[1661/1/95]*[print] [email] [cite] [preceding] [following]
The which day the lord commissioner produced a patent under his majesty's great seal giving to [James Johnston], earl of Hartfell the title of earl of Annandale and Hartfell, viscount of Annan, lord Johnston of Lochwood, Lochmaben, Moffatdale and Evandale, which, being read in open parliament, and the estates acknowledging his majesty's favour to the said earl, the lord commissioner delivered the said patent to [William Douglas], duke of Hamilton who, in name of the said earl, received the same upon his knee.
[1661/1/96]*[print] [email] [cite] [preceding] [following]
The which day the lord commissioner produced in parliament a letter directed to him from his majesty in favour of John Home of Renton, whereof the tenor follows.
Charles Rex,
Right trusty and right well-beloved cousin and councillor, we greet you well. Whereas our well-beloved John Home of Renton, in the years 1639, 1640 and 1641, for his loyalty and ready obedience to our royal father's special commands, was a singular and heavy sufferer in his estate, amounting to the sum of £8,000 sterling; whereof our dearest father did take such particular notice, as he was graciously pleased to engage his royal word for satisfaction of the same. And conceiving us to be bound to make good his said royal promise and in his intended way, which was by act of parliament, our pleasure therefore is, and we require you (as you tender our own, but more particularly our said dearest father's honour) to endeavour that our parliament take some effectual way for paying to the said John Home the said sum of £8,000 sterling which we will take as very acceptable service. And so we bid you heartily farewell. Given at our court at Whitehall, 2 January 1661/0 and of our reign the twelfth year.
By his majesty's command, [John Maitland, earl of] Lauderdale.
Which being openly read, the estates of parliament, have appointed the same to be recorded in their books, and remits to the lords of the bills to be taken in consideration by them, who are to report their opinion of the thing and thereafter the parliament to take it into their own consideration.
[1661/1/97]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened by his majesty's special authority, having heard a supplication presented to them by James [Crichton], viscount of Frendraught, showing that it has pleased the lord commissioner's grace and estates of parliament to restore the petitioner against a sentence pronounced before the committee of estates at the instance of Mr Alexander Gregory, George Hay and David Cruikshank, against him, whereby the petitioner and diverse of his servants, namely Robert Spence, William and Thomas Crichton, William Clark, George Watt, Walter Hendry, James Howie, Alexander Fairweather, James Jarves, William Sanderson, William Innes and Patrick Leslie, were declared fugitives and rebels for not appearing before the said committee of estates to answer to the complaint given in by the said Mr Alexander Gregory, William Hay and David Cruikshank, and finding caution for their indemnity, humbly therefore desiring that the foresaid persons might also be restored against the said sentence in regard they are ready and willing to find caution in manner foresaid, as the supplication bears. Which with the supplication of the said Mr Alexander Gregory, William Hay and David Cruikshank, being at length heard and considered by the commissioners for bills, and they having made their report thereupon to the lord commissioner and estates of parliament wherewith, they being fully advised, they do hereby restore the said Robert Spence, William and Thomas Crichton, William Clark, George Watt, Walter Hendry, James Howie, Alexander Fairweather, James Jarves, William Sanderson, William Innes and Patrick Leslie against the foresaid act and sentence of the committee of estates declaring them fugitives and rebels, because they have found caution that they, nor any of them, shall act or do anything in prejudice of the said Mr Alexander Gregory, William Hay and David Cruikshank, otherwise than by order of law and that under the penalty of 1,000 merks Scots for each of the said persons in case of failure.
