28 May 1651

[Supplication of the earl of Perth, the earl of Tullibardine and others]

Supplication [John Drummond], earl of Perth, [Mr Francis Hay], laird of Balhousie and others

To the king's most excellent majesty and the honourable and high court of parliament, the supplication of John, earl of Perth, James [Murray], earl of Tullibardine, James [Elphinstone], lord Coupar, Sir Thomas Stewart of Grandtully and Mr Francis Hay of Balhousie

Humbly shows,

That by the 12th act of the second session of the first triennial parliament of his majesty's late dearest father of worthy memory, the first month's maintenance appointed to have been paid for the month of March 1645 was assigned to the commissioners of shires and burghs and to such noblemen, gentlemen and burgesses as did make bond with them for advancing thereof, in manner specified in the said act, whereby it is declared that they should have annualrent for the money advanced of their shires and burghs from the time of advancing to the repayment, as the said act dated in February the said year 1645 at more length bears. And true it is that I, the said Mr Francis Hay, being commissioner for the shire of Perth at the time aforesaid, did upon 13 March 1645 advance to [Sir Adam Hepburn of Humbie], commissary-general, and his deputes for the time the sum of £8,001 money of this realm as the said shire's proportion of the maintenance for the aforesaid month, as the discharge granted to me relating thereto at more length purports, which sum I borrowed from a friend, and for repayment thereof and annualrent of the same, the said earls of Perth and Tullibardine and the said Lord Coupar, Sir Thomas Stewart and I did give our bond, likewise Robert Murray of Buchanty did uplift the aforesaid month's maintenance from the inhabitants of the said shire of Perth and others liable in payment thereof, through which of all equity and reason the said Robert Murray is held and ought and should make payment to us of the aforesaid sum of £8,001, with the ordinary annualrent of the same from the said day of advancing thereof to the term of Whitsunday [18 May] next to come and yearly and termly thereafter during the non-payment of the said sum, the terms of payment of the same annualrent being first past, nevertheless he wrongfully refuses to do the same unless he be compelled. And therefore it is humbly supplicated that your majesty and the parliament may be pleased to give warrant to a macer or messenger of arms to summon the said Robert Murray to compear before your majesty and the parliament or your committee on 7 June next to come, with continuation of days, to answer to this complaint and to hear and see the premises be found and declared to be of verity, and the same being so found and declared, to hear and see him be determined to make payment to us of the aforesaid sum of £8,001, with the ordinary annualrent thereof from the said day of advancing of the same to the said term of Whitsunday next to come and yearly and termly thereafter during the non-payment of the said sum, the terms of payment of the same annualrent being past, which equity and reason calls for. And your favourable answer we humbly attend.

Stirling, 28 May 1651

The king's majesty and estates of parliament give warrant and command to a macer or messenger of arms to summon the parties complained upon to compear before the king's majesty and estates of parliament upon 7 June next to come to answer to the complaint written within, and in case of their not sitting, to the committee of estates.

[Robert Balfour, lord Balfour of] Burleigh, in the presence of the lords of parliament

  1. NAS. PA3/2/12, f.210r-210v. Back
  2. This verso also contains an opinion of the subcommittee, dated 10 June 1651, and of the committee of estates, dated 12 June 1651, summoning both parties before the committee. Back
  3. NAS. PA3/2/3, f.42r-42v. This document is bound under May 1650 in error. Back
  4. There follow two different paragraphs, the first dated 17 June 1651, the second undated. No resolution is given concerning the document but a commission to investigate it is established. Back
[Supplication of the heritors of Perth concerning the blocking of the highway into Perth]

Supplication of the heritors of the landward parish of Perth

To the king's most excellent majesty and the honourable and high court of parliament, the supplication of the heritors of the lands lying within the landward parish of Perth, for themselves and in name and on behalf of the remainder of his highness's subjects having occasion to trade or resort to the said burgh of Perth

Humbly shows,

That albeit by the law and practice of the land the common ways and high gates whereby his majesty's subjects and others have access and regress to and from the royal burghs of this realm for performing their lawful affairs should in no way be impeded nor stopped but the same ought and should be made patent and accessible to the effect aforesaid, nevertheless Andrew Grant of Balhaggillis, provost of the burgh of Perth, by himself or with assistance of the bailies and council thereof, has of late caused impute and infix certain stakes or posts of great timber in the midst of his majesty's road and ordinary highway within the Castle Gavel Port of the said burgh and by an act has discharged the whole inhabitants thereof to sell refuse or muck to the supplicants, through which neither cart nor sled can have access to the said burgh or regress from there by that port for transporting coal, barrels of herring and all other commodities requisite, with muck and refuse for bettering the supplicants' lands adjacent to the said burgh according to use and custom, albeit that the said port has been continually before an ordinary passage whereby carts and sleds went to and from the said burgh to the effect above-mentioned, and that the buying and transporting of the said muck not only occasions the streets of the said burgh to be cleaned but also renders commodity to the inhabitants thereof, owners of the same muck, so that the supplicants and all others of his majesty's subjects having affairs to do within the said burgh and the most part of the inhabitants are and will be exceedingly damnified. This holds out some private interest in the said provost or disaffection towards his neighbours and ought not to be tolerated, being an oppression that calls for redress as contrary to the law and practice of the land, and tending greatly to the detriment of the subject. Besides that if remedy be not provided, the said provost by all probability will do the same in the other roads and highways of the said burgh, and therefore it is humbly supplicated that his majesty and the parliament may be pleased to take the premises into consideration and witness the same by granting warrant to a macer or messenger of arms to charge the said provost and bailies of the said burgh of Perth personally or at their dwelling place, and the council thereof by open proclamation at the market cross of the same burgh because they are a multitude, to compear before his majesty and the parliament or their committee or before the committee of estates on 17 June in the hour of cause etc. to answer to this complaint and to hear and see the same verified and proven, and the same being verified and proven, to hear and see such punishment inflicted upon them in their persons and goods as such oppression calls for. As also to hear and see them determined with all diligence to lift the said whole posts or stakes put in the aforesaid road, and to make, keep and hold the same road patent and clear in all time coming as of before, and to annul and rescind the aforesaid pretended act, and likewise to desist and cease from making any impediment to the supplicants or any others of his majesty's subjects whereby they may not safely and freely pass and return to and from the said burgh by the aforesaid port and road and other ports and roads thereof with horses, carts and sleds or otherwise to the effect above-written, and for doing of all other affairs within the same burgh at all occasions according to equity, reason and the law and practice of the land. And your answer.

Stirling, 28 May 1651

The king's majesty and estates of parliament ordain a messenger or messenger of arms to summon the parties complained upon to compear before the parliament or committee of estates upon 17 June next to come to answer to the supplication written within.

[Robert Balfour, lord Balfour of] Burleigh, in the presence of the lords of parliament

  1. NAS. PA3/2/12, f.210r-210v. Back
  2. This verso also contains an opinion of the subcommittee, dated 10 June 1651, and of the committee of estates, dated 12 June 1651, summoning both parties before the committee. Back
  3. NAS. PA3/2/3, f.42r-42v. This document is bound under May 1650 in error. Back
  4. There follow two different paragraphs, the first dated 17 June 1651, the second undated. No resolution is given concerning the document but a commission to investigate it is established. Back