[1661/1/404]*[print] [email] [cite] [preceding] [following]
The lord commissioner produced the warrant underwritten, superscribed by his majesty, which, being read in open parliament, was appointed to be recorded in the books of parliament, whereof the tenor follows.
Charles Rex,
Whereas we do understand that for some years past the ordinary fees and stipends due and in use to be paid to some of the masters of the new college in our university of St Andrews have been vacant and remain unuplifted and not paid through the vacancy of the places of those masters, and being willing to give all encouragement for the flourishing of the said college, our will and pleasure is that the said vacant stipends be employed for the help of the fabric and other good advantages of the said college and we do hereby empower and give warrant to the present masters of the said college, Dr Alexander Colville and Dr James Sharp, of whose fidelity we are confident, forthwith to uplift and receive, or cause to be uplifted and received, the said vacant fees and stipends, and to employ the same to the uses above-mentioned, and such other necessary uses as they shall judge most fit for the good of the said college, for which these shall be to them a sufficient warrant, any order or warrant to the contrary hereof whatsoever notwithstanding.
Given at our court at Whitehall, 1 May in the year of God 1661, and of our reign the 13th year. Signed, by his majesty's command, [John Maitland, earl of] Lauderdale.
[1661/1/405]*[print] [email] [cite] [preceding] [following]
The king's most excellent majesty, taking to his royal consideration the great sufferings of many of his good subjects of this his ancient kingdom for their loyalty and affection to the royal interest, and particularly that the estates and rents belonging to James [Hamilton], duke of Hamilton, William [Douglas], duke of Hamilton, John [Lindsay], earl of Crawford, James [Livingstone], earl of Callander, William [Keith], earl Marischal, [Alexander Erskine], earl of Kellie, John [Maitland], earl of Lauderdale, John [Campbell], earl of Loudoun, [Kenneth MacKenzie], earl of Seaforth, [John Murray], earl of Atholl, [Robert Gordon], viscount of Kenmure, [Archibald Campbell], lord Lorne, [Alexander Montgomery], lord Montgomery, [George Lindsay], lord Spynie, [John Cranston], lord Cranston, [John Sinclair], lord Sinclair, Thomas Dalzell, John [Middleton], earl of Middleton, [James Livingstone], earl of Newburgh, [John Hamilton], lord Bargany, Sir Thomas Thomson, James Edmistoun, [Archibald Napier], lord Napier, William [Cunningham], earl of Glencairn were, by the late usurpers, forfeited, sequestrated and seized on whereby these persons were not only disabled to satisfy the just interest of their creditors, but for the time were deprived of the ordinary means of livelihood for themselves or their families and that, therefore, the difference does now occur between them and their creditors concerning the payment of the annualrents due in those years in which their rents were seized or sequestrated, and this being of very great importance and deserving serious consideration, his majesty has thought fit to continue the full decision and determination thereof to the next session of this parliament, and for the better clearing of the same and all questions that may arise thereupon, his majesty, with advice and consent of the estates of parliament, does hereby give full power and commission, express bidding and charge to John [Leslie], earl of Rothes, president of his majesty's privy council, John [Hay], earl of Tweeddale, Sir John Gilmour [of Craigmillar], president of the session, Sir George MacKenzie of Tarbat, Sir James Lockhart of Lee, Sir Archibald Stirling of Garden, Sir James Dalrymple of Stair, Sir Robert Murray [of Cameron], Sir Andrew Ramsay, Sir William Thomson and such of the officers of estate as are not above-named and concerned in this act, to receive from the persons above-named, or any in their names, such papers, proofs or evidents as they shall offer for clearing the sequestration, forfeiture and loss of their rents, and of all such bygone arrears of rents as were sequestrated and uplifted from any of the said persons out of their lands and teinds for the years preceding their said forfeitures; as also, to hear such creditors as shall make application to them and what they shall offer upon the said matter, or for instructing what benefit or share the foresaid persons, or any in their name or to their behoof, had of their rents or goods during that time; with power also to the said commissioners to call before them, under the pain of horning, all such persons who had any hand or employment concerning these forfeitures or sequestrations, and all other persons who gave information therein and to examine them thereupon and cause them produce all such books, papers or accounts which may give any clearness in this matter; with power and order to them according, as after trial they shall find, the time that any of the said persons had their rents forfeited and sequestrated from them, to suspend all execution for annualrent of any bonds granted by them or pensions not exceeding eight years to any of them. And in the meantime, until and during the sitting of this commission, his majesty, with advice foresaid, suspends all execution for annualrents of any of the bonds and pensions aforementioned from the year 1650 to the year 1658, and declares that any suspension to be granted by the said commissioners, by virtue hereof, shall stand in force until the next session of parliament determines therein, and generally with power to the said commissioners to do everything which may conduce to the prosecution of this commission and ends thereof, and which shall be consistent with the laws of the kingdom. And it is appointed that the first meeting of the commissioners shall be in the beginning of November, and the commission to endure until 1 March next, in which time they are to perfect and end the trust hereby committed to them, and to set down a formal report under their hands what they find in the whole business, and as to each of the particular persons above-named to the next session of parliament, and whoever of the foresaid persons shall not in due time make their applications to the said commissioners, they are not thereafter to be heard or considered as to any ease of annualrents, but the law is to have its due course against them. And it is declared that nothing to be done hereupon shall prejudge any creditor of the foresaid persons of any annualrents they have received during these ten years by virtue of any voluntary transaction, nor any other voluntary transaction or condition between them.
