At Edinburgh 22 May 1661

Legislation
Act for denouncing of excommunicated persons

Our sovereign lord, with advice and consent of his estates of parliament, considering the insolence of excommunicated papists and others who slight the dreadful sentence of excommunication to the dishonour of God and obduring of their own hearts, does therefore ratify and approve all acts of parliament and acts of privy council standing before the year 1640 against excommunicated persons, and statutes and ordains that, in time coming, forty days being past after the said sentence of excommunication, letters should be directed at the instance of his majesty's advocate for denouncing all excommunicated persons his majesty's rebels and putting them to the horn, and that by warrant of the lords of privy council or session, which denunciation being used by virtue of the said letters at the market cross of Edinburgh and pier and shore of Leith, is hereby declared to be sufficient against them and for using of caption thereupon and taking of the escheat and liferent of the rebels conforming to the standing laws of this kingdom, providing always that, before the passing of any such letters of denunciation, the whole process and sentence of excommunication is exhibited and produced before the lords of session in session time to the end that they may consider the legality of the process and grounds whereupon the sentence proceeded; and that accordingly they may give forth the said letters of denunciation as they shall think just and reasonable.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act appointing the pursuer of the thief to have the goods stolen from him restored

Our sovereign lord, understanding that when thieves are taken and executed for theft or declared fugitives, their whole estate and the goods stolen also does fall to his majesty and to the lords of regalities and other justiciars pretending right to the said goods stolen; for remedy whereof his majesty, with advice and consent of the estates of parliament, statutes and ordains that any person having goods or gear stolen from him, and having pursued the stealer thereof, shall have his own goods again wherever the same can be apprehended and, where the stolen goods cannot be had, the pursuer of the thief shall have the just value of the goods and gear stolen from him out of the readiest of the thief's goods with the expenses expended by the pursuer, he always pursuing the thief until the sentence, reserving always to the sheriff or other magistrates and taker of the thief the expenses expended by them in the taking and putting of the thief to execution.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act for the pardon of penal statutes

Our sovereign lord, considering that the precise and rigorous exaction of the pain, arbitrary and pecuniary, abjected to penal statutes heretofore made, would prove a burden to his majesty's lieges, heavy and unsupportable if, by his majesty's grace and favour, they should not be eased and liberated of the same; in consideration whereof his majesty, being willing to give ease and relief to his subjects of the foresaid burden, has therefore been graciously pleased, with consent of his estates of parliament, to discharge freely, pardon and remit and, by this act, discharges, freely pardons and remits all contraveners of any of the said penal statutes for all deeds done by them contrary to the tenor of the same statutes in time bygone, except only the statutes concerning the unlawful taking of usury, transporting of silver and gold and slaying of red and black fishes, which are in no way discharged by this present act nor comprehended under the same.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act discharging the quots of testaments

Our sovereign lord, with advice and consent of his estates of parliament, for many weighty considerations moving his majesty, statutes and ordains that no quots of testaments confirmed since 16 November 1641, and to be confirmed in time coming, shall be exacted from any of his majesty's lieges by commissaries, commissary clerks, fiscals and others whom it pertains, without prejudice always of the ordinary fees due to them as is appropriate.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act anent the feuars and vassals of kirklands

