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The estates of parliament, taking into their consideration the act passed in the presbytery of St Andrews the [...] day of July 1647, whereby the town and lands of St Monans are dismembered from the parish of Kilconquhar and adjoined and annexed to the parish of Abercrombie, and the place of meeting for public worship changed from the kirk of Abercrombie to the kirk of St Monans; as also they have taken into their consideration the contract made and perfected at St Monans and St Andrews respectively on 18 November and 3 December 1647 between James [Sandilands], lord Abercrombie (therein designed Sir James Sandilands of St Monans), knight, on the one part, and Mr Robert Wilkie, minister at Abercrombie, with advice and consent of Sir John Moncreiffe of that ilk, knight baronet, and Mr Henry Rymour, minister at Carnbee, commissioners from the presbytery of St Andrews, on the other part, whereby the said Lord Abercrombie obliges himself, his heirs and successors to pay to the said Mr Robert and his successors yearly and each year during the years of the said lord's tack of the parsonage teinds of Abercrombie all and whole the number of 11 bolls of wheat, 40 bolls of barley and 20 bolls of oats, good sufficient stuff, which then was his ordinary stipend; together with the sum of 200 merks money further in augmentation of his said stipend in respect of the enlargement of his charge; and that yearly and termly at Whitsunday [May/June] and Martinmas [11 November] by equal portions in all time thereafter perpetually, and the said old stipend of victual to be paid at the accustomed terms of payment. For which, Mr Robert, with advice and consent of the aforesaid persons, commissioners of the presbytery of St Andrews, did assign to the said Lord Abercrombie, his heirs and successors the said minister's stipend of 11 bolls, 1 firlot of wheat, 40 bolls of barley and 20 bolls of oats to which he was provided as minister of the said kirk of Abercrombie yearly to be uplifted out of the priory of St Andrews, and that for the crop and year of God 1646 and thereafter during the said lord's tack above-written of the said parsonage teinds of the said lands and barony of Abercrombie. And it is provided that after the expiring of the said tack the said assignation should cease and expire and the minister and his successors serving the cure at the said kirk should have recourse to the old stipend out of the priory of St Andrews, without prejudice always to them to suit a local stipend thereafter out of the teinds of the barony of Abercrombie or elsewhere the said minister or his successors may get the same. And likewise considering the bond and obligation granted by the said James, lord Abercrombie therein (also designed Sir James Sandilands) to and in favour of the said Mr Robert Wilkie as minister at Abercrombie, with the knowledge and consent of the said presbytery, dated 14 July 1647, whereby the said Lord Abercrombie, for the cause therein specified, binds and obliges himself, his heirs and successors to content and pay yearly to the said Mr Robert Wilkie during the time and space that he should happen to serve the cure at the said kirk of Abercrombie the sum of 100 merks money of this realm yearly at the feast and term of Candlemas [2 February], beginning the first year's payment thereof at Candlemas 1648 as for the year immediately preceding, and so forth yearly thereafter during the said space; together with the sum of 10 merks money of expenses yearly, as the said act of the presbytery of St Andrews and contract aforesaid made between the said Lord Abercrombie and Mr Robert Wilkie and bond and obligation aforesaid made by him to the said Mr Robert, containing various other heads and conditions, in themselves more fully purport. Which act of the said presbytery at St Andrews and contract aforesaid made between the said Lord Abercrombie and Mr Robert Wilkie, with the said bond made by him to the said Mr Robert, all of the dates, tenor and contents above-written, the estates of parliament, for good causes moving them, have ratified, approved and confirmed and by this act ratify, approve and confirm the whole heads, clauses, articles and obligations and conditions thereof, declaring hereby this generality to be as sufficient as if the said act, contract and bond were herein specially and particularly set down and inserted word for word. Likewise the said estates dissolve the said town and lands of St Monans from the parish kirk of Kilconquhar and unite the same to the parish of Abercrombie; and ordain the place of meeting for public worship to be the kirk of St Monans, to be called in all time coming the kirk of Abercrombie; and find and declare that the said Lord Abercrombie and all others having right thereto and intromitters with the teind sheaves shall be subject and liable in payment of the said victual stipend to the said Mr Robert and his successors during the whole years of the aforesaid tack, and also that the said Lord Abercrombie and the said town and lands of St Monans lying within the said parish shall be subject in all time coming perpetually in payment of the said 200 merks of augmentation and payment of the said sum of 100 merks contained in the bond yearly during the said Mr Robert's service of the cure at the said kirk of Abercrombie, with power to the said Mr Robert and his successors to call and pursue for the victual stipend and the said 200 merks of augmentation of all years and terms bygone mentioned in the said contract and in time coming during the terms respectively above-written, and also with power to him to call and pursue for the said sum of 100 merks contained in the said bond yearly during his service of the cure at the said kirk. And ordain the lords of council and session to grant and direct letters of horning and other executorials necessary at the instance of the said Mr Robert Wilkie's successors, ministers serving the cure at the said kirk, charging all and sundry heritors, feuars, farmers and intromitters with the teind sheaves and rents respectively above-written to readily answer, obey and make thankful payment to them of the aforesaid victual stipend and augmentation and 100 merks money in manner above-written, and the letters of horning to pass by the said lords' deliverance upon a simple charge of 10 days only.