[1661/1/98]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened by his majesty's special authority, having heard a supplication presented to them by John Ewart [of Mulloch], commissioner for the burgh of Kirkcudbright, in name of the said burgh, showing that the stewart courts of the stewartry of Kirkcudbright have been in time past ordinarily kept within the tolbooth of the burgh of Kirkcudbright, as the centre and middle place of the stewartry, because of its convenience for accommodating the lieges, which cannot be had anywhere else within the said bounds, and for their ease and benefit, who upon less expenses may have the use of procurators at their own dwellings there, than if the said procurators were to attend the courts at any other place, as also because of the convenience of a sufficient jail and concurrence of the magistrates for receiving prisoners, and in regard of an act of parliament of King James VI, of worthy memory, his 6th parliament, cap.15, whereby it is statute that all sheriff clerks should have their residence at the head burgh of the shire (as the said burgh is within the said stewartry); humbly therefore, desiring an act and warrant for keeping the stewart courts at the said burgh, as the supplication bears. Which with the report of the lords of the articles made thereupon, being taken into consideration by the said estates of parliament, they do hereby statute and ordain that, for the good and ease of the lieges, the stewart courts of the said stewartry be in all time coming kept and held within the said burgh of Kirkcudbright as the most convenient and fit place for that effect within the said stewartry.
[1661/1/99]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, presently convened by his majesty's authority, having taken to their consideration a petition presented to them by Hugh, earl of Eglinton, lord Montgomery, showing that Alexander [Montgomery], earl of Eglinton, his father, was lately deceased and that he intended to serve himself heir to him general and special to all lands, lordships, baronies and others, wherein he died in full legal possession, before the term of Whitsunday [2 June] next to come, and for preventing the hazard of non-entry or any other inconvenience which he might sustain through lying out unentered to the said lands, lordships, baronies and others foresaid, and because the said lands, lordships, baronies and others whereunto the said noble earl intends to enter himself heir to his said deceased father, as said is, lies within several sheriffdoms and jurisdictions, namely within the sheriffdoms of Edinburgh, Linlithgow, Ayr, Renfrew and Bute, and bailiaries of Kyle Stewart, Carrick and Cunninghame, and regalities of Kilwinning and Paisley respectively, so that it will be very troublesome and expensive to him to administer and deduce several services before the ordinary judges of the said jurisdictions; neither yet are judges established within the same and that, therefore, it is necessary to him to have commission under the quarter seal in manner and to the effect underwritten. And therefore, craving a warrant to the director of the chancellery for directing a commission furth thereof to the four ordinary macers, or any one of them, to administer the foresaid service in manner underwritten, or else to declare the said noble earl free of the retoured mails and all other damage that he may sustain through his non-entry, until he be legally entered in the ordinary way, as at more length is contained in the said petition. And having considered the report of the commissioners of parliament appointed for bills, to whom the same was referred, our said sovereign lord, with advice and consent of the said estates of parliament, has given and granted, and hereby gives and grants full power and warrant to Sir William Kerr of Haldane, knight, director of his highness's chancellery and his deputes to expedite and direct furth a commission under the quarter seal making, constituting and ordaining Robert Hamilton, James Wallace, John Wauchope and Andrew Henshaw, or any two of them conjointly, sheriffs of the sheriffdoms, bailies of the bailiaries and regalities, and provost and bailies of the burghs respectively in that part, committed to them, or any two of them as said is, full power to sit within the new tolbooth or session house within the burgh of Edinburgh, dispense and with the place and time of suspension and parliament, if any shall happen to be sitting at the time, of the services of the said brieves, and admitted the said new tolbooth or session house of the said burgh of Edinburgh to be as lawful as if it were the tolbooth of the head burghs of the sheriffdoms and other jurisdictions where the said lands, lordships and others wherein he is served does lie, and as if the said service were led in the ordinary time of session or during the sitting thereof, and to that effect to affix, affirm, hold and continue court or courts, one or more, and to create clerks, serjeants, dempsters and all other officers and members of court necessary, and to receive and open the said brieves, and to cause the same to be duly and lawfully proclaimed, served and retoured, and to summon the inquest of persons least suspect, and who best knows the verity in the said matter, to pass upon the service of the said brieves, each person under the pain of £100 money, and generally to do all other things necessary and required for expediting the said service; and ordains the said commission to be further extended, in the best form with all clauses needful, and also for that effect to direct furth brieves for serving of the said earl heir to his father, as said is, and to retour the same thereupon and to give furth precepts for infefting the said noble earl in the lands contained in the said retours, and to do all other things usual in like cases, with the which our said sovereign lord and estates of parliament have dispensed and dispenses forever.
