[1661/1/164]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, presently convened by his majesty's special authority, taking to consideration a supplication given in to them by Sir Thomas Hamilton of Preston, making mention that he had his house of Preston burnt and destroyed by the late usurpers in the month of October 1650, and that his charter chest, containing the most part of his whole writs and evidents, were in the said house at the said time and were totally spoiled and destroyed; and therefore, craving that, conforming to a former act of parliament dated in March 1651, there might be some effectual course taken for supplying and making up of the defect and deficiency of the said writs and evidents of his lands and others, as the supplication at more length bears. Which being considered, there was commission granted to John [Campbell], earl of Loudoun, [Alexander Sutherland], lord Duffus, Sir James Lockhart of Lee, Sir Peter Wedderburn of Gosford, Sir Robert Murray [of Cameron], present provost of Edinburgh, and John Bell [of Hamilton Ferme], late provost of Glasgow, and Sir Archibald Primrose of Chester [and Carrington], clerk of register and Sir John Gilmour of Craigmillar being added to the former persons, and being all members of parliament, to take the circumstances to further consideration anent the burning of the said house, spoiling and destroying of the said writs and evidents, and to think and condescend upon the making up and supplying of the want of the said writs, and to do everything required for effectuating thereof and to report their opinion concerning the same, as the said commission also bears; by virtue whereof the said commissioners, having diverse and sundry times met and convened, and the said Sir Thomas having compeared before them and produced the particular writs after-specified of his lands and others following, which writs were not in his said charter chest the time of the burning of the said house: namely, a contract passed between the deceased John Hamilton of Preston on the one part and the said Sir Thomas (thereby designed Thomas Hamilton of Brotherstone) on the other part, of the date 20 February 1645, whereby, and for the onerous causes therein-contained, the said deceased John Hamilton, heritable proprietor of the lands and others after-specified, binds and obliges him to resign, renounce and give over the particular lands and others following, namely all and whole the lands of Preston and Prestonpans with the burgh of barony of Preston and free sea port and harbour thereof, with all privileges, liberties, casualties and commodities whatsoever pertaining and belonging to the said burgh and sea port, with the tower, fortalice and manor place of Preston, houses, biggings, yards, orchards, mills, multures, kanes, customs, casualties and duties, salt pans, coals, coalheughs, tenants, tenantries, service of free tenants, privileges, liberties, parts, pendicles and all their pertinents whatsoever; as also all and sundry the teind sheaves of all and whole the said lands and barony of Preston and Prestonpans with tofts, crofts, outsets, parts, pendicles and all their pertinents, with the privilege and liberty of a weekly market upon Saturday and of a free fair yearly beginning upon 1 October and enduring for the first, second and third days of the same month, called St Jeremond's† fair in Preston, and the tolls and customs of the said weekly market and free fair, all erected and united in one free barony called the barony of Preston, lying within the constabulary of Haddington and sheriffdom of Edinburgh; and also all and whole the said deceased John Hamilton's twenty pound land of old extent of Fingleton, with houses, biggings, yards, fishings, mills, multures, parts, pendicles and pertinents thereof whatsoever, lying within the barony of Mearns and sheriffdom of Renfrew; and also, all and whole the said deceased John Hamilton of Preston's lands of Ross, Rosaven, Ross Park and Brunthill, with houses, biggings, yards, parts, pendicles and pertinents thereof, lying within the barony of Hamilton and sheriffdom of Lanark; as also all and whole his lands of Broomhillton, extending to a five pound land of old extent, with houses, biggings, woods, yards, parts, pendicles and pertinents thereof, lying as said is, and all and whole his five pound land of Priestgill, with houses, biggings, yards, parts, pendicles and pertinents of the same, lying within the barony of Evandale and sheriffdom of Lanark foresaid; and these in the hands of the several superiors thereof and that for new and heritable infeftment to be given of the same in favour of the said deceased John Hamilton and of the male heirs lawfully to have been procreated of his body, which failing to the said Sir Thomas and Anna Hamilton, sister to the said late John, then future spouse to the said Sir Thomas, and their male heirs, upon the provisions, restrictions and conditions mentioned in the said contract. Likewise, the said deceased John thereby made and constituted the said Sir Thomas and his foresaids cessioners and assignees in and to the whole writs and evidents of the said lands and teinds. Likewise, the said deceased John also thereby