[1703/5/163]*[print] [email] [cite] [preceding] [following]
Petition by the earl of Crauford, anent the arrears due to him and his regiment, being read, it was moved that the petitioner's case be remitted to the lords commissioners of her majesties' thesaury, and that he have a sist of execution at the instance of his creditors for the debts mentioned in the petition till the next session of parliament, which was agreed to, and the act thereon in his favors is as follows:
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of John, earl of Crauford, humbly shewing unto them that in the year jM vjC and ninety five the regiment of foot, then under the command of the petitioner as collonell, being on the Scotish establishment, the petitioner was necessitat to contract with Sir George Home and his partners, and with Alexander Bruce and Patrick Chalmers, for cloathing the same, and on that occasion became personally engaged to pay to them a very great sum of money and whereof he hath been constrained to make payment of a considerable part, but since the disbanding of his said regiment he has never been able to recover his payment from the thesaury, nor obtain himself relieved of his engagement to Sir George Home, Alexander Bruce and Patrick Chalmers, nor to procure payment of his arrears, whereby his grace and their lordships might see plainly how much the petitioner suffers on this publict account, and how just and reasonable it is that he should not onely be reimbursed of what he has advanced, but likewayes that he should be relieved of what he stands engaged for, and for payment whereof he is dayly molested and threatned with the rigour of all manner of legal diligence, and also that he should be payed of his haill arrears, which are truely resting now these six years bypast. And seeing the petitioner instantly verified what he represented by the said petition by most probative documents therewith produced, and that it is but too certain that after the riseing of this present session of parliament he will be no longer able to protect either his person or effects from the diligence of his said creditors, therefore, humbly craveing his grace and their lordships seriously to consider the pressing and urgeing circumstances of the petitioner's present case, and to provide such effectual remedy and give such certain orders as he may not onely be reimbursed of what he shall instruct he has truely advanced and payed with interest, but also that he may obtain his full relief of his said engagement on the foresaid publict account and procure payment of his haill foresaid arrears, as the said petition bears. Which her majesties' high commissioner and the said estates of parliament, haveing on the date hereof considered and being therewith well and ripely advised they, by their interloquitor thereon, have recommended and do by thir presents recommend the petitioner to the lords of her majesties' thesaury for the reimbursement of what he has advanced and payed upon account of his regiment, with annualrent and for payment of the arrears due to himselfe and regiment, and in the mean time they have sisted and do hereby sist execution of diligence against him for the debts abovementioned untill the next session of parliament inclusive. Thereafter, and before extracting hereof, her majesties' commissioner and the said estates of parliament, haveing heard a petition given in for Sir George Home of Kello and his partners against the abovewritten petition of the earl of Crauford and deliverance thereon abovementioned, humbly shewing unto them that where in a petition presented by the earl of Crauford it is represented that the earl, haveing contracted with Sir George Home and his partners for cloathing to his regiment in anno jM vjC and ninety five, the earl not onely craves as is informed to be reimbursed of what he hath payed or advanced as collonell for the regiment and that he may have a full relief of his engagement upon the publict account as collonell to the said regiment, but likewayes that all diligence at the instance of the said Sir George Home and partners may be superceeded till the next session of parliament. It was humbly represented for Sir George Home and partners that, whatever ground the earl may crave superceeding execution as to others, yet as to Sir George Home and his partners the earl ought not to crave in respect Sir George Home and his partners offered them to prove that the earl did actually uplift and receive the cloathing money of the said regiment from the lords of thesaury for the time Sir George Home and his partners cloathed them, which, if the earl had applyed for their payment, they had been compleatly payed of what is still resting them, and furder they offered them to prove that the earl contracted with others for cloaths to the said regiment, long after their cloaths were furnished and has payed the said cloathing since contracted for, in respect whereof Sir George Hume and his partners ought to have the benefite of all legal diligence for payment of their just debt, as the said petition also bears. And her majesties' high commissioner and the said estates of parliament, haveing fully considered the foresaid petition, they by a vote of parliament adhered to their abovewritten former deliverance in favors of the said earl.
Resolved that the next day the parliament shall meet be intirely bestowed on discussing privat cases without the interveening of any publict affair whatsoever.