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To his grace her majesty's high commissioner and the right honourable the estates of parliament,
The petition of James Hamilton, eldest lawful son to the deceased John Hamilton of Gilkerscleugh,
Humbly shows,
That where at my father's death in 1700 I was left defenceless, without tutors, a boy of 12 years old, and that through my own weakness and my friends' neglect or indifference, I was not served heir to my father with the benefit of inventory, within the year and a day prescribed by law, by which neglect I am now under the inconvenience of being summoned in a non-entry by my superior [Charles Hamilton Douglas], earl of Selkirk; and though my mother, since my father's death, has employed what money she could command, and even her own jointure, towards the satisfaction of the most pressing creditors, yet there are still more of them unpaid than my credit (who am as yet minor) could satisfy, and so I dare not subject my personal liberty to their mercy. Besides there are several funds due to my deceased father which lie mortified and will perish for want of an active title to pursue them; and particularly there is a sale depending against MacMorran of Glaspen, where my father is a creditor for upwards of £10,000, and some other claims which might be brought to good account. And seeing your grace and lordships have dispensed with the time of making up an inventory in the cases of [David Erskine], earl of Buchan and [Charles Home], earl of Home, and lately in the case of [Kenneth Sutherland], lord Duffus on the head of absence, and that by our own law and the law of nature and nations the legislators have always taken the imbecility of minors under their special protection, and that by yet allowing me this benefit this will not only make me capable of entering with my superior, but likewise of satisfying my creditors far better than could be done by tearing my small fortune in pieces, which sometime has made a better figure than now and is mostly liferented by my mother,
May it therefore please your grace and lordships to consider the premises, and in respect thereof, allow me yet to serve heir with the benefit of inventory within three months after the date hereof, and to be liable only according [to laws] having force, and to except the said service from the act salvo jure as was lately done in similar cases according to justice.
And your petitioner shall ever pray, etc.
James Graham
†Edinburgh, 21 March 1707
Her majesty's high commissioner and the estates of parliament, having heard this petition, they grant the desire thereof, and allow the petitioner to serve heir to his father with the benefit of inventory within three months after the date hereof, and declare he shall be only liable according [to laws] having force, and except the said service from the act salvo jure to be passed in this or any other session of parliament.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament