[1645/1/176]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament in the first session of this parliament in July last by Alexander Noble, son to the late Alexander Noble of Winkston, merchant burgess of Edinburgh, and renewed in this session of parliament by him against William Smith and John Arthur, merchant burgesses of Edinburgh, whereupon they were both summoned by virtue of the first and second supplications personally apprehended to have compeared before the parliament and committee of parliament appointed for bills and supplications at various days bygone for restoring the supplicant against a bond of interdiction, dated 5 July 1642 and registered the 14th day of the same month and year, whereby he interdicted himself to the said William Smith and John Arthur and the late William Fisher, merchant burgess of Edinburgh, as the said bond and interdiction of the date aforesaid in itself at more length bears, and against the letters of publication raised thereupon, dated 19 July 1642 and executed at the market cross of Edinburgh by Alexander Campbell, messenger, upon 19 July the year of God above-written and registered in the register of hornings and inhibitions the aforesaid day, month and year, and for renouncing and discharging the aforesaid bond and interdiction with the letters of publication thereof and executions of the same whereby the supplicant may do all deeds competent under the law for managing his affairs likewise and in the same manner as he might have done before the making of the bond of interdiction, as the supplications at more length bear. Which supplications and parties aforesaid, after they were twice personally summoned to the effect above-specified and after the said William Smith was warned by one of the macers of parliament to have compeared and answered for his contempt and disobedience of the citations, being upon 27 February last called in presence of the committee of parliament appointed for bills and supplications, the said Alexander Noble, supplicant, compeared personally and the said William Smith and John Arthur also compeared as the only ones still alive to whom the supplicant is interdicted, and after reading of the supplications, the said William Smith produced the aforesaid registered bond of interdiction with the extract of the letters of publication and execution thereof, and thereupon he and the said John Arthur being asked what they had to allege against the desire of the supplication to which the supplicant should not be restored against the aforesaid bond of interdiction, they neither showed nor alleged any cause against, but on the contrary the said William Smith and John Arthur, personally present before the said committee, have renounced the aforesaid bond of interdiction with the letters of publication raised thereupon and executions thereof and consented that the said Alexander Noble, supplicant, be restored. Whereupon the said committee upon the said 27 February last did, with consent of the said parties compearing, and in respect that the said late George Fisher, the third interdictor, was now declared to be dead, restore and then restored the said Alexander Noble, supplicant, against the aforesaid bond of interdiction and against the letters of publication and executions thereof raised and executed thereupon, and they discharge the same and declare the supplicant free thereof that he may do all deeds of the law competent for his affairs and managing thereof in time coming likewise and in the same manner as he might have done before the making of the said bond of interdiction, and notwithstanding thereof and of the letters of publication and executions of the same letters raised and executed upon the same interdiction in time coming as said is. Which being this day reported in audience of the parliament, the estates of parliament approve the decreet and determination above-specified of the said committee and do hereby interpose the authority of parliament thereto and order the same to have the strength and force of an act of parliament.
[1645/1/177]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by Mistress Anna Henderson, widow of the late Lieutenant Colonel Henderson, bearing that her late husband for the love and affection he carried to his country and the cause in hand deserted his majesty's service and took service here for the parliament, whereby he did lose the whole bygone arrears due to him by his majesty amounting to £40,000 and above, and after he had served five months in the country's service he was killed at the storming of the walls of Newcastle, there being owing to him five months' pay at 300 merks per month, extending to £1,000 Scots, through which she and her children are deprived of all earthly means, her husband's life being the only means of their subsistence; and therefore desiring that the estates of parliament would be pleased favourably to take the supplicant and her fatherless children into consideration as they may be made aware of their bounty and liberality towards her and her children, as her late husband's death may be in some kind compensated and other officers of fortune who are in the country's service may be encouraged to go on in the same courage and resolution as her late husband did, as the supplication purports. Which supplication being heard by the committee appointed for the losses, killed and lame soldiers and the same, with the opinion of that committee anent the supplicant's desire, which is that the committee thought fit that the supplicant should have the bygone arrears due to her late husband extending to £1,000 Scots for five months' pay of 300 merks per month after accounting with [Sir Adam Hepburn of Humbie], commissary-general, and his deputes relating thereto and remitted any further recompense for the want of her husband to the consideration of the parliament, being this day reported from the said committee and read in audience of the parliament, the estates of parliament approve the aforesaid report and interpose the authority of parliament thereto, and ordain the commissary-general and his deputes to make payment to the supplicant after account of the bygone arrears due to her said late husband, extending as the supplication bears to £1,000 Scots of five months' pay at 300 merks Scots for the month, for the which this act shall be a sufficient warrant.