made and constituted the said Sir Thomas and his foresaids cessioners and assignees in and to the said deceased John's right of the teind sheaves of the lands of Meikle Kype, and of the meikleland at the end of Lang Kype and of the lands of Little Kype, Priestgill, Locherwaves, Kirkwood, Thudbank, Dykes and Glengavel, with their pertinents, lying within the sheriffdom of Lanark, and which right to the said lands is by a tack set by the late Mr James Durham of Duntarvie to the late Sir John Hamilton of Preston, grandfather to the said John, and to the late Sir James Hamilton of Fingleton, father to the said John; likewise, he has right to the prorogation of the said tack by the lords of parliament appointed for plantation of kirks, as the said contract of the date foresaid containing several clauses and conditions mentioned therein, and containing procuratories of resignation for resigning of the said lands into the hands of the several superiors thereof for new infeftment to be given to the said Sir Thomas and his foresaids as more fully purports. Likewise, the said Sir Thomas produced an extract furth of the chancellery of the said late John Hamilton's charter of and concerning the foresaid lands and barony of Preston and Prestonpans, with the free burgh of barony of Preston and free sea port and harbour thereof, with all privileges, liberties and commodities whatsoever pertaining and belonging to the said burgh and sea port, with the said tower, fortalice and manor place of Preston and others respectively foresaid, which are lying within the said constabulary of Haddington and sheriffdom of Edinburgh, and which are held by the said deceased John Hamilton, his authors and predecessors of the king's majesty in manner mentioned in the said charter, together also with the extract of a sasine extracted furth of the books of the register of sasines kept at Edinburgh, of the date 10 April 1645, and which sasine is of and concerning the foresaid lands mentioned in the said charter and proceeds upon a precept contained therein; and also produced a retour extracted furth of the chancellery under the subscription of Alexander Jaffray, sometime director of the chancellery, of the date 2 June 1647, bearing the said Sir Thomas Hamilton to be served and retoured heir of tailzie and provision in special to the said deceased John Hamilton in all and whole the foresaid lands, baronies and others respectively and particularly above-mentioned. Likewise the said Sir Thomas produced an instrument of sasine under the sign and subscription of Robert Hamilton, notary public, dated 10 and 16 November 1647, bearing the said Sir Thomas Hamilton to be infeft and seised in all and whole the foresaid lands of Fingleton, with the mill and pertinents thereof, houses, biggings and yards of the same, lying within the said sheriffdom of Renfrew; and also, in all and whole the foresaid lands of Ross, Rosaven, Ross Park and Brunthill, with houses, biggings, yards and pertinents thereof, lying within the said barony of Hamilton and sheriffdom of Lanark; as also in all and whole the said lands of Broomhillton, extending to a five pound land; and also in all and whole the five pound land of Priestgill, with the several houses and pertinents thereof, lying as said is, and which instrument of sasine proceeding upon a precept directed by the deceased James [Hamilton], duke of Hamilton, superior of the said lands, and which precept is given by him upon the sight of and by virtue of the said retour, and the said sasines are registered in the general register of sasines kept at Edinburgh by the late Mr Francis Hay, depute keeper of the same, upon 18 December 1647, and which writs above-written the said commissioners did read and see. Likewise, the said Sir Thomas did lead and adduce before them diverse reputable witnesses for proving of his being in possession of the foresaid lands, baronies, teinds and others respectively above-mentioned, and for proving of the burning of the said house of Preston and of the spoiling and destroying of his said writs and evidents, and anent there being in the said house at the burning thereof, and which witnesses, being admitted, received, sworn and examined by the said commissioners thereon, and they having considered the same depositions, they find it sufficiently proven that the said Sir Thomas Hamilton is in possession of the said lands, baronies, teinds and others above-mentioned, and that immediately after the decease of the said deceased John Hamilton of Preston, to whom he succeeded as heir of tailzie and provision, except so much of the said lands as was liferented by the late Dame Barbara Muir, his mother-in-law, after whose decease he entered to the possession of her liferent lands, and also except such portion of the barony of Preston as was liferented by Margaret Seaton, widow of the said deceased John, the said Sir Thomas's last predecessor, and also they find it proven that Sir Thomas has acquired her liferent right in the year 1650; and in like manner the said commissioners find it sufficiently proven that the said house of Preston was burnt in manner foresaid, and that the said Sir Thomas's charter chest and writs were