Our sovereign lord, with advice and consent of the estates of this present parliament, considering that whereas by the general surrender of kirklands and erections made by the superiors and titulars thereof in favour of his majesty's dearest father, of ever blessed memory, it is specially provided that the said superiors and titulars, notwithstanding their surrender foresaid, shall have right to the feu ferms and duties of the vassals and feuars of the said kirklands and erections, until the king's majesty make payment to them of the prices of the said feu ferms and duties modified by the lords and others of the commission for surrenders and teinds; and also the feuars and vassals of the said kirklands and erections are obliged, by their new infeftments under the great seal, to pay the said feu ferms and duties to the king's majesty and his successors and so against reason may appear to be liable to double payment thereof; it is therefore statute and ordained by his majesty, with consent foresaid, that the said feuars and vassals of kirklands and erections, their heirs and successors, shall be obliged to make thankful payment of the said feu ferms and duties contained in their infeftments; and whereof the said superiors and titulars have been in possession preceding that surrender foresaid, to the said superiors and titulars their heirs and successors, until such time as they get payment of the prices modified by the said lords and others of the commission foresaid, according to the act of parliament of 1633, and that letters of horning and poinding shall be granted to that effect, without prejudice always to his majesty and his successors of the superiority of the said feuars and vassals surrendered in manner foresaid, and without prejudice to them of their infeftments taken to be held of his majesty and his successors, likewise, it is declared that the said feuars and vassals of kirklands and erection have been in good faith in payment of the said feu ferms and duties to the said superiors and titulars of all times bygone, according to the provisions contained in the said general surrender, it is always provided that this act shall not be prejudicial to an act passed by this parliament in favour of the earl of Lauderdale of the lordship of Musselburgh of the date 9 April last.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act concerning the registration of comprisings

Our sovereign lord, with consent of the estates of parliament, considering that the registration of apprisings was only established by an act of secret council and never authorised by any law or act of parliament, and that the registration thereof did put the lieges to unnecessary charges, neither adding to the validity of the apprising nor to the benefit of the comprisers, has therefore discharged and, by this act, discharges all registration of comprisings, with all gifts, acts of council and other warrants and custom whatsoever granted and observed at any time heretofore thereon; and, by this act, ratifies and approves the custom observed these many years past whereby, in place of the said registration, a short record of all comprisings of lands, teinds and others and of the comprisers' names and designations, the defenders' names, the debts for which the comprising is deduced, the messengers' and clerks' names, the date of the executions, the witnesses' names thereto and of the superiors of whom the comprised lands are held, has been made in a book by the clerk of register and his deputes at the allowing of the said apprisings (for which allowance and recording there is only 40s Scots to be paid) and which custom is very usual and necessary for information of all lieges And therefore, his majesty, with advice and consent foresaid, ratifies and approves the foresaid custom and ordains all comprisings formerly deduced and not allowed and recorded in manner above-written, to be brought in to the clerk of register and his deputes within 60 days after publication hereof, and all comprisings to be led and deduced hereafter to be brought in to the said clerk of register and his deputes within 60 days after the date thereof, with certification that, if they be not allowed and recorded within the said space, any other comprising though later in date, yet if it be allowed and recorded before the prior comprising of the same, shall have preference according to the date of the allowance and record, without prejudice always to any further diligence by infeftment or charges against the superior according to the priority or posteriority thereof.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act concerning heritable and moveable bonds

Our sovereign lord, with advice and consent of his estates of parliament, for many just and reasonable causes moving him, statutes and ordains that all contracts and obligations for sums of money payable to parties at any time made and dated since 16 November 1641, or to be made in time coming, containing clauses for payment of annualrent and profit, are and shall be held and interpreted to be moveable bonds, except in those cases following, namely, that they bear an express obligement to infeft, or that they be conceived in favour of heirs and assignees secluding executors, in either of which cases ordains the sums to be heritable and to pertain to the heir, otherwise to be confirmed by the executor and to appertain to the nearest of kin and to the defunct's executors and legators, according to the law and practice of moveables, declaring always that all such bonds concerning finance shall remain in the same condition as they were before the said 16 November 1641, nor to fall under the compass of single escheats, nor shall any part thereof pertain to the widow by law of widowhood, where the bonds are made to the husband, nor to the husband by law of marriage where the bonds are made to the wife, unless the widow or husband have otherwise right and interest thereto, declaring nevertheless that this provision shall in no way prejudge a wife nor husband and their executors of their respective titles and interests to the bygone annualrents of the said bonds due before either of their deaths.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act for the right packing of salmon

