At Edinburgh 5 February 1661

Legislation: private business
Sir Ludovic Stewart [of Minto]

The estates of parliament, having heard a petition presented to them by Sir Ludovic Stewart of Minto, knight, holding furth that he has the gift of escheat and liferent of the deceased Sir Walter Stewart of Minto and has general declarator thereupon whereby he has right to all sums of money pertaining to the said Sir Walter, and since Mr James Muirhead, elder of Bredisholm, was and is debtor to the said deceased Sir Walter in certain great sums of money, and that there is no other way of probation thereof but by the oath of the said Mr James upon whatsoever sums of money and others due by him, who being an aged man is now upon his sickbed and, therefore, in respect of the exigency of the case and that there is no other judicatory, humbly desiring the said estates of parliament to commission some to take the oath of the said Mr James upon whatsoever sums of money and others due by him to the said Sir Walter to lie in preservation and to serve for probation in such actions as shall be hereafter intended, as the foresaid petition more fully bears. Which petition, with the report of the commissioners of parliament in the said matter, being heard, seen and considered by the said estates of parliament, they have given and granted and hereby gives and grants full power and commission to the provost and bailies of Glasgow or any two of them to take the oath and deposition of the said Mr James Muirhead upon the verity of the circumstances, and, if he be not able to travel, to go to his own house and there receive the same, and seal it up and keep it until the same be called for by the judge ordinary.

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Mr Bernard Sanderson

The estates of parliament, taking into their serious consideration the supplication of Mr Bernard Sanderson, late minister at Keir in Nithsdale, showing that he upon 16 November 1659 did demit his ministry as to that parish in regard of some differences between he and his parishioners, and that the synod of Dumfries, in regard of his numerous family and sad condition did, with consent of the heritors, ordain him to be paid of the stipend for which he had served at the said church and then resting unpaid, and also for the terms of Lammas [1 August] 1660 and Candlemas [2 February] 1661, as the recommendation of the synod of Dumfries made to the honourable committee of estates for that effect dated 10 October last bears; and that notwithstanding thereof he is altogether frustrated of payment of the same and, therefore, craving that some effectual course may be taken for compelling of his parishioners to make payment to him of the foresaid two terms, and of all preceding stipends resting unpaid for which he served the cure at the said kirk. This together with the foresaid recommendation of the synod of Dumfries of the date and contents above-written, with the report of the commissioners appointed for bills and trade to whom the same was referred, finding that the said Mr Bernard Sanderson's desire above-written is just and reasonable and, therefore, has ordained and ordains the heritors, liferenters, feuars and others within the said parish liable in payment of the minister's stipend to make payment to the said Mr Bernard Sanderson of the said stipend for the term of Lammas 1660 and of the term of Candlemas 1661, and of all bygone stipends resting owed unpaid to him preceding the said two terms during his serving the cure at the said kirk, and ordains letters etc.

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Alexander Ferguson

The estates of parliament having heard a petition presented to them by Alexander Ferguson of Kilkerran, prisoner within the tolbooth of Edinburgh, showing that by being apprehended and imprisoned within the said tolbooth by virtue of letters of caption at the instance of William Maxwell of Monreith for not making payment to him of the sum of £2,185 5s 4d Scots contained in a decreet obtained thereupon before the late commissioners for administration of justice, and the said Alexander Ferguson, having satisfied the said William Maxwell of the foresaid debt with the whole bygone annualrents thereof and liquidated expenses, and thereupon recovered the said William's discharge thereof and of the foresaid decreet, letters of horning and caption raised thereupon, consenting to the said Alexander Ferguson's liberation furth of the said tolbooth and that, notwithstanding thereof, the provost and bailies of the said burgh refused to admit and put the said Alexander Ferguson to liberty furth of their said tolbooth, even though he was willing to satisfy all the house dues without a warrant from the said estates of parliament for that effect; and therefore, craving that the said estates of parliament would command the said provost and bailies of Edinburgh to put him to liberty furth of their tolbooth, as in the said supplication at more length is contained. Which supplication and desire thereof, together with a certificate under the hand of Edward Hill, clerk of the tolbooth, bearing that all and whatsoever debts for which the said Alexander Ferguson was imprisoned or arrested for within the said tolbooth at the instance of any person or persons were fully satisfied and paid, and that they had consented to and subscribed the tolbooth books for his liberation furth thereof, together with the discharge aforesaid made by the said William Maxwell to the said Alexander Ferguson of the sums of money above-written, together also with the report of the commissioners of parliament given in by them in the said matter, being at length seen and considered by the said estates of parliament and they therewith being well and ripely advised, the said estates of parliament have commanded and hereby commands and charges the said provost and bailies of the burgh of Edinburgh to demit and put the said Alexander Ferguson to liberty furth of their tolbooth wherein he now lies prisoner, in manner and for the causes above-specified.

