[A1640/6/2]*[print] [email] [cite] [preceding] [following]
Act in favour of Sir John Hamilton of Redhouse against Sir James MacGill of Cranstoun-Riddel, knight
In the parliament held at Edinburgh, 11 June 1640, the estates of parliament, presently convened by his majesty's special indiction and authority, having taken to their consideration the desire of the supplication given in to them by Sir John Hamilton of Redhouse, knight, craving warrant to that committee of the estates which is appointed to reside at Edinburgh to take the oath of verity of Sir James MacGill of Cranstoun-Riddel, knight, one of the lords of session, upon the claim to be given in by the said Sir John Hamilton against him for certain great sums of money due by him to the said Sir John, in respect that the said Sir John had no other probation but only the oath of his party, and that he may be defrauded thereof by the decease of his party before the giving of his oath, which cannot now be received before the ordinary judge in respect of the present troubles, as the supplication purports. The said estates have remitted and remit the foresaid pursuit and claim of the said Sir John Hamilton against the said Sir James MacGill of Cranstoun-Riddel for the sums of money acclaimed from him by the said Sir John Hamilton and the taking and receiving of the said Sir James MacGill, his oath of verity and declaration thereupon, to the foresaid committee of estates who are appointed to reside at Edinburgh by commission and warrant of this present parliament; and give and grant full power, commission and warrant to the said committee of estates to the effect above-written, and to determine and give forth their decreet and determination between the said parties in the said matter accordingly as the said committee, after receiving of the said Sir James MacGill's said oath of verity and declaration as said is, and after consideration and advising of the same oath and declaration, shall find just and equitable, according to the claim to be given in by the said Sir John Hamilton before them and to the oath and declaration to be given by the said Sir James MacGill thereupon.
[A1640/6/3]*[print] [email] [cite] [preceding] [following]
To your lordship and commissioners of shires and burghs, humbly represents I, your servant Master William Cunningham of Brownhill, that where upon the 23, 24 and 25 April the said George Buchanan, fiar of that Ilk, came to a room pertaining to me heritably within the parish of Drymen, called Keptulloche, and with 24 plows daily has cultivated the said room and sown and harrowed the same, intending thereby to put himself in possession thereof in a violent manner. Likewise he has these 12 months bygone constrained my tenants of five or six other rooms lying within the parish of Balfron to make payment to him of their mails and duties most unjustly without any right or title. For the which the said George, being called before the secret council, did not appear but became rebel and so continues as yet. And seeing such violent courses (if they be tolerated and permitted) cannot but produce confusion and break of our union, therefore I beseech your lordship to take the same to your consideration and to provide such remedy therefore as you shall think expedient. And your lordships' answer.
[A1640/6/4]*[print] [email] [cite] [preceding] [following]
Dryhope's supplication
My honourable lords and estates of parliament, to your lords and honourable worships humbly means and shows I, your servant, Robert Scott of Dryhope, that where I was distressed about four years past or thereby by my predecessors' burdens in the sum of 24,000 merks or thereby, and showing my distress to John [Stewart], earl of Traquair, my kinsman, he persuaded me to sell to him my whole lands of Dryhope, Ferminghope and Kirkstead, which lands lie next adjacent to his lordship's lands in the Forest of Ettrick, which lands pay yearly 4,000 merks or thereby, so that by distress, threatening and persuasion I was forced to convey my said lands to his lordship upon the promises and conditions following, namely: that his lordship should first pay my whole debts to my creditors and to report their sufficient discharges to me, whereof he received then an inventory from me to that effect and promised so to do, and faithfully promised after my debts were paid to give me the whole value of my lands, and in the meantime to give me yearly the sum of 200 merks money yearly until my debts were paid of the first and readiest of my mails and duties, and to obtain me a lieutenant's place to go to Germany. On these fair words and promises the said John, earl of Traquair has held, possessed and taken up yearly the mails and duties of my said whole land of Dryhope, Ferminghope and Kirkstead, extending to the sum of 4,000 merks or thereby. At the subscribing of the which disposition of my whole lands, the said noble lord gave me in hand 700 merks money, caused convoy me to Leith, where Captain Robert Rutherford was, who was brother and sister children together with the said noble earl, who for the present accepted of me and faithfully promised to make me his lieutenant and to give me the due and full benefit of such a place; caused convoy me and put me aboard in the ship lying in this firth and immediately, so soon as it was possible, caused her to remove (until he was ready) up to Queensferry, where he caused put me underboard and enclosed me in the said ship, among the common soldiers and would not suffer neither kinsman nor friend to come in and speak with me, took me off the country to Germany and there used me worse than any other common soldier, through which I was forced shortly thereafter to leave him and took me to serve as a gentleman in the company of Colonel George Leslie, where I served him four years, as his pass under his hand will testify. At which time, I hearing my country under danger and distress, and being coming home in April last with a number of gentlemen and commanders for defence of the good cause and our country, we were taken, where we were spuilzied, incarcerated and warded, yet through the providence of God I went away (and they remain there still as yet, as is well-known), expecting at my homecoming that the said earl had paid my whole debts and to have received from Master James Scott of Hakbra, my factor, the sum of 800 merks money to have maintained and clad me, in addition to the just value of my lands, according to his lordship's promise as said is. And albeit his lordship has intromitted with the full duties of my said whole lands above-specified these four years bygone, extending to the sum of 16,000 merks or thereby, yet nevertheless I lie as yet under the danger of my creditors in that same case as I was before the conveying of my said lands, so that his lordship has neither paid my whole debts, nether has he nor his factors and chamberlains given nor will not give to me nor my factors the said sum of 200 merks money yearly, nor yet has advanced me to the benefit of a lieutenant's place, nor is minded to give me the value of my lands after he has received now 16,000 merks or thereby of bygone duties of my said lands, so that my creditors threaten me daily to incarcerate me and put me in ward. Whereby your lords and honourable worships may perceive that his lordship has never kept no kind of condition to me, neither first nor last, but minds still to hold and possess my said whole lands and take up the duties thereof as said is yearly, most wrongfully and unjustly, as is notorious and manifestly known to the whole country to my utter overthrow, extermination and utter ruin, unless your lords and honourable worships provide remedy as is alleged. Therefore, I most humbly entreat and beseech your lords and worships to have consideration of the premises and take such order concerning this as your honourable lords and worships shall think most reasonable and expedient, so that by your lords' permission I may have full regress in and to my own lands, repossessed therein, take up my own mails and duties to the effect my creditors may be satisfied and paid, and the remainder of my estate or whatsoever duty or service your lords and worships please to impose upon me, either of cavalry or infantry, I shall be most willing and ready to undergo, wear and spend ever to the hazard of my life and all for the maintenance of the good cause and country, and otherwise to do and obey your lords in all things as your lords and honourable worships shall find to be most expedient and lawful according to equity. And your lords' and honourable worships' answer most humbly I beseech.
11 June 1640
Read and voted in parliament and remitted to the committee.
[Robert Balfour, lord Balfour of] Burleigh, president, in presence of the lords of the parliament