[1661/1/406]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the honourable commissioners appointed for bills by Lauchlan MacIntosh of Torcastle against Ewan Cameron, now of Lochiel, showing that the said supplicant and his predecessors, lairds of MacIntosh, being for many ages heritable proprietors of the lands of Glenluie and Locherkage in Lochaber, were continually troubled in the possession thereof by the Clan Cameron who are well-known to have been from the beginning, and continues still, a most rebellious and lawless people, given to depredations, thefts and oppressions, for remedy whereof the deceased Sir Lauchlan MacIntosh, grandfather to the supplicant (being heritable stewart and bailie of the lordship of Lochaber) went in the year 1616 to Lochaber to hold courts and, in a hostile manner, was resisted and pursued for his life by Allan Cameron of Lochiel (chieftain of the said clan) so that the lords of secret council, knowing the barbarity and lawlessness of that people after that matter was sufficiently proven and cleared before them, and decreet given thereupon, they issued letters charging the said Allan to enter his person in ward and thereafter, upon his contempt, issued letters of intercommuning with an ample commission of fire and sword against the said Allan and his clan, as the same at length bears. And at last John Cameron, son to the said Allan, was apprehended and put in ward in the tolbooth of Edinburgh until he should find sufficient caution to keep the laird of MacIntosh and his tenants harmless and without damage in the peaceable possession of the said lands of Glenluie and Loch Arkaig, where he remained for the space of three years until the said Sir Lauchlan, the supplicant's grandfather, died and then was released by the laird of Grant who pretended to be the supplicant's father's tutor, and the said John Campbell,† resolving to keep the laird of MacIntosh in continual trouble and vexation, did take assignation to a right of wadset of the said lands from the laird of Grant in the year 1635, and in the year 1637, there said supplicant's deceased father having consigned in the hands of the provost of Inverness the sum specified in the said wadset, did in the year 1639 obtain a declarator of redemption against the said Ewan Cameron, now of Lochiel, in the court of appeal, and the money of the wadset was given up and delivered by the said provost of Inverness to Donald Cameron, tutor of Lochiel (as his discharge thereof bears) and therefore, the said supplicant's said father obtained a decreet of removing before the lords of council and session against the said Ewan and his tenants possessors of the said lands, and thereupon caused charge and denounce them to the horn (whereat as yet they lie unrelaxed) and in the year 1648, having declared himself to the parliament they, for his furtherance to the possession of the said lands, appointed him by act of parliament governor of Inverlochy (which act was thereafter rescinded in the year 1649) so that the said Ewan Cameron and his kin and followers, taking advantage of the times, have since Whitsunday [5 June] 1637 masterfully and in high contempt of his majesty's laws, kept the possession of the said lands and resolved never to quit the same unless authority and force compel him, whereby his majesty and estates of parliament might evidently perceive that the said Ewan Cameron and his predecessors and followers have been always a lawless and rebellious people, and that they most unjustly have wronged and oppressed the supplicant's predecessors, and especially his said deceased father who, during the space of 24 years now past, has been without the profit of his money and possession of his lands, and thereby his said father in his own time and now the said supplicant and remaining children are reduced to a very hard condition, having little or nothing to live upon, the rest of his lands being liferented by his mother; and therefore, craving that warrant might be granted for warning of the said Ewan Cameron to compear before his majesty's commissioner's grace and estates of parliament at a certain day to hear and see him decreed to put the said Lauchlan MacIntosh, supplicant, in the peaceable, actual and corporal possession of the foresaid lands of Glenluie and Loch Arkaig, and to deprive himself in all suitable ways and to find sufficient caution that the said supplicant, his tenants and servants shall be harmless and without damage in the peaceable possession of the said lands in time coming, under such pains as our said sovereign lord's commissioner his grace and estates of parliament should ordain, as at more length is contained in the said supplication. Which supplication, being read in presence of the commissioners of parliament appointed for bills, the said Lauchlan MacIntosh, supplicant, compearing personally with Mr George MacKenzie, advocate, his procurator, who, for verifying of the said petition or libel, produced in their presence an instrument of sasine of the