[1649/5/137]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration a supplication given in to them by Ewan MacPherson of Cluny and Lauchlan MacPherson, showing that where by the late invasion of Badenoch by [Thomas MacKenzie], laird of Pluscarden and his barbarous accomplices, they and their tenants are totally ruined and nothing left them, either in their houses or in the fields; and all that they had, both livestock and plenishing, money, victual and writs, were seized upon in a violent and barbarous manner and taken from them because they would not join with them in those rebellious courses; and were forced to flee to the mountains for safety of their lives, leaving all that they had to the cruel mercy of those wicked men, the said Ewan MacPherson and his tenants' losses being above £10,000 Scots, and the said Lauchlan MacPherson's being above £1,000, so that they, being destitute of all means of subsistence and livelihood for themselves and families and their poor tenants, being ready to starve and perish, they were forced to cast themselves upon the said estates of parliament's goodness and charity, with confidence that they will not suffer their singular sufferings for this cause to swallow them up, but will find themselves obliged in conscience and duty not only to liberate them of all public dues in arrears and in time coming until their condition be better, but also to appoint some effectual way for their public subsistence and reparation, without which they, their families and poor tenants will undoubtedly starve. Therefore humbly craving the said estates of parliament to take the premises into consideration and to discharge [Sir James Stewart of Kirkfield and Coltness], commissary-general, and his deputes from exacting from them any public dues in arrears and in time coming until special warrant be given by the said estates of parliament for that effect to appoint some present effectual course for their subsistence and reparation of their sufferings and losses, whereby they may be preserved at such a time as this from starving and utter ruin, as the said supplication at more length bears. Which, with the report of the committee, being taken into consideration by the said estates of parliament, they have modified and modify to the said supplicants the sum of £500 Scots and recommend them to the committee of monies for the effectual payment thereof, with power to them to grant precepts upon the commissary-general for payment thereof.
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My lords and gentlemen,
I am commanded by the parliament of England to desire your lords to acquaint the parliament of Scotland that they have many things of just resentment on behalf of this nation and commonwealth to make known and demand satisfaction of from the parliament and kingdom of Scotland, the particulars whereof they think do not need to be mentioned at this time, being things so generally known and fresh in memory. And being desirous in the first place to use endeavours for satisfaction in a peaceable way, they do therefore propose that commissioners on behalf of each nation respectively may be appointed to meet in some suitable and convenient place mutually to be agreed upon, and with what convenient speed may be. To which meeting commissioners shall be sent fully authorised from the parliament of England and on behalf of this commonwealth with instructions to make known the particulars which they have to complain of, wherein, if they shall receive satisfaction, the parliament of England are willing and their commissioners shall be further authorised and instructed to treat and conclude a firm and strict league of amity and friendship between the two nations. By means whereof (if it be the will of God), these nations may be preserved in a lasting peace and happy enjoyment of religion in its purity, together with their civil liberties, notwithstanding the many wicked designs that are on foot against them, as well by the secret as professed enemies of both. This is all I have in charge save only to desire that the parliament of Scotland's answer to this may be returned by the bearer, who is sent expressly about the same. And so rests your lords' humble servant. Signed thus, William Lenthall, speaker of the parliament of England. Westminster, 23 May 1649.