Our sovereign lord and estates of parliament, understanding that the salmon fishings are one of the principal benefits whereby trade is maintained and money brought into the kingdom, and that through the evil ordering thereof, both in the insufficiency of the barrels and also in the disloyal packing of the same, not only is the merchants' estates damaged thereby, but also the nation is dishonoured abroad and disappointed of what should return thereby; therefore, our said sovereign lord, with advice and consent of the said estates, ratifies and approves all and sundry acts of parliament, laws and constitutions of this realm made anent salmon fishing, and the sufficiency of the barrels and loyal packing thereof, with this addition, that the whole coopers within this kingdom make the said salmon barrels of good and sufficient new knappel, for which they shall be answerable, without wormholes and white wood, and of sufficient tightness for containing the pickle, and sufficient tightness for enduring all kind of stress in the handling, and that the barrels contain no less than ten gallons of the Stirling pint (conforming to an act of his majesty's council of the date at Holyroodhouse, 15 July 1619, which his majesty, with consent foresaid, ratifies and approves in all the heads, clauses and articles thereof) under the pain of £5 to be paid by the cooper for each insufficient barrel and escheat of the said barrel, and that the same be well pinned in the pickle before the packing; and thereafter, the said barrels to be well tightened and double girthed before the transporting thereof to foreign nations, and that no barrel be sooner made and bloune but the cooper's burnt [mark] is set thereon on the tapon staff thereof in testimony of the sufficiency of the tree, and that every cooper be answerable and liable in payment of such losses as happen to be laid on the fish at the market, if it be found to be in the default of the cooper by the insufficiency of the tree or packing or any other means in the cooper's default, and that they keep right gauge both in the length of the staves, the bilge girth, the wideness of the head and deepness of the chin; the barrel being made, marked and three times gone in the packing shall be marked with the marking thereon under a very particular merchant mark as use is and that no burgh nor any other trading with salmon shall presume to counterfeit the mark or burn of any other trade, under the pain of confiscation of the salmon in addition to the punishment of the parties counterfeiters, at the pleasure of the judge ordinary, and the one half of the said pain to pertain to his majesty, and the other half to the burgh so wronged, and ordains the magistrates within burghs to put this act to execution.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act against clandestine and unlawful marriages

Our sovereign lord and the estates of this present parliament, considering how necessary it is that no marriage be celebrated but according to the laudable order and constitution of this kirk, and by such persons as are by the authority of this kirk warranted to celebrate the same and that, notwithstanding thereof, sundry, either out of disaffection to the religion presently professed within this kingdom, or being desirous to eschew the censures of this kirk, or to satisfy their promise of marriage formerly made to others, or to decline the concurrence and consent of their parents or others having interest, or out of some other unlawful pretext, do procure themselves to be married and are married either in a clandestine way, contrary to the established order of the kirk, or by Jesuits, priests, deposed or suspended ministers or any others not authorised by this kirk; therefore, his majesty, with advice of his said estates, statutes and ordains that whatsoever person or persons shall hereafter marry or procure themselves to be married in a clandestine and inorderly way, or by Jesuits, priests or any others not authorised by this kirk, that they shall be imprisoned for three months, and beside their said imprisonment shall pay: each nobleman £1,000 Scots; each baron and landed gentleman 1,000 merks; each gentleman and burgess £500 and each other person 100 merks, and that they shall remain in prison until such time as they make payment of these respective penalties above-mentioned, which are hereby ordained to be applied to pious uses within the several parishes where the said persons dwell, and that the celebrator of such marriages be banished from the kingdom never to return therein, under the pain of death; likewise his majesty, with advice foresaid, prohibits and discharges all men and women having both their ordinary residence within this kingdom to get married themselves with others within the kingdoms of England or Ireland without proclamation of banns here in Scotland, and against the order and constitution of this church or kingdom, under the pains following namely, for each nobleman so married £1,000; for each landed gentleman 1,000 merks, for each burgess £500, and for each other substantial person 500 merks, for a yeoman £100, for each person of inferior quality 100 merks, the one half of the which penalties shall belong to the king's majesty, the other to the parish or parishes where the married parties did reside, and ordains his majesty's advocate and the procurator of the kirk to pursue before the civil judge the parties contraveners of this act or either part thereof, for payment of the penalties respectively above-mentioned, and in case of the poor condition of any man married in manner foresaid, ordains him to be punished with stocks and irons, which pains corporal and pecuniary shall in no way be prejudicial to or derogate from the order and censures of the kirk to be inflicted against the delinquents.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act concerning apparent heirs their payment of their own and their predecessors' debts

