[A1661/1/94]*[print] [email] [cite] [preceding] [following]
Ther being ane petitoune presentit to us be John Livingstoune, air to umqhill William Livingstoune, shewing that the defunct being appointed to uplift the fruits and rents belonging to the Lord Harreis for the yeirs of God 1644 and 1645 did give ane factorie to umqhill John Chartors of Burnecleuch to uplift the samen, who accordinglie intrometted; and in anno 1648 the Lord Harreis, finding his rent uplifted and not compted for to the publict, was by the parliament reponed to what was uplifted and not compted, for who, therupon, intentit actioune against the petitioner and obteinit decreet against him for tuo thowsand merkes, and to releive him at the Lord Wintoun's hand of sexteine hundreth merkes or produce ane discherge, notwithstanding all the concealled and not compted for rent was uplifted by the said umqhill John Chartors and applyed to his privat use. And therfor craving the relict, aires and uthrs representatives myght be decerned to mak payment to the said petitioner of the saids sowmes with coist, skaith and damnadge. Wherupon citatioune being grantit and the petitioner compeirand be Mr John Cunighame, his procurator, and the defenders compeiring be Mr George McKeinzie, ther procurator, who allgit no proces against the relict of Chairtors becaus no nomen juris nor against his aires, unles he say served and retoured or behaveand. Wherto it was replyed be the petitioners procurators that the petitioner convenis the relict and aires of the defunct ut constet de debito. Duplyed be the defender and procurators no proces against the relict as executrix becaus ther is ane uthr executrix confirmed, viz: McBirnie; and the petitioner declarit that he insitted against Chartors air or appeirand air onlie to the effect the debt myght be constitut against the estait of the defunct. Which debait being considered be us, it is our humble opinion that the aires and executers and estait of Chartors, the defunct, should be declaired lyable for releiff of the petitioner of whatsumever sowmes of money, rent or uthrs uplifted be the defunct of the Lord Harreis rent wherof he hes not alreadie maid just compt, reckoning and payment; and specallie of the sowme of two thowsand merkes containit in ane decreet of parliament obtainit be David Boyd, merchant in Edinburgh, against the petitioner as air to the said umquill William Livingston, upon the accompt and for the behuiff of the Lord Harreis, whas rent Chartors intrometted with as having comission from the petitioner's predicessor, quhois factor he was. As also, to releive the petitioner of the said sowme of sexteine hundreth merks contenit in the said decreet of parliament, which decreet obliss the petioner athr to pay the said 1,600 merks to the Lord Harreis or to report to him the Lord Wintouns disscherge therof.
Cochrane, I.P.D. com.
25 Junii 1661
My lord comissioner and estats of parliament aproves the report withinwrittin, and ordanis ane act to be extracted therupon.
Crafurd and Lindesay, thesaurer, I.P.D. par[liamenti]