[1644/6/195]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament, presently convened by virtue of the last act of the last parliament held by his majesty and three estates in 1641, whereof the tenor follows: My very honourable lords and others of the estates of parliament, to your lords humbly means and shows I, your lords' servant, John Graham of Panholes, that where in the month of June 1636 my mains of Panholes, with the places, houses, yards, orchards and park of the same being wadset to Andrew Graham of Panholes, servant to [James Graham], earl of Montrose for the sum of 7,000 merks and presently possessed by the said Andrew by virtue of the said wadset and continuously since then by the space of eight years, the redemption of the wadset being suspended by the contract of wadset for the space of seven years to the time of [...], as the said contract here present to show to your lords will testify; and the said sum of 7,000 merks [...] being thereafter arrested in my hands in January 16[...] long before the expiring of the seven years, during which years the redemption was suspended as said is, and at the instance of Mr John Adamson, principal of the college of Edinburgh, the said Mr John, in the month thereafter, having likewise obtained a decreet before the lords of council and session for payment of the sum of 3,260 merks against me for non-compearance, and also against the said Andrew who was likewise summoned to the said decreet and who only should have defended the said action and had promised to employ procurators for him and me to compear therein for that effect, but he being a malignant in service with the earl of Montrose and privately and secretly employed by him out of and in the country, and also being in possession of my lands, not caring what should be done in that particular matter, the debt being just, of purpose suffered a decreet to pass against himself and me, knowing that I only was to sustain the prejudice; but I being advised to suspend the said decreet by reason that the same was heritable and so not arrestable, and the decreet nether did bear neither could be a warrant to me to get the same allowed to me in part payment of the 7,000 merks contained in the wadset, and while I was using all means to get a suspension which by no means I could get against the said Mr John without consignation, and the said Mr John being advertised of the same did purchase caption against me, by virtue whereof I was apprehended and incarcerated in the tolbooth of the Canongate, where I remained for the space of three months to my great and heavy charges and hurt of my person, having contracted a lengthy disease and fever after my liberation, in respect of which I lay sick for the space of six weeks. So at last upon the [...] day of [...] last I was forced to suspend and consign for obtaining a sufficient warrant of the lords of session for payment of these monies for getting the same to be allowed in the 7,000 merks contained in the contract of wadset, and my lands declared to be lawfully redeemed in so far as concerned the 3,260 merks. Which suspension being discussed, the said lords of council and session upon the [...] day of [...] last found the letters orderly proceeded and ordained the sum consigned to be given up to the said Mr John, and that notwithstanding of the reasons thereof in respect of the decreet standing unreduced, reserving to me reduction of the same and ordained Mr John to find caution to refund if I should prevail in my said reduction. Which reduction I having thereafter intended and the said Mr John, hearing of the event, thereof intended a new process against me upon a posterior arrestment used by him since the first arrestment after the expiring of the seven years, and after a requisition made by Lillias Graham, spouse to the said Andrew, as having power and a factory to require me for payment of the said sum of 7,000 merks; and to the which process the said Lillias as factor aforesaid, not only by herself but likewise by Mr John Gilmour compearing and consenting for her and her said husband to the said decreet, likewise the said Lillias furnished to the said Mr John the said instrument of requisition whereupon he obtained the said decreet, by the which he was ordained to retain the said monies consigned and the same ordained to be allowed to me in part payment of the said sum of 7,000 merks contained in the said wadset, as the said three whole decreets also here present to show to your lords will testify. And so by payment of the said sum of 3,260 merks and annualrents thereof (of the said sum of 7,000 merks) since the date of the said consignation, extending to [...] money aforesaid, and also by the mails and duties of my lands which do now only properly belong to me by the said wadset, he being my vassal, the lands being only held by him of my late father and successor to whom I am heir, and as heir infeft in the said lands and through the said Andrew's being a year and a day at the horn, as the said contract of wadset and horning duly registered according to the act of parliament also herewith produced will testify, not only the said sum of 7,000 merks will be exhausted, but the mails and duties and portion of my said lands does now properly belong to me in manner aforesaid, and I ought in justice to be put in possession thereof. Notwithstanding whereof, the said Andrew Graham still retains the possession of my said lands, houses, orchards and parks, destroys the planting and daily lays the land waste to my great hurt and prejudice of more malice, he knowing how that in these troublesome times I cannot have the benefit of the law, the ordinary judges not sitting for the time. Therefore I most humbly beseech your honours to have consideration of the premises and that your honours would be pleased to grant me a warrant in these troublesome times to enter to the possession of the said lands, houses and others aforesaid, which in equity and justice pertains to myself for the reasons and causes above-specified, and which after account and reckoning will be found fully outquitted and redeemed from the said Andrew Graham. And I am content to make myself to be accountable to the said Andrew for whatever sums of money shall be found due to the said Andrew, and your lords' answer most humbly I beseech, as the said supplication purports. Which supplication being upon 11 July last read and the desire thereof considered by the committee appointed by the parliament, that committee ordained the said Andrew Graham to be warned by a macer or messenger of arms to have compeared and answered to the desire of the aforesaid supplication, which was accordingly done, and the said Andrew Graham summoned, personally apprehended by John Mitchell, messenger, to have compeared before the parliament on 19 June or before their committee, as the deliverance of the committee for bills and the execution of the citation according to that particular deliverance more fully purport; and now the aforesaid supplication being this day read in audience of the parliament and the same, with the desire thereof, heard and considered by the several bodies of the estates apart, the said estates of parliament have remitted and remit the aforesaid supplication and desire thereof above-written to the committee of estates residing at Edinburgh, and recommend the same to the said committee to do therein as they shall think fit and expedient.