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B05252 Laws and acts past in the second [i.e. third] session of the first Parliament, of our most high and dread soveraign, Charles the second, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith. Holden at Edinburgh, from the eighteenth of June, 1663. to the ninth of October thereafter, on which day the Parliament was dissolved; by a noble lord, John Earl of Rothes, Lord Lefly and Bambreith ... / with special advice and consent of the Estates of Parliament.; Laws, etc. Scotland.; Rothes, John Leslie, Earl of, 1630?-1681.; Scotland. Convention of Estates. 1663 (1663) Wing S1273A; ESTC R183990 41,021 57

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moveables And His Majesty with advice foresaid doth hereby authorize and require the Lords of His Majesties Privy Council to be carefull to see this Act put to due execution and for that end to call before them all such persons as after admonition of the Minister in presence of two sufficient witnesses and by him so attested shall be given up to the Council as transgressors of this Act in with-drawing from their Paroch Churches as aforesaid and the same after hearing of the parties being duly found to decern and inflict the censures and penalties above-mentioned and such other coporal punishment as they shall think fit and direct all execution necessary for making the same effectual and to do every other thing they shall find necessary for procuring obedience to this Act and putting the same to punctual execution conform to the tenor and intent thereof II. Additional ACT concerning the Declaration to be signed by all persons in publick Trust FOrasmuch as by an Act past in the second Session of this Parliament on the fifth of September last concerning the Declaration to be taken by all persons in publick Trust It is remitted to His Majesties Commissioner to take such course as he should think fit how these who are presently in Office may subscribe the Declaration And the King's Majesty being resolved that all in publick Trust should without further delay sign the same But considering that in this vacand time many of the Courts of Justice do not sit so as some longer time must be allowed unto them Therefore the King's Majesty with advice and consent of His Estates in Parliament Statutes and Ordains all persons who enjoy or possess any publick Trust or Office within this Kingdom as Officers of State Members of Parliament Privy Councellors Lords of the Session Commissioners in Exchequer all Members of the Colledge of Justice Sheriffs Stewarts Bailies of Regalities Commissaries Justices of Peace and their respective Deputes and Clerks and all who enjoy any other publick Charge Office or Trust within the Kingdom to subscribe the Declaration hereunto subjoyned in presence of the several Courts they relate to betwixt and the eleventh of November next to come or sooner as they shall have occasion or be required thereto by His Majesties Council Discharging hereby all such of them who shall not sign the same as said is to exerce any publick Trust or Office within the Kingdom after the said eleventh of November And that a speedy account may be returned hereof It is hereby Ordained that the Sheriffs in the several Shires be carefull in requiring due obedience to this Act and that they and all others concerned therein make report thereof to His Majesties Council betwixt and the first of January next to come And seing the election of the Magistrates and Council of Burghs will occur about Michaelmass next and that some disaffected persons in Burghs having none or small advantages by their Magistracy may upon account of this Declaration refuse to accept any Charge or Trust It is therefore by His Majesty with advice foresaid Statute That at the next ensuing election of Magistrates within Burgh all such persons who shall continue in or be of new elected to be Magistrates Clerks or of the Council of Burghs shall at such their elections if they be present or otherwise how soon thereafter they shall be required thereto by those who did elect them sign the Declaration aforesaid Declaring hereby all who shall refuse or delay the same to be from thenceforth not only incapable of and to have forfaulted the priviledges of a Magistrate but also all the priviledges of Merchandizing Trading and others belonging to a Burgess And that the several Burghs make report of their proceedings therein to His Majesties Council betwixt and the foresaid eleventh of November as they will be answerable upon their duty and alleagiance And for such as shall hereafter be admitted to any publick Trust or Office they are to sign the Declaration in the maner and under the certifications