in the said house the time of the burning thereof, and that the same writs and evidents belonging to the said Sir Thomas, that were in the said chests for the time, were totally spoiled and destroyed in manner above-written. Likewise, the said commissioners found that diverse of the said witnesses have testified that they have seen and had in their hands, at several times before the burning of the said house, the said Sir Thomas's several infeftments and instruments of sasine of his whole lands, teinds and others above-written, following upon the said retour whereby he was served and retoured heir of tailzie and provision to the said deceased John, his immediate predecessor, with the said deceased John and the deceased Sir James Hamilton, his father, and the deceased Sir John Hamilton, his grandfather, their said then authors and predecessors' writs, rights and securities of and concerning the foresaid lands and others above-specified, over the period of sixty years and above. And therefore, and in respect of the said writs and adminicles produced by the said Sir Thomas, as said is, for supplement of the foresaid writs which are not extant, the said commissioners their opinion was that an act of parliament should be made and granted to and in favour of the said Sir Thomas, in manner and to the effect after-mentioned, as the said report at more length bears. Which, being seen and considered by our said sovereign lord and estates of parliament foresaid, they have allowed and approved, likewise they, by the tenor hereof, allows and approves of the foresaid report in the whole heads, articles, clauses, tenors and contents thereof; likewise our said sovereign lord and estates of parliament foresaid finds that the said Sir Thomas's house was burnt and that his said writs and evidents were lost and destroyed, in manner and at the time respectively foresaid; and therefore, and for supplying of the want of the said writs that are not extant, our said sovereign lord, with advice and consent of his said estates of parliament, has enacted and ordained, likewise they by this act enacts and ordains, that a signature be passed in favour of the said Sir Thomas containing a novodamus of and concerning the foresaid lands and barony of Preston and others respectively foresaid, which are held by the said Sir Thomas of the king's majesty, conforming to his former holdings thereof, and that the same lands and others foresaid be held by him in the same manner and for the same reddendo, also and in the same manner as he and his predecessors held the same before. Likewise our said sovereign lord, with advice and consent foresaid, has enacted and ordained that [William Douglas], duke [of Hamilton] and [Anne Hamilton], duchess of Hamilton, his superiors, shall make grant, subscribe and deliver new precepts, charters, infeftments and others to and in favour of the said Sir Thomas, his heirs and assignees, of and concerning the foresaid lands and others above-specified which are held by the said Sir Thomas of the said duke and duchess, and that the same charters, precepts and others foresaid shall be made and granted in such forms and manners as shall be thought most legal, effectual and sufficient, by the advice of men of law. And also for avoiding of debate that may hereafter fall furth between the said Sir Thomas and his neighbours, our said sovereign lord likewise enacts and ordains that the foresaid signatures, infeftments and others to be passed in favour of the said Sir Thomas shall bear and contain this express clause following in the dispositive part, namely, conveying to him and his foresaids the liberties and privileges of all commonties, pasturages, mosses, casting of fuel, fail and divot pertaining to the said lands and other privileges, immunities and liberties whereof he and his predecessors, or the tenants and possessors of the said lands, has been in possession by the space of forty years in commonty belonging to them, and ordains all keepers of public registers to make the same patent to the said Sir Thomas and to extract and give furth to him the extracts of such writs and securities as he shall find therein, to pertain to him of and concerning the said lands, and grants warrant for citing of all persons whatsoever generally and that by messengers of arms and others at the market crosses where the said lands lie, and for citing of such particular persons† as are out of the country at the market cross of Edinburgh, pier and shore of Leith, upon 60 days' warning, and such as are within the country upon [...] days' warning, to compear before the lords of session at the instance of the said Sir Thomas to hear and see it found and declared that he has good and undoubted right to the lands, baronies and others respectively above-mentioned, and that they neither have nor can pretend any right thereto, with certification that if they do not compear and make it evident to the said lords of session what their rights are to the said lands and others foresaid, or any part thereof, they nor their heirs shall never be heard to lay any claim of right thereto in time coming, notwithstanding decreet be given against them for non-compearance. And because the