[1661/1/226]*[print] [email] [cite] [preceding] [following]
The which day the lord commissioner produced a patent under his majesty's great seal, of the date at Whitehall, 20 December 1660, making and creating Angus MacDonald of Glengarry (and his heirs male got of his own body) Lord MacDonnell and Aros, which, being read in open parliament and the estates acknowledging his majesty's favour to the said Lord MacDonnell, the lord commissioner delivered the said patent to [James Livingstone], earl of Callander who, in name of the Lord MacDonnell, received the same upon his knee.
[1661/1/227]*[print] [email] [cite] [preceding] [following]
Forasmuch as it has pleased God to call from this life Robert Dunbar of Westfield, heritable sheriff of the sheriffdom of Elgin and Forres, and his son, to whom the right of that office properly belongs, being a minor and not able at present for the discharge thereof, and Patrick Dunbar of Balnaferry being uncle and nearest of kin to the young boy who is present sheriff, the king's majesty, with advice of his estates of parliament, does hereby authorise him and his deputes, for whom he shall be answerable, to exercise and discharge the office of sheriff of Elgin and Forres during the minority of Robert Dunbar, his nephew and present sheriff, the said Patrick being always accountable to his nephew for the benefit, fees and dues of the said office.
[1661/1/228]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, taking to their consideration that the town of Leslie is situated near the middle or centre of the shire of Fife, six miles distant from any royal burgh and is environed with landward bounds very populous, and that it will be necessary and convenient for his majesty's subjects and inhabitants of the shire that there be free markets or fairs held yearly at the said town of Leslie, whereunto all his majesty's lieges may resort for buying and selling of such horse, nolt, sheep and all sorts of merchant commodities whatsoever as shall be brought thereto by any persons; therefore, his majesty, with advice and consent of his estates of parliament, does allow to John, earl of Rothes, his heirs and successors, to have three fairs yearly kept and held at the said town of Leslie in manner following, to wit, on upon the Tuesday before Easter, the second upon the Thursday before Whitsunday [May/June], and the third upon the Thursday before Lammas [1 August], each of them to endure the space of two days, with full power to the said John, earl of Rothes, his heirs and successors, by themselves or such as they shall appoint, to collect, gather, intromit with and uplift the tolls, customs, casualties and other duties of the said fairs used and wont conforming to the ancient customs in like cases, and recommends to the lords of his majesty's exchequer to pass a signature hereupon in favour of the said John, earl of Rothes and his foresaids in due and competent form as appropriate.
[1661/1/229]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, taking to their consideration that there is no burgh nor market town within the parishes of Braemar, Strathdee, Glengairn, Glenmuick, Aboyne, Glentanner, Strathdon, Strathdoune, Migvie, Tarland and Coldstone whereby the lieges are heavily prejudiced and put to great expenses in going to market towns at a far distance for buying of such necessary commodities as they stand in need of, and being informed that the town of Tullich lies in the middle part of the said parishes, and is a fit place for holding of markets and fairs therein, whereto all his majesty's subjects within these bounds may readily repair with ease to themselves; therefore, his majesty, with advice and consent of his estates of parliament, does allow to William Farquharson of Inverey, his heirs and successors and inhabitants of the said town of Tullich, to have a weekly market on Tuesday for selling and buying of fish, butcher-meat, oxen, sheep, cattle, wheat, meal, malt, bear and all other victual, cloth, linen and woollen, and other merchant goods, together with two free fairs yearly each of them for the space of four days, the one thereof upon the first Tuesday of May and the other upon the second Tuesday of September, yearly in all time coming, with full power to the said William Farquharson, his heirs and successors by themselves or such as they shall appoint, to collect, gather, intromit with and uplift the tolls, customs, casualties and all other dues of the said markets and fairs used and wont, conforming to the ancient customs in the like cases, and recommends to the lords of his majesty's exchequer to pass a signature thereupon in favour of the said William Farquharson and his foresaids, in due and competent form as appropriate.