[1661/1/100]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, taking to their consideration a petition presented to them by Halbert Nisbet of Shields, preceptor of St Nicholas hospital in Glasgow, holding furth that he as preceptor foresaid has the oversight and charge of all the poor within the said hospital and the gathering in and disposing of the rents and duties thereof and, albeit the persons liable in payment of the same ought in duty and religion to make payment to the supplicant of their several proportions for the aliment of the said poor, yet since the cessation of justice they have made no payment of their proportions, whereby the supplicant has been necessitated to supply them, otherwise they would have starved; and, therefore, praying since the rents of the said hospital are alimentary and without which the poor cannot long subsist, that the said estates of parliament would grant warrant for letters to charge the persons liable in payment to pay the bygones resting owed, and that letters may pass under the signet for that effect, under the pain of rebellion etc. Which supplication and desire thereof, with the report of the lords commissioners of bills, being all seen and considered by the said estates of parliament, they have decreed and ordained and by the tenor hereof decrees and ordains letters of horning to be directed under his majesty's signet, at the instance of the said Halbert Nisbet, for charging of all and sundry the persons liable in payment of the rents and duties of the said hospital to readily answer and make payment to the said Halbert of their several proportions, each of them for their own parts, and that of all years and terms bygone resting owed unpaid, within fifteen days next after the charge, under the pain of rebellion and putting of them to the horn, and that all other letters and executorials be directed hereupon in form as appropriate.
[1661/1/101]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the honourable commissioners of parliament appointed for bills by Sir Archibald Stirling of Garden, knight, against Robert, lord Burleigh and Mr Patrick Oliphant of [...], showing that the supplicant, being in the year 1648 employed in his majesty's service as an officer under the command of William [Hamilton], earl of Lanark, thereafter duke of Hamilton he, conforming and in obedience to the laws and acts of parliament and to command of his superior officer, having made his levy of a troop of horse within the locality appointed for that effect, thereafter the whole forces being disbanded, amongst the rest the supplicant's troop the several soldiers under his command, having retired peaceably to their own homes with their horses and arms conforming to the capitulation at Stirling, whereby assurance was given that none who were accessory to that service (providing that they disbanded at the time thereby appointed) should be in any way challenged in their persons or estates for or in relation to their engagement therein, nevertheless, the persons after-mentioned, upon pretext of an act of the pretended committee for the time, dated the very day after the subscribing of the said capitulation, ordaining the officers and soldiers who had received any horse or money for carrying on the said engagement to restore the same or give back the money to those who had equipped the same, expressly contrary both to the act of parliament and articles of capitulation thereupon, having threatened the supplicant for redelivery or payment of what he had received for advancing the said levy, he was against all law and reason necessitated to pay the particular sums after-mentioned to the persons underwritten to wit, to Robert, lord Burleigh, the sum of £200 conforming to his receipt thereof dated 25 January 1649 and to Mr Patrick Oliphant, the sum of 300 merks in the month of [...] 1649; which sums the supplicant, having been forced to pay at the times and in manner foresaid, most unjustly against the standing laws and articles of capitulation, ought in justice to be refunded with the interest thereof since his payment of the same, and until such time as the same is repaid; and therefore, craving that the said defenders might be ordained to refund and pay back the foresaid sums so received by them, with the bygone interest thereof and in time coming, during the non-payment of the same. Which supplication or libel, being read in the presence of the commissioners of parliament appointed for bills, the said Sir Archibald Stewart, being personally present, and the said Robert, lord Burleigh and Mr Patrick Oliphant, being also personally present, the said estates of parliament, having heard, seen and considered