[1644/6/185]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, now presently convened by virtue of the last act of the last parliament held by his majesty and the three estates in 1641, whereof the tenor follows: My lords and others of the estates of parliament, to your lords humbly means and shows your lords' servant, Sir John Seaton, sometime of Gargunnock, knight, and Dame Margaret Hamilton, widow of the late Sir John Stewart, natural son to [James Stewart], duke of Lennox, and Mr George Brisbane, my factor and commissary for his interest, that where the said Dame Margaret Hamilton, my spouse, having right to a yearly duty of 4,000 merks money assigned and provided to her and payable out of the duke of Lennox's estate in Scotland yearly at Whitsunday [May/June] and Martinmas [11 November] by equal portions during her lifetime, the Whitsunday term [9 June] last is resting unpaid; and in respect the duke of Lennox is a malignant to the estates of this kingdom, his whole rents are ordained to be uplifted for the public use, and we being lawful creditors to whom he is indebted of the aforesaid yearly duty, therefore we humbly desire your lords to have consideration of the premises and to give order and warrant to the tacksman of the duke of Lennox's rents and estate to make payment to us or to our said factor and commissary in our name of the aforesaid yearly duty resting owed to us of the said term of Whitsunday last and likewise yearly and termly in time coming during the lifetime of the said Dame Margaret Hamilton, and your lords' answer, as the said supplication in itself purports. Which supplication being this day read in audience of the parliament and the same, with the desire thereof aforesaid, heard and considered by the estates of parliament, the said estates find the aforesaid desire just and reasonable, and therefore ordain the aforesaid duty of Whitsunday 1644 resting unpaid of the said yearly duty of 4,000 merks Scots money, extending the same duty of the term of Whitsunday to the sum of 2,000 merks, to be paid to the said Sir John Seaton and Dame Margaret Hamilton, his spouse, or to the said Mr George Brisbane, their factor and commissary in their name, and for their use out of the duke of Lennox's rents and estate in Scotland by Sir William Cochrane of Cowdoun, knight, tacksman of the same, and that out of the crop 1643 for the said term of Whitsunday 1644 and yearly and termly in time coming during the said Sir William Cochrane's tack and right and the said Dame Margaret Hamilton's lifetime, according to the right granted to her of the aforesaid yearly duty of 4,000 merks; and in respect hereof ordain the said Dame Margaret Hamilton and Sir John Seaton, her spouse, and their said factor having power from them, to assign the aforesaid duty of Whitsunday resting owed unpaid of the yearly duty of 4,000 merks above-specified, with such other subsequent years or terms of the same duty as shall be paid to them or to their factor by virtue of this ordinance, to the said Sir William Cochrane at the receipt and payment thereof from him for the use of the public, and that against the said duke of Lennox only who is the principal party obliged for payment of the aforesaid yearly duty, and in no way against the cautioner. And ordain the said Sir William Cochrane to transfer the right and benefit of the said assignation to be made to him to and in favour of William Thomson, commissary depute, for the use and benefit of the public.