[1661/1/126]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, haveing at lenth heard, seen and considered a supplication presented to them be Jeane Dalmahoy, relict of the deceast Alexander Hammilton of Bining, and Major Francis Forbes, now her spous, for his enteresse, shewing that the supplicant, in tyme of her widowheid, haveing set the lands of Eister Bining, Oatrig, Pardovan and others contained in her lyverent rights in tack to William Hamiltoun,† now of Bining, for the summe of tuo thousand merks yeerly, being of yeerly rent worth three thousand merks Scots, with ane expresse clause irritant that incaice the said William sould failyie for tuo yeers together in payment of the forsaid tack duety, the said tack should be null and that it should be leisome to her to enter to the possession of the forsaids lands, without any action or sentence of declarator whatsoever and that, notwithstanding thairof, the said William had failled in payment of the said tack duety be the space of four yeers, wherby the supplicants are redacted to extreame misery and utterlie deprived of any subsistence, and withall the said tack in itselff became voyd and null; therfor, craveing that the said tack might be declared to be fallen so that the supplicants may enter to the possession of the forsaid lands at thair oune hands, and for that effect that the said William might be decerned to find cautione to leave the same voyd and red at the terme of Witsunday next, as the supplication beares. [And this] with a report made and given in be the lords and others appointed for trade and bills, beareing that upon consideration of the said supplication and tack therwith produced of the contents abovementioned, dated at Edinburgh, the 21 of February 1653 yeares, after heareing of both parties therupon, notwithstanding of any thing alledged or contained in the reasons given in be the defender, conceaved that the said tack should be declared null, and that it should be declared leisum to the supplicants to enter to the possession of the saids lands at thair oune hands, and that the said William should be decerned to find caution to leave the same voyd and red at the terme of Witsunday next to the end the supplicants may enter thairto in peace, and that they should be referred to the judge ordinar to persew for the byruns of the said tack duety, as the said report also beares. Thairfor his majestie, with advice and consent of his saids estates of parliament, have approven and approves the same report and accordingly declares the said tack to be voyd and null, and ordaines the supplicant and her husband to be possest in the forsaids lands of Eister Binnie, Pardovane and Aitrig with the maner places, houses, yeards, orchyeards with thair whole pertinents and remanent lands contained in the tack, and that at the terme of Witsunday next, and for that effect ordaines the said Williame to find sufficient caution to leave the saids lands with maner place, houses and pertinents, and others forsaids voyd, to the end the said Jeane Dalmahoy and her said spous may enter thairto in peace at the terme of Witsunday next, reserveing alwayes to the saids supplicants action to persue for the byruns of the said tack duety befor the judge ordinar, and ordaines letters etc.