[1661/1/230]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, taking to their consideration how necessary and convenient it will be for his majesty's subjects within this kingdom that there be a free market or fair held yearly within the town of Old Deer, or a little above the same, whereunto all his majesty's lieges may resort for buying and selling of such horse, nolt, sheep and all sorts of merchant commodities whatsoever as shall be brought thereto by any persons; therefore, his majesty, with advice and consent of his estates of parliament, does allow to William, earl Marischal, his heirs and successors, to have a free fair yearly kept and held at the said town of Old Deer, or a little above the same, which shall be and begin upon the first Tuesday of July and to continue all that week over, with full power to the said William, earl Marischal, his heirs and successors by themselves or such as they shall appoint, to collect, gather, intromit with and uplift the tolls, customs, casualties and other dues of the said fairs used and wont, conforming to the ancient customs in like cases, and recommends to the lords of his majesty's exchequer to pass a signature hereupon in favour of the said William, earl Marischal and his foresaids, in due and competent form as appropriate.
[1661/1/231]*[print] [email] [cite] [preceding] [following]
The which day the lord commissioner produced a letter directed to him from the king's majesty, which, being read in open parliament, the same was ordained to be registered in the books of parliament whereof the tenor follows:
Superscribed Charles Rex,
Right trusty and right well-beloved cousin and councillor, we greet you well. We have received your letter concerning Pluscarden, and are informed by [George Monck], duke of Albemarle that he has decreed Dougall MacPherson to pay to Pluscarden £800 sterling, which if he refuses he will intercede no more for him, therefore if MacPherson refuses to pay that money you shall not protect him from our parliament's justice. And so we bid you heartily farewell, given at our court at Whitehall, 10 April 1661 and of our reign the thirteenth year.
By his majesty's command, signed thus, [John Maitland, earl of] Lauderdale
Directed: to our right trusty and right well-beloved, cousin and councillor, [John Middleton], earl of Middleton, our commissioner to our parliament of Scotland.
[1661/1/232]*[print] [email] [cite] [preceding] [following]
Anent the supplication and libel given in to his majesty's commissioner his grace and estates of parliament by Thomas MacKenzie of Pluscarden against Ùisdean mac Eachainn† in Wester Delfur, Gilleasbaig mac Gill-riabhaich† in Glengenag, Iain mac Alasdair mhic Uilleim† there, Iain mac Thòmais Riabhaich† in Stron,† Domhnall mac Iain mhic a' Ghille Ghlais† there, Domhnall mac Iain mhic a' Ghobhainn† in Cluny, Eoghann mac Eoghainn,† tailor there, Iain mac Anndra Dhuibh† there, Iain mac Coinnich Ruaidh† in Banchor, Domhnall mac Grasaich† there, Eoghann mac Phàdraig,† miller there, Domhnall mac Alasdair Ruaidh† there, Maol-chalum [mac] Fhionnlaigh mhiv Uilleim† there, Finlay Miller there, Matthew Dempster there, Iain Mór mac Eoghainn Ruaidh† there, Donnchadh mac Iain mhic Dhonnchaidh† in Corrunich, Iain mac Aonghais,† tailor there, Lachlann MacPhersan in Pettinean,† Iain mac Uilleim mhic an Léigh† in Ruthven, Iain Bàn mac Alasdair mhic Uilleim† in Crachiecroy, Lachlann mac Dhomhnaill Bhàin† there, Iain mac Dhomhnaill mhic Néill† there, Donald Grant there, Aonghas Dubh mac Ruairidh† there, Iain Bàn† in Pitgaveny, Aonghas mac Dhonnchaidh† in Gask, Iain mac Codachaidh mac Iain aich Dhuibh† in Crathiemore, Aonghas mac Iain Duibh† there, Iain mac Dhomhnaill mhic Iain† there, Aonghas mac Iain Duibh mhic Aonghais† in Crachiecroy, Iain mac Dhomhnaill mhic Iain† there, Alasdair mac Uilleim mhic Iain mhic Eoghainn† in Blargiemore, Iain mac Aonghais mhic Dhomhnaill Bhàin† in Killurcheir, Domhnall mac Fhionnlaigh,† Iain Dubh mac Dhomhnaill† in Gergask, Maol-chalum mac Phàill mhic Fhearchair† in Blargiemore, Beathan mhic† Iain mhic Eoghainn† in Cluny, Dughall mac Dhomhnaill mhic Iain† there, Aonghas mac Condachaidh† mhic a' Bhleidir† in Gask, Iain mac Iain Bhàin mhic a' Bhleidir† there, Eoghann mac Coinnich Òig† in Garviemore, Domhnall mac Iain mhic Fhionnlaigh† in Tullochronbie, Tòmas mac Uilleim† in Gaskloyn, Alasdair mhic Gille-Chaluim mhic Alasdair† in Blarbiebeg, Duibhne mac Dhonnchaidh mhic Alasdair† there, Maol-chalum mhic† Uilleim mhic Dhughaill† in Isserruand, Iain mac Aonghais mhic Dhomhnaill mhic Néill† in Stramachie, Fionnlagh mac Duibh mhic Fhionnlaigh† in Garviemore, Gilleasbaig mac Iain Duibh mhic Fhionnlaigh† in Garviemore, Iain mac Sheumais mhic