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Act in favours of Alexander, erle of Eglentoun and Colonell Robert Mongomrie, his sone
8 Junii 1650
At Edinburgh, the aucht day of Junii jM vjC fiftie yeires. The estaittes of parliament, now presentlie convenit in the fyft sessioun of the secound trienniall parliament, heaveing takin to thair consideratioun the supplicatioun geivin in be Alexander, earle of Eglintoune etc. and Collonell Robert Montgomrie, his sone, makand mentioun that quhair the said Alexander, earle of Eglintoun wpon the last day of December jM vjC fourtie four yeires, being assigned to the fyne imposed wpon the earle of Forth in pairt of payment of the sowmes of money dew to him be the publict, was wpon the earnest intreattie and full assuirance geiven by parliament (of speiddie and effectuall payment of the wholl sowmes dew to him by the publict) moved and induced to suffer ane act of parliament pas in favoures of the earles Kinghorne and Erroll, preferring thame to the said assignement notwitstanding of the said earle, his richt, yet nevertheles, and of manie actes of parliament and committee of estaittes since and of befoir grantit in the said Alexander, earle of Eglintoune, his favoures, he heath beine altogidder frustrat and dissapoynted of payment and heath never as yit receavit any satisfactioune. And the said noble earle heaveing alse adressed himselff to the parliament in Mairch jM vjC fourtie nyne yeires, the estaittes of parliament, for payment and satisfactioun of the foirsaides sowmes, be thair act did ordaine the said noble earle to be payed of the sowme of threttie thowsand, four hundreth threescoir and sexteine merkes as ane pairt of the sowmes dew to him by the publict, with the annuelrent thairof since Witsonday jM vjC fourtie aucht yeires during the not payment thairof, out of the first and reddiest of any moneyes to be borrowed for the use of the publict, and the said noble earle, finding that way also to prove ineffectuall, togidder with the said Collonell Robert Montgomrie, his sone, did thairefter also adres themsellfes to the committee of estaittes for payment of the foirsaids sowmes, who, by thair act of the dait the tuentie nynt day of Januar last, did ordaine the saids supplicantes to be satisfied and payet out of the fynes of [...], lord Napper, the lairdes of Amisfeild and Cromlix as the most effectuall way that could be fund out at that tyme, althought thair was bot verrie small appeirance of the said Lord Napper, his contraventioun at that tyme; and now seing the said Lord Napper is to be fyned at this tyme for his accessioun to the lait invasioun of this kingdome, and that the saids supplicantes hes richt thairto be the foirsaid act, it is thairfoir the saidis supplicantes humble desyre that the estaittes of parliament wald be pleased now, in respect of thair lang lyeing out of the foirsaids sowmes and of the manie preceptis and actes of parliament which heath hitherto provin ineffectuall, and to assigne the said noble earle to the foirsaid fyne and ordaine him presentlie to be payed of the foirsaid sowme of threttie thowsand, four hundreth thriescoir sextein merkes, with the annuelrent thairof since Witsonday jM vjC fourtie aucht yeires and in tyme cuming during the not payment of the said principall soume out of the first and reddiest thairof, as also the said Collonell Robert Montgomrie, who hes richt thairto, also may be payed of whatsoever sowmes is dew to him by the publict, and to ordaine the procurators of estait to prosecuit the proces against the saids [...], lord Napper and the lairds of Amisfeild and Cromlix quhairby thair proces may be discussed and decernit, and creaves that the actes and assignementis maid in thair favoures may be maid effectuall to the saides suplicantes, as at mair lenth is contenit in the said supplicatioun. Quhilk suplicatioun and desyre abowewrittin, being takin in consideratioun be the saides estaittes of parliament, the saides estaittes of parliament, after reading and hearing of the said suplicatioun, ratifies and approves the foirsaid assignement maid in favoures of the said Alexander, earle of Eglintoun and Collonell Robert Montgomrie, his sone, be the committee of estaittes, and sicklyke the saides estaittes of parliament remittes and recommendes to the said committie of proces and fynes to goe on with all exact diligence against the saids [...], lord Napper and the lairdes of Cromlix and Amisfeild for payment making of the foirsaides sowmes of money principall, annuelrent and expenses dew to the said Alexander, earle of Eglintoune, as lykwayes for payment making to the said Collonell Robert Montgomrie of what sowmes of money he sall instruct to be justlie restand awand to him; and for moir speiddie and effectuall payment of the foirsaidis sowmes, the estaittes of parliament geives power and warrand to the saides procurators of estaitt to intent actioun againes the saids [...], lord Napper and the lairdes of Cromlix and Amisfeild befoir the said committie of proces and fynes, and to prosecuit the samin with all exact diligence against thame, to the effect the saidis suplicantes may be fullie satisfiet of thair saids sowmes as said is. Extractum de libris actorum parliamenti per me.
A. Johnston, clericus registri