Judicial proceedings: decreet
Decreit [for] Robert Hamilton against the shire of Lanerick

Our soverane lord and estates of parliament, haveing considered a supplication presented unto them by the widow and childreen of the deceast Quintein Hammilton of Barncleuch and Robert Hammiltoun, one of the clerks of session, his brother and assignay constitute by him to the sumes of money underwritten, showing that the said deceast Quintein Hamiltoun, being appointed captane of the castle of Evendale and in discharge of his trust, haveing repaired the same and furnished it with all warlike furniture and provisione, conduced souldiers and officers and mantained and defended the same (conforme to his majesties' severall letters and orders) against the common enemie, for the most parte upon his oune charges and expences for the space of tuelve moneths and upwards, inregaird all his majesties' orders issued out for mantenance thairof wes almost rendered ineffectuall be reason of the enemies constant lyeing in these quarters; which his majestie, takeing to consideration at his passing by into England in anno 1651 and that the said Quintein had payed duelie all the souldiers, his majestie and committie of estates then present at Lanerick Mure did (but prejudice of his former order) ordeane and appoint tuo monethes' mantenance of the shire of Lanerick to be instantlie payed to the said Quintein, in maner mentioned in the said act, dated the second day of August 1651, conforme to the which the committie of the shire, haveing met and being sensible of the said Quintein his duetifull deportment in the said charge, did state the compt of the intertainment of the said garrisone for tuelve moneths tyme, and als haveing considered the said Quintein his payment thairof, and his other great charges upon the said garison in manner forsaid, they, conforme to his majesties' said last order, did proportion the saids tuo moneths' mantenance equallie among the heritors of the said shire and ordained the same to be payed to the said Quintein, in maner specified in the said act made therupon, dated the 28 day of the said moneth of August, but inrespect of the sudden and sad defate at Worcester, and of the fatall overthrow of his majesties' haill forces in Scotland, ane considerable parte of the said mantenance wes obstructed and is yet resting by certane persones, notwithstanding whairof the said garrison wes keeped and mantained by the said Quintein ane moneth and more therafter, which the supplicants, haveing represented to his sacred majestie since his returne, he wes graciouslie pleased to recommend the same to his hienes commissioner and estates of parliament their consideration, as the forsaid reference and former acts extant in the said mater more fullie containes; and therfor, craveing in consideration of the premisses and of the sad condition of the supplicants, the said Quintein being now deid of ane disease contracted in that service, and his estate much craized therby he haveing defended the same whill ther wes no forces standing and no hope of succour, that such as are resting their respective proportions of the saids moneths' mantenance might be ordained to pay the same to the supplicants, conforme to the former order, with the annualrent therof, and als that the said Quintein might be approven for his service and actings and the saids compts authorized, and that the remanent charges, expences and losses contained in ane accompt therwith produced, extending to the sume of ten thousand, fyve hundreth and threttie four punds, might be recorded as ane publict debt and that they might be recommendit to the king's most excellent majestie for payment thairof, and that all the other sumes of money due by the said shire might be hypothecat and set a parte for payment of the same, conforme to the former acts and ordinances. Which petition, being read and considered by the lords commissiors of parliament appointed for bills, they ordained the commissioners of parliament for the said shirreffdome of Lanerick to sie the same petition and instructions therof who, haveing accordingly seen the same, together with ane act of the committie of estates dated 24 August 1650 wherby the said deceast Quintein Hamilton is nominat and appointed governour of the said castle of Evandale, and he and the said shire of Lanerick ordained to repare and furnish the same with all warlike provision, which the said committie declared should be allowed in the first end of any money due to the publict furth of the said shire in any maner of way; with the other act abovementioned superscryved be his majestie at Lanerick Mure, of the date and contents abovewritten; together with the other act of the shire of Lanerick aboverelated, wherby the said shire, conforme to the publict orders and act abovementioned, ordained everie heritor and others lyable in payment of mantenance within the said shire to pay to the said deceast Quintein Hammilton, or any others in his name haveing his power, the saids tuo moneths' mantenance being August and September 1650 at fourty three shillings, four pennies Scots for each chalder of victuall or hundreth punds of valued rent for the tyme, and that towards and in parte of payment of the charges, expences and losse which wes sustained be the said deceased Quintein in and throw his service abovewritten, extending to the said sume of ten thousand, fyve hundreth [and] threttie four punds, 13s 4d attour the saids tuo moneths' mantenance, and the sume of tuo thousand punds borrowed be certane gentlemen of the committie of the said shire and applyed for the use of the said garrison in anno 1650, conforme to the fitted accompts thairof also then produced and now taken aff his hand; and als ane act of exoneration of the date the nynteinth of December 1651, wherby the said committie of the shire exonered the said deceast Quintein Hamilton of the said garrisone at Evandale, and of the said Quintein his service and