the said petition or libel with the whole defences and dispute proposed by either of the said parties against others thereupon, with the said Mr Patrick Oliphant's qualified oath underwritten and missive letter after-mentioned, with the report of the said commissioners for bills in the said matter and, being therewith well and ripely advised, the said estates of parliament decrees and ordains the said Robert, lord Burleigh and Mr Patrick Oliphant, defenders and each of them, to pay and redeliver to the said pursuer the sum of 300 merks Scots money for the causes above-written, together with the whole bygone annualrents thereof since the said pursuer's payment of the same to them respectively, together with the annualrent thereof respectively in time coming during the non-payment of the said two principal sums. Because the time of the discussing of the foresaid action it was alleged by the said Robert, lord Burleigh that the £200 received back by him from the pursuer was partly for himself and partly for the lairds [Halliday] of Tullibole and [...] of Balloch, and that, therefore, he ought only to be decreed to repay his own part thereof; whereunto it was replied by the said pursuer that the allegation foresaid ought not to be respected seeing the Lord Burleigh got the whole money from him and gave him his receipt thereupon, and therefore ought to be decreed to pay the money and let him seek his relief as he may. Thereafter it was alleged by the said Mr Patrick Oliphant that he was never liable to put out any horse to the pursuer, and so he could not give back the price, and that any thing of that kind was as procurator and in name of [Elizabeth Maule], lady Kinghorn, who should have been summoned, and therefore no process against him, and desired that his receipt if any were might be produced; whereunto it was replied by the said laird of Garden, pursuer, that he ought to have back his money from the said Mr Patrick who got it, and referred the receipt thereof to his oath, and the said Mr Patrick Oliphant, being personally present and solemnly sworn thereupon, by his said oath testified and declared in qualification that to his knowledge he took the said 300 merks from the pursuer only in the name of the Lady Kinghorn who was tutrix to her son, and for any assignation he does not remember it. Thereafter the said Mr Patrick produced the Lady Kinghorn's letter to him, authorising him to receive the same, which libel, with the defences foresaid proposed by both the said defenders, as said is, with the pursuer's replies aforesaid made thereunto, together also with the said Mr Patrick Oliphant's qualified oath above-written and missive letter produced by him, as said is, with the report of the said commissioners of parliament appointed for bills and trade made thereupon, being all heard, seen and considered by the said estates of parliament, and they therewith being well and ripely advised, they notwithstanding of the defences foresaid argued by the said defenders and of the said Mr Patrick Oliphant's oath given, as said is, and of the foresaid missive letter produced by him and also, notwithstanding of diverse defences argued by them after the advising of the cause against the payment of annualrent, gave their decreet in the said matter in manner above-written, without prejudice always to the said defenders of their actions of relief respectively against the persons liable therefore according to law, and ordains letters etc.
[1661/1/102]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideration a petition given in to them by Janet Edgar, widow of Quartermaster James Sloan, showing that her husband, after that he had been eighteen years in the king's majesty's service, was killed six years ago by the English in Dunkeld and that, thereafter, the English burnt his house when she was lying in childbed, and killed her young born child, gave herself several wounds, plundered her house and carried away a great sum of money from her, whereof every trooper of a whole troop of horse got £50 sterling; and therefore, craving some present supply for the maintenance of herself and children, whereof one was made blind and another mutilated of a leg through the said fire, and that a yearly and quarterly allowance might be granted to them for their livelihood. And having also considered the report of the commissioners of parliament appointed for bills and trade (to whom the same was referred) thereupon, has ordained and ordains the said Janet Edgar to be presently answered, obeyed and paid of the sum of £10 sterling money furth of the readiest of the excise due the time of the English, for the present relief of her and her children.