date 9 March 1621, proceeding upon a precept directed furth of the chancellery of the date 6 February 1621, bearing Anna Grant, spouse to the said deceased Lauchlan MacIntosh of Torcastle, to be infeft in liferent during all the days of her lifetime, and William MacIntosh, his son, in all and whole the town and lands of Glenluie and Loch Arkaig, and certain other lands specified therein, which sasine is under the sign and subscription of John Grant, notary public, and registered in the register of sasines at Inverness, 13 April 1621, by William Lauder, then keeper of the said register; with a decreet obtained before the lords of secret council at the instance of Sir William Oliphant of Newton, knight, his majesty's advocate for his highness's interest, and Lauchlan MacIntosh of Dunachton, heritable bailie and stewart of the lordship and stewartry of Lochaber, against the said deceased Allan Cameron of Lochiel, and certain other persons specified therein, of the date 10 June 1617, whereby the lords of secret council found that in the month of July 1616 the said Allan Cameron, and certain other persons his accomplices, convocated and assembled together to the number of 200 men equipped in fear of war, with unlawful weapons to stop and impede the said Lauchlan MacIntosh of Dunachton from holding of courts within the said lordship of Lochaber, and that they shot a number of muskets and hagbuts at the said Lauchlan and his company, and prevented him from holding of the said court, and that thereby they committed a very great insolence and contempt to the breach of his majesty's peace and violated his highness's laws and acts of parliament made against the convocation of his majesty's lieges and their wearing of hagbuts and pistols, and therefore, ordained letters to be directed charging the said Allan Cameron of Lochiel, and remaining other persons, defenders, to pass and enter their persons within the tolbooth of Edinburgh therein to remain upon their own expenses until such time as order were taken with them for the said insolence, as appropriate, within fifteen days next after the charge to be given to them, under the pain of rebellion and putting them to the horn. Which letters of horning raised upon the said decreet and executions of horning and denunciation following thereupon, registered in the books of the general register of hornings and inhibitions upon 30 July 1617, together with a commission granted by our late sovereign lord, King James VI, of blessed memory, to Archibald [Campbell], earl of Argyll, William [Murray], earl of Tullibardine, Ewan [MacKenzie], lord Kintail and certain other persons to convocate his majesty's lieges in arms for taking and apprehending of the said Allan Cameron of Lochiel, and other persons contained in the said decreet, at the instance of the said Lauchlan MacIntosh of Dunachton, and putting of them in sure firmance and captivity until such time as order was taken with them, which commission is dated 27 July 1617. Item, a decreet of removing obtained before the lords of council and session at the instance of the said Lauchlan MacIntosh of Dunachton against the said Allan Cameron and certain other persons contained therein, of the date 27 November 1616, decreeing and ordaining the said Allan Cameron of Lochiel to flit and remove himself, his wife, bairns, servants, family, subtenants, cotters, goods and gear furth and from the town and lands of Glenluie and Loch Arkaig, with parts, pendicles and pertinents, lying within the lordship of Lochaber and sheriffdom of Inverness, and to desist and cease therefrom and leave the same void and clear, to the effect the said Lauchlan MacIntosh, supplicant, his men, tenants and servants might enter thereto peaceably, bruik, enjoy, occupy, labour, manure, set, use and make over thereupon as his heritage at his pleasure, with letters of horning raised thereupon and executions of the same following thereon, registered in the sheriff court books of Inverness, upon 1 March 1617, with other letters of horning raised upon the said horning at the instance of the said Lauchlan MacIntosh, designed therein Sir Lauchlan MacIntosh of Torcastle, knight, for charging the sheriff of Inverness and his deputes within whose bounds and jurisdiction the said lands of Glenluie and Loch Arkaig lie for electing and outputting of the said Allan Cameron of Lochiel and remaining other persons contained in the said decreet of removing, furth of the said lands, houses, biggings, yards etc., so far as they occupy thereof, and to hold him furth thereof and to enter the said Sir Lauchlan MacIntosh to the peaceable possession thereof, keep, maintain and defend him therein, which letters of horning are dated 2 August 1617. Item, letters of publication and proclamation at the instance of the said Sir William Oliphant of Newton, knight, and Lauchlan MacIntosh commanding, charging and inhibiting all and sundry the lieges and subjects of this realm that none of them presume nor take upon hand to reset, supply