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Sir,
The estates of parliament of this kingdom have received a letter dated 23 May 1649, signed by you as speaker of the parliament, and written in name of the commonwealth of England, which titles, in regard of the Solemn League and Covenant and treaties and of the many declarations of the parliaments of both kingdoms, are such as they may not acknowledge. As for the matter therein contained, those many things of just resentment wherein satisfaction is demanded from this kingdom are only mentioned in the general and therefore cannot so well receive a particular answer, but if by those general expressions the late unlawful Engagement against England be understood, they desire that their protestation against the same in parliament and the opposition made thereto by them afterward in arms (which they never laid down until the garrisons of Berwick and Carlisle were restored to the kingdom of England) may be remembered, together with the letter of the house of commons to the general assembly of this kirk of 3 August 1648, and that Lieutenant General [Oliver] Cromwell, authorised from both houses of parliament, did upon 5 October last present to the committee of estates of this kingdom the wrongs and injuries committed against the kingdom of England in that Engagement and thereupon did demand that they would give assurance in name of the kingdom of Scotland not to admit or suffer any who had been active in or had consented to that Engagement to be employed in any public place or trust whatsoever; which was not only granted and afterwards confirmed in parliament, but all acts of prosecution of that Engagement have been repealed and all proceedings relating thereto publicly disclaimed. And if any other wrongs shall be made known to us, we shall be ready to return such answer as may give just satisfaction. And if the bonds of religion, loyalty to the king and mutual amity and friendship between the kingdoms be impartially considered according to the Solemn League and Covenant and the professions and declarations of both kingdoms, the estates of parliament think that they have just cause to complain of the late proceedings in England in reference to religion, the taking away of the king's life and the change of the fundamental government of that kingdom, against which this kirk and kingdom and their commissioners have protested and given testimony, to which they do still adhere. And since it is apparent there has been of late in England a backsliding and departing from the grounds and principles wherein the two kingdoms were engaged, the parliament of this kingdom does propose that the late proceedings there against the covenant and treaties may be disclaimed and disavowed as the prosecution of the late unlawful Engagement against England has been disclaimed and disavowed here, and that such as have departed from these principles and their former professions may return to the same. Upon which grounds they are content to authorise commissioners on behalf of this kingdom to treat with commissioners of both houses of the parliament of England sitting in freedom, concerning all matters of just complaint which either nation may have against the other, and for redress and reparation thereof, and to do everything that may contribute for continuing the happy peace and union between the kingdoms, which can never be settled on so sure a foundation as the former treaties and Solemn League and Covenant, from which, as no alteration of affairs can absolve either kingdom, so we trust that no success whatsoever, whether good or bad, shall be able to divert us; but as it has been our care in times past, it shall, with the Lord's assistance, still be our real endeavour for the future to keep ourselves free of all compliance with or declining to the popish, prelatical and malignant party upon the one hand, or to those that are enemies to the fundamental government by king and parliament and countenance and maintain error, heresy and schism upon the other. I have no other thing in command from the parliament of this kingdom but to take notice that there is no answer returned to their letter of 6 March last. And so rests your humble servant,
[John Campbell, earl of] Loudoun, chancellor, president of parliament, Edinburgh, 26 June 1649†
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The which day the estates of parliament, considering that by the deposition of Sir John Hamilton of Orbiston, knight, the office and place of justice clerk is now vacant, and understanding the qualification and abilities of Hugh Campbell of Cessnock for discharging the said office, therefore they have elected and nominated the said Sir Hugh Campbell to be justice clerk and give and grant to him the whole privileges, honours, dignities, fees, casualties and other commodities belonging thereto or of which the said Sir John Hamilton was in possession by virtue of the said office. And the said Sir Hugh Campbell of Cessnock, being personally present, accepted the said office and did give his oath for faithful administration, and thereupon asked instruments.
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The which day the estates of parliament find unanimously that Alexander Brodie of that ilk ought to accept the place of one of the senators of the college of justice, notwithstanding of many reasons offered by him in the contrary.