Gille-Phàdraig† in Muckle, Eoghann mac Iain mhic Dhomhnaill Duibh† there, Fearchar mac Dhomhnaill mhic Riabhaich† in Fernmore, Alasdair mac Grasaich† in Ferrobeg, Iain [mac] Fhionnlaigh mhic Anndra† in Muidhe, Fionnlagh mac Sheumais Bhàin† there, Iain Dubh mac Fhionnlaigh† in Drunurd, Donnachadh mac a' Ghobhainn,† Eoghann mac Iain mhic Dhomhnaill Duibh† in Muckle, Fionnlagh Òg† in Tullichrombie, Katherine MacPherson, widow of the deceased Alexander MacPherson in Crumbeg, and Angus MacPherson, her son, as heir to the deceased Alexander MacPherson, Iain MacPherson Ruadh,† brother to Dugall MacPherson of Purie, one of the captains, Dughall mac Dhomhnaill mhic Dhomhnaill Duibh† in Pressintrach, Domhnall mac Eoghainn [mhic] Eanraig† there, Uilleam MacCullaich† in Westerrate,† Thomas Given in Pitmain, Aonghas mac Aonghais [mhic] Dhomhnaill Duibh† in Strathrunichar, Malcolm MacPherson in Dunnichenmore, Iain Ruadh mac Mhuirich† in Fermor and Iain mac Aonghais [mhic] Dhomhnaill Duibh† in Aberarder, showing that the forenamed persons, defenders, in the month of June 1649, robbed and destroyed the supplicant and his tenants in the lands of Pluscarden without any order or power from any authority and long after the supplicant had ended his capitulation with Lieutenant General David Leslie, which was approved by the estates of parliament, and was living in a peaceable and quiet manner, whereby the pursuer was harmed in above the sum of £40,000 Scots as the value and price of the goods and others underwritten, in addition to the surplus profits thereof, in manner after mentioned, namely in the first place, there was robbed and away taken violently by the forenamed persons, defenders, upon the first, second, third, fourth and remaining days of June, or one or other, the year of God 1649, of the ground of the lands of Pluscarden, within the sheriffdom of Elgin, pertaining and belonging to the said pursuer, the number of 94 labouring oxen, some black, others branded, brown coloured etc., all of them being about five or six years old, each one of them worth £20 Scots overhead, and which oxen were in the possession of the said pursuer as his own oxen by labouring therewith, herding and grazing of the same by himself, and his servants in his name, upon the ground of the said lands of Pluscarden the time of the said depredation and diverse years, at least months, of before. Item, the surplus profits of the said oxen which they would have been worth to the pursuer if they had not been violently robbed, as said is, by the space of 240 work days in the year, at 3s 4d for the work of each ox per day, extends in the year, for the said whole 94 oxen, to the sum of 5,640 merks thereupon since they were robbed now by the space of eleven years and six months or thereby, to the sum of 64,860 merks money. Item, more robbed and away taken by the said defenders the said day, month and year foresaid from the said pursuer furth of the said lands of Pluscarden, Whiterows and Dollas being in his possession in his herding, and upon his grass in manner foresaid, 113 milk cattle with calves of the colours foresaid, whereof some four or five and some six years old or thereby, estimate each cow with her calf to £20 the piece overhead, extending the price of the said whole cattle to £2,260 Scots. Item, the profits of the said cattle which they would have been worth yearly to the pursuer if they had not been violently robbed, as said is, extending the said profits yearly each cow to the sum of 10 merks Scots thence by the space of eleven years since they were robbed, to the sum of 12,430 merks. Item, more the said cattle would have yielded the profits underwritten, namely each second year a calf for each cow, extending to 113 calves, whereof the second half preserved for store and breeding, and the other calves for sale or slaughter, extending the number of the said sale and slaughter calves by the said space to 600 calves at two merks the piece thence, the sum of 1,200 merks. Item, the other calves preserved for breeding extending to the number of 56 calves, which, within three years after the calving, as use is, would have eisened, and in the fourth year which would have fallen out in the year 1653 would have become milk cattle, and so would have been worth £20 the piece, extending to £1,120. Item, the profits and milkness of the said 56 cows, at 10 merk for each cow yearly, the years 1654, 55, 56, 57, 58, 59 and 60, extending the said profits of the said 56 cattle to the sum of 3,720 merks. Item, the said 56 cattle would have yielded calves every second year for the said space of seven years, whereof the one half being preserved for store and the other half for sale or slaughter, thereupon the said