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Whereas Thomas MacKenzie of Pluscarden did tender to the commissioners appointed for hearing of bills and complaints by his majesty's commissioner and estates of parliament, a petition showing that in the month of June 1648,† long after he had ended his capitulation with Lieutenant General David Leslie, and was living peaceably at his own house, Dougall MacPherson of Powrie did send his own brother and others to the said laird of Pluscarden's lands, who robbed and carried away from thence a great number of goods to the value of £40,000 Scots, whereof the said Dougall, after their return, did receive a share and, therefore, craving that the said Dougall, conforming to the law of this kingdom (having been the principal author of the robbing, spoiling and away taking of the said goods) might be decreed to make restitution to the petitioner of the same goods or prices, value and profits thereof. The said commissioners, having taken the said petition to their consideration, convened the said Dougall before them, seen the capitulation made between the said laird of Pluscarden and the said Lieutenant General Leslie of a date long anterior to the said spuilzie, as also an order directed from the said Lieutenant General to the said Dougall requiring him to restore the said goods to the said laird of Pluscarden, and to desist from committing the like again, with another letter from the said Lieutenant General Leslie to the said laird of Pluscarden himself, whereby he utterly disclaimed the said robbery and spuilzie and, because the said Dougall did propose no legal defence for himself, why he ought not to be decreed to make restitution or payment conforming to the desire of the petition, pleading only that there could be no process sustained against him for no cause, neither civil nor criminal, in regard that his majesty, by his instructions to his commissioner, had discharged that he should be in no way troubled in his person or fortune for any cause whatsoever. To the which it was answered for the said Thomas MacKenzie of Pluscarden that albeit there were such instructions and though the said Dougall should produce a remission for all crimes, facts and deeds done by him since the beginning of the war, yet the same should not be understood to stop the course of law and justice, no more than it could take away or be of the validity of a discharge of any private debt due by the said Dougall, whereunto the said remission could never be so extensive, and this action of spuilzie and depredation being of a nature of civil debt due to Pluscarden and now civilly pursued, the remission could not be understood to prejudge his payment, especially the said depredation and spuilzie being committed in time of peace after capitulation, and more as one year before the English army entered Scotland. The said commissioners did allow the petition and libel to the probation of the said laird of Pluscarden, did receive, swear and examine reputable witnesses for proving of the same and, after advising of the libel and depositions of the said witnesses, have found the same fully proven in so far as relates to the said Dougall MacPherson's accession to the said spuilzie, and likewise against his brother and accomplices, as also the number, prices, value and profits of the said goods proven by the oath of the said laird of Pluscarden, administered to him conforming to the laws and practice of this kingdom, in all such cases of spuilzie. This report, being presented and read in parliament, the lord commissioner declared that it was his majesty's pleasure and order to him that Dougall MacPherson be not questioned in his life or fortune, in regard whereof the parliament, though they conceive this cause very singular, being done a year before the coming in of the English and without warrant of those who commanded for the time, and who disclaimed the same and that the plaintiff's affections and sufferings with MacPherson's disaffection and treachery in the public service 1648 deserves special consideration as to the course of law, do forbear to give any sentence therein until his majesty's further pleasure be known and do humbly desire his majesty's commissioners to recommend the same to his majesty.
May it please your majesty,
The lords and commissioners appointed by your parliament for hearing the complaints of parties, having presented to the parliament an account of a great spuilzie committed by Dougall MacPherson and some others against the laird of Pluscarden in the year 1649, according to the instructions I received from your majesty I did make known to the parliament your majesty's directions to me that Dougall MacPherson be not questioned in his life or fortune, and the parliament are so tender and dutiful in what may concern your majesty's pleasure herein that they conceive this case very singular, being done a year before the coming of the English into this kingdom, and without warrant even of those who commanded for the time, and who have under their hands disclaimed so base a robbery and rapine, and that the plaintiff's affections to and sufferings for your majesty and your royal father with the known disaffection and treacherous carriage of MacPherson in the public service before that time, deserves special consideration as to the course of law and justice, yet they have forborne to give any sentence in the thing until your majesty, after knowledge of the cause, should make known your further pleasure, which will be received by them with all duty and submission. And in order thereunto, the enclosed paper with this account of the state of the business is by warrant and in name of your parliament most humbly recommended to your majesty, by
Your majesty's most faithful, most obedient and most humble subject and servant.