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The estates of parliament, having heard and considered the supplication of Mr James Hay of Bridgemark and Mr David Hay of Woodcockdale, his brother, together with another supplication presented by them in name of Marion Hay, their sister, and Marion Preston, her daughter, showing that there was a contract of wadset between John Preston of Stentonbarns, the said Dame Marion and the late John MacLae, advocate, by virtue thereof for the sum of 5,000 merks they wadset to the said late John certain lands, and that the said late John MacLae, by back-bond, acknowledged that his name was only borrowed thereto on behalf of Margaret, daughter to Sir John MacKenzie of Tarbat, who is administrator of the law, obtained a decreet before the lords of session ordaining Janet MacLae, daughter to the said John MacLae, to deprive himself of any right she had; after which, the said Sir John dealt with the said supplicants (who were cautioners in the contract) to provide the said sum of 5,000 merks for the redemption of the said lands and to deliver to Mr Andrew Fairfoul, minister at Leith, (to whom the said Sir John was indebted) the same sum, which the supplicant did, and at Martinmas [11 November] 1647 paid the said sum of 5,000 merks to David Fairholm in name and on behalf of the said Mr Andrew at his direction, which he has still kept since then. And therefore desiring that the said Mr Andrew may be ordained to cause Janet MacLae choose curators and deprive herself of the said lands, or else may be ordained to pay the said sum to the supplicants with interest, as at more length is contained in the said supplications. Which, with the report of the committee of bills given in by the said committee after hearing of the said Mr Andrew Fairfoul, being personally present, and Sir John MacKenzie anent the payment of the aforesaid sum to David Fairholm at the direction of the said Mr Andrew, being taken into consideration by the said estates of parliament, they find that the said Mr Andrew has received the said sum of 5,000 merks at the time above-written; and seeing the said supplicants and their said sister lie yet out of the said sum and have not any sufficient surety for the same, therefore the said estates of parliament have ordained and ordain the said Mr Andrew Fairfoul to redeliver presently to the supplicants the said sum of 5,000 merks principal sum aforesaid, and also to deliver and pay back the whole annualrents of the same since the term of Martinmas 1647, which was the term of his receipt, and in time coming during the non-payment of the said principal sum; or else in place thereof that the said Mr Andrew purchase and procure a sufficient discharge to the said supplicants and their said sister of the annualrent of the said sum allowed to them for the interest of the said money which they are obliged to pay since the term of Martinmas 1647; and ordain letters to be directed upon a charge of six days only if need be.
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The estates of parliament, taking into their consideration a supplication given in to them by Gillian Wilkie, spouse to George Wood of Colpnay†, showing that upon the petitioner's last supplication, holding forth to the said estates of parliament her husband's and her own sad sufferings, to the utter ruin of both, by the enemies of this kingdom arising in the north, and that because of her husband's constant adherence to the covenant and refusing to comply in such wicked and destructive courses, which he would never countenance (notwithstanding of many allurements offered to him to go on in those designs), withal representing to the said estates of parliament her husband's necessitous desertion with her own with the burden of five young children and the sixth in her belly, whom, according to that tie of duty by the law of God and nature, she has nothing to administer to them for their corporal sustenance nor for their education in virtue and literature, neither for their souls' good, besides her sad and heavy thoughts by the loss and ruin of that ancient (although mean) estate which God had called her husband to and which his predecessors had these many years bygone. The said estates of parliament, upon knowledge of their great and pitiful extremity with their poor young children, have looked several times upon their miserable crying for help at their hands and support in their starving condition; not only did they most liberally acquiesce them to some present relief (for which now our prayers shall not cease to call to the heavens for a blessing upon them in remuneration of so great favours) but also the said estates were pleased to recommend their deplorable condition to the committee of monies, that an effectual means might be used for supporting their necessities and reparation of their great sufferings, that such a competency might be bestowed upon them as might be judged fit and nearly to repair their great losses; and that in consideration of a recommendation of the provincial synod of Lothian by many reverend ministers and many honourable lay elders, witnessing their notoriety of their low and pitiful condition and the cause thereof, as is formerly expressed in their late supplications and several other testificates presented in the committees, witnessing that for her husband's faithful carriage they lost their ancient (although mean) estate and are far in debt above the worth thereof for the cause aforesaid, and are driven from any being of their own and were forced to take themselves to several quarters of this kingdom, fearing if her husband should stay with them that they should be pursued and would lose their lives for his sake, as a sufficient testificate for witnessing the verity hereof sent to the said estates of parliament under the hand of Mr David Lindsay, minister of the Gospel at Belhelvie, and upon the 15 of this instant approved by the committee of the shire of Aberdeen, more amply purports. Therefore humbly craving the said estates