Our sovereign lord, with advice and consent of the estates of parliament, taking into consideration that apparent heirs immediately after their predecessors' death, do frequently convey their estates in whole or in part in prejudice of their predecessors' lawful creditors, before their death come to their knowledge, or before they can do lawful diligence against the said apparent heirs, and which dispositions the said apparent heirs do often make before they are served heirs and infeft, or otherwise by collusion they suffer their predecessors' estates to be comprised or adjudged from them for payment of their own proper debts, real or simulated, without respect to their predecessors' creditors. And his majesty, considering how just it is that every man's own estate should be first liable to his own debt before the debts contracted by the apparent heirs; therefore, his majesty, with consent foresaid, declares that the creditors of the deceased shall be preferred to the creditors of the apparent heir in time coming, as to the defunct's estate; providing always that the defunct's creditors do diligence against the apparent heir and the real estate belonging to the deceased within the space of three years after the defunct's death; and because it is most unreasonable that the apparent heir, when he is served and retoured heir and infeft respectively, should for the full space of three years be bound up from making rights and alienations of his predecessor's estate, and yet it being as unreasonable that he should transfer thereupon immediately or shortly after his predecessor's death in prejudice of his predecessor's creditors, he having year and a day to advise whether he will enter heir or not, therefore it is hereby declared that no right or disposition made by the said apparent heir, in so far as may prejudge his predecessor's creditors, shall be valid unless it be made granted a full year after the defunct's death.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act anent the redemption of lands from fiars

Our sovereign lord, considering that infeftments of fee have been in use to be and are daily granted by parents and others to their eldest sons and other near relations, reserving their own liferents and under reversion and with power to them and their assignees to redeem the lands and others contained in the said infeftments from the said persons to whom the fee is granted, at any time during the lifetime of the granters for payment of a rose noble or some such like sum, and sometimes through the informality and unskilfulness of notaries and others, writers of such writs and rights, mention is not made in the said reversions of the heirs and assignees of the receivers of the said rights, and that they should be redeemable from them and their foresaids; therefore, his majesty, with advice and consent of the estates of parliament, for removing and preventing all questions that have been or may arise upon the occasion foresaid, does declare, statute and ordain that in all cases where any infeftment of fee has been already granted, or shall be granted at any time hereafter, bearing or affected with a reversion clause, provision or condition of reversion, and power to any person and his assignees during his lifetime to redeem from the persons to whom the fee is granted, it was and shall be lawful to the said person and his assignees, during the time foresaid, to redeem the lands and others contained in the said fee infeftments, not only from the said fiar himself but from his heirs and assignees though they be not expressed, unless it be expressly provided that it shall be lawful only to redeem from the fiar himself and not from his heirs, and it is ordained that in all such cases the lords of session and other judges shall proceed and determine conforming to this act.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act rescinding Sir Robert Spottiswood's forfeiture

