA2/28, f.40-40v. Back
  3. NAS. PA2/28, f.40v. Back
  4. NAS. PA2/28, f.41. Back
  5. 'and repaired' in APS. Back
  6. NAS. PA2/28, f.41-41v. Back
  7. NAS. PA2/28, f.41v-42. Back
  8. NAS. PA2/28, f.42-42v. Back
Act in favours of the earles of Queinsberrie and Annandale

The estates of parliament, haveing heard a supplication presented unto them in name of James, earle of Queinsberrie and James, earle of Annandale and Hartfell, mentioning that by the parliament at Pearth in anno 1645 it wes ordained that ane moneth's mantenance should be advanced be the whole shires and burrowes of Scotland for the mantenance of the army then on foot, the petitioners and the late earle of Annandale and the laird of Lag did grant band to Archibald Sydserff, one of the commissaries of the army, for payment of four thousand, four hundreth [and] fourty sex pund[s] Scots as being a moneth's mantenance of the shire of Dumfreis for the moneth of August 1645, and accordingly wes forced to mak payment to him of their proportions, extending to four hundreth pund[s] ten shilling[s] each of them; and seing it is just they should have releiff of their said proportions with the annualrent theirof, either aff such heritors of the shire who hes not payed the saids moneth's mantenance, or aff the laird of Caitloch, who wes collector, if he hes uplifted the samen; humbly therfor, desireing warrand might be granted to the commissiors for the excise of the shirreffdome of Dumfreis to take tryell what is unpayed of the said moneth's mantenance, and how much the laird of Kaitloch hath uplifted therof and that, accordingly, they should give order for payment to the petitioners of thair saids tuo proportions with the annualrents thairof, as the supplication beares. Whervpon the lord commissioner and lords of the articles did ordaine the commissioners from the shire of Dumfreis to sie the bill and to heare the desire therof granted, according to which ordinance [...] Fergusson of Craigdarroch and James Crichtoun of St Leonards, commissioners from the said shire, haveing seen the bill, did agree that if the moneth's cesse of August 1645 be either in the collectors hands uncompted for or not collected out of the shire, in that cace the same be collected and payed to the petitioners, they allowing them the proportions to be payed out of their oune lands, as the said assent and agreement subscryved with thair hands beares. Which being all taken into consideration, the king's majestie, with advice and consent of his estates of parliament, ordeanes the moneth's cesse abovewritten to be payed to the petitioners, conforme to the agreement made therunto be the commissioners of the shire abovementioned, and recommends to the commissioners of the excise within the shire of Dumfreis to sie the same effectually done.

  1. NAS. PA2/28, f.39v-40. Back
  2. NAS. PA2/28, f.40-40v. Back
  3. NAS. PA2/28, f.40v. Back
  4. NAS. PA2/28, f.41. Back
  5. 'and repaired' in APS. Back
  6. NAS. PA2/28, f.41-41v. Back
  7. NAS. PA2/28, f.41v-42. Back
  8. NAS. PA2/28, f.42-42v. Back
Act in favours of the inhabitants of Orknay and Zetland

The estates of parliament, haveing heard a supplication presented unto them in name of William, earle of Mortoun, for himselff and in behalff of the inhabitants of Orknay and Zetland, mentioning that the inhabitants of these yles haveing formerlie lived by their commerce with forranners, and that traffecque, being now taken away be ane act of the first session of this parliament anent the fishings, these yles are lyke to be quyt deserted and dispeopled, his majesties' rents ther altogether weakned, and many hundred[s] families and poore ones redacted to great indigency, and inrespect the said act is not as yet made practicable; humbly desireing warrand and liberty to the inhabitants of the saids iles to fish and trade with forraners as formerly untill the act anent fishing be put in practise, as the said supplication bears; which, with the report of the lords of the articles being taken into consideration, the king's majestie, with advice of his estates of parliament, doth grant warrand and libertie to the inhabitants of Orknay and Zetland to fish and trade with forraners as formerlie and to enjoy all the freedomes mentioned in the threttie-nynt act of the first session of this parliament made in Junij 1661, anent fishings and erecting of companies for promoveing the same wntill such tyme as the said act be put in practise, conforme to the tenor thairof.

  1. NAS. PA2/28, f.39v-40. Back
  2. NAS. PA2/28, f.40-40v. Back
  3. NAS. PA2/28, f.40v. Back
  4. NAS. PA2/28, f.41. Back
  5. 'and repaired' in APS. Back
  6. NAS. PA2/28, f.41-41v. Back
  7. NAS. PA2/28, f.41v-42. Back
  8. NAS. PA2/28, f.42-42v. Back
Act in favours of the bishop of Murray