of parliament in the bowels of mercy and pity to take the premises into consideration and vouchsafe such a measure of favour upon them as may merely balance the loss of their estate and put them from this continual begging and continual troubling of the said estates in this pitiful extremity and want, to which they are reduced; for as she is a Christian, they have nothing in the world, neither present nor to be a constant life, but what it pleases God to move the said estates' hearts graciously to bestow upon them, for the committee of monies, to whom the said estates did recommend them, did remit them back again to the said estates of parliament in respect the parliament was at the down-sitting and could hardly have so many of their number together as would be a quorum; and withal the said estates were graciously pleased to give them something to live on until they should take course with them or otherwise they would have starved, it being true and of verity (which is well-known) that her said husband was not indebted before these troubles began except in only the sum of 5,000 merks and had for taking course for payment thereof the sum of 8,000 merks of her dowry good. Therefore humbly supplicating the said estates of parliament again and again that they would be graciously pleased, after considering their extremity occasioned by their sufferings and losses in the public cause, to fall upon some course in the deepness of their judgments for repairing their losses in the public cause, that so they may relieve their overburdened estate and be released from under the heavy weight of penury where they are presently affected; and being confident of the said estates' charity in such a great extremity, it shall be had in perpetual remembrance by their prayers to God for their prosperity, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they have recommended and recommend seriously the supplication, with the supplicant and her family's hard condition, to the committee of monies, and ordain the said committee with all diligence to pay the said supplicant the sum of 1,000 merks Scots for present subsistence to her and her family.
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The estates of parliament, having heard and considered the supplication given in to them by Mr William Strachan, minister at Daviot, and Mr William Strachan, his son, against John Leith of Harthill and Mr Robert Petrie, agent in Edinburgh, desiring that the subscribed minute of contract between the supplicants on the one part and the said John Leith of Harthill on the other part, dated at Harthill, 17 November 1645, whereby the lands of Lewesk were wadset by Harthill to the supplicants for and under reversion of 8,600 merks, are not only declared to be redeemable from the supplicants except by payment to them of the sum of 5,000 merks, but the supplicants are also obliged to pay yearly to Harthill and his spouse the sum of 288 merks during the non-redemption, may be declared void and null from the start, according to the act of parliament of 26 March 1647 made anent annulling bonds given to James Graham, [earl of Montrose], Alastair MacDonald and their adherents, as at more length is contained in the said supplication. Which, with the report of the committee relating thereto, being considered by the said estates of parliament, and that after citation of Harthill anent the aforesaid minute of contract whereof the aforesaid duplicate is produced by the supplicant, and concerning the cause and way of subscribing thereof, they, upon consideration thereof and of the supplication of the presbytery of Garioch, subscribed by the moderator and produced by the supplicant, find that the aforesaid minute of contract whereof the subscribed duplicate is produced falls directly under the aforesaid act of parliament of 27 March 1647 annulling bonds given to James Graham, Alastair MacDonald and their adherents, the aforesaid minute of contract being granted and subscribed by the supplicants at the time of the rebellion mentioned in the said act and when the supplicants were under the power of Harthill. Therefore the said estates of parliament ordain the aforesaid minute to be void and null from the start and in time coming with all that has followed or may follow thereupon, and declare their heirs and successors to be altogether free of the keeping and fulfilling thereof.
[1649/5/145]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration a supplication given in to them by Elizabeth Forbes, widow of the late Thomas Mowat, town clerk of Aberdeen, showing the deplorable condition that she and her four fatherless children are reduced to, they having nothing to live upon but one piece of land which the said late Thomas had in wadset for the sum of 3,000 merks, and that the same is altogether unprofitable to them by the tenants deserting their possessions through the payment of extraordinary cess, quarterings and public dues; and that the supplicant, having represented the same to the committee of war of Aberdeenshire, they have recommended her to their present commissioners of parliament that she may be relieved of any public dues in time coming, as the said supplication at more length bears. Which, with the report of the committee of bills relating thereto, being taken into consideration by the said estates of parliament, in respect of the supplicant's mean condition testified by Mr Andrew Cant, minister of Aberdeen, and that the maintenance of that land is found by the committee of bills not to exceed £3 Scots monthly, therefore they liberate and by this act have liberated the said piece of land wadsetted to the said late Thomas for the said sum of 3,000 merks from payment of all quarterings, maintenance, levies or any public burdens in time coming and until the same be discharged by parliament or committee of estates, and likewise grant precept upon [Sir James Stewart of Kirkfield and Coltness], commissary-general, for making payment to the said supplicant of the sum of £200 for her present subsistence.
