[1661/1/204]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament be Alieson Kellie, lawfull daughter to the deceast James Kellie of Swanfeild, against Patrick Home of The Law, Mr James Scot and George Home in The Law, shewing that the supplicant is creditor to Patrick Home of The Law in great sumes of money, for security whairof, she had obtained decreit of generall and spetiall declarator thairupon, the said Patrick Home for avoiding the saids just and lawfull debts had often heirtofore, by himselff and the saids Mr James Scot and George Home in the Law, his compleices, alledged that he had discharges or bakbands, assignations or other writts for avoiding thairof, and had now, as the supplicant is informed, cause mak up ane false discharge whairin he maks the supplicant to have discharged him of all debts and, inrespect of the cessation of the ordinary course of justice, the direct maner of the improbation of the said false discharge might fall to the supplicant's heavie prejudice, and therfor, craveing ane warrand to summon the saids defenders to compeir befor the commissioners of parliament appointed for bills at ane certane day bygone, to have given their oaths anent the haveing of any discharge, bakband, assignation or other writs true or false granted be the supplicant, and to produce the same in thair presence, with certification if they failyie, they shall never make faith heirafter against the supplicant, and if any shall be produced that the writter and witnesses insert therin may be examined, that the same may remaine in retentis till they be cognosced befor the judge ordinar, as at more lenth is contained in the said supplication. Which supplication, being red in presence of the commissioners of parliament appointed for bills, after lawfull citation of all the saids three defenders be vertew of ane delyverance upon the said supplication, the said Alieson Kellie, supplicant, compeiring personally with Mr Thomas Wallace, her procurator, who for verefieing of the said supplication produced ane compriseing, led and deduced at her instance, against the said Patrick Home of certane husband lands in the Law and others, in payment to her of the sume of sex thousand, eight hundreth and seventie merks Scots of principall expences and byrun annualrents and of the sume of three hundreth [and] fourty three merks, sex shilling[s] [and] eight pennies of shirref fie correspondent thairto, dated the sext day of November 1657 yeers; with ane other appriseing led at the instance of Mr James Cheyne of Hugstoun, writter to the signet, against the said Patrick Home, dated the second day of March 1655 yeers, appriseing the saids husband lands from him in payment to the said Mr James of the sume of tuo thousand, tuo hundreth [and] seventie fyve merks, tuo shillings Scots as for the principall, and of the summe of ane hundreth and threttein merks, ten shillings of shirref fie correspondent thairto, with ane assignation be the said Mr James Cheyne to the said Alisone Kellie in and to the said appriseing and sums of money abovewritten thairincontained, with ane decreit of generall and spetiall declarator obtained at her instance as donator to the gift of the escheit of the said Patrick Home against the said Patrick and his tennents of the Law, and others, for payment of the maills and dewties of his lands in maner therinspecified, dated the tuenty fourt day of July 1658 yeers, which decreit is under the subscription of William Downie, then one of the clerks of the court of justice for the tyme. And the saids Patrick Home and Mr James Scot, defenders, compeirand also personally with Mr Alexander Spotswood, their procurator, all the rights, reasons and allegations of either of the saids parties, together with the writs forsaids produced for the parte of the said persewer, as said is, with the said Patrick Home his oath and declaration at the first taken in the said mater, with ane other declaration made be the said Patrick Home under his subscription of the date the tuenty one day of March 1661 yeers, whairby he declairs that he adheres to ane former disposition given be him in the said mater, and farder declared that he never saw that discharge lybelled, and that if any such wes it wes meerly granted for liberateing him out of prisson; and for further satisfaction to the saids estates of parliament he therby declared that he disclamed all discharges whatsumever written be the said Mr James Scot in his favours relateing to Alieson Kellie preceiding the date forsaid of the said declaration, with all benefite that might accresse therby and obleidged him never to make use thairof in judgement nor outwith and, upon his faith and conscience, declaired that he never saw the said discharge nor knew whither ther be any such thing or not, and utterlie disclamed the same, as said is, as the said declaration extant in processe more fully beares.
[This] with tuo declarations given in be the said Mr James Scot theranent, who wes at tuo severall tymes examined in the said mater, being all heard, sein and considered be the saids estates of parliament and, they therwith being well and ryply advised, his majestie, with advice and consent of the saids estates of parliament, hath reponed and heirby repones the said Alison Kellie, supplicant, against the forsaid pretendit discharge or any assignation, bakband or other write whatsumever forged, counterfit or made up be the said Patrick Home or be the said Mr James Scot, who ever be the writter thairof, which may any wise hurt the said Alison Kellie her tuo decreits of appriseing forsaid, anent the payment of the summs of money principall, annualrents and expences or sherref fie thairincontained, charters and infeftments following thairupon, or gifts of escheit and lyverent aforsaid of the said Patrick Home, decreits of generall and spetiall declarator or any other diligence following therupon or which might have followed upon the same, or which might prejudge her of any other rights of lands, tenements, goods or geir whatsumever perteaneing to her, and decernes and declares the forsaids pretendit discharges, assignations, bakbands or other writs forged and falsified, in maner forsaid, to be voyd and null and never to make faith in judgement nor outwith in tyme comeing. And inrespect of the scandalous cariage of the said Mr James Scot, ordaines him to remaine in prisson till further order, and als, inregaird of the contumacie of the said Patrick Home, decernes and ordaines him fugitive for ever, ay and whill the said Patrick give bak and deliver the forsaid discharge, bakband, assignation or other writs forged and counterfit alledged made be the said Alieson Kellie, in maner forsaid, and she be further secured theranent. Because the tyme of the discussing of the forsaid action, after that the said supplicant and her procurator in her name had past from the said George Home in this action, the saids commissioners of parliament appointed for bills, haveing examined the said Patrick Home and Mr James Scot, writter, upon the mater of fact, the said Master James Scot confessed he had written ane discharge of the tuo appriseings led at the instance of the said Alisan against the said Patrick Home his lands and estate, and of the summs of money thairincontained, and of the escheit and lyverent forsaid of the said Patrick Home, bot knew not if she got any money for the same and, haveing examined him therafter in the tolbuith of Edinburgh, they fand him materially alter and differ from his forsaid deposition. Lykas, the saids commissioners and subcommissioners, haveing examined the said Patrick Home at his lodgeing theranent, he declared that he gave no money for the forsaid discharge, and that it wes only intendit to bring him out of prisson at Berwick wher he then lay, and that he never imployed the said Mr James Scot nor non els, nor knew not who broght the same to him, lykas by the other declaration under the said Patrick his oun hand he had disclamed and altogether disallowed the forsaid discharge in maner abovementioned. [Therefore] with the which petition and writts forsaids produced for the said persewer, as said is, with the declarations forsaids of the saids Patrick Home and Mr James Scot and with the said Patrick Home his contumacie in not appeareing befor the saids commissioners or estates of parliament forsaid, till he wes fund at his lodgeing by the members of parliament who wes commissionat to take his declaration theranent, the saids estates of parliament, being well and ryply advised, they fand therby sufficient ground to infer decreit to be given in the said mater in maner abovewritten, and therfor they gave their decreit in maner abovementioned and ordaines letters etc.