slaughter calves by the said space extending to the number of 100 calves at half a crown the piece, is £150 Scots. Item, the other half preserved for store extending to the number of 28 would have eisened the third year, and so would have been milk cattle, namely the year 1657, worth £20 the piece overhead, extending to £560 Scots. Item, the milkness thereof at 10 merks the piece as above yearly, the years 1657, 58, 59 and 60, extending the said profits to the sum of 920 merks. Item, violently robbed from the said pursuer the said days, month and year foresaid, by the said defenders, from the ground and possession as is above-written, 52 one year old stirks, whereof 20 heifers and 32 oxen stirks, estimated to £4 the piece overhead, extending to £208 Scots. Item, the said twenty heifers would have eisened and been with calve within two years thereafter, and so would have been milk cattle within three years, namely in the year 1652, and so would have been worth £20 the piece, and 10 merks for the milkness for each cow yearly from the said year 1652 to the year 1660, by the space of eight years thereafter, extending the said profits to the sum of 1,600 merks, and also the said stirks within three years thereafter would have been drawing oxen in the year 1652, and then their work would have been worth each ox 3s 4d Scots daily by the space of 240 days in the year, thereupon since the year 1652 by the space of eight years and six months, extends the profits thereof to 15,420 merks. Item, robbed also and violently taken away by the said defenders in manner foresaid from the said ground and possession, the days, month and year foresaid, 69 two year olds, whereof 27 heifers and 42 bull stirks, worth £8 the piece, extends to £552, whereof the profits of the said heifers being milk cattle in the year 1651, accounting the profits at 10 merk for each cow yearly, by the space of nine years and a half since the said depredation, and the said two year old stirks being labouring oxen in the year 1651, and their profits at 3s 4d each day counting as above, extends in the space of nine years and a half to the sum of 26,505 merks. Item, 58 three year olds whereof 17 heifers and 41 stirks worth £16 the piece overhead. Item, the profits of the said heifers being milk cows the year thereafter, namely in the year 1650, and of the said stirks being labouring oxen the said year, and so accounting as above, the profits of the said oxen at 3s 4d per day, and of the said cows at 10 merks the year in manner above-specified, extends to the sum of 26,500 merks. Item, there was also robbed and taken away by the said defenders the time and manner above-specified, from the said ground and possession above-mentioned, 9 English mares bought by the pursuer in England whereof two from Sir Nicolas Tempest, three from Sir Henry Babbington, two from Sir William Cannobie, one from Sir John Penix and one from Ralph Heron, whereof three white, red framed about eight year old, two dapple grey nine year old, one dark grey eight year old, another red, sand coloured white faced eleven year old, one streaked white ten year old and another black eight year old, all for breeding of the best kinds, worth 500 merks Scots the piece, extending to 4,500 merks. Item, the said mares would (if they had been permitted to stay with the pursuer) had yielded the profits underwritten, namely, a foal every year, being nine foals, which at three years old would have been worth fifteen pieces overhead, thereupon in the year 1652, 2,700 merks. Item, the foals in 1653 extend to the like sum and so furth thereafter, since the said depredation, extending to the sum of 8,100 merks. Item, five one year old stags and fillies of the breeding aforesaid worth 200 merks the peace overhead, extending to 1,000 merks Scots. Item, the profits thereof since the year 1651 being now by the space of nine years and a half each horse and mare's work, at 6s 8d the day by the said space, extending to the sum of 8,550 merks. Item, four fillies three years old and two stags three years old, estimated to 200 merks overhead, extending to £800. Item, the profits and work thereof at 6s 8d each day, extending by the said space of ten years and a half to the sum of 7,660 merks. Item, seventeen work horses, black, grey, white and streaked white, all within eight years old, at £40 the piece overhead, extending to £680. Item, the profits of each one of the said work horses at 6s 8d per day extending the said 17 horses to eight merks and a half daily, counting 360 days in the year, and so since the time foresaid of the said depredation being now by the space of eleven years and a half, extending to the sum of 35,190 merks. Item, robbed out of Whytroot, the