said Sir Thomas did lose, at that time and in manner foresaid, all discharges, renunciations and other exonerations whatsoever of bonds and other manner of obligements which he and his predecessors had paid and satisfied, therefore, our said sovereign lord, with advice of the said estates of parliament, does hereby likewise give warrant to the said messengers of arms and others to cite all and whatsoever persons pretending them to have bonds, obligations, contracts, sentences, writs and securities of whatsoever kind or nature the same be of, whereby they may claim or intend action or execution against the said Sir Thomas or his foresaids and their estate personal or real, for whatsoever cause or occasion, preceding the said year 1650 when the said writs were spoiled, as said is, charging so many of the said persons as are within this kingdom, either personally or at their dwelling houses or by open proclamation at the market crosses of the sheriffdoms where they dwell, upon 40 days' warning, and so many of them as are furth of this kingdom at the market cross of Edinburgh, pier and shore of Leith, upon 60 days' warning, bringing with them all bonds, obligations, contracts, decreets and other writs and securities whereupon they may find action or execution against the said Sir Thomas or his foresaids for himself, or as heir or executor or successor to any of his predecessors, for payment of whatsoever sums of money, annualrents or other duties, or for performance of whatsoever deeds of what ever nature, quality, date or dates the same be of preceding the month of October 1650 foresaid, and to produce the same writs before the lords of session, together with a note, subscribed by the said persons, of all actions, pleas or questions which they may lay to the charge of the said Sir Thomas, either for himself or as representing any other of his predecessors preceding the said month and year. Likewise it is hereby enacted and ordained that the foresaid citations so to be made in general shall be as lawful and sufficient as if the particular persons were specially condescended upon and were particularly cited, dispensing with the generality foresaid, in respect of the calamitous condition of the said Sir Thomas, with certification if they fail, the said lords of session will find and declare the said Sir Thomas, his heirs and executors, to be free from all action and execution which may be claimed or executed against them for the causes foresaid, by whatsoever persons within or without the country against whom the citations are to be made in manner foresaid; and in case any of the said persons shall exhibit and produce before the said lords of session any bonds, decreets, contracts or others made to them or their predecessors by the predecessors of the said Sir Thomas Hamilton, whereupon no action or pursuit has been moved or intended against him or them not founded upon writ, and whereof the said Sir Thomas shall allege a discharge or a renunciation in these cases, the said lords of session are hereby authorised and ordained to take to their consideration all defences to be argued by the said Sir Thomas and his foresaids upon whatsoever renunciations, discharges or other writs whatsoever importing liberation made to him or his foresaids, of whatsoever debt or obligement, and if the said Sir Thomas shall make faith that the said discharges and others foresaid were amongst his writs and evidents, and were destroyed the time of the burning of the said house, then the said lords are, in like manner, hereby ordained to take the depositions of whatsoever witnesses the said Sir Thomas shall adduce for proving of the tenors of the foresaid discharges and others foresaid, albeit there be no adminicle in writ, and notwithstanding of any objections to be made against the quality of the witnesses, in respect of affinity or consanguinity, they being of the quality of gentlemen true, worthy and of good reputation. And also remits to the lords of the session to consider of the qualification of witnesses and of the adminicles and presumptions that shall be used for proving the tenor of the said writs, as they shall find just and fitting; and also if any person to be summoned, as said is, shall compear and give in a note of their claims or actions to be intended against the said Sir Thomas and against the which he has defences founded upon writ and which is lost and destroyed, whereof he is not able to prove the tenor by witnesses, and yet shall be ready to make faith that he had such writs and that they were lost and destroyed, as said is, in that case the said lords are to proceed in discussing of the said defences and several causes with all equity and favour answerable to the calamities that the said Sir Thomas has sustained through the burning of his said house, spoiling and destroying of his said writs and evidents, as said is. And in like manner, our said sovereign lord and estates of parliament foresaid, does hereby authorise and give warrant to the said lords of session to proceed and go on in the said matter in manner and to the effect respectively above-mentioned, and ordains letters to be directed upon these matters in the appropriate form.