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The estates of parliament, taking into their consideration a supplication given in to them by Jaffray Irvine in Craiglier, showing that where one John Carruthers, sometime indweller in Craigshouse in Annandale, being apprehended for certain thefts committed by him upon the borders, it is of verity that the greatest part of his thefts and robberies were against the said supplicant and John Beatie in Middlebie and John Steel in Kirkconnel, who are likewise supplicants; for which cause they have, with concurrence of his majesty's advocate, raised letters before his highness's justice and his deputes, as the same produced with the said supplication will testify. And seeing the most part of the witnesses who were seeing and knowing are merchants and other travellers towards England, dwellers in the inlying parts of the country, some in Edinburgh and some in Glasgow, so that necessary it is to the said supplicants to have the said John Carruthers transported out of the tolbooth of Dumfries and out of the hands of any others who have him in captivity to the tolbooth of Edinburgh, to the effect he may be presented before the justice the said day, according to the criminal letters raised relating thereto; and seeing they have found caution already to pursue him and that they are content to find sufficient caution for his transportation, therefore humbly craving the said estates of parliament to have consideration of the premises and to give warrant hereby for his transportation to the tolbooth of Edinburgh that justice may be done upon him as appropriate; and for that effect to ordain the provost and bailies of Dumfries to deliver him to them, seeing they are instantly content to find caution for his safe transport under what penalty it shall please the said estates of parliament to appoint, as at more length is contained in the said supplication. Which being taken into consideration by the said estates of parliament, they have ordained and do ordain the provost and bailies of Dumfries to deliver the said John Carruthers to the said supplicants that he may be transported to the tolbooth of Edinburgh, they finding caution for his safe transport there.
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The estates of parliament, having taken into their consideration the supplication of Sir James Fraser of Brae, showing that he having taken wadset of the lands of Dallas from Robert Cuming of Alter for the sum of £20,000, and that these lands were burdened before for the sum of 20,000 merks to the late Mr John Maxwell, bishop of Ross, whereupon he and his wife were infeft in liferent and his son in fee in the said lands, the said late Mr John Maxwell, by a back-bond subscribed by him and registered in the books of council, declared there was no more resting to him but the sum of 11,000 merks, whereof the said Robert Cuming of Alter, as cautioner for the said late Mr John Maxwell, has paid to sundry of his creditors the sum of 4,500 merks, so that there is only resting the sum of 7,000 merks or thereby. As also showing that the supplicant took the wadset of the aforesaid lands with the burden of the said Mr John Maxwell's sum, and seeing the annualrent thereof will belong to the public in respect of his rebellion and malignancy and that the supplicant can find no easier way for defraying a part of his losses than to retain the annualrent of the sum in his own hand, he being resting the aforesaid sum of 7,000 merks or thereby by the supplicant in his own hands in the first end of his losses, as the supplication purports, the said estates, upon consideration of the premises, do hereby grant warrant to the said Sir James Fraser, supplicant, to retain and keep in his own hand the annualrent of the aforesaid sum of 7,000 merks or thereby pertaining and indebted to the said Robert Cuming of Alter since the date of Sir James Fraser's contract of wadset upon the lands of Dallas, which is in the month of July 1642 until the year of God and month of July 1647; and ordain Robert Cuming of Alter, for his relief, to retain in his hands the annualrent of the aforesaid sum of 7,000 merks or thereby from the heirs of the late Mr John Maxwell. And hereby the estates of parliament discharge the said Sir James Fraser at the hands of Robert Cuming of Alter of the annualrent above-written and the said Robert Cuming of the said annualrent at the hands of James Maxwell, now son and apparent heir to the said late Mr John Maxwell, that the said Robert Cuming incurs no prejudice. And the said estates of parliament ordain the two part of the annualrents above-written to pertain to Sir James Fraser and the third part to John Hay of Knockoudie towards the reparation of their losses for as much, and this without prejudice to the widow and creditors of the late Mr John Maxwell, their rights thereto as by law.