and intercommune with the said Allan Cameron of Lochiel, and remaining other persons contained in the said decreet obtained at the instance of the said Lauchlan MacIntosh before the lords of secret council, their wives nor bairns, furnish them meat, drink, house, harbour nor any other thing comfortable and necessary to them, have intelligence with them, privately or publicly, directly nor indirectly by word, writ nor message, nor furnish nor sell to them any kind of victual, arms, powder or ball, nor take their goods nor gear in keeping, which letters of publication are under the signet of the secret council, and dated 31 July 1617. Item, decreet of declarator of redemption obtained at the instance of William MacIntosh of Torcastle against Ewan Cameron, son and apparent heir to the deceased John Cameron of Lochiel, and Donald Cameron, his tutor, James Grant, now of Freuchie, son and heir to Sir John Grant of Freuchie, before the lords of council and session upon 5 March 1639, decreeing and ordaining the towns and lands of Glenluie, Loch Arkaig and others contained in the said decreet, which were wadset to the said laird of Freuchie, to be duly, orderly and lawfully released, removed and redeemed from Ewan Cameron, son and apparent heir of the deceased John Cameron, fiar of Lochiel, and that it should be rightful to the said William MacIntosh, his heirs and assignees, to have full and free regress, access and ingress again to the same lands, and he to renounce and give over the same, with all right, title, interest, claim, kindness, property and possession he has or may pretend thereto, in favour of the said William MacIntosh, and that in respect of the said William MacIntosh's consignation of the sum of 18,000 merks in the hands of James Cuthbert of Drakies, then provost of Inverness, conforming to a contract of wadset passed between the deceased John Grant of Freuchie and Sir Lauchlan MacIntosh of Torcastle, knight, on the one and other parts, dated 12 January 1621. Item, an order of redemption used by the said William MacIntosh of the said lands with letters of horning raised upon the said decreet of declarator and executions thereof, registered in the sheriff court books of Inverness, upon 22 November 1639. Item, the extract of the tutory of Donald Cameron, lawful brother to the deceased John Cameron, fiar of Lochiel, bearing him to be served tutor to Ewan Cameron, son lawful to the said deceased John Cameron, before the sheriff of Inverness, dated 14 March 1637. Item, the extract of the discharge granted by Donald Cameron, tutor of law served to Ewan Cameron, son lawful and apparent heir to the deceased John Cameron, fiar of Lochiel, to James Cuthbert of Drakies of the said sum of 18,000 merks, which was consigned in his hands, in manner foresaid, for redemption of the foresaid lands, dated at Inveraray, 6 February 1640 and registered in the books of council and session upon 9 May the same year, under the signature and subscription of Sir Archibald Primrose [of Carrington], clerk of register, then clerk of the secret council. Item, a decreet of removing obtained before the lords of council and session at the instance of the said William MacIntosh of Torcastle against the said Ewan Cameron of Lochiel, Donald Cameron, tutor of Lochiel, and certain other persons contained therein, of the date 27 July 1647, decreeing and ordaining them to remove from the lands of Tharoch, Musrolich and certain other lands specified in the same decreet, lying within the lordship of Lochaber and sheriffdom of Inverness, to the effect the said William MacIntosh might enter thereto, with letters of horning raised upon the immediate decreet in the year 1647, and thereafter new letters raised on the same which were executed against the said Ewan Cameron and Donald Cameron, his tutor, and remaining tenants, and is registered at Inverness, 20 February 1655. And the said Ewan Cameron, now of Lochiel, defender, compearing also personally with Masters William Maxwell and James Chalmers, advocates, his procurators, who produced the extract of a decreet obtained at the instance of the said William MacIntosh of Torcastle against the said Ewan Cameron of Lochiel, Donald Cameron, tutor of Lochiel, and certain other persons before the sheriff of Inverness and his deputes, of the date 5 June 1655, decreeing them to make payment to the said William of the whole mails, ferms, kanes, customs, casualties and other duties of the lands foresaid, and others particularly expressed in the said decreet yearly the years mentioned therein, and which decreet is given in absence. Item, a summons of reduction raised at the instance of the said Ewan against William MacIntosh for reducing of the foresaid decreet for mails and duties, and other decreets obtained before the said lords of council and session, with the executions of the said summons and with a suspension of the foresaid decreet obtained for mails and duties before the sheriff of Inverness, and executions of the said suspension.