exprest in the former Act of Parliament of the fifth of September And His Majesty doth hereby recommend to the Lords of His Majesties Privy Council to be carefull that these Acts be put to due execution and receive obedience conform to the tenor thereof I Do sincerely affirm and declare that I judge it unlawfull to Subjects upon pretence of Reformation or other pretence whatsoever to enter into Leagues and Covenants or to take up Armes against the King or these Commissionate by Him and that all these Gatherings Convocations Petitions Protestations and erecting and keeping of Council-tables that were used in the beginning and for carrying on of the late troubles were unlawfull and seditious And particularly that these Oaths whereof the one was commonly called The National Covenant as it was sworn and explained in the year one thousand six hundred and thirty eight and thereafter and the other entituled A Solemen League and Covenant were and are in themselves unlawfull Oaths and were taken by and imposed upon the Subjects of this Kingdom against the fundemental Laws and Liberties of the same And that there lyeth no obligation upon me or any of the Subjects from the saids Oaths or either of them to endeavour any change or alteration of the Government either in Church or State as it is now established by the Laws of the Kingdom III. ACT against Protections THe King 's most Excellent Majesty being carefull that the benefit of the Law in the administrations of Justice be free to all His Majesties good Subjects And considering the prejudices many have formerly sustained in the stopping of the course of Justice by the too frequent granting of Protections against personal execution Therefore and for preventing of the like for the future His Majesty with advice and consent of His Estates in Parliament Doth Ratifie Approve and Renew all former Acts of Parliament made against the granting of Protections And Dischargeth the Lords of His Majesties Privy Council Session and Exchequer to grant Protections to any persons against personal execution certifying such as shall grant the same they shall be liable for the debt against which they grant the Protection and all execution shall pass against the havers thereof as if the same had not been granted It is alwayes hereby Declared That notwithstanding hereof it shall be free to the Lords of His Majesties Privy Council Lords of Session and Exchequer and to the Justice-general and his Deputes when any person or persons are summoned and appointed to appear personally before them to give order now as they have been in use formerly to do for suspending personal execution against the persons so summoned and appointed to appear for such few dayes as they may come to give their appearance and during their necessar stay and some few dayes for their return and that according as the saids respective Judges shall find reason upon the particular applications to be made thereupon IV. ACT for the establishment
LAWS and ACTS Past in the second SESSION of the first PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the Grace of GOD King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh from the eighteenth of June 1663. to the ninth of October thereafter on which day the Parliament was dissolved By a Noble Lord John Earl of Rothes Lord Lesly and Bambreith His MAJESTIES Commissioner for holding of the same by vertue of a COMMISSION under His MAjESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1663. CUM PRIVILEGIO HONI SOIT QVI MAL Y PENSE LAWS and ACTS past in the third Session of the first PARLIAMENT of our most High and Dread Soveraign CHARLES the Second by the grace of GOD King of Scotland England France and Ireland Defender of the Faith Begun at Edinburgh upon the eighteenth of June 1663. and continued to the ninth of October thereafter I. ACT against separation and disobedience to Ecclesiastical Authority FOrasmuch as the King's Majesty considering the prejudices which did ensue to the Church and Protestant Religion to the Prerogative of the Crown to the Authority of Parliament to the Liberties of the Subject and to the publick Laws and Peace of the Kingdom by the invasions made upon Episcopal Government during the late troubles And finding that Government to be the Church-government most agreeable to the Word of GOD most convenient and effectual for preservation of Truth Order and Unity and most suteable to Monarchy and to the Peace and Quiet of the State Hath therefore with advice and consent of His Estates of Parliament by several Acts past in the second Session of this Parliament restored the Church to it 's ancient and right Government by Archbishops and Bishops and hath redintigrated the estate of Bishops to the