[1661/1/103]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's authority, taking to their consideration a petition presented to them on behalf of certain of the inhabitants of the overward of Clydesdale, holding furth the necessity of building of a stone bridge over the water of Clyde at Rammall-weill-craigs near to Cold Chapel, in regard of the accommodation it would produce to all persons that pass that way and the great inconveniences of perishing of men which has been often seen by that water, retarding of journeys, hindering of markets and many others, which may be prevented by a bridge; and therefore, craving that some speedy course may be taken for building the said bridge, as at more length is contained in the said petition. And also, considering the report of the commissioners of parliament appointed for bills and trading to whom the said matter was referred, and their care and diligence therein, find an absolute necessity of the said bridge, not only over the said water of Clyde but also another bridge over the water of Duneaton which runs contiguous thereto, and considering that so great a work cannot be conveniently built unless there be a discreet man to undertake the work; and having dealt with William Baillie of Littlegill, upon whose ground the said bridge over the Clyde will necessarily stand, and who must give passages thereto of his ground on both sides, besides the loss that he will sustain by the great resort that will be on his land when materials are to be laid there to undertake the said work, as being a person of good interest in that country to effectuate the same, and that he, for the good of the public, has undertaken the same. Therefore the said estates of parliament, for the better accomplishing of the said work and the said William's encouragement therein, not only have granted and hereby grants and ordains a voluntary contribution to be collected and gathered by and for him in such ways personally or by parishioner as he shall think most expedient, through all the parishes both in burgh and landward on the south side or the water of Forth, and recommends him to all noblemen, magistrates and ministers of the respective presbyteries within the said bounds, to be assisting to him therein for a liberal and timeous collection for so good and great a work, but also, for his better encouragement therein and effectuating of the same, seeing it is presumed that the said collection will not be so considerable as to perfect so great a work, the said estates of parliament have given and granted, and hereby give and grant to the said William Baillie of Littlegill, his heirs or assignees, a custom to be paid at Clyde's bridge only to him or any others he or they shall appoint, for exacting thereof as follows: to wit, from each footman or woman 2d Scots, for each horse with his load or rider 6d Scots, for nolt, beast or single horse 4d, for each sheep 2d and these rates to be in satisfaction of the custom of both bridges and to be exacted from all persons and goods that shall pass at any of them, and these customs to continue during the space of twenty-seven years after the building and completing of the said bridge. And the said estates of parliament have given and gives thanks to the said William Baillie for undertaking of the said work, and hereby ordains all passengers whatsoever to pay the foresaid custom to him or such as shall be appointed by him or his foresaids for uplifting thereof at the rates above-written, because he has instantly found caution for building of the said bridge within the space of two years next after the date hereof.
[1661/1/104]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened by his majesty's special warrant and authority, having at length heard, seen and considered a supplication given in to them by Patrick Gellie, prisoner, showing that he, being imprisoned by one Thomas Forbes, curator to the bairns of the deceased Mr John Gellie, and at the desire of some of the English judges, he himself being an indigent person, the said Thomas Forbes did ordain Edward Hill, clerk in the tolbooth, to give him 6s Scots per day for aliment and for that effect, conforming to the custom, did enter him in the clerk's books, and that accordingly he was alimented now by the space of twenty months by the said Thomas Forbes, until of late that he discharged the said Edward Hill to give any more aliment to the supplicant, so that he is brought to a very sad condition; and therefore, craving that either he may be paid of his aliment since 14 November last and weekly in time coming during his imprisonment, or otherwise might be put to liberty, as the supplication bears. And this with a report given in by the lords and other commissioners appointed for trade and bills, to the effect after-mentioned, and they being, with the said report and supplication, well and ripely advised, the estates of parliament aforesaid have approved and approves the foresaid report and ordains the said Thomas Forbes to make payment to the supplicant of 6s Scots per day since 14 November and in all time coming during the supplicant's imprisonment, at his instance, wherein if he fail the magistrates of Edinburgh are hereby ordained to put the supplicant to liberty furth of their tolbooth, wherein he is incarcerated for the present, within forty-eight hours after the said Thomas Forbes shall fail to pay the said aliment, and ordains letters etc.
[1661/1/105]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideration a supplication given in to them by William Moore, merchant burgess of Ayr, showing that the commissioners of estates, by their act of the date 12 September 1660, gave warrant to George Allan in Bo'ness to seize upon a trunk belonging to Richard Lovell, Englishman, who had received and intromitted with the sum of £60 sterling belonging to the supplicant, and to put a lock upon the trunk and keep the same in sure custody until further order, conforming to the which act the said George Allan did seize upon the said trunk and put a lock thereon and keeps the same in his custody, and that seeing the said Richard Lovell is now out of the country and is not to return thereto, and in respect that the whole goods in the trunk are not near the worth and value of that which he is indebted to the supplicant, therefore, craving a warrant to the said George Allan to break open the said trunk and to roup and sell the whole goods within the same, and to pay and deliver to the supplicant what shall be got thereof in payment and satisfaction to him of a part of the said sum of £60 sterling indebted to him by the said Richard Lovell; and having also considered the foresaid act of the committee of estates of the date and contents above-written, with the report of the commissioners of parliament appointed for bills and trading (to whom the same was referred) made to them thereupon, the said estates of parliament have ordained and hereby ordains the said George Allan (in the presence of any one of the bailies of Linlithgow) to break open the said chest, and in his presence to roup and sell the said goods to the best price, to the use and behoof of the said William Moore, and thereafter to deliver to the said supplicant the sums and prices of the said goods and chest so to be rouped, and ordains letters etc.