Which petition above-mentioned, with the foresaid sasine, decreets, commission, letters and other writs foresaid produced for the part of the said supplicant, for instructing thereof, and decreet, summons of reduction and letters of suspension also above-mentioned, produced for the part of the said Ewan Cameron, defender, together with the report of the said commissioners of parliament appointed for bills, and with the defences, answers, duply and triply after-mentioned, argued and given in by either of the said parties henceforth against others, being all heard, seen and considered by the said estates of parliament, and they therewith, being well and ripely advised, his majesty, with advice and consent of the said estates of parliament, decrees and ordains the said Ewan Cameron, defender, to repossess the said Lauchlan MacIntosh, supplicant, in the foresaid lands of Glenluie and Loch Arkaig and pertinents thereof, and for that effect to put him in the peaceable, actual and corporal possession of the same, and to deprive himself thereof in all suitable ways in favour of the said Lauchlan MacIntosh, supplicant; and also, the said Ewan Cameron, defender, to find presently sufficient caution to the clerk of register or his deputes that he shall in no way trouble nor molest the said Lauchlan MacIntosh, or his tenants, in the possession of the foresaid lands, and that under the pain of 20,000 merks.
Because the time of the dispute in the said matter it was alleged by the said Mr William Maxwell and James Chalmers, procurators foresaid, for the said Ewan Cameron, defender, that there was no right to the foresaid lands of Glenluie and Loch Arkaig produced in the supplicant's person, or in the person of any of his predecessors, but only a decreet of removing in the year 1616 against the deceased Allan Cameron, and another decreet at the instance of the supplicant's father in the year 1647 against the said Ewan Cameron, now of Lochiel, in his minority, both of them being given with no defence, together with the decreet of the declarator of redemption and that, therefore, the defender was not held to answer to the foresaid petition or libel, nor should be troubled in the possession of the said lands which he and his predecessors had bruiked past memory of man, by virtue of rights flowing from the said Lauchlan MacIntosh, his predecessors; as also, that this debate is in no way parliamentary but ought to be remitted to the lords of session, especially seeing there are process henceforth intended and already depending before the judge ordinary anent the said matter, the said pursuer's father having obtained a decreet of mails and duties before the said sheriff of Inverness in the year 1655 against the said Ewan Cameron and his tenants for non-compearance, albeit they were neither summoned personally nor at their dwelling places, but at the market cross of Inverness, and a suspension of the said decreet and reduction, upon the same upon reasons founded upon his right to the said lands, are standing undiscussed, alleging also that it is most unjust to remove the defender from the said lands he never being paid of the money for which they were wadset to the laird of Grant, his cedent, and that the registered discharge produced under the subscription of Thomas MacDowall, pretended keeper of the registers as depute to Sir Archibald Johnston, does in no way instruct payment to the defender and his tutor, the same not being authentic; and further alleges that the defender ought not to be removed from the said lands because he bruiks the same as apparent heir to the deceased Allan Cameron of Lochiel, his grandfather, or otherwise having right from him, for the sum of 6,000 merks for the which the half of the said lands were wadset and the other half set in tack for service during the non-redemption by Lauchlan MacIntosh, the pursuer's grandfather, in the year 1591.
To the which allegation it was answered by the said Mr George MacKenzie, procurator foresaid for the said pursuer, and to the first part thereof, that albeit the pursuer was neither yet infeft nor served heir to his predecessors, yet he ought to have process at his instance as apparent heir and that since the death of his father who died in the month of November last, who could not be served heir nor get brieves for that effect out of the chancellery, especially seeing his father's sasine of the lands foresaid is produced, and that he is content that any sentence given in his favour anent his repossession shall not be put in execution until he is first infeft as heir to his father. And as to the second member of the said allegation, that the business is in no way parliamentary it being merely civil, and in effect already depending before the judge ordinary, the decreet obtained by the pursuer against the said defender and his tenants for the mails and duties of the said lands standing suspended and reduction thereof intended, it was answered that seeing the said pursuer and his predecessors have used all legal diligence imaginable, yet they could never to this day come to the possession of these lands, likewise the said pursuer's father, having declared himself to the parliament in the year 1648, they took the matter under their cognisance, and appointed the laird of MacIntosh, governor of Inverlochy, and therefore, it was necessary and proper to this parliament to interpose their authority thereto for repossessing the said pursuer, and that this action is altogether different from that of the mails and duties which only stands suspended, and that the said pursuer might argue here in this pursuit any defences he has upon his right to the said lands. And as to the third member made against the validity of the discharge produced, it was answered that the same did not merit an answer in respect Thomas MacDowall, who subscribed the extract, was depute for the time to Sir Archibald Johnston, late clerk register, and that the said pursuer was content (if need were) before the extracting of the sentence to produce an extract under the present clerk register or his deputes their hands. And as to the fourth member of the said allegation, that the defender as apparent heir or as otherwise having right to a wadset made to Allan Cameron, his grandfather, in the year 1598, bruiks the said lands, it was answered that apparent heir is not the name of law, especially after so long passage of time wherein he might have been served heir, either to his father or grandfather, and that no respect could be had to any other right seeing the same is not produced being a new interest and, albeit it were produced, there could be no respect had to the pretended right of wadset. 1. Because it is now prescribed, he not having had possession thereby this forty years and above, the said pursuer's grandfather having in the year 1616 obtained a decreet of removing against the said Ewan Cameron and his subtenants upon a warning used by him as proprietor of the said lands, and thereafter, having granted a wadset of the same lands to the laird of Grant, the said defender's predecessors did pay mail or duty for the said lands to the said laird of Grant during the space of fifteen years until that, in the year 1635, the laird of Grant made assignation of the said wadset to John Cameron, the defender's father, and so passed from any pretended prior right to the said lands. 2. This allegation being competent the time of the decreets of declarator and removing and omitted, ought not now to be respected, especially seeing there is no reservation in the declarator of any other wadset but the defender decreed to remove and renounce all right and title to the said lands, and both parties did submit judicially to the marquis of Argyll anent the differences of the mails and duties between the time of the consignation and obtaining of the declarator, which the said defender would never have done if they had had right to the same by virtue of any other wadset.