said time and space in manner above-specified, 162 goats worth 40s Scots the piece, with one buck worth 10 merks, extending to the sum of 496 merks. Item, the profits of the said goats being 162 kids yearly, by the space foresaid, worth 13s 4d the kid, extending the said profits to the sum of 1,340 merks. Item, more robbed from Alexander Murdoch, servitor to the pursuer, from the ground and possession aforesaid, the time and in manner above-mentioned, 4 oxen, about five or six years old. Item, from Robert Proctor and William Cattanach, 4 oxen of the age above-written, worth £20 the piece overhead. Item, the profits of the said eleven oxen counted by the space and in manner above-mentioned, extending to the sum of 9,315 merks. Item, 4 sheep worth 40s the piece, is £8. Item, the wool and slice of each one of the said sheep, estimated to 10s yearly, is 40s Scots, thereupon by the space of eleven years, extending to £22 money foresaid. Item, from James Anderson, also servitor to the pursuer, a milk cow and a calf worth £20 Scots and 10 merks for the profits of the said cow yearly and each year by the space of eleven years and a half, extending to 115 merks money foresaid. Item, from him 54 head of sheep worth 40s the piece, extending to £108 money foresaid. Item, the wool, fleece and milk of the said sheep worth 20s the piece yearly, is £54, thereupon by the said space of eleven years, is £595. And also the said defenders did violently rob and take away, by way of plundering and oppression, without any warrant or shadow of authority, from the said pursuer, his tenants undernamed, the particular goods, oxen, cattle, sheep and others underwritten, of the value and prices after-mentioned, which were upon the ground of the said lands and were in the possession of the said tenants by herding, pasturing and labouring of the said goods, diverse months and years preceding the depredation, each one of the said tenants for their own parts, as is after divided, namely, from Thomas Anderson in Shallin, 9 oxen of four, five and six years olds, 5 milk cattle, 2 mares with foal, a work horse and 44 head of sheep; item, from James Hosack there, 2 mares, 5 oxen, 2 cattle and 36 head of sheep; item, from Ostler Falconer, widow in Forestseat, 13 oxen, 7 milk cattle, 2 work horse and 2 bulls; item, from Robert Baxter, 10 sheep; item, from David Taylor in Inchanock, 1 ox and 2 cattle, with 2 two year old heifers; item, from William Duncan, younger there, 4 oxen and 6 cattle, and 2 year old stirks; item, from William Duncan, elder there, 3 oxen, 6 cattle there, 3 year old heifers; item, from Thomas Glass in Drinkinghill, 9 oxen, 7 cattle with their calves, and 20 head of sheep; item, from John Allan, younger there, 6 oxen, 4 cattle, 40 head of sheep and 2 horses; item, from William Anderson in Westerton, 11 sheep and 2 cattle; item, from Thomas Russell there, 8 head of sheep, 1 cow and 1 calf; item, from James Ogilvie there, 4 oxen of five years old or thereby, 3 work horses of seven years old or thereby; item, from John Gregor there, 40 head of sheep, 6 oxen and 2 work horses; item, from Margaret Inch there, 2 milk cattle; item, from Margaret Petrie, 4 labouring oxen and 20 head of sheep; item, from Margaret Kinmont in Redavie, 6 horses, 10 labouring oxen and 8 milk cattle with 74 sheep and 10 goats; item, from James MacIsaac in Overton, 5 labouring oxen, 6 milk cattle with 4 work horses; item, from John Allan, elder there, 8 oxen, 9 milk cattle, 2 horses and 28 head of sheep; item, from Alexander Russell there, 5 oxen, 6 cattle and 2 horses; item, from Alexander Lay there, 9 labouring oxen and 20 head of sheep; item, from William Russell in Pittendreich, 8 labouring oxen that were then pasturing at grass in the said lands of Pluscarden; item, from James Watson in Easter Alves, 3 oxen and from John Forsyth in Argay, 6 oxen, being in all belonging to the said tenants, 118 oxen, 341 sheep, 73 cattle, 28 horses and mares, five heifers and 10 goats, each one of the said labouring oxen worth £20 the piece overhead, extending to £2,360, each of the said cattle worth £20 the piece overhead, extending to £1,460, and each one of the said horses and mares worth £40, extending to £1,120, each one of the said sheep at 40s the piece, extending to £682, each one of the said bulls worth £20 the piece, the said 2 stirks worth £16, the said 5 heifers worth £12 the piece, is £60, and the said 10 goats worth 40s the piece, is £20, together with the surplus profits of the said bestial and goods according to the rate and reckoning above-written, namely, 3s 4d for each day's work of each one of the said oxen by the space of 240 work days in the year, thereupon the space of the said eleven years and