[1661/1/106]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened by his majesty's special warrant and authority, having heard, seen and considered a supplication given in to them by Francis Ruthven, son to the deceased Sir John Ruthven of Dunglass, showing that the deceased Sir Francis Ruthven of Kerse, the supplicant's uncle, by his disposition of the date 11 July 1650, for the causes specified therein, alienated and conveyed to the supplicant, his heirs and assignees, the lands and barony of Redcastle, with the whole parts and pertinents thereof mentioned therein, as the said disposition in itself more fully purports. Likewise, the said deceased Sir Francis Ruthven, being for causes moving him, delayed passing infeftments to the supplicant during the said Sir Francis's lifetime, and least that the not taking sasine and infeftment might have prejudged or made void the foresaid right and disposition, or that William Ruthven of Garden, his heir, should make any impediment thereupon whereby the supplicant should happen to be debarred from the peaceable possession of the foresaid lands by virtue of the foresaid disposition, and that the said lands might be made free of any debt or burden whereby they were or might be affected by the said deceased Sir Francis Ruthven, therefore, the said deceased Sir Francis Ruthven, by his bond and obligation subscribed with his hand of the date 27 January 1655, bound and obliged him, his heirs and others contained therein to pay to the supplicant all and whole the sum of £80,000 Scots money at the feast and term of Whitsunday [May/June] or Martinmas [11 November] immediately after the expiring of six years after the said Sir Francis's death, which time was limited and set down in the writs granted by the said Sir Francis to the said William Ruthven of Garden whereby he might relieve himself of any burden wherein he stood obliged or engaged for him, after expiring of which time he obliged him and his foresaids to make payment of the said sum to the supplicant, without longer delay, together with the sum of 10,000 merks of liquidated expenses in case of failure, as the said bond, containing therein diverse other obligements and conditions of the date foresaid, in itself more fully purports; and in regard since the death of the said Sir Francis Ruthven, the said William Ruthven of Garden, his brother and heir served and retoured to him, and who is infeft in the said lands and barony of Redcastle conveyed to the supplicant, and likewise in the whole other estate and fortune which pertained to the said deceased Sir Francis Ruthven, has already alienated and dilapidated a great part of the said estate, and intends still to alienate and dilapidate the remainder thereof and to grant bonds whereby the same may be comprised and evicted from him; and as likewise, had already suffered his whole fortune to be comprised by several creditors in manifest defraud of the supplicant anent the implementation and fulfilling to him of the said disposition and bond above-specified, which is not in the supplicant's power to remedy or prevent by reason of the cessation of the ordinary course of justice which might and would undoubtedly tend to the supplicant's ruin, unless the honourable estates of parliament would provide remedy. Therefore, humbly desiring that the said William Ruthven of Garden might be inhibited and his corns, cattle, debts, sums of money etc. arrested in manner underwritten; and this with a report made and given in to them by the commissioners appointed for trade and bills, whereby they, upon consideration of the supplication and bond above-written did conceive that the desire of the said supplication ought to be granted, as the said report likewise bears. And being with the said supplication, obligation and report, well and ripely advised, the estates of parliament aforesaid have approved and hereby approve the foresaid report and have granted and hereby grants warrant and command to macers or messengers at arms, in his majesty's name and authority, to inhibit and discharge the said William Ruthven of Garden that he in no way sell, alienate, wadset, convey, dilapidate nor put away any of his lands, heritages, tacks, steadings, rooms, possessions, reversions, goods nor gear, nor yet make any private or public infeftments, sasines, alienations, assignations, resignations, renunciations nor other dispositions of the same, or any part thereof, nor yet contract nor on-tack debts nor sums of money, nor do any other fact or deed in prejudice of the said Francis Ruthven, supplicant, anent the implementation and fulfilling to him of the foresaid disposition and bond in the whole heads, articles, clauses, obligements and conditions respectively specified therein, and also in name and authority foresaid to inhibit and discharge all his majesty's lieges of this kingdom by open proclamation at the market crosses of [...] and other