[1646/11/24]*[print] [email] [cite] [preceding] [following]
Anent the suplicatioune given into the estates of parliament now conveened in this sext session of the first trienniall parliament, quherof the tenor followis: To the honorable estates of parliament, the humble petition of Sir David Crichtoune of Lugtoune, Sir Johne Spottiswode of Dairsie, George Home of Foord and Mr Johne Skougall. Quhairas umquhile Sir Robert Spottiswode of Donypace, being adebtit in great sowmes of money to his creditors, for whiche we or ather of ws ar bund as cautioners, as namelie to Mr Johne Cant of Comiestoune the sowme of ane hundereth thousand merks principall, for whilk he hes ane reall infeftment and wodset of the landis and barronie of Pentland, with the toune and cornemylne, advocatioune, donatioune and richt of patronage of the kirk of Pentland, the landis of Hieland, Boighall and Leipis, the landis of Pentlandmoore, with the pertinents, viz: Kirktoune, Whythauche, Loganhous, with the toure and fortalice therof; Earncraig, Smulshopes Eister and Westir, Fala [and] Graine, with the teindis of the saids landis; all and sundrie the lands of Mortoun and Mortounhall and Aderstoune, with the maner places, houses, biggings, tennents, tennandries and all ther pertinentis. Item, to the airs of umquhile Thomas Charteris, ten thousand merks. Item, to the airs of Mr Johne Syidserfe, ten thousand merks. Item, to the airis of Collonell Thomas Home, tuell thousand merks. Item, to Thomas Hamiltoune of Prestoune, thrie thousand merks. Item, to Elizabeth Home, spous to Robert Lawder in Tyninghame, ane thousand merks. Item, to Agnes Hepburne, lady Mylnetoune, thrie thousand merks. Item, to Patrik Dundas of Breistmylne, fyve thousand merks. Item, to Mr Johne Bayne, tua thousand merks. Item, adebtit to the said George Home, tua thousand and fyve hundereth merks. Item, to Mr Johne Skougall in the Cannogait, fyve hundereth merks. Item, to Michaell Gibsone, tailyeor, thrie hundereth merks; quhilkis principall sowmes extendis to the sowme of ane hundereth fourtie nyne thousand, thrie hundreth merks and that by and attour manie yeirs annualrents restand unpayit of the saidis principall sowmes. For payment of the greatest pairt of the quhilks sowmes, the said umquhile Sir Robert Spotiswode, be his assignatioune dated the penult of August 1644, assignit to me, the said George Home, the reversion of the foresaid wodset granted to Mr Johne Cant and quhilk assignatioune upon the tent of November 1646 the said Sir Robert ratified and of new disponit the foresaid reversion with all richt of propertie and superioritie competent to him of the landis, barronie and uthers foresaids. And inregaird the sowmes of money abonewrittin, principall and anuelrentis, doe exceid the worth of the foresaids landis and uthers and that we ar in hazard of utter rwine by ressone of our ingadgement as cautioners for the said umquhile Sir Robert unless that we be speidilie relieved be the vendition of the lands and uthers foresaidis, and to the effect that the samen may be sald and disponit upon for payment of the foresaids debtis and our releife therof sa far as the pryce will extend to, our humble petition is that your honors may be pleased to ratifie and approve the foresaids richtis granted be the said umquhile Sir Robert Spotiswode to me, the said George Home, declareing the samen to be sufficient and valide titles intymcomeing quherby to redeime the lands and uthers abonewrittin from the said Mr Johne Cant and his airs; with power to use the order of redemptione be vertue therof notwithstanding of the sentence of forfaltor pronuncit aganis the said Sir Robert; with power lykewyse to ws, the saids suplicants, to sell and dispone the lands, teindis and richt of reversion therof and uthers abonewrittin to anie persone or persones and for sick pryces as may be best had and agried upon therfore, and to grant and subscryve all necessar dispositions and alienatiounes of the samen. Quhilks disposition being sua subscryvit to the pairteis, buyers of the saids lands and others foresaids, that your lordships may be pleased to ordane his majesties thesaurer principall and deput and commissionars of exchecker to pas ane new signator and infeftment of the landis and uthers abonewrittin with a ratification of the disposition and assignation to the takis and richtis of the teindis of the samen in favors of the pairtie wha sall happine to buy the samen. Quhilk disposition, infeftment and ratificatioune sua to be made and granted salbe ane sufficient and valide right to the buyar, his airs and assigneyis, notwithstanding of the foresaid forfaltor pronuncit aganis the said umquhile Sir Robert. Lykeas we ar content to enact ourselfis that incaice anie greater pryce salbe gottine for the lands and uthers foresaids then the sowmes of money abonewrittin doe extend to, we salbe comptable therfore to the estates or ther committie, as the suplicatioune beirs. Quhilk suplicatioune and instructions therof being red and considered by that committie of parliament appointed for bills and suplicatiounes, they fand the foresaid suplicatioune and debts and sowmes abonewrittin therincontenit instructed, and inrespect therof in ther opinion thocht the desire of the suplicatioune abonewrittin reasonable and represented the samen to the parliament's consideration to be granted as they sould think fitt. Quhairupon report being made therof to the parliament, and the foresaid suplicatioune, with the committie's report abonewrittin, being publictlie red in audience of the parliament, the estates of parliament, eftir consideratioune of the said suplicatioune, with the desire therof and report abonementioned made be the committie for the billis theranent, they approve the said report and findis the desire abonewrittin of the said suplicatioune ressonable and grants the samen. And thairfore the saidis estates of parliament doe heirby ratifie and approve the foresaids richtis granted be the said umquhile Sir Robert Spotiswode to the said George Home and declares the samen to be sufficient and valide titles intymcomeing quherby to redeime the lands and uthers abonewrittin from the said Mr Johne Cant and his airs, with power to use the order of redemption be vertew therof notwithstanding of the sentence of forfaltor pronuncit aganis the said Sir Robert, and the estats grants lykwise power to the saids suplicants to sell and dispone the lands, teindis and richt of reversion therof and uthers abonewrittin to anie persone or persones and for sick pryces as may be best had and agried upon therfore, and to grant and subscryve all necessar dispositions and alienatiounes of the samen. Quhilks dispositions being sua subscryvit to the pairteis, buyars of the saids lands and uthers foresaids, the saidis estates ordanis his majesties thesaurer principall and deput or commissioners of excheqher to pas ane new signator and infeftment of the lands and uthers abonewrittin with ane ratificatioune of the disposition and assignatioune to the tackis and richtis of the teindis of the samen in favors of the pairtie wha sall happine to buy the samen. And alse the estats findis and declares that the foresaid disposition, infeftment and raticatioune sua to be made and granted salbe ane sufficient and valide rycht to the buyar, his airs and assigneys notwithstanding of the foresaid forfaltor pronuncit aganis the said umquhile Sir Robert Spotiswode. And inrespect of the premises abonewrittin, the estats ordanis the suplicants to enact themselfis that incaice anie greater pryce salbe gottin for the lands and uthers foresaids then the sowmes of money principall and annualrents respective abonewrittin extends to, the suplicants salbe comptable therfore to the estates of parliament and ther committie. According quherunto the said Sir David Crichtoun, Sir Johne Spotiswod, George Home and Mr Johne Skougall, suplicantis abonenamit, become acted and obleist themselfis to the effect before ordaned.