[1670/7/17]*[print] [email] [cite] [preceding] [following]
Forasmuch as the king's majestie, conceaveing himself therunto bund in conscience and honor, did with advyce and consent of his estats of parliament, upon the tuelf day of July jM vjC and sixtie one, rescind and from the begining annull the pretendit forfaltour of the deceast Patrick, earle of Forth and Bramford, and restored his ladie and children, to all intents and purposses against the same, bot continowed the extracting therof untill the nixt session of parliament; lykas by ane act of the second session of parliament, upon the nynt of September 1662, the extracting of the forsaid act and all execution therupon wes suspended untill the third session of parliament, and be ane act of the thrid session, of the date the eight of October 1663, the petitions of the duke and dutches of Hamiltoun and earle of Southesk and earle of Erroll, debitors to the earle of Forth, wer remitted to the lords of session to be decyded by them in jure, notwithstanding of the act of restitution aforsaid; and now ther being a petition presented by the countes of Bramford and the Ladie Forester, daughter to the late earle of Forth, craveing ane extract of the forsaid act rescinding the said earles forfaltour, and the haill parties concerned being ceited to heer the desyre of this petition granted, the Ladie Forrester and the Lord Forrester, hir husband, for his intress, compeired personaly with ther advocats, who also compeired for the Ladie Bramford and the duk of Hamiltoun, the earle of Southesk, the earle of Erroll and ther cautioners, and the earles of Kingorne and Callendar, Sir Alexander Hope of Kerse compeiring also personaly, and be ther advocats, and the haill other parties defenders being summond, oftymes called and not compeirand, the defences, reasons and allegations of the defenders, with the answers and replys therto, being at lenth hard and considered be the estates of parliament, as they are set doune in the minutes of proces, and they being weell advysed therwith, the king's majestie, with advyce and consent of his estates of parliament, hath by tuo severall acts of the date heerof exonered the duk and dutches of Hamiltoun and the earle of Southesk and his cautioners, for whose releef the deceast duke of Hamiltoun wes bund, of the principal soume of fyftie thousand merks and anualrents therof, adebted be them to the deceast earle of Forth, and als exonered the earle of Erroll and his cautioners and these bound for him of the soume of one hundred and ten thousand merks principal and anualrents therof due by them to the said deceast earle of Forth, and declared them free therof and the bands granted by them for the same to be void, reserving to the countes of Bramford and Ladie Forrester action against the receavers or intromettours with the saids soumes, or any part therof, as is more fully contained in the saids acts; and farder, his majestie, with advyce and consent forsaid, does heerby repell the haill alledgeances and defences proponed for the rest of the defenders as not competent hoc loco against the extracting of the act rescissory forsaid, and ordains the forsaid act rescissory of the tuelt of July 1661 rescinding the forfatour of the earle of Forth to be extracted of the same date in which it wes past, notwithstanding of the forsaid defences and of the act of indempnity and generall act rescissory, being the fyftein act of the first session of parliament 1661, and of the salvo therin contained, and notwithstanding of the forsaid acts past in the second and third sessions of parliament, and that the extracting of the act rescissory of the earle of Forth's forfalture hes bein therby delayed in maner forsaid, reserveing alwayes to the debitors of the earle of Forth, who are not exonered in maner forsaid, and to the said intromettars ther laufull defences against the effect of the said act rescissory, and the execution to follow therupon to be discust be the judge ordinar as accords of the law.