charge which he had therin, recommending him to the committie of estates for payment of the said tuo moneths' mantenance and for payment of his remanent expences, charges, losse and damnage abovewritten, [and] with his majesties' recommendation, dated at Whitehall the tent day of September last bypast, wherby his majestie, upon ane petition of the said supplicants, did recommend to the comittie of estates and parliament that the arrears, depursements and losses of the supplicants might be payed conforme to former acts and ordinances made theranent; together with the said Quintein Hammilton his assignation to the said Robert Hammilton, supplicant, in and to the saids tuo moneths' mantenance, and haill sumes of money contained in the severall acts abovementioned, of the date the threttie day of March 1660, all produced for the parte of the supplicants for instructing thair right and interest in the said mater, with severall other acts and letters of his majesties' and committie of estates ordaining the said Quintein his arrears of former charges and depursements whatsumever to be payed out of the first and readiest of any publict money due or which should be dew at any tyme therafter be the said shire. The saids commissioners for the said shire of Lanerick by thair report made theranent declared that they fand the supplicants to have good and undoubted right to the saids tuo moneths' mantenance by the severall acts, order, recommendation and assignation abovewritten, and diverse other acts produced for instructing therof. Bot inregaird the executors of the deceast James Rae, who are now also deceast, yet much represented by Robert Rae, merchant, to whose behove, for the most parte, the decreit afterspecified wes recovered, and who wes constant agent therin upon pretence that they had furnished meale to the armie at Leith, stoll thorow ane decreit for the said tuo moneths' mantenance against the said shire befor the English judges in the tyme of usurpation, [but] they nor the supplicants who had ane prior right fra his majestie and duelie intimat to and accepted be the shire, never being heard, they desired that the said Robert Rae might be warned to produce his and the saids executors of the said James Rae their rights if they any had, conforme to the which the said Robert Rae, in obedience of ane citation given to him to the effect abovewritten, haveing compeired with Mr George Mckenzie, as procurator for and in name and behalff of the said Robert Rae and executors forsaid of the said deceast James Rae who, after sight of the said supplication and haill acts and writs abovementioned produced for the supplicant, as said is, and report aforsaid of the saids commissiors of parliament for the said shire of Lanerick, together with the declaration of the said Mr George Mc kenzie, in name and behalff of the said Robert Rae and executors forsaids of the said deceast James Rae, with the report of the lords commissioners of parliament appointed for trade and bills made be them in the haill mater, the saids estates of parliament, being well and ryprie advised, fand the desire of the said supplication just and reasonable and that the supplicant ought to be ansuered and obayed of the tuo moneths' mantenance abovewritten, notwithstanding of any right the executors forsaids of the said deceast James Rae hes or may pretend therto, inrespect the same tuo moneths' mantenance wes proportioned and layd on be the said committie of the shire of Lanerick at his majesties' command and that the deceast Quintein did enter in payment therof sex or seven yeer before any intimation of any right of the saids executers; therfor, his majestie, with advice and consent of the saids estates of parliament, decernes and ordaines the heritors, lyverenters and others lyable in payment of cesse within the said shire of Lanerick to mak good and thankfull payment to the said Robert Hamiltoun, assignay forsaid, of the said tuo moneths' mantenance at the rate of fourtie three shilling[s], four pennies for ilk chalder of victuall or hundreth punds of valued rent, according to the ordinarie valuation in the said yeer 1650, each of them for their oune parts, effeirand to their respective valuations, and declares the said payment of the tuo moneths' mantenance so to be made to the said Robert is and shall be ane sufficient exoneration to the said shire theranent at the hands of the saids executers, and all other persones and parties pretending right therto, and discharges them of all farder troubleing the said shire theranent for ever, and have approven and approves the said Quintein his service and haill actings as governour of the said garisone and discharges him therof and of all sumes of money or other provision receaved be him or other intromissions and accompts whatsumever in reference therto, indemnifieing and exonering him theranent for ever, and declares the remanent charges and expences abovewritten, extending to the said sume of ten thousand, fyve hundreth [and] threttie four pund[s], 13s 4d yet resting attour the said tuo moneths' mantenance, and haill former recepts with the anualrent of the said sume yet resting, as said is, from and after the terme of Witsunday 1651 dureing the not payment of the same, to be ane loyall advancement be the said Quintein for his majesties' service and due be his majestie and estates of this kingdome to the said Robert Hamilton, assignay forsaid, and recommends the same to be payed to him in maner contained in the said petition and acts abovewritten produced, as said is, for instructing thairof, and ordaines letters of horning on fiftein dayes to be direct for chargeing of each heritor, lyverenter and others lyable in payment of cesse personallie or at their duelling houses or at thair paroche churches or heid burgh of the said shire in generall, or by their names in speciall, to make payment of their respective proportiones in maner abovementioned etc.

  1. NAS. PA2/27, f.50-51v. Back