[1662/5/63]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the committee of estates by Rorie MacLeod of Dunvegan, and determined by the estates of parliament in manner underwritten, against Dougall MacPherson of Powrie and Mr David Drummond, late minister at Crieff, mentioning that the supplicant, in discharge of his duty and allegiance to his majesty and in obedience to his lawful summonds, having with his friends and followers joined in arms with his majesty's lieutenant general for opposing the armies and forces of the late usurpers, and it having pleased God to suffer the said usurper and his forces so far to prevail, as that the supplicant and several others of his quality and condition were reduced to so great straits and difficulties that they were necessitated, not only to submit to whatsoever terms it pleased the said usurper to require, but also, in recompense and satisfaction of certain unnatural and disloyal countrymen who had been active for promoting their ends and designs, the supplicant was constrained to make payment to the general receiver, John Baynes, to the behoof of the said defenders and others, of the sum of £2,500 sterling, whereof the said Dougall MacPherson received £300 sterling, and the said Mr David Drummond £500 sterling, as should be verified by acquittances and discharges under their hands. And it being most consistant and agreeable to all law and reason that the said receivers ought and should refund and pay to the supplicant the foresaid sums of money, least the supplicant for his loyalty and obedience, is a sufferer and the said defenders, for their treason and rebellion, make advantage; therefore, craving that the said committee of estates would be pleased to grant warrant to messengers at arms to summon the said defenders, receivers of the said sums, to compear before them or such as should be authorised by them, to answer to the said supplication and to have heard and seen themselves decreed to make payment of the said sums to the supplicant. And anent the charge given to the said defenders to have compeared before the estates of parliament at a certain day bygone, to have heard and seen themselves decreed in manner underwritten, as in the supplication at more length is contained, the supplicant compearing through Mr George MacKenzie, advocate, his procurator, who, for verifying the said supplication or libel, produced an order directed from the pretended council of state to John Baynes, commissary, ordaining him to make payment to the said Dougall MacPherson of the foresaid sum of £300 sterling out of the said supplicant's fine, dated 21 February 1655, bearing the said Dougal's receipt on the back thereof, dated the 25th day of the said month; together with two orders directed by the pretended council to the said Mr Baynes, both dated 20 February 1656, the one ordaining him to pay to the said Mr David Drummond the sum of £100 sterling, and the other to make payment to him of the sum of £400 sterling, bearing the said Mr David's receipts of the said sums on the backs thereof. And the said Dougall MacPherson compearing through Mr John Cunningham, advocate, his procurator, and the said Mr David Drummond being lawfully summoned to this action, often called and not compearing, his majesty's commissioner and estates of parliament, having heard, seen and considered the said supplication, with the orders and receipts thereupon produced above, together with a report given in to them by the lords of the articles in manner underwritten and they therewith, and with what was said and proposed for the said Dougall MacPherson, being well and ripely advised, his majesty, with advice and consent of his estates of parliament, decrees and ordains the said Dougall MacPherson and the said Mr David Drummond, defenders, to make payment to the said supplicant of the sums of money above-written received by them out of the said supplicant's fine, as aforesaid, each of them for their own part, namely, the said Dougall MacPherson of the sum of £300 sterling, and the said Mr David Drummond of the sum of £500 sterling. Because the lord commissioner's grace and lords of the articles, having appointed and empowered [George Livingstone], earl of Linlithgow, [William Cochrane], lord Cochrane and Sir John Urquhart of Cromarty to revise the process and consider the same, and to report their opinion thereupon and, having perused and considered the same, returned their report thereof to the lord commissioner's grace and lords of the articles, wherein they found that it is proven by receipts under the hands of the said Dougall MacPherson and Mr David Drummond, granted to the receiver general Baynes, relative and subjoined to orders directed to him by the usurpers' council of state, on behalf of the said Dougall and the said Mr David for making payment to them of the sums of money above-written, namely, to the said Dougall MacPherson the sum of £300 sterling, and to the said Mr David the sum of £500 sterling, out of the said sum of £2,500 sterling of fine imposed upon the supplicant by the usurpers, and therefore, in their humble opinion, conceived that the said Dougall MacPherson and Mr David Drummond should be decreed to refund the said sums received by them, in manner foresaid, to the supplicant. Which report, being considered by the said lords of the articles, they returned their report thereof to the estates of parliament, wherein they conceived that the said Dougall MacPherson and Mr David Drummond should be decreed to refund to the supplicant the foresaid sums received by them, namely, the said Mr David Drummond, the sum of £500 sterling, received by him conforming to the order and receipts thereupon above-mentioned out of the fine of the said supplicant imposed by the usurpers, and the said Dougall MacPherson, the sum of £300 sterling, received likewise by him out of the said fine of the supplicant imposed by the usurpers, conforming to the order and his receipts above-mentioned. Which report, being this day considered by his majesty's commissioner and estates of parliament, they approved the same report and gave their decreet accordingly in manner above-written, and ordain letters of horning on fifteen days and others, if need be, to be directed hereupon in the appropriate form.