[1661/1/125]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, haveing at lenth heard, seen and considered a supplication presented unto them by David Carnagie of Craig, shewing that Sir Alexander Carnagie of Pittaro, the supplicant's uncle, haveing ane ey to the supplicant's estate and takeing advantage of his simplicitie, did instigat his creditors to threaten him with all rigor possible, and obleidged them to accept of no satisfaction bot either present payment in money (which wes impossible) or the said laird of Pittaro as cautioner, and the supplicant doubting nothing of any underhand dealling, entreating him to engadge as cautioner, which so much desired imployment he accepted, bot doubtlesse he who wes never cautioner for the supplicant's father nor any other, and so great ane improver of his estate would not have undergone, for no sooner wes he engadged bot he urged the supplicant, by severall meanes, to condiscend to ratifie ane old tailyie past betuixt the deceast David and James, now earle of Southesk, and the supplicant's father, and not satisfied with that advantageous condiscendence, to which as ane thing destructive to the supplicant's interesse, nothing could have moved him but most urgent necessity, haveing gotten the charter of tailyie for extending the ratification, and the supplicant three or four moneths therafter, upon invitation, comeing to pay a visite at Pittaro, the said Sir Alexander most fraudulently imployed ane other then wes imployed and appointed for drawing the said ratification whom he entreated, that seing tailyies (to which the supplicant had onlie condiscendit) wer easily enfringed, therfor to draw up ane absolute disposition of the supplicant's whole estate to Pittaro, younger, without reservation, exception or provision whatsover, and to make the pretendit onerous cause to be for one hundreth thousand punds alledged payed to the supplicant, and then they, contrare to the lawes of nature and hospitality, haveing drunke the supplicant almost asleep, removed all others out of the roum, most treatcherouslie entised the supplicant to subscryve the said simulat disposition, swearing it wes nothing bot the ratification condescendit upon, then it wes caried by Pittaro younger without gates to three of his father's servants who subscryved as witnesses, albeit they wer not ey witnesses to the supplicant's urged or pretendit subsciription, one of which witnesses lay of a broken leg at the West Barnes. As also, Pittaro younger threatned the supplicant's servant for refuiseing to subscryve the same as witnesse, knowing it to be a cheat seing he would not permit him to reade it, and the said Sir Alexander's fraud appeared the more in that he being haeres alioqui successurus would not take the same in his oune persone bot his sonne who, being minor and not haeres could not be affected with any burden, of purpose to defraud the supplicant's lawfull creditors, and to enervat any provision due to the supplicant's ladie, sister and childreen, therby to extinguish all memorie of his familie. Lykas, the pretendit onerous cause wes most false inrespect ther wes never one farthine promised, payed nor engadged for, and it could never be conjectured that a minor in familia paterna either had or could have had such ane great summe, so that the said fraudalent disposition wes only intendit to wrest the supplicant's estate out of his hands without any onerous or just cause, which no man, unles he had been circumveened, would have subscryved unto; [and] which disposition (if not reduced ex capite fraudis and the supplicant put in statu quo prius) will undoubtedly expose the supplicant, his ladie and family to extreame beggirie. Thairfor, craveing that warrand might be given to cite the said Alexander Carnagie of Pittaro and David Carnagie, his eldest sonne, as also the writter and subscryveing witnesses of the said pretendit disposition, to appeare befor the honorable estates of parliament at a certane day, bringing with them the aforsaid fraudalent disposition with all other writts that had followed thairupon to be seen and considered be them and to heare and sie the same reduced, and to have been from the begining and to be now and in all tyme comeing, null and of no effect, and themselffs punished to the terror and example of others to commit the lyk fraud in tyme comeing, and that the supplicant might be put in statu quo prius to the effect he might be capacitate to satisfie his lawfull creditors and provyde for himselff, ladie, sister and familie, as the said supplication beares. [Which] with a report made and given in be the lords and others appointed for bills and tradeing, beareing that they, haveing at lenth considered the complaint given in be the supplicant with the ansers made thairto be the laird of Pittaro, replyes, duplyes and whole dispute extant in processe, and haveing seen the principall disposition lybelled and complained upon, with the double of the minute of contract past betuixt the supplicant and the laird of Pittaro, elder, and haveing considered the declarations of the parties, writter and witnesses, and finding that the laird of Pittaro, elder, though he gave order for writeing of the said disposition, and that the same wes subscryved to his knowledge in his oune hous, yet that he wes not witnes to it, and that those who wer witnesses have varied and contradicted themselffs in their declarations concerning the same, and that it doth not appeare that ever the same wes read or knoune be the supplicant befor he subscryved it, and that the narrative of the disposition beareing that ther wes one hundreth thousand punds delivered to and receaved be the supplicant for the same, is false, it being acknowledged be Pittaro, younger, himselff that ther wes not any money given for it, the saids commissioners did find that ther had beene much unstraight dealling in the bussinesse, and that the supplicant had been circumveened at the granting of the said disposition, thairfor conceaved that the said disposition and minute aforsaid, with all that had followed thairupon, should be declaired null and redelyvered up to the supplicant to be cancelled, and he put in the same condition he wes in and have the same power of the disponeing as he had befor the makeing thairof, and that the supplicant should be decerned to relieve the laird of Pittaro, elder, of any engadgements or debts he hes undertaken for him since the granting of the said disposition as the said report beares. Which report and supplication, being seriously considered be the saids estates of parliament and they therwith being well and ryplie advised, his majestie, with advice and consent of the estates of parliament, hes approven and approves the same report and ordaines the said disposition to be given up to the supplicant by the clerk of the processe, as also the sasine and all that hes followed therupon be the lairds of Pittaro, elder and younger, together with the minute of contract aforsaid, and declares the said disposition, with all that hes followed therupon, together with the said minute of contract, voyd and null in all tyme comeing, and lykwayes ordaines the said David Carnagie of Craig to releive the said laird of Pittaro, elder, of all debts and summs of money for which he hath engadged for the supplicant since the granting of the said disposition, and ordaines letters etc.