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James Hoyle

The estates of parliament, having heard a petition presented to them by James Hoyle, marischal of the citadel of Ayr, holding furth that he being appointed by the justices of peace of the sheriffdom of Ayr to keep in firmance and captivity the person of Alexander Campbell, elder of Pennymore, until process were deduced against him for the slaughter of Thomas Robeson, whereupon he has disbursed £14 5s sterling for his maintenance, upon the said Alexander and his sons their engagement to be paid out of the rents of their lands, which sum the tenants and possessors of their lands are willing to pay if they be enjoined so to do by public authority and, therefore, humbly craving order and command to the said tenants to pay the same. Which petition and desire thereof being seen and considered by the said estates of parliament, together with the report of the commissioners appointed for bills given in by them in the said matter, the said estates of parliament, conceiving the desire just and reasonable, have authorised and by this act authorises and empowers Alan Dunlop [of Craig], provost of Irvine, to uplift the said sum of £14 5s sterling from the tenants and possessors of the said lands, whom the said estates of parliament decrees and ordains to make good and thankful payment thereof to the said Alan for the use above-mentioned, that he may satisfy the said James Hoyle therewith of his expenses above-written, and ordains letters etc.

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Burgh of Whithorn

Our sovereign lord and estates of parliament, having taken to their consideration a supplication presented to them by the magistrates and inhabitants of the poor burgh of Whithorn, showing that through the ruin and decay of their harbour, which was most commodious and very useful for all ships sailing upon that coast and the only means of subsistence they had, and that by the extraordinary burdens of quarterings, namely of three troops of English horse, who took free quarter from them for the space of a month, the said burgh is altogether impoverished and, therefore, craving that an effectual course may be taken for repairing of the said harbour and in the meantime to recommend their condition to the several presbyteries and magistrates within the kingdom, and to appoint them a contribution. And having considered the report made to them by the commissioners of parliament appointed for bills, to whom the said matter was referred, finding the foresaid desire reasonable, therefore, our sovereign lord, with advice and consent of the estates of parliament, has ordained and ordains a contribution and voluntary collection to be made and collected at all the parish churches, both in burgh and landward, within the sheriffdoms of Galloway, Nithsdale, Teviotdale and Lanark for the use above-written, and hereby seriously recommend to and require all noblemen, gentlemen, magistrates and ministers of the law and Gospel within the said bounds to assist the said magistrates of Whithorn in the foresaid collection, and for publication of this present act and exhortation of the people within their respective parishes to liberality for so charitable and necessary a work.

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Procedure: committee quorum set

The lord commissioner and estates of parliament ordains any fifteen of the commissioners appointed for trade and bills to be a quorum, though there be not five of each estate present.

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Judicial proceedings: advocates appointed

Upon a petition given in in name of [Archibald Campbell], marquis of Argyll desiring that advocates might be appointed to assist him in his defence, it was ordered by the lord commissioner and estates of parliament that Mr William Maxwell, Mr Robert Burnett, younger, Mr John Cunningham, Mr Robert Sinclair, Mr George MacKenzie and Mr Andrew Birnie should assist him in his defences.

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Procedure: continuation

The lord commissioner continues the parliament until Friday at 2 o'clock in the afternoon, and all summons as above.

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