places needful, that they nor none of them presume nor take upon hand, directly nor indirectly, upon whatsoever colour or pretext, to buy, block, take in wadset for long or short tacks from the said William Ruthven any of his lands, heritages, houses, biggings, annualrents, reversions and others whatsoever, nor yet receive from him any private or public alienations, dispositions, assignations, resignations or other right of the same, or any part thereof, nor yet furnish or lend to him any sums of money by bond or otherwise whereby his lands and others above-written may be evicted and comprised from him in prejudice of the supplicant, as said is, with certification to all that does in the contrary the same shall be null and of no avail, force, strength nor effect with all that has followed or may follow thereupon, and also that in name and authority foresaid, fence and arrest all and sundry the said William Ruthven's corn, cattle, debts, sums of money and other goods and gear pertaining and belonging to him, wherever or in whose hands the same may or can be apprehended, to remain under sure fence and arrestment at the instance of the said Francis Ruthven, supplicant, until such time as sufficient caution is found for making the same forthcoming to the supplicant, according to law. And also the said estates of parliament do hereby grant warrant to the lord clerk register or his deputes to register the above-written inhibition, with the executions thereof, in the ordinary register of inhibitions, and failing thereof in the register of parliament, which they hereby declare to be as valid and legal, to all intents and purposes, as if the same were done conforming to the ordinary way prescribed by the act of parliament, providing always the same is executed and registered within the due time prescribed by the said act.
[1661/1/107]*[print] [email] [cite] [preceding] [following]
The estates of parliament, convened by his majesty's authority, taking to their consideration a petition presented to them by Elizabeth Home, spouse to Mr James Simpson, late minister at Airth, showing that the petitioner's husband, being a man of so small estate that he had not been able to maintain himself and his numerous family this half year bygone, wanting the ordinary means, namely his stipend, which was occasioned through the sequestration of the same by order of the committee of estates, during the which time the supplicant had been reduced to great penury and want, and with her poor family (most of them being sick all that time) had been necessitated through want to contract debt for the supplementing of their pressing necessities, and having no way whereby to get their own needs supplied, nor their friends, to whom they are obliged, relieved but by the goodwill and pleasure of the said estates in taking the said sequestration off her husband's stipend; and therefore, craving that the said year's stipend and remainder of preceding years might be ordained to be paid to the supplicant. And, having also considered the report of the commissioners of parliament appointed for bills made thereupon, to whom the same was referred, and being therewith well and ripely advised, the said estates of parliament have ordained and hereby ordains the heritors, feuars, farmers, tenants, tacksmen, rentallers, liferenters and others liable in payment of the minister's stipend within the said parish, to make payment to the supplicant of all bygones resting owing unpaid preceding Mr James Forsyth, present minister, at the said kirk his entry thereto, and ordains letters etc.
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The estates of parliament, presently convened by his majesty's authority, taking to their consideration a petition presented to them by Mr George Nairn, minister at Burntisland, showing that by an ordinance of the late committee of estates the supplicant's maintenance had been sequestrated, and he thereby deprived of the ordinary means of livelihood for himself and his family, a considerable part of the same being at that time resting to him both of the year 1659 and of the year 1660; and therefore, craving that the foresaid sequestration might be removed conforming to their accustomed clemency in the like cases; and also having considered the report of the lords and other commissioners of parliament appointed for bills, to whom the same was referred, has ordained and ordains the heritors, feuars, farmers, tenants, tacksmen, rentallers, liferenters and others liable in payment of the minister's stipend within the said parish, to make payment to the said Mr George of his bygone stipend resting by them to him for the crop of 1659 and also for the crop of 1660, and that notwithstanding of the said sequestration, and ordains letters of horning on 15 days etc.
The lord commissioner continues the parliament until Wednesday at 2 o'clock in the afternoon, and all summons as above.