a half, extending to the sum of 92,460 merks, together also with the profits of the said cows, being each two years 73 calves, thereupon by the said space 428 calves at 30s the piece, is £642 money foresaid, together with the milk and profit of the said cattle by the said space at 10 merks per year, extending to 8,030 merks. Item, the profits of the said sheep being for milk and fleece, 20s yearly for each sheep by the said space of eleven years thereupon, the sum of £3,751. Item, the profits of the said horse at half a merk each horse per day thereupon by the said space of eleven years and a half, extending to 50,740 merks. Item, also robbed the said days and year from the said Thomas Anderson in Shallun the insight and plenishing of his house, such as pots, pans, bedding and other household stuff, estimated to £44 Scots. Item, from the said James Hosack his plenishing and household stuff, worth £25 Scots. Item, the said Ostler Falconer her household stuff, worth 100 merks Scots. Item, from the said Robert Baxter 8 ells of plaiding at 12s the ell, is £4 16s. Item, the said Thomas Glass his household plenishing, worth £20 Scots. Item, the said John Allan, younger, his household plenishing, also valued to £20 Scots and a sword worth £8 Scots. Item, the said Margaret Kinmont her insight and plenishing of her house also robbed, as said is, estimated to 300 merks. Item, the said James MacIsaac his plenishing, estimated to £26 Scots, and the said John Allan, elder, his domiciles worth £20 Scots. Item, the said Alexander Russell his domiciles, worth £24, and the said Alexander Lay his domiciles, worth £12 money foresaid. Item, there was also robbed, the time and manner foresaid, from Kenneth MacKenzie in Drinkinghill in the said barony of Pluscarden the particular goods, insight and plenishing underwritten, namely, in the first 1 black ox with a white face being skewered, 1 branded, 1 brown, 1 red and 3 black oxen, all being about eight years old, price of each one of the said oxen overhead, £20 Scots. Item, 2 black oxen of three years old at 20 merks the piece. Item, 2 other young oxen of two years old, 1 brown another in black, worth 16 merks the piece, being in all 13 oxen at 3s 4d or each day's profit of each one of the said oxen, by the space of 240 work days in the year, and so by the space of eleven years and a half since the said depredation, extending to the sum of 8,970 merks. Item, 5 cattle whereof 2 were at the calving, black coloured and 6 years old worth £20 the piece, 3 young cattle of three years old, 1 striped the other 2 black, worth £20 the piece. Item, the profits of the said cows at 10 merks the piece yearly and 5 calves every two years, at £7 10s, extending in the whole to the sum of £337 10s money foresaid. Item, 37 sheep estimated to 40s the piece, is £74. Item, the profits and milkness of each one of the said sheep, lamb and wool overhead, worth 20s yearly, thereupon by the said space of eleven years, extending to £407 money foresaid. Item, 2 horses, one black and another dapple grey, about ten years old, worth £40 the piece. Item, for the daily work and profit thereof at 13s 4d each day since the said depredation now by the space of eleven years and a half, extending yearly to the sum of 360 merks, and so by the said space to 4,140 merks. Item, a white plaid worth £8, with coat and trousers and shoes worth £4 Scots, with four pairs of linen sheets worth £4 the pair, a pair of bed plaids worth £24, 2 coverings worth £4 the piece, and 10 ells of new linen worth 20s the ell. Item, 10 ells of tartan at 30s the ell. Item, 2 suits of clothes belonging to the said Kenneth, one grey suit and another red, worth £100 Scots. Item, 2 gowns with petticoats conforming with wearing linens, worth £100 Scots. Item, 2 English hats, the one black the other grey, worth £10 the piece, with a gold string worth £8. Item, 3 gowns worth £20. Item 3 feather beds, 3 bolsters and 6 pillows worth £20 the piece overhead, is £60. Item, 1 boll of rye at 20 merks and 5 firlots of malt brown in all is £20. And therefore, the said defenders ought and should be decreed to make payment and deliverance to the said pursuer for himself and in name and behalf of his said servants and tenants, of the foresaid horses, mares, oxen, cattle, nolt, sheep, goats, bulls, goods, gear and others above-specified, to the ground and place where the same was as good as they were the time of the said depredation, at the least the values and prices of the same above-rehearsed, together with the increase in profits thereof above-mentioned, extending to the particular sums of money above-specified, in manner as is above libelled, as in the said supplication and libel at length is contained.
