[1661/1/171]*[print] [email] [cite] [preceding] [following]
Anent the supplication and lybell given in and pursued in parliament by George Murray, sonne lawfull to the deceast Patrick, lord Elibank, and cessioner and assignay underwritten constitute be William Murray, his brother, against William, earle of Lothian, shewing that the said William Murray, brother to the supplicant, haveing been in the yeer 1648 imployed in his majesties' service as ane officer under the comand of Williame, then earle of Lanerick, therafter duke of Hamiltoun, he, conforme to and in obedience of the lawes and acts of parliament and to the command of his superior officer, haveing made his levey of ane troup of horse within the locality appointed for that effect, thairafter the haill souldiers being disbanded, and amongst the rest the supplicant's brother's troop, who reteired peaceably to their oune houses with thair horses and armes conforme to the capitulation made at Stirline, whairby assureance wes given that none who wer accessory to that service (provyding they disbanded at the tyme therby appointed) should be anywayes challenged in their persones and estates for or in relation to their engadgement therin, neverthelesse William, earle of Lothian, upon pretext of ane act of the pretendit committie for the tyme dated the verie day after subscryveing of the said capitulation, ordaineing the officers and souldiers who had receaved any horses or money for horses for carieing on the said Engadgement to restore the same or to give bak the money to those who had outreiked the same, expreslie contrare both to the act of parliament and articles of capitulation, haveing thairupon threatned the supplicant's brother for payment of what he had receaved for advanceing of the said levey, he wes necissitat to pay the summe of nyn hundreth merks Scots money as the price of sex horses receaved from the said earle and his tennents in Tiviotdale, whairupon the said earle granted to the supplicant ane ticket of recept and discharge dated the 26 Junij 1649; to the which sume of nyn hundreth merk[s] with the annualrent thairof since the moneth of Junij 1649 and to the said ticket of recept of the same, haill benefite, proffite and commoditie thairof, with all that had followed or might follow thairupon, the said William Murray be his assignation subscryved with his hand of the date the nynt day of March last bypast, for the onerous cause thairin contained, had made and constitute the said supplicant his undoubted cessioner and assignay, which sume his said brother cedent forsaid, haveing been most injustly forced to pay against the standing lawes and articles of capitulation, the same ought now in justice to be refounded to him as cessioner and assignay with the interest thairof since the said moneth of Junij 1649; and therfor, craveing that the said William, earle of Lothian might be decerned to pay to the supplicant, as assignay abovewritten, the forsaid sume of nyn hundreth merks with the bygone interest thairof and in tyme comeing dureing the not payment thairof, as at more lenth is contained in the said supplication. Which supplication, being read in presence of the saids commissioners of parliament appointed for bills and tradeing, to whom the said mater wes refered, the said supplicant, being personally present, who for verefieing of his said lybell produced in thair presence the forsaid discharge and assignation of the dates, tenor and contents abovewritten, and the said William, earle of Lothian, defender, being lawfully summoned to this action oftentymes called and not compeirand personally, bot be ane missive letter direct to the Lord Cochrane, president to the saids commissioners for bills, acquainting him with the forsaid persute and desyreing that he might be declared frie of the annualrent, and that he might have ane compitent tyme allowed to him for payment of the principall summe together with ane information in the cause to the same purpose containing some arguments, both for ane continuation and against the payment of the annualrent, his majestie and estates of parliament, having heard, seen and considered the said supplication or lybell with the forsaid discharge and assignation of the dates, tenor and contents respective abovewritten produced for the pursuer, as said is, with the forsaid missive letter and information produced for the defender in maner abovementioned, with the report of the saids commissioners of parliament appointed for bills given in to them theranent, and being therwith well and ryplie advised, his majestie, with advice and consent of the saids estats of parliament, decernes and ordaines the said William, earle of Lothian to mak payment to the said George Murray, supplicant, as assignay forsaid of the said principall sume of nyn hundreth merks, with the ordinary annualrent thairof since the moneth of Junij 1649 yeers and in tyme comeing, dureing the not payment of the principall sume, becaus the points of the said bill being fund relivant be the saids commissioners, and admitted to the said persewer his probation (after that the said defender wes lawfully summoned to have compeired and defended in the said mater) the said pursuer instantly verefied the said lybell in sua far as wes necessary to infer decreit to be given against the defender, in maner forsaid, be production of the forsaid discharge and assignation and repetition of the forsaid articles of capitulation, and act of the committie of estates of the dates, tenor and contents respective abovewritten, as wes cleirly understood to the saids estates of parliament, inrespect whairof, and that the said defender, neither by his missive letter nor information be way of defence therwith produced, shew any reasonable cause either against the payment of the principall summe or annualrent, they gave their decreit in maner abovewritten, and ordaines letters etc.