The estates of parliament, haveing heard a supplication presented unto them be Murdoch, bishop of Murray, shewing that albeit be the eight act of [21st] parliament of King James the sext, of blessed memorie, all archbishops and bishops are ordained to build, repare and mantaine their houses and manses in such caces as may serve for their duelling and the duelling of thair successors, and when the saids houses fall in decay, the same to be built† upon their oune expences, and their successors to give satisfaction to the airs or executors of the defunct, provyding the satisfaction exceid not one thousand punds in maner mentioned in the said act, yet the treuth is that the house of Spynnie, which is the petitioner's manse, is become so ruinows and decayed that far more nor the sume forsaid cannot make the same or any considerable parte therof habitable; humbly therfor, desireing that, notwithstanding of the forsaid act, the petitioner's successors in the said office might be ordained to be lyable in payment to him, his airs and executors of such summs of money as he hes or shall necessarly expend upon the reparation of the said manse, or as the same shall be presently modified be the estates of parliament. Which being taken into consideration, the king's majestie, with advice of his estates of parliament, inregaird of the notoriety that the house of Spynnie is totallie demolished, doe modifie the sume of one thousand pund[s] Scots for reparation thairof besides the other allowed be former acts of parliament for repareing of bishops houses and manses, and ordaines the same to be payed be the next intrant.

  1. NAS. PA2/28, f.39v-40. Back
  2. NAS. PA2/28, f.40-40v. Back
  3. NAS. PA2/28, f.40v. Back
  4. NAS. PA2/28, f.41. Back
  5. 'and repaired' in APS. Back
  6. NAS. PA2/28, f.41-41v. Back
  7. NAS. PA2/28, f.41v-42. Back
  8. NAS. PA2/28, f.42-42v. Back
Act in favours of the laird of Boyne

The estates of parliament, haveing heard a supplication presented unto them be Sir Patrick Ogilvie of Boyne, knight, mentioning that be act of parliament for the tyme the mantenance of August and September 1650 wes appointed for payment of victuall and other provision furnished be severall honest men to the army then at Leith, conforme wherunto William Hodge, merchant in Edinburgh, haveing, at command and by order of the estates of this kingdome for the tyme, furnished the number of tuo hundreth and tuenty bolls victuall, extending to tuo thousand, four hundreth [and] fourty tuo punds Scots money, did purchesse from Johne Denholme, then generall commissary, for payment of the said sume ane order upon the shirreffdome of Selkirk, ordeaneing him or his order to be payed of the tuo moneths' mantenance of August and September 1650 of the said shirreffdome, and that they should take acquittances and discharges from him of the samen, as the order dated the elevent of August 1650 beares, and the said William Hodge, being debitor to the petitioner in severall summs of money, did, towards the payment thairof, assigne to him the forsaid precept and order, as the assignation dated the sixteinth of Junij 1652 bears, and seing the heritors, wodsetters and others lyable in payment of the said mantenance have not as yet made payment of the saids tuo moneths' mantenance to any person whatsoever; therfor, humbly desireing ane warrand might be granted to him for uplifting of the saids tuo moneths' mantenance furth of the forsaid shirreffdome, and letters direct, at his instance for that effect, against the heritors and others lyable in payment thairof, as the supplication bears. Which being also heard in presence of the lord commissioner and lords of the articles, they did appoint the earles of Dumfreis, the lords Lee and Colingtoun and the provest of Glasgow, or any tuo of them, to consider the petition, heare the parties theranent and to report. Who accordingly, in obedience of the forsaid order, haveing met and called befor them the petitioner and the laird of Whitslaid, commissioner for the said shire of Selkirk, for himselff and in name of the heritors thairof, and haveing at lenth heard both the saids parties debate in the said mater, and given in their report and opinion theranent; which, with the supplication abovewritten, being taken into consideration, the king's majestie, with advice and consent of his estates in parliament, appoints and ordeanes the saids tuo moneths' mantenance of August and September 1650, as yet resting unpayed be the shirreffdome of Selkirk, to be collected, uplifted and payed to the said Sir Patrick Ogilvy of Boyne as haveing right therto in maner abovewritten, and for that effect ordaines letters of horning to be direct at his instance against the heritors, lyverenters, wodsetters, collectors and others subject and lyable in payment of the same within the said shire, upon ane simple charge of fiftein dayes.

  1. NAS. PA2/28, f.39v-40. Back
  2. NAS. PA2/28, f.40-40v. Back
  3. NAS. PA2/28, f.40v. Back
  4. NAS. PA2/28, f.41. Back
  5. 'and repaired' in APS. Back
  6. NAS. PA2/28, f.41-41v. Back
  7. NAS. PA2/28, f.41v-42. Back
  8. NAS. PA2/28, f.42-42v. Back
Act in favours of David Rickhart