Which supplication and libel, with a report to the effect after-mentioned made and given by the lords and other commissioners for hearing of bills and for trade, to whom the said matter was referred, being at length heard, seen and considered by his majesty's commissioner his grace and estates of parliament, and they therewith, being well and ripely advised, his majesty and estates of parliament decrees and ordains the whole persons defenders above-named to make payment and deliverance to the said Thomas MacKenzie of Pluscarden, pursuer, of the sum of £40,000 Scots money to which sum the pursuer has restricted the values and prices of the goods and others libelled and additional profits thereof, deducing always therefrom the sum of £9,600 Scots for which the pursuer has decreet of parliament against Dougall MacPherson of Powrie, as having accession to the said robbery and depredation; because the said lords and other commissioners appointed for trade and bills, to whom the said matter was referred, as said is, having upon 22 February last past, taken the said petition to their consideration, found the same relevant and admitted the libel to the pursuer's probation, and having received, sworn and examined diverse reputable witnesses adduced by the said pursuer for proving thereof, after advising of the libel and depositions of the said witnesses, they found the same fully proven against the whole defenders above-written, as also found the number, prices, values and profits of the said goods proven by the oath of the said pursuer, administered to him conforming to the laws and practice of this kingdom in all such cases of spuilzie, and therefore, conceived that the said whole defenders above-named should be decreed to make payment to the said pursuer of the foresaid sum of £40,000, deducing the sum of £9,600 for which the said pursuer has decreet of parliament against the said Dougall MacPherson as having accession to the said robbery, as said is. Which report, being considered by the said estates of parliament, they approved the same report and gave their decreet in manner above-written, deducing as is before deduced, and ordains letters etc.
[1661/1/233]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to his majesty's commissioner and estates of parliament by Thomas MacKenzie of Pluscarden against Dougall MacPherson of Powrie, showing that the said Dougall MacPherson and his accomplices of his causing, sending, hounding out, command, reset, assistance or approval, having in the month of June 1649 robbed and destroyed the supplicant and his tenants in the lands of Pluscarden, without any order or power from any authority, and long after the supplicant had ended his capitulation with Lieutenant General David Leslie, which was approved by the estates of parliament, and was living in a quiet and peaceable manner, whereby the supplicant was injured in above the sum of £40,000 Scots in addition to the surplus profits, conforming to a large libel pursued before his grace his majesty's commissioner and estates foresaid, against him, the pursuer thereupon, declaring himself to the late committee of estates, did obtain citation against the said Dougall MacPherson, defender, and his accomplices, by virtue whereof they and witnesses used for probation were summoned to compear before his grace and estates foresaid at a certain day now past, but in regard the said bill was brief and general and did not condescend particularly how and what manner the said defender had accession to the said depredation and robbery, the pursuer did thereby condescend that the defender was a principal actor and had a deep accession to, at least was art and part in the said robbery and depredation, and consequently liable and ought and should be judged in payment of the whole prices, profits and damage libelled, in so far as the party that committed the said robbery was led by John MacPherson, the defender's brother, and all of them either of his kin or followers, being Badenoch men and the defender being then governor of Badenoch, by warrant of the pretended unwarrantable committee of estates in the year 1649. Likewise, it is offered to be proven that before the party did attempt the depredation, and after they were convocated, they sent commissioners to Ruthven to the defender who did report to the rest back again from him that they should go on, and that they had order from the said unwarrantable committee of estates, and that he would warrant them for what they were to do. Secondly, after the said robbery was committed, the pursuer did write a letter and sent it to [James Grant], laird of Grant desiring him to stop the robbers going through his country, whereby the whole robbed goods might have been recovered. The said defender came to the laird of Grant himself, and before [John Grant], laird of Moyness did persuade and desire laird of Grant to let them pass and not to trouble them upon his peril, as he would be answerable to the estates, alleging they had order and warrant from the foresaid committee for what they did. Thirdly, after the said robbed goods were carried to Badenoch, the said defender did get his own part thereof, especially 10 milk cattle belonging to the pursuer, which were carried to the defender's lands and were, thereafter, sold by him beside horse, mares, oxen and others, and also caused separate the sheep and goats of the said robbed goods, which were given to him for his expenses and defraying of the charges in law when he and the rest should be pursued, therefore, likewise after the said sheep and goats were expended in law as the defender affirms, he stented and proportioned a further contribution on the rest for the charges