exercise of their Episcopal Function and to all the Priviledges Dignities Jurisdictions and Possessions due and formerly belonging thereunto And in further order to the settlement of the Church and bringing the Ministers to a due acknowledgment of and complyance with the Government thereof thus established by Law His Majesty with advice foresaid hath also Statute and Ordained That all these Ministers who entered to the Cure of any Paroch without Right or Presentations from the lawfull Patrons in and since the year one thousand six hundred and fourty nine and should not betwixt and the twentieth of September last obtain Presentations from their several Patrons and Collation from the Bishop of the Diocess where they lived should have no right to the uplifting the Rents of any Benefice or Stipend for the year one thousand six hundred and sixty two but that their Places Benefices and Kirks should be ipso jure vacand And that what ever Ministers should without a lawfull excuse to be admitted by their Ordinary absent themselves from the diocesian Assembly or who should not concur in all the Acts of the Church-discipline as they should be thereunto required by the Archbishop or Bishop of the Diocess should be for the first fault suspended from their Office and Benefice till the next diocesian Meeting and if they amend not should be deprived and the Church and Benefice to be provided as in other cases of vacancies And the King's Majesty having resolved to conserve and maintain the Church in the present State and Government thereof by Archbishops and Bishops and others bearing office therein and not to endure nor give way or connivance to any variation therein in the least Doth therefore with advice and consent of His Estates conveened in this third Session of His Parliament Ratifie and Approve the aforementioned Acts and all other Acts and Laws made in the two former Sessions of Parliament in order to the settling of Episcopal Dignity Jurisdiction and Authority within this Kingdom and Ordains them to stand in full force as publick Laws of the Kingdom and to be put to further execution in all points conform to the tenor thereof And in pursuance of His Majesties Royal resolution herein His Majesty with advice aforesaid doth recommend to the Lords of His Majesties Privy Council to take speedy and effectual course that these Acts receive ready and due obedience from all His Majesties Subjects And for that end that they call before them all such Ministers who having entered in or since the year one thousand six hundred and fourty nine and have not as yet obtained Presentations and Collations as aforesaid yet dared to preach in contempt of the Law and to punish them as seditious persons and contemners of the Royal Authority As also that they be carefull that such Ministers who keep not the diocesian Meetings and concur not with the Bishops in the Acts of Church-discipline being for the same suspended or deprived as said is be accordingly after deprivation removed from their Benefices Glebs and Manses and if any of them shall notwithstanding offer to retain the possession of their Benefices or Manses that they take present course to see them dispossest and if they shall thereafter presume to exercise their Ministry that they be punished as seditious persons and such as contemn the Authority of Church and State And as His Majesty doth expect from all His good and dutifull Subjects a due acknowledgment of and hearty complyance with His Majesties Government Ecclesiasticall and Civil as it is now established by Law within this Kingdom and that in order thereunto they will give their chearful concurrence countenance and assistance to such Ministers as by publick Authority are or shall be admitted in their several Paroches and attend all the ordinary Meetings for divine Worship in the same So His Majesty doth Declare That He will and doth account a with-drawing from and not keeping and joyning in these Meetings to be seditious and of dangerous example and consequence And therefore and for preventing the same for the future His Majesty with advice and consent of His Estates in Parliament doth hereby Statute Ordain and Declare That all and every such person or persons who shall hereafter ordinarily and willfully withdraw and absent themselves from the ordinary Meetings of divine Worship in their own Paroch Church on the Lords-day whether upon account of Popery or other disaffection to the present Government of the Church shall thereby incur the pains and penalties under-written viz. Each Nobleman Gentleman and Heretor the loss of a fourth part of ilk years Rent in which they shall be accused and convicted and every Yeoman Tennent or Farmer the loss of such a proportion of their free moveables after the payment of their Rents due to their Master and Land-lord as His Majesties Council shall think fit not exceeding a fourth part thereof and every Burgess to lose the liberty of Merchandizing Trading and all other Priviledges within Burgh and fourth part of their