The estates of parliament, haveing heard a supplication presented unto them in name of David Rickhart of Achnacant and Mr George Rickhart, his sonne, shewing that upon ane violent ejection used against them be Mr Robert Buchan, appeirand of Portletham, furth of the lands of Portlethim, wherin the said David stood infeft, the petitioner did therupon mean himselff to the lords commissioners for bills and trade in the first session of parliament and, upon ane freindlie agreement, ther wes ane mutuall contract subscryved be the saids parties, and the cautioners' names for the said Mr Robert left blank with ane other blank for the sume, which wes to be filled up be him betuixt and the first of August therafter, yet, notwithstanding thairof, the said Mr Robert hes not in the least performed his parte, but on the contrare, upon some pretences of his father's losses (to whom he is not air), hes obtained ane warrand to stop execution of the petitioners just rights against him; humbly desireing that the mater betuixt them might be determined or otherwayes remitted to the ordinary course of law, as the supplication bears. Which, with the report of those who wer appointed to heare both the saids parties anent their differences, with their opinion theranent, being taken into consideration, the king's majestie and estates of parliament doe declare that if Mr Robert Buchan shall not betuixt and Mertymes next cause Mr Robert Petrie and Doctor Johne Leslie, induellers in Aberdein, subscryve as cautioners for him for the annualrents due to the petitioner and mentioned in their agreement past betuixt them, in that cace the warrand or suspension granted to the said Mr Robert Buchan be the lords of the articles is heirby declared voyd and null after the said terme of Mertymes, and that the petitioners shall have their ordinary course of law and this inregaird of both the saids parties thair consent heirto.

  1. NAS. PA2/28, f.39v-40. Back
  2. NAS. PA2/28, f.40-40v. Back
  3. NAS. PA2/28, f.40v. Back
  4. NAS. PA2/28, f.41. Back
  5. 'and repaired' in APS. Back
  6. NAS. PA2/28, f.41-41v. Back
  7. NAS. PA2/28, f.41v-42. Back
  8. NAS. PA2/28, f.42-42v. Back
Act in favours of John Leith of Harthill

The estates of parliament, haveing heard a supplication presented unto them in name of John Leith of Harthill, his wiffe, daughter and sonne in law, shewing that William and Patrick Leiths, breether to the said Johne, did, under pretext and colour of law, thrust the petitioners, thair bairnes and servants furth of the lands of Harthill and maner place thairof and, under cloud of night, strock up thair yets and doors with forehammers, medled and intrometted with the most parte of their writs and evidents, whairvpon the petitioners made their application to the estates of parliament at Stirling and obtained a decreit of repossesion in the yeer 1651, yet the said William and Patrick Leiths, being most maliciously set against the petitioners, did buy a decreit of appriseing containing one thousand merks, and thervpon obtained decreit of removeing befor the shirreff of Aberdein and did, be vertew thairof, in the extream cold of winter, most violentlie eject the petitioners furth of the saids houses and lands of Harthill, whervpon they wer necessitat to supplicat the lord commissioner and estates of parliament in anno 1661, who fand the ejection unjust and ordained them to be repossest and have eightein chalders of victuall payed them; and the petitioners haveing charged the saids William and Patrick Leiths upon the said decreit, they suspendit the same most maliciously and, the mater being dispute befor the lords of councill and session, they gave their decreit of suspension and fand the letters orderlie proceidit, whervpon the petitioners ejected the said William and Patrick Leiths of new, bot immediatly they repossest themselffs without any order of law; humbly therfor, desireing that the said William and Patrick Leiths might be ceited to appeare before the parliament and punished in their persons for their former oppressions, and the petitioners repossest in the saids lands, as the supplication bears. Whairupon ane warrand wes granted for citeing of the saids persones accordingly, and the same being called befor the lord commissioner and lords of the articles, they did appoint the Lord Lee and laird of Polmais to hear both the saids parties and satle them, or report and, in obedience of the which ordinance, the Lord Lee and laird of Polmais, haveing called both the saids parties severall tymes befor them and haveing heard them debate anent their possession of the lands and liveing of Harthill, they gave in their report in maner underwritten. To wit, that they, haveing endeavored to satle the saids parties and made ane proposition to them (wherunto they wer both inclyneable) viz, that the saids William and Patrick Leiths, parties complained upon, who have severall expired compriseings led against the lands of Harthill upon just compt and reckoning anent what wes owing them by the compriseings, and vpon satisfaction therfor, either be money or sufficient security, (thair intromission with the rents, maills and dewties of the saids lands and liveing of Harthill being deduced and allowed in the first parte) should denude themselffs of any right they have or can pretend to the saids lands in favours of the complainers, as if the legall of the appriseings led at thair instance or wherunto they have right wer not as yet expyred; and that the nameing of auditors for stateing of the accompts and perfyting of what wes proposed might be remitted and recommendit to the lords of session and that the lords of the articles wold determine if they will alter the state of each parties possession till the accompts be perfyted, provyding any act proceiding heirupon be but prejudice of the said William and Patrick Leiths their reall rights of the saids lands and liveing of Harthill, ay and whill they receave satisfaction in maner forsaid. Which supplication and report abovewritten, being taken into consideration, the king's majestie and estates of parliament hath approven and approves the same report, and ordaines both parties to continew in thair possessions as they are presentlie till compt and reckoning be cleired betuixt them befor the lords of session.

  1. NAS. PA2/28, f.39v-40. Back
  2. NAS. PA2/28, f.40-40v. Back
  3. NAS. PA2/28, f.40v. Back
  4. NAS. PA2/28, f.41. Back
  5. 'and repaired' in APS. Back
  6. NAS. PA2/28, f.41-41v. Back
  7. NAS. PA2/28, f.41v-42. Back
  8. NAS. PA2/28, f.42-42v. Back