The king's majesty, taking to his consideration the many good and faithful services done to his majesty's royal grandfather and father, of ever blessed memory, by the deceased Sir Robert Spottiswood of New Abbey in his employments as one of the secret council, as lord of the session and thereafter president thereof, and lastly as secretary for Scotland to his majesty's said royal father, and that the said Sir Robert Spottiswood, for his loyalty and faithfulness, being forced to flee out of this kingdom, did, amidst all the confusions in England, constantly attend upon his majesty's royal father's person in the greatest difficulties, and being thereafter sent into Scotland by his majesty's said royal father's special command with a commission directed to the late [James Graham], marquis of Montrose, did perform his royal commands in the times of greatest danger, hazarding his life and fortune and leaving all to the mercy of his enemies, for the which his faithful service he was forfeited and inhumanely murdered; and his majesty, conceiving himself bound in honour and conscience to have regard to the sufferings of the said Sir Robert, does therefore, with advice and consent of his estates of parliament, retreat and annul all and whatsoever sentences of forfeiture given against the said Sir Robert in the year 1646 with all interlocutors, sentences or decreets of parliament or committee of estates, or any other judicatory in any way relating thereto, and declares the same to have been from the beginning and to be now and in all time coming null and of no avail, force nor effect, to the end that Mr Alexander Spottiswood, eldest son to the said deceased Sir Robert, and all others of his heirs and executors, may enjoy, bruik and possess all and whatsoever lands pertaining or belonging or which may be known to have pertained and belonged to the said deceased Sir Robert, or any other of his predecessors, and that the said Mr Alexander Spottiswood, or any other of the heirs or executors of the said Sir Robert or his predecessors, may be served and retoured heirs of line male or tailzie respectively, and may be infeft as heirs respectively foresaid, and that they may be confirmed executors to them also as if the said forfeiture had never been and this present act to be valid, any act or statute to the contrary notwithstanding.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act rescinding Colonel McGillespick and MacDonald, his son, their forfeiture

Our sovereign lord, taking to consideration that Archibald MacDonald of the isles of Colonsay and Oronsay was killed in his majesty's service and that Colonel MacGillespick, his father, was put to a violent death at Dunstaffnage for his faithful and constant adherence to and serving of his majesty's dearest father, of glorious memory, in those late troubles, and that the said deceased Colonel MacGillespick and the said deceased Archibald McDonald, his son, were forfeited and at the least dispossessed of their whole estate in the year 164[...] for their good and faithful service done to their dread sovereign by joining and concurring in arms with [James Graham], marquis of Montrose for asserting his majesty's just authority and opposing the enemies and invaders thereof, which estate has ever since the death of the said Colonel MacGillespick and Archibald MacDonald, his son, who were put to death and killed in the year 16[...], been bruiked and enjoyed by the marquis of Argyll and Iain mac Alasdair Ruaidh or others to whom they have made over the same, by which and their debarring of Sarah MacDonald, only lawful daughter and apparent heir to the said deceased Archibald MacDonald and grand-daughter and apparent heir to the said Colonel MacGillespick from the said estate ever since their decease, and her suffering thereby, she has been reduced to great extremities and hardships and as yet continues so; and his majesty, being sensible thereof and how far it does concern his honour that all and every such decreet and sentence of forfeiture pronounced by parliament, convention, committee of estates or justice court, and all acts, interlocutors and others relating thereto preceding the date hereof, are reduced as unwarrantably and illegally pronounced upon most unjust grounds, and that the said Sarah MacDonald, as only daughter and apparent heir to her said father and grand-daughter and apparent heir to her said grandfather, be restored and possessed of the said estate and isles of Colonsay and Oronsay with the pertinents, notwithstanding of any such sentence, decreet or interlocutor, as said is; therefore, his majesty, with advice and consent of his estates of parliament, casses, annuls, declares and decrees all and every such sentence or decreet of forfeiture pronounced by parliament, convention, committee of estates or justice court, and all acts, interlocutors or others relating thereto against the said Colonel MacGillespick and Archibald MacDonald, his son, and all acts and deeds done and passed thereupon in prejudice of the said Sarah MacDonald, their apparent heir, preceding the date hereof, to have been from the beginning, to be now and in all time coming null, void and of no strength, force nor effect, as if the same had never been pronounced, and that it shall be lawful to the said Sarah MacDonald to serve herself and enter heir to the said deceased Archibald MacDonald, her father, or the said Colonel MacGillespick, her grandfather, or any of her predecessors in the said estate or any other estate wherein they or any of them died infeft, and to bruik and enjoy all freedoms and immunities as if the said sentences or acts had never been pronounced or made, and to enter to the peaceable possession of the said estate immediately without any let, obstacle or gainsaying.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Act rescinding [Archibald] MacDonald of Sanday's forfeiture