in favour of Minors anent the duties of the Lands comprised from them ibid. 10. Act against exportation of money forth of the Kingdom Page 14 11. Act for encouragement of Tillage and Pasturage Page 17 12. Act for a new Imposition upon English Commodities Page 18 13. Act imposing a Custom upon Corn imported from Ireland into this Kingdom Page 19 14. Act for in-bringing of His Majesties Rents Page 20 15. Act concerning Beggars and Vagabonds Page 23 16. Act anent the measure of Coal Page 26 17. Act anent the Foot-measure Page 27 18. Act discharging Monday and Saturday Mercats in Royal Burghs Page 28 19. Act anent Lint-seed Hemp-seed and Steel ibid. 20. Act anent Manses and Glebs and poinding for Ministers Stipend Page 29 21. Act anent Comprisings Page 30 22. Act anent Sentences of Excommunication Page 31 23. Act for additional provision in favours of the Vniversities Page 32 24. Act regulating the proportions of Excise in the several Shires and Burghs Page 34 25. An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland Page 36 26. Act asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners Page 38 27. Commission for plantation of Kirks and valuation of Teinds Page 39 28. Act anent penal Statutes Page 43 29. Act Salvo jure cujuslibet Page 44 A Table of the special Acts and Ratifications past in the several Sessions of this Parliament which are not printed FIRST SESSION PRotestations by some Noble-men Commissioners from Shires and Burghs concerning their precedencies in the Rolls of Parliament Act discharging Sir Archibald Johnstoun of all publick Trust Act concerning the Burial of the Corps of the late Marquess of Montrose and Laird of Dalgety Commissions for the Lords of the Articles and Bills Exoneration to Mr. John Young concerning the Registers Record of the production of the Patents granted by His Majesty to His Officers of State and their Admissions Record of the production of some Patents of Honour Decreet Earl of Dalhousie and others against Mr. Robert Hodge Act in favours of the Laird of Mackclean Precognition in favours of the Master of Bamff Commission to Mr. John Wilkie to collect the vacand Stipends Act rescinding the pretended forfeiture of the Marq of Montrose Act allowing Messengers to execute Summons of Treason Exoneration in favours of the Earl of Crawfurd and Lindsay Act concerning the Magistrates of Kirkwall Act for an Imposition at the Bridge of Musleburgh Commission for visiting the University of Aberdeen Act anent the election of the Magistrates of Monross Decreet Archibald Lamont contra Campbel Act for an Imposition at the Calsees of Cowie-month Reference Mackenzie contra Mackpherson Decreet Earl of Perth contra Sir George Mouat Acts in favours of some Ministers for their Stipend Act in favours of Col. Weymes Col. Lesly and James Scot. Letter and Act in favours of the Laird of Renton Act for a Bridge at Ramal-well-craig on Clyd Act in favours of the Town of Wigtoun concerning a Bridge Decreet Lockhart contra Bonar Decreet Mackenzie of Redcastle contra Gilbert Ker and others Decreet Elizabeth Dutchy contra Henry Dennistoun Act annent the Custom and Price of imported Tobacco-pipes Decreet Carnaigie contra Carnaigie Ratification to the Earl Marshall of the Sheriff-ship of Aberdeen Protestation by the Earl of Roxburgh in name of the Marquess of Huntly against the same Ratification in favours of Mr. Adam Cunningham of Wood-hall of the Commissariot of Dumfries Ratification in favours of the new Colledge of Aberdeen Protestation by the Town of Aberdeen against it Ratification in favours of Sir John Urqhuart of Cromarty Rat. Mr. Hary Hay of the Commissar-clerkship of Edinburgh Ratification to John Ramsay of his Office from the Lord Register Ratification in favours of the Burgh of Elgin Ratification in favours of Thomas Manson Ratification of the erection of the Kirk of Kinlosse Rat. to Mr. Tho Young of the Commissar-clerkship of Lauder Rat. of the erection of the Town of Findorn in a Burgh of Barony Protestation Town of Forres against it Ratification in favours of _____ Wat. Rat. to Mr. James Nicholson of the Commissariot of Brichen Ratification to John Newel Ratification in favours of Hary Blaickwood Ratification to Alexander Monro of the Commissariot of Stirling Act concerning the Town of Kirkwall Rat. to the Town of Edinburgh of the regality of the Cannongate Rat. to the Town of Edinburgh of the mark upon the Tun. Rat. Town of Edinb