Whereunto it was duplied by the said Mr William Maxwell and James Chalmers, procurators foresaid for the said defender that, albeit there was no reservation of the said wadset in the declarator, it was especially reserved in the assignation made by the laird of Grant. 2. That this allegation being omitted by the tutor ought not to prejudge the minor. 3. This being but newly coming to notice he ought yet to be admitted to argue it.
Whereupon it was triplied by the said Mr George MacKenzie, procurator foresaid for the said pursuer, that the said exception cannot be said to be newly coming to notice, it being founded upon an alleged right lying in their own hands, and whereof they could not be ignorant. 2. The said defender ought to have fought to have been restored to the defence within useful years but now, having neglected to make use of the benefit of the law made in favour of minors, ought not to be heard. Lastly, that since there was no reservation in the decreet of declarator of the defender's right to the pretended wadset there could be no respect had to any reservation of the same in the assignation made by the laird of Grant to him and therefore etc.
Which allegations, answer, duply and triply respectively above-mentioned, with the foresaid decreets, sasine, discharge, hornings and other writs produced for the part of the said pursuer for instructing of his said petition and libel, answer and triply argued for him for eliding of the foresaid allegation and duply argued and alleged by the said defender, and the foresaid decreet, summons of reduction and letters of suspension produced for the part of the said defender, being all heard and considered by the said estates of parliament, they repelled the foresaid allegation and duply argued for the part of the said Ewan Cameron, defender, and that in respect of the foresaid answer and triply argued for the part of the said pursuer for eliding thereof, and writs foresaid produced for him for instructing of the said petition and libel answer and triply, and therefore, they decreed and gave their decreet in manner above-written and ordains letters etc.
[1661/1/407]*[print] [email] [cite] [preceding] [following]
Anent the petition given in to the lord commissioner his grace and honourable estates of parliament by William, earl of Dalhousie, Sir James Dundas of Arniston, Sir Patrick Hamilton of Little Preston, [...] Preston of Craigmillar, Sir John Gibson of Addiston, Alexander Nisbet of Dean and others, advancers of the price of the twenty-one horse after-mentioned, showing that the committee of war of the shire of Midlothian, which sat in the year 1648 after the engagement, did most unjustly lay on the burden of a levy of twenty-one horse of Colonel Strachan's regiment, at 300 merks the piece, and 92 foot to Colonel Innes's regiment, at £40 the piece, which levy was fully imposed upon and exacted from the said petitioners, which ought to have been laid upon the whole shire, so that the petitioners ought to have refunded to them all that every one of them has given out above what was their respective proportions for the foresaid levy, with the interest, as was acknowledged by an act and declaration of the committee of the said shire convened by warrant of the said lord commissioner of the date 12 March 1661, produced with the said supplication; supplicating therefore, the said lord commissioner and estates of parliament to take the petitioners' condition to their consideration, and to ordain them and every one of them to be relieved of the foresaid levy and that the sum of money advanced by them for the same, and interest thereof since, may be refunded to them by the whole shire, deducting the said petitioners' own proportions, which to some of them will not be the twentieth part of what was imposed upon and exacted from them, and to that effect that the gentlemen and heritors of the shire may be ordered and authorised to meet before the commissioners of excise, and to proportion the same amongst themselves according to the present rule of common burdens, and that they be ordained to pay to the petitioners their several proportions of the sums advanced by them for the foresaid levy and interest thereof, and that they may have such execution for the same as is usual in the like cases, in manner at length mentioned in the said petition. Which being first read and considered in the presence of the lords of the articles, their opinion was that the desire thereof should be granted and which, being again read and considered by the lord commissioner and estates of parliament, our sovereign lord, with advice and consent of the said estates of parliament, ordains the said petitioners and every one of them to be relieved of the foresaid levy and the sums of money advanced by them for the same to be refunded to them by the whole shire (except James [Baillie], lord Forrester and Mr John Young of Leny), deducting the petitioners' own proportions, and to that effect ordains and authorises the gentlemen and heritors of the said shire to meet and convene before the said commissioners of excise and to proportion the same amongst themselves, according to the present rule of common burdens, and decrees and ordains them all (except the said Lord Forrester and Mr John Young) to pay to the said petitioners their several proportions of the sums advanced by them for the foresaid service, and ordains letters of horning to be directed hereupon on a simple charge of fifteen days only, and all other execution required in form as appropriate.