and expenses alleging he had paid his part according to the proportion of the said robbed goods received by him. Fourthly, by order and direction from the defender diverse that had goods robbed and were not of the supplicant's tenants but had their goods on the lands of Pluscarden at grass got the same back again, he adding always this (see that they be none of Pluscarden's tenants and that these goods be none of his). Fifthly, the said defender dealt with the rest of the accomplices, that when they were pursued they should conceal his name and accession; in respect of all which the defender ought and should be decreed to make payment of the whole damage, interest and expenses and surplus profits libelled, without prejudice to the pursuer of his pursuit against the rest of the accomplices libelled and given in in roll that were principal actors in the said robbery and depredation, as in the said supplication at length is contained. Which supplication, with a report to the effect after-mentioned made and given in by the lords and other commissioners appointed for trade and hearing of bills, to whom the said matter was referred, together also with a letter sent from his majesty anent the said defender and pursuer, dated 10 April 1661, bearing that in regard his majesty had been informed from his parliament of the state of the process between the said pursuer and defender and that [George Monck], duke of Albemarle had interposed therein and upon submission to his grace by Pluscarden, had decreed the said defender to pay the sum of £800 sterling for his part of the said depredation or, if he refused or declined, that the parliament should proceed to sentence against him for the whole according to law, from which he should not be protected by any remission or any other indemnity passed in his favour, as in the said letter at more length is contained; and this being at length heard, seen and considered by his grace and estates aforesaid, and they therewith, being well and ripely advised, his majesty's commissioner and estates of parliament aforesaid decree and ordain the said Dougall MacPherson, defender, to pay and deliver to the said Thomas MacKenzie of Pluscarden, pursuer, the sum of £800 sterling contained in his majesty's letter aforesaid, for his part of the said depredation, without prejudice to the pursuer of all action competent against the whole remaining persons, accomplices mentioned in the libel and roll thereunto affixed, and against whom the pursuer has a decreet of parliament for the remaining prices of the goods libelled and surplus profits thereof, and in case the said defender shall fail herein, his grace and estates foresaid decree and ordain the said defender to pay and deliver to the said pursuer the whole prices and surplus profits of the goods and others libelled amounting in the whole to the sum of [---]. Because the said lords and others appointed for trade and bills, to whom the said matter was referred, having upon 22 February last past taken the said petition to their consideration, and convened the said Dougall MacPherson, defender, before them, and having seen the capitulation made between the said laird of Pluscarden, pursuer, and the said Lieutenant General David 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 pursuer and to desist from committing the like again, with another letter from the said Lieutenant General Leslie to the said pursuer himself whereby he utterly disclaimed the said robbery and spuilzie, and in regard the said Dougall did suggest no relevant defence for himself why he ought not to be directed 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 not in any way troubled in his person or fortune for any cause whatsoever, to which it was answered for the said pursuer that, albeit there were such instructions and though the said Dougall should produce a remission for all crimes, faults 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 and be of the validity of a discharge of any private debt resting by the said Dougall, whereunto the said remission could never be extensive and this action of spuilzie and depredation being of the nature of a civil debt due to the pursuer and now civilly pursued, the remission could not be understood to prejudge his payment, especially seeing the said depredation and spuilzie being committed in the time of peace after capitulation, and more than a year before the English army entered Scotland. The said commissioners for trade and bills did then admit the said petition and libel to the said pursuer's probation, and having received, sworn and examined diverse reputable witnesses adduced by the said pursuer for proving thereof, after advising of the libel and depositions of the said witnesses, they found the same fully proven in so far as related to the said Dougall's accession to the said spuilzie, and likewise against his brother and remaining defenders above-written, as also found the number, prices, values and profits of the said goods proven by the oath of the said pursuer, administered to him conforming to the laws and practice of this kingdom in all such cases of spuilzie, and therefore conceived that the said Dougall and John MacPherson, and whole remaining persons defenders above-named, should be decreed to make payment to the said pursuer of the foresaid sum of £40,000 Scots money. Which report, with his majesty's letter above-mentioned, being considered by the lord commissioner's grace and estates of parliament, they approved the said report and gave their decreet in manner above-written, and ordains letters etc.
The lord commissioner continues the parliament until Wednesday at 2 o'clock in the afternoon, and all summons as above.