Our sovereign lord, taking to consideration that Archibald MacDonald of Sanday was violently put to death at Dunaverty for his faithful and constant adherence to and serving of his majesty's dearest father, of glorious memory, during the late troubles and that [...] MacDonald, his son, did faithfully serve his majesty by joining and concurring in arms with [James Graham], marquis of Montrose for asserting his majesty's just authority and opposing the enemies and invaders thereof, and that the said Archibald MacDonald and [...] MacDonald, his son, were forfeited and at the least dispossessed of their whole estate in the year 164[...] for their good and faithful service done to their dread sovereign, which estate has, ever since the death of the said late Archibald MacDonald who was put to death in the year 16[...], been bruiked and enjoyed by the marquis of Argyll and Alexander MacNaughton of Dunderawe, or others to whom they have made over or set the same, by which and their debarring of Christian Stewart, widow of the said late Archibald MacDonald, from her liferent of so much of the said estate as she stands infeft in, and by debarring of Ronald MacDonald, son to the said [...] MacDonald and grand-son and apparent heir to the said deceased Archibald MacDonald, from the possession of the remainder of the said estate wherein the said Christian is not infeft since their deaths, and thereby have been reduced to great extremities and hardships, and as yet continues so; and his majesty, being sensible thereof and how far it does concern his majesty's honour that all and every such decreet and sentence of forfeiture pronounced by parliament, convention, committee of estates or justice courts, and all acts, interlocutors or others relating thereto preceding the date hereof, are reduced as unwarrantably and illegally pronounced upon most unjust grounds, and that the said Christian Stewart, widow of the said late Archibald MacDonald, and the said Ronald MacDonald, his grand-son and apparent heir, be restored and possessed in the said estate conforming to their respective rights thereof, notwithstanding any such sentence, decreet or interlocutor, as said is; therefore, his majesty, with advice and consent of his estates of parliament, casses, annuls, declares and decrees all and every such sentence or decreet of forfeiture pronounced by parliament, convention, committee of estates or justice court, and all acts, interlocutors and others relating thereto against the said deceased Archibald and [...] MacDonald, or any deed done in prejudice of the said Christian Stewart or Ronald MacDonald preceding the date hereof, to have been from the beginning, to be now and in all time coming null, void and of no strength, force nor effect, as if the same had never been pronounced, and that it shall be lawful to the said Christian Stewart, widow of the said deceased Archibald MacDonald, presently to enter to the peaceable possession of so much of the said estate as she stands infeft in, and that it shall also be lawful to the said Ronald MacDonald to serve himself heir to the said deceased Archibald MacDonald, his grandfather, or to the said [...] MacDonald, his father, or any of his predecessors in the said estate, or any other estate wherein they or any of them died infeft, and to enter presently to the possession of the same, and bruik and enjoy all freedoms, privileges and immunities thereto belonging as if the said sentence or acts had never been pronounced or made, without any stop or gainsaying.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Warrant
Anent the minthouse

The lord commissioner and estates of parliament do hereby give warrant and power to Charles Maitland [of Hatton], general of his majesty's mint, to search for and inquire after where he can find any of the tools or work looms belonging to the coin house, and to cause fence and arrest the same, seize upon them and carry them to the coinhouse for his majesty's use.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Procedure: commissions for judging witchcraft

Commission for judging of Bessie Fowler, widow in Fisherrow, Agnes Paterson, Katherine Cruikshank, spouse to [...], and Janet Douglas, spouse to Thomas Paterson, accused of being guilty of witchcraft, as their depositions under the hands of Mr Oliver Colt, minister, Robert Strachan and Robert Douglas, bailies of Musselburgh, bears etc., to Sir William Murray of Newton, Sir James Richardson of Smeaton, Robert Dobie of Stainyhill, Mr John Preston, Major John Biggar, William Rigg of Carberry, John Jossie of Westpans, Thomas Smyth, Robert Ramage and the bailies of Musselburgh, or any five of them, the bailies being always two etc., the form of the commission is registered upon 3 May instant.