of the Land called The Kings work in Leith Rat. Town of Edinb of the Customs at the house in the Mure. Rat. of the Town of Edinburghs new Charter of Confirmation Act in favours of Mr James Daes Commission for tryal of the burning the Gates of Drumlanrig Act concerning the Earl of Perth and Lord Drummonds losses Act concerning Sir Thomas Hamiltoun of Prestoun his Writes Act rescinding the pretended forfeiture of the Marquess of Huntly Act rescinding the pretended forfeiture of Mackdonald of Largy Act rescinding the pretended forfeitur of Sir John Gordoun of Haddo Act for a contribution for repairing the Harbour of Peterhead Act in favours of the Town of Dunce Act in favours of George Campbel Modifications to suffering Ministers out of the vacand Stipends Ratification in favours of the Eail of Mar. Ratification in favours of the Town of Nairn and Protestation by the Laird of Caddel against it Ratification in favours of the Earl of Panmure and Protestation by the Burgh of Arbroth against it Ratification in favours of the Burgh of Innerness and Protestation for Redcastle Dunean and the Burghs of Forteross Cromarty and Dingwal against it Ratification in favours of the Earl of Linlithgow Ratification to the Earl of Callander Ratification to the Town of Musleburgh Ratification in favours of Robert Thomson and Protestation by the Earl of Athol against it Ratification in favours of Mr. Thomas Murray Ratification in favours of Mr. John Finlay Ratification in favours of the Burgh of Wigtoun Act for a weekly Mercat and two Fairs yearly in Bouden Ratification in favours of the Royal Burroughs Ratification in favours of the Earl of Weymes Ratification in favours of the Burgh of Kirkcaldy Commissions for trying some persons suspected of witch-craft His Majesties nomination of the Lords of Sess and their Admission Act for the sitting and diets of the Session The Lord Registers nomination of the Clerks to the Session to the registration of Seasings and admission of Notars and their admission conform to their Gifts from the Lord Register Act establishing the Sheriffdom of Ross and the bounds of it Commissions for the Fishings on the waters of Ugie and Itham Act to James Weymes for a new invention of Milnes c. Act in favours of the Earl of Lauderdaile anent the Lordship and Regality of Musleburgh and Superiority thereof Protestation by the Lord Colintoun that the said Act should not prejudge him of his Right to the Teind of the Paroch of Hales
Act in favours of the Earl of Laudeidaile Act in favours of the Earl of Lauderdaile concerning the Writes and Securities of his Lands Act concerning the Earl of Cassils Act anent the Lights on the May. Act rescinding the pretended forfeiture of the Laird of Glengairy Act rescinding the pretended forfeiture of Macklean of Lochbouy Act rescinding the pretended forfeiture of Macklean of Kingerloch Decreet Earl Southesk and Lord Burghly against the Shire of Fife Decreet Marquess of Montrose against the Marquess of Argly Decreet Laird of Dury contra Duke Hamiltoun Act in favours of the Burgh of Aberdeen Act for two Fairs and a weekly Mercat in Strathaven Act in favours of Patrick Dumbar Act in favours of the Laird of Edgerstoun Act for three Fairs to the Town of Lesly Act for a weekly Mercat and two Fairs in the Town of Tullith Act for a yearly Fair in Aldeir Decreet Pluscarden contra Mackpherson and others Act in favours of the Clan Gregor Decreet E. Roxburgh con E. Lothian anent the Title of Lord Ker. Decreet Earl of Airly against Mackenzie and others Act for repairing the Bridge of Sanchar Act for two fairs and a weekly Mercat in Hamiltoun Act rescinding the pretended forfeiture of David Graham of Gorthy Act in favours of Doctor Gleg Record of the losses of some Noble-men for their loyalty Acts for ordering the precedency of the Officers of State Decreet of forfeiture against Sir Archibald Johnstoun Act rescinding the pretended forfeiture of the Lord Heries Ratification in favours of the Earl of Roxburgh Ratification in favours of the University of St. Andrews Ratification in favours of the Burgh of Lauder Ratification in favours of Major Ramsay Ratification in favours of the Laird of Hayning Ratification in favours of John Stirling of Orther-field Ratification in favours of the Earl of Leiven Ratification in favours of John Campbel of Ardchattan Ratification in favours of the Burgh of Linlithgow Ratification in favours of the old Town of Aberdeen Rat. of the mortification of a Hospital in the Paroch of Largo Ratification in favours of the Laird of Monymusk Protestation by the Earl of Aboyn in name of the Marquess of Huntly against it Ratification in favours of the Burgh of Dumbartoun Protestation of the Town of Glasgow