[1661/1/408]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to his majesty's commissioner and estates of parliament by William Simpson, bailie of the burgh of Dysart, mentioning that the petitioner was in the year 1650 commanded by the committee of estates to send his ship, wherein the late John Simpson, his son, was master, for carrying of letters to the commissioners in Holland who were employed to treat with the king's majesty, which ship, being loaded with merchant goods (a considerable part whereof belonged to the petitioner) and with some trunks belonging to the said commissioners, was seized upon in her return by Captain Halker,† admiral of the English fleet, and carried into Newcastle, the whole remaining Scots ships in the fleet being dismissed and the petitioner's ship kept and detained only because of the commissioner's trunks which were found therein, and was afterwards, with the whole goods, disposed upon by Sir Arthur Haselrig, then governor of Newcastle, and others under his command, and though the said committee used means for recovery and restitution of the said ship and goods, yet these means proved still ineffectual, the loss of which ship and goods belonging to the supplicant amounts to the sum of £24,529 Scots money, and that over and above the benefit, profit and advantage he might have had thereby ever since, and the charges he was at in seeking reparation from the said committee of estates and afterwards from his sacred majesty who, being sensible of the petitioner's losses, granted letters of reprisal in his favour against such of the subjects of England who disclaimed his royal authority, which, by the prevalency of the usurpers, proved likewise ineffectual, and in regard the loss foresaid sustained by the supplicant was occasioned by his service done to his majesty and estates of this kingdom, wherethrough and through the loss of two great ships during these troublous times whereof the petitioner was partner, his estate and fortune is most heavily prejudiced and almost undone; humbly craving, he might be recommended to his majesty for reparation of his losses by the said Sir Arthur Haselrig and others, who intromitted with his ship and merchant goods, or any other way as his majesty should think fit, as the supplication more fully purports. Therefore the lord commissioner and estates of parliament have recommended and hereby humbly recommends the said William Simpson to the king's most gracious majesty, that order may be given for relief of his losses and sufferings from the said Sir Arthur Haselrig and others who intromitted with his ship and goods above-specified.
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Whereas Mr Thomas Thors, minister at the kirk of Daviot, was (after eleven years suffering for his loyalty) admitted and entered to the said kirk in the month of March last, the same being then vacant through the deposition of Mr George Telfer for treasonable speeches against his majesty and royal government and, notwithstanding that the houses and biggings built upon the manse of the said kirk were founded and mortified for the use of the minister serving the cure at the same, yet the said Mr George does violently possess,† as a supplication given in by the said Mr Thomas more fully purports. Therefore, our sovereign lord, with advice and consent of his estates of parliament, have ordained and ordains the said Mr George Telfer to remove from the biggings founded upon the said manse of Daviot, and that within six days after he shall be charged thereto, and for that effect ordains letters to be directed at the instance of the said Mr Thomas Thors against the said Mr George Telfer, and ordains the sheriff of the shire of Aberdeen to see the same put to execution.
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Whereas Mr Robert Ramsay, late minister at Cummertrees, has exercised the function of the ministry in the said parish a great part of the year 1660, the whole stipend by the law and practice of this kingdom in the like cases is due to the said Mr Robert, conforming to a supplication given in by him thereupon to his majesty's commissioner and estates of parliament, and conforming to an act of the presbytery of Lochmaben made in favour of the said Mr Robert, of the date 1 March 1660, whereby they allow and ordain him to have the stipend of the year 1660, providing he make clear account and reckoning with the gentlemen and heritors of the said parish of Cummertrees for his intromission with the manse-money, as the supplication and act of presbytery bears. Therefore, our sovereign lord, with advice and consent of his estates of parliament, have ordained and ordains Mr John Wilkie, collector of the vacant stipends of this kingdom, to make payment to the said Mr Robert Ramsay of the stipend of the said parish of Cummertrees, for the crop and year of God 1660, he always being accountable to the gentlemen and heritors of the same parish for the manse-money according to the foresaid act of presbytery.