The like commission against Janet Gray, spouse to John Glorrat, and Agnes Aird, spouse to David Bald in Preston, their confessions being under the hands of commissioners appointed by the parliament for causing apprehend such as were accused within the parish of Salt Preston etc., to Robert Cockburn of Butterdean, John Hamilton of Fa'side, John MacMorran in Preston, George Hepburn of Addiston, Ninian Henderson in Preston, Mr Andrew Rutherford, schoolmaster in the Pans, Thomas Home and Alexander Henderson, bailies there, and James Jollie there, or any five of them etc.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Procedure: commission
Commission to [James Livingstone], earl of Callander

Our sovereign lord, with consent of the estates of parliament, taking to consideration a supplication given in by the magistrates of the burgh of Stirling, showing that by order of the late committee of estates George MacGregor, Donald Stewart, John MacCoul and Helen Smart were committed to prison within the tolbooth of the said burgh for certain crimes and insolencies allegedly committed by them, and that the said burgh was at great trouble and expenses in maintaining and keeping the said persons, they being poor and having nothing wherewith they might entertain themselves, do therefore give full power and commission to James, earl of Callander, sheriff principal of the sheriffdom of Stirling, or his deputes, to put the prisoners above-named to a legal trial, and to execution according to justice and to cite and examine witnesses, and do all other things necessary, as in such cases is appropriate.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back
Warrant: vacant stipends

Warrant and precept to Mr John Wilkie, collector of the vacant stipends, for payment to some suffering ministers for their loyalty of certain sums of money as the warrants bear, namely, to Mr James Hamilton, minister at Cambusnethan, £100 sterling, to Mr Samuel Walker, sometime minister at Monkeigie, £100 Scots and to Mr George Buchanan, minister at Moffat, £100 sterling.

  1. NAS. PA2/27, f.1. Back
  2. NAS. PA2/27, f.1v. Back
  3. NAS. PA2/27, f.1v. Back
  4. NAS. PA2/27, f.1v. Back
  5. NAS. PA2/27, f.2. Back
  6. NAS. PA2/27, f.2-2v. Back
  7. 'as by law.' added in printed acts NAS, GA12/05, Tyler, p.51. Back
  8. NAS. PA2/27, f.2v. Back
  9. NAS. PA2/27, f.3. Back
  10. Meaning of this word not clear. Back
  11. Could mean 'built' or size of lower barrel, as in the lower part of ship's hull. Back
  12. NAS. PA2/27, f.3-3v. Back
  13. NAS. PA2/27, f.3v-4. Back
  14. This act has also been inserted under its proper date of 15 March 1661, its repetition in the record at this point a clear error in the register. See PA2/26, 88-89 (1661/1/118). Back
  15. NAS. PA2/27, f.4. Back
  16. NAS. PA2/27, f.4v. Back
  17. 'rescind' inserted in APS. Back
  18. 'acts' inserted in APS. Back
  19. '(hereditaments, possessions, goods, gear and others whatsoever)' inserted in APS. Back
  20. NAS. PA2/27, f.4v-5. Back
  21. Appears to be Anglicised form but in Gaelic would be 'son of the bishop'. Back
  22. Iain, son of red-haired Alasdair. Back
  23. NAS. PA2/27, f.5-5v. Back
  24. NAS. PA2/27, f.5v. Back
  25. NAS. PA2/27, f.6. Back
  26. 'Ninian Reid there, William Robertson, bailie in Salt Preston, John Hamilton, bailie in Preston' inserted in APS. Back
  27. NAS. PA2/27, f.6. Back
  28. 'Gregor' in APS. Back
  29. NAS. PA2/27, f.6. Back