against it Ratification in favours of the Town of Glasgow Protestation by the Dukes of Lennox and Hamiltoun and the Burghs of Dumbartoun and Renfrew against it Ratification in favours of the Burgh of Forterose and Protestation by the Town of Innerness against it Ratification in favours of the Officers of the Mint Protestation for the Burgh of Edinburgh against it Act for coyning of Copper-money Act for providing a Stock to the Mint-house Decreets of forfeiture against William Dundass of Magdallans and John Home of Kello Act anent the redemption of Infeftments of Fee granted under reversion Act rescinding the pretended forfeiture of Robert Spotswood Act rescinding all Decreets of forfeiture against Archibald and Mackgilespik Mackdonal of Colinsay Act rescinding the forfeiture of Archibald Mackdonal of Sands Protestation by the Creditors of the Marquess of Argyl that they be not prejudged by any sentence to be given against him Decreet and Sentence of forfeiture against the Marquess of Argyl Decreet and Sentence of forfeiture against Mr. James Guthry Decreet and Sentence of forfeiture against William Govan Decreet L. Cochran against the Executors of the Earl of Buccleuch Act for Two Fairs to the Burgh of Ruthglen Act for Imposition for upholding a Bridge on the Water of Fleet. Acts concerning the Town of Edinburgh and their Annuity out of the House-mails and the Imposition granted to them of two pence upon the pint of Ale c. Decreet Duke of Hamiltoun contra Ardkinlass Commission for a Council of Trade Decreet in favours of the E. of Callander against the E. of Leiven Act for changing an High-way at Abbotshall Act in favours of William Purvess Decreet Sir William Baily of Lamintoun contra Mrs. Whaley Act for the ordinar allowance of the Clerk Registers Subscription Ratification in favours of the Marquess of Montrose Act ratifying the union of the Paroches of Logy-montrose and Perth Act anent slaying of Fish in forbidden time Act in favours of the Earl Cassils Earl Lothian Brody c. Commission concerning the Annual-rents due by persons forfeited by the Usurpers Decreet in favours Mackintosh against Lochyel Decreet Murdoch Mackclean against John Mackallester c. Protestations by the Earl of Arrol Earl Craufurd and Lindsay the General of the Mint and the Provost of Edinburgh in name of the Royal Burroughs against the power of the Justices of Peace Act in favours of the Commissars of Edinburgh Act in favours of the Earl of Middleton and Sir John Smith Act in favours of the Earl of Middleton and Sir John Weymes Act for two Fairs to the Burgh of Culross Act for raising a moneths maintenance imposed in the year one thousand six hundred and fifty one for the Kings use and eighty thousand merks due by the Burroughs Act in favours of the Earl of Dundee Act in favours of the Hat-makers in Edinburgh and Protestation by the Town of Edinburgh against it Decreet John Mackdowgal contra Campbel Decreet of forfeiture against John Swintoun Act rescinding the pretended forfeiture of the Earl of Branfurd Ratification in favours of the Earl of Panmure Commission for the Fishings of North and South-esks Ratification in favours of the Lord Rollo Ratification in favours of the Earl of Murray Ratification of the Rights and Liberties of the Burgh of Dundee Ratification in favours of the Burgh of Kintor Ratification in favours of the Earl of Tweddal Ratification in favours of Alexander Thomson Ratification in favours of the Earl of Athol Ratification to Sir John Gilmor President of the Session of his Rights of the Barrony of Craigmillar Ratification in favours of the Burgh of Dunkell and Protestation by the Town of Perth against it Two Ratifications to the Earl of Craufurd and Lindsay Ratification to the Earl of Lauderdaile of the regality of Thirlstane and Lordship of Musleburgh Rat. to the Earl of Lauderdaile of the gift of Swintouns forfeiture Ratification in favours of Mr. James Douglass Ratification to Sir John Gilmor of his gift of Pension Ratification to Sir James Hope of his rights to the Mines Ratification in favours of the Laird of Calder Ratification in favours of the Burgh of Aberdeen Ratification in favours of Mr. John Herbertson Ratification in favours of the Earl of Home Ratification in favours of Sir Alexander Home Ratification in favours of Mr. John Cunningham Ratification in favours of James Innes Ratification in favours of Sir James Cunningham Ratification in favours of Sir Robert Murray of Camron Ratification in favours of the Earl Marshal SECOND SESSION ACt for calling in the Bishops to the Parliament Act for setling the Orders in the Parliament-house Act concerning Members of Parliament who do not attend Recommendation for the Creditors of the late Marquess of