[1661/1/214]*[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 committees 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to themselves; has therefore, with advice and consent of his estates of parliament, by their act of 9 February last, rescinded and annulled the said meetings, and all other deeds done by them or their warrant, and whereas those usurpers in a meeting of their pretended parliaments or committee of estates upon the [---] day of [---] 1649 did presume to pronounce and give out a decreet of forfeiture against Aeneas,† now lord MacDonnell, therein designed [---] of Glengarry, for his joining in arms and having charge in these forces who, during these troubles, by commission from his majesty asserted his authority within this kingdom 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 is 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 thereon is void and null in itself and so was from the beginning, so it is and shall be free to the said Aeneas, lord MacDonnell to enter presently and without process of law to his estate and fortune, and all other privileges and immunities belonging to him, as if the said decreet of forfeiture had never been, anything contained therein to the contrary notwithstanding.
[1661/1/215]*[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to themselves; has therefore, with advice and consent of his estates of parliament, by their act of 9 February last, rescinded and annulled the said meetings and all other deeds done by them or their warrant, and whereas these usurpers in a meeting of their pretended parliaments or committee of estates upon 22 May 1649 did presume to pronounce and give out a decreet of forfeiture against Murdoch MacLean of Lochbuie, for his joining in arms and having charge in these forces who by commission from his majesty asserted his authority within this kingdom in the year 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 is 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 it is and shall be free to the said Murdoch MacLean to enter presently and without process of law to his estate and fortune, and all other privileges and immunities belonging to him, as if the said decreet of forfeiture had never been, anything contained therein to the contrary notwithstanding.
[1661/1/216]*[print] [email] [cite] [preceding] [following]
Forasmuch as the king's majesty, finding that there was no 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 parliament or committee of estates upon 22 May 1649 did presume to pronounce and give out a decreet of forfeiture against the deceased Hector MacLean of Kingairloch, for 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 is void 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 it is and shall be free to the heirs and executors of the said deceased Hector MacLean to enter presently and without process of law to his estate and fortune, and all other privileges and immunities belonged to him, as if the said decreet of forfeiture had never been, anything contained therein to the contrary notwithstanding.
[1661/1/217]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, convened by his majesty's special warrant, having heard and considered a supplication given in to them by Anna Sinclair, lawful daughter to the deceased George Sinclair, sometime surgeon to the Lord Ramsay's regiment of horses, showing that the supplicant, being past the age of tutory, necessary it is upon emergent and extraordinary occasions that lawful curators are given to her by whose advice and consent her necessary affairs and concernments might be the better managed, and seeing that the commissariat of St Andrews, before which the said process of curatory should be laid, is not now patent and that the nature of the supplicant's affairs and concernments could not, without prejudice, admit of delay; therefore, craving that the said estates of parliament would nominate and appoint the present bailies of Edinburgh, conjunctly and severally, empowering and authorising them to judge and give to the supplicant such persons nearest of kin on the fatherside and motherside as shall be chosen curators to the supplicant according to law and negotiation and emit edicts and precepts thereupon, and to administer oaths and receive caution and all other things to do thereupon that are required in such cases, admitting the said process and decreet to follow thereupon to be as effectual and sufficient as if the same had been laid and deduced before the competent judicatory in the ordinary and competent form, and that the said estates of parliament would dispense thereupon as the said supplication at more length bears. This with a report made and given by the lords and other commissioners for bills and trading, to whom the said matter was referred, showing that they, upon consideration of the said supplication, conceived that the desire thereof should be granted and they therewith, being well and ripely advised, his majesty, with advice and consent of the said estates of parliament, has approved and approves the said report and grants dispensation to the supplicant to choose her curators before the magistrates of Edinburgh, and hereby authorises them to proceed therein conforming to the desire of the said supplication; with the which his majesty and estates of parliament have dispensed and dispenses forever.
[1661/1/218]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, convened by his majesty's special warrant and authority, having considered a supplication given in to them by George Hay of Kirklands showing that he, being collector of the month's assessment which was laid on the shire of Perth for defraying the commissioners' charges who were sent to London in the year 1660, and that by order from the said shire he was forced to disburse for other uses £636 Scots money, and that there was otherwise due to him by the said shire the sum of £561 10s Scots money foresaid; therefore, craving that the said two sums might be laid on the shire with the next assessments of February and March. And this with a report made and given in to them by the commissioners appointed for trade and bills showing that they, having considered the said supplication, acts and orders of the said shire and the said supplicant's fitted accounts, whereby it is evident that the said two sums are resting to him by the said shire, conceived that the same sums should be imposed upon the said shire in the next current cess of February and March next in respect the commissioner for Perthshire did consent thereto, and being well and ripely therewith advised, his majesty, with advice and consent of the said estates of parliament, have ordained and hereby ordains the present commissioners of assessment within the sheriffdom of Perth to convene the heritors of the said shire and to hear the said supplicant's accounts and claim with the instructions thereof, and to report to the parliament between now and 8 March next what they shall find duly resting owing to the supplicant that the said estates of parliament may accordingly determine in the said matter.
[Clerk's note]
Memoranda, there is a decreet of this day's date, [Sir Alexander Gibson], laird of Durie against [William Douglas], duke of Hamilton, omitted and is registered the last in this book.†
The lord commissioner continues the parliament until the morning at 10 o'clock, and all summons as above.