[1661/1/165]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, taking to his consideration the many good and faithful services done to his royal ancestors in former times by the family of Huntly, and that the late George, marquis of Huntly, tracing these loyal paths of his predecessors did, from the beginning of these late troubles, give constant testimony of his loyalty and affection to his majesty's service by a constant adherence thereto, notwithstanding of all the opposition made to the same, and that his majesty's father, of blessed memory, having in the year 1643 and constantly thereafter entrusted him with a commission of lieutenancy in the northern parts of this kingdom, he with all cheerfulness, duty and loyalty discharged the same for asserting and vindicating of his majesty's just power and authority against all such as then joined or were in arms against, or without his majesty's order and command, and did continue constantly in his majesty's service, until in the year 1647 he was unfortunately taken and thereafter, in the year 1649, for his loyalty and faithfulness to his majesty, was most cruelly deprived of his life by a public execution upon pretence of a decreet of forfeiture pronounced against him by those who usurped his majesty's authority in the years 1644 and 1645; therefore his majesty, with advice and consent of his estates of parliament, does hereby rescind and annul the said pretended decreet of forfeiture, with all interlocutors, sentences, decreets or statutes whatsoever of any pretended parliament or committee kept during these troubles and relating to the same, and declares the same to have been from the beginning, and to be in all time coming void and null, and that his children and grandchildren may serve themselves heirs and executors respectively to him according to the laws of the kingdom, and peaceably, after the date hereof and without process of law, enter to the possession of his estate and fortune, as fully and freely in all respects as if the said decreet of forfeiture had never been, anything contained therein to the contrary notwithstanding.
[1661/1/166]*[print] [email] [cite] [preceding] [following]
Forasmuch as the king's majesty, finding that there was no law nor lawful authority for meeting of the pretended parliaments and committee of estates in the year 1649, and that the persons meeting therein did, without any lawful warrant and in contempt of his majesty's authority, usurp the power to themselves, has therefore, with advice and consent of his estates of parliament, by their act of 9 February last, rescinded and annulled the said meetings and all acts or deeds done by them or their warrant, and whereas these usurpers, in a meeting of their pretended committee of estates upon 22 May 1649, did presume to pronounce and give out a decreet of forfeiture against Angus MacDonald of Largie for his joining in arms and having charge in those forces who, by commission from his majesty, asserted his authority within this kingdom in the years 1645, 1646, and 1647 against those who upon specious but false pretences opposed the same, and for many other testimonies of his loyalty at that time by a constant opposition in arms to all who withstood his majesty's authority, and albeit the said pretended sentence be void and null in itself as given without any lawful authority, and is accordingly declared against by the act of parliament above-mentioned, yet his majesty, being desirous to witness his sense of the loyalty of his good subjects and of their sufferings for the same, has thought fit hereby to declare that as the said pretended decreet of forfeiture, and all that has followed thereupon, is void and null in itself and so was from the beginning, so his majesty, with advice foresaid, does hereby rescind all decreets and sentences of any justice courts or other inferior courts against the said Angus MacDonald, or his father, whereby for their loyalty they were put from the possession of their estate and fortune, and declares that it is and shall be free to the said Angus to enter presently, without process of law, to the possession of his estate and fortune and all other privileges and immunities belonging to him, as if the said decreet of forfeiture or other decreets and sentences foresaid had never been, anything contained in any of them to the contrary notwithstanding.
[1661/1/167]*[print] [email] [cite] [preceding] [following]
Forasmuch as Sir John Gordon of Haddo, even from the beginning of these troubles did give public testimony of his loyalty to his majesty's authority, and in the years 1643 and 1644 freely engaged himself in his majesty's service and joined in arms with [George Gordon], marquis of Huntly, his majesty's lieutenant in the northern shires of this kingdom, against such who at that time did oppose and rise in arms against his majesty's authority and commands, and in this discharge of his duty in his majesty's service, being taken prisoner, was thereafter, in the same year, forfeited of his life, fortune and estate; and his majesty, being obliged in conscience and honour to have regard to the sufferings of any of his good subjects for their faithfulness and loyalty to his royal father and his authority, whereof the said Sir John Gordon gave signal testimonies by hazarding all he had for it in his lifetime and by sealing it with his blood in the end; therefore his majesty, with advice and consent of his estates of parliament, rescinds, casses and annuls the pretended decreet of forfeiture pronounced against him in the year 1644, with all acts, interlocutors, sentences, decreets or statutes whatsoever of any parliaments, committees of estates, commissions, courts or judicatories relating thereto or following thereupon in any sort, and declares the same to have been from the beginning, and to be in all time coming, void and null, and that his son and children may serve themselves heirs and executors respectively to him according to the laws of the kingdom, and bruik and enjoy his fortune, estate and means as freely and fully in all respects as if the said decreet of forfeiture, and all that has followed thereupon, (and which now is hereby rescinded and annulled) had never been.