[1645/1/214]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, having given commission and warrant to Robert [Balfour], lord [Balfour of] Burleigh, James [Elphinstone], lord Coupar, John Brisbane of Bishopton, Hugh Campbell of Cessnock, John Semple [of Stainflett], burgess of Dumbarton, and William Glendinning [of Gelstoun], burgess of Kirkcudbright, for hearing and examining John, earl of Traquair anent these monies claimed from him as owing by him to [Robert Dalzell], late earl of Carnwath, and they having accordingly met and having heard and examined the said John, earl of Traquair relating thereto, they this day produced in parliament their report underwritten, namely: The lords and other commissioners aforesaid, having demanded the said earl concerning these monies acclaimed from him as owing by him to the late earl of Carnwath, he did ingeniously and clearly declare that he had received from Sir John Dalzell of the late earl of Carnwath's monies 37,000 merks Scots, whereupon he then subscribed and delivered to the said Sir John Dalzell a bond for repayment thereof to the late earl of Carnwath at the term contained in the bond, which was about the time of the process against him at the instance of Sir John Ruthven. As also he showed and made clear to the lords and others aforesaid these grounds: whereupon in law as he assuredly thought in his judgement he could clearly liberate himself of the payment of the sum against the Lord Carnwath or any private party having right from him, and thereupon forbade his factors from paying any further annualrent; but in respect that the estates found themselves interested in this sum, he would not contest nor adhere to any legal defence but pay the same as the estates should appoint at such a competent time as they should think fit to grant. Which, in respect of the 40,000 merks that he has presently to pay to the estates for himself this night or the morning, he hopes the estates will grant him some reasonable time or terms to pay the other sum of 37,000 merks, and represents to the estates that he may be secured relating thereto at all hands whatsoever that he be not hereafter troubled for repayment thereof in whole or in part. This being considered by the committee, they in their opinion think the declaration clear and that the grounds related by the earl of Traquair might have consideration and weight in law against the late earl of Carnwath or any private party having right from him, but because the earl of Traquair adheres not thereto because the estates find themselves interested in this sum, the committee think that the earl of Traquair should be sufficiently secured upon the payment of the sum acknowledged by him from all further payment thereof, which in their opinion should be an act of parliament in his favour relating thereto for the estates' part and be a discharge granted by this earl of Carnwath upon receipt of the sum, with absolute warrant to the earl of Traquair for the same against all persons and at all hands whatsoever, seeing that this sum comes to his use and liberates him for as much, as the report bears. Which report being read in audience of the parliament and being debated, heard and considered by the estates of parliament, they after voting decree and order the said John, earl of Traquair and John [Stewart], lord Linton, his son, as cautioner for him jointly and separately, to make payment to Gavin, now earl of Carnwath, lord Dalzell of the aforesaid sum of 37,000 merks Scots money contained in the report above-written at the term of Whitsunday [25 May] 1645, upon a discharge to be made and granted, subscribed and delivered by the said Gavin, now earl of Carnwath, lord Dalzell to the said John, earl of Traquair and John, lord Linton upon the receipt from them of the sum above-written containing absolute warrant by the said earl of Carnwath to the earl of Traquair and Lord Linton for their exoneration anent the payment of the aforesaid sum and of the bond granted by the earl of Traquair for payment thereof and of all execution that may follow upon the said bond and upon this decreet at all hands and against all persons as law will, which discharge the estates of parliament find and declare to be a sufficient discharge and exoneration to the said John, earl of Traquair and Lord Linton for the said sum and bond granted thereupon and this present decreet at all hands as said is; and the estates declare that this present decreet given against the said John, lord Linton as cautioner for the said John, earl of Traquair, his father, shall be as sufficient against him to the effect before determined as if he were major of the age of 21 years complete and that he shall never be heard to quarrel nor impinge the same upon the reason of his minority, for the which the estates hereby dispense; and order letters to be directed hereupon at the instance of the said Gavin, now earl of Carnwath, lord Dalzell for payment to him of the sum above-mentioned at the term above-written upon a simple charge of six days only without any further requisition or premonition to be made by him to the said earl of Traquair and Lord Linton.