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Anent the criminal libelled summons raised and pursued before our sovereign lord and estates of parliament at the instance of Murdo MacLean of Lochbuie and Lauchlan MacLean of Kalchellie, for themselves and in name and behalf of their kin, friends, tenants and followers, and also at the instance of Sir John Fletcher, knight, his majesty's advocate, for his highness's interest in the matter underwritten, against Iain mac Alasdair Ruaidh,† alias Campbell, bailie of Gollonsay,† Neill mac Alasdair mhic Phàdraig,† alias Campbell of Torrobhase in Islay, Maol-chalum mac Iain Ruaidh† in Kerranbeg in Crekrish, Ìomhar Bàn mac Ìomhair† of Arlarish,† there, Domhnall Òg mac Gilleasbaig mhic Neill,† there, Aonghus MacLaverty of Ardcharrane, there, Iain Bàn MacLaverty,† there, Iain Dubh,† his brother there, Malcolm Smith, there, Donnchadh mac Dhomhnaill Ruaidh,† there and Alasdair mac Ìomhair† in Garvellachs, because by the fifty-first act of the eleventh parliament of King James VI it is statute and ordained that the murder and slaughter of whatsoever of our lord's lieges, where the party slain is under the trust, credit, assurance and power of the slayers, all such murders and slaughter, to be committed in time coming after the date of the said act, which is 29 July 1587, the same being lawfully tried and the party charged found guilty, shall be treason. Nevertheless, the said defenders, all equipped in fear of war with guns, swords, bows, quivers, culverins, pistols and other invasive weapons, came under silence and cloud of night to the lands of Glengarrisdale, belonging and pertaining to the said Murdoch MacLean of Lochbuie, and there, in the year of God 1647 and in one or other of the months of the said year, the said defenders, most cruelly and barbarously, murdered Iain mac Gille-Chalum mhic Dhomhnaill Duibh,† Iain mac Theàrlaich mhic Alasdair,† Domhnall mac Aonghais mhic Iain,† Domhnall mac Gille-Chalium mhic Dhomhnaill,† Iain mac Néill Duibh† and Domhnall mac Néill Duibh,† tenants and servants to the said Murdoch MacLean, all living quietly and peaceable at their own homes, exercising their lawful callings and vocations, and anent the charge given to the forenamed persons, defenders, to have compeared before our said sovereign lord and estates of parliament, at an certain day bygone, to answer at the instance of the said pursuers, to the effect and with certification above-mentioned, as at more length is contained in the said summons raised in the said matter, the said pursuers compearing with Mr George MacKenzie, advocate, their procurator, and the said Sir John Fletcher, our sovereign lord's advocate for his interest in the said matter, being personally present and having repeated the foresaid summons founded upon the act of parliament, and the said defenders, having been lawfully summoned to this action in manner above and after-specified, often called and not compearing, the which summons and act of parliament foresaid with the absence and contumacy of the said defenders, being considered by our said sovereign lord and estates foresaid, the king's majesty, with consent of the said estates of parliament, finds, declares and adjudges the foresaid persons, defenders, to be fugitives and rebels against our sovereign lord's laws and authority and contumacious thereof, and ordains them to be declared rebels and put to the horn, and all their moveable goods to be escheat and brought in to his majesty's use for their contemption, because the said defenders were all lawfully summoned in manner after-specified, namely, the said Iain mac Alasdair mhic Phàdraig,† Iain Bàn MacLaverty,† Iain Dubh MacLaverty,† and Alasdair mac Ìomhair,† by a messenger of arms presently apprehended, and the said Maol-chalum mac Iain Ruaidh,† Iain Bàn MacIver,† Domhnall Òg,† Aonghas MacLaverty,† Malcolm Smith and Donnchadh mac Iain Ruaidh,† likewise by the said messenger at their dwelling houses, to have compeared before our said sovereign lord and estates foresaid to have answered for the foresaid crimes and deeds committed by them, with certification in manner above-specified if they fail so to do, and they being lawfully summoned as said is failed to compear to the effect above-written; and therefore, our said sovereign lord and estates foresaid found, declared and ordained, in manner above-mentioned, and ordains letters to be directed upon the matter in appropriate form.
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Warrants and orders passed ordaining Mr Wilkie, collector of the vacant stipends, to make payment to some suffering ministers for their loyalty of such sums as are modified to them by the lord commissioner and estates of parliament out of the first and readiest of the vacant stipends, as the list will be found of this day's date in the minutes etc.
The lord commissioner continues the parliament until Tuesday at 2 o'clock in the afternoon.