[1681/7/60]*[print] [email] [cite] [preceding] [following]
Anent a petition presented to the king's majestie and estates of parliament by William, earle of Queensberry, bearing that the deceist Gilbert Richard of Barskiming, being intrusted as the petitioner's chamberlane and having had the trust of his peapers and management of his affairs, the petitioner, amongst other things, did intrust the said deceist Gilbert with ane band granted be him, blank in the creditor's name, to the effect that therupon he might borrow money for the petitioner's behoove, but, before borrowing of any such money, the said Gilbert did deceis leaving the said blank band and other peapers belonging to the petitioner amongst his oun writes, which falling into the hands of James Richard, his sone, were detained be him during his life, and since his deceis his children, being minors, are under the government of several tutors, the saids tutors had access to the chartor chist and cabinets wher the said blank band and other papers belonging to the petitioner did lye, and did find the same, and had the said band with other papers belonging to the petitioner in their hands and custody, and did shift and convey the same from hand to hand, wherupon the petitioner did intent a proces of reduction and improbation of the said band before the lords of session against James Richard, sone to the said James Richard, and Marion and Elizabeth Richards, his sisters, and alse against John, lord Bargany, Robert Hamilton of Pressmennan, John Hamilton of Barcleugh, David Boswell of Auchlinleck and James Johnstone, writer to the signet, tutours to the said children of the said deceist James Richard, in whose hands the said blank band once was, wherin they have suffered decreit of reduction to pass against them. But the petitioner is noways secured thereby, sieing the foirsaid band is yet keept up and conveyed from hand to hand, and may be filled up in the creditor's name at their pleasure, wherby the petitioner is extreamly prejudged, and cannot remeid himself in the common course of law before the judge ordinar; and sieing the foirnamed persons, in whose hands the said blank band and other writes belonging to the petitioner once were, or who shall have the same or have fraudfully abstracted and put the same away, at leist they know and were accessory to and did concurr† at the conveyance of the said blank band, and did consult and advise as to the way and manner of keeping of and disposing upon the said band, and did common and conferr theranent, and therfore the foirnamed persons ought to condescend as to the methods and conveyance of the foirsaid blank band, and in whose hands and custody the samen now is, and should exhibit and produce the same blank-band in the creditor's name, at the least with ane assignation thereto from the person whose name is filled up therin, and the same should be delivered to the petitioner to be cancelled or declared void and null, or otherways the foirnamed persons, as they who were accessory and of the designe and knowledge of the conveyance and abstracting and away putting of the said blank bond, should be decerned and ordained validly to secure the petitioner against the same and against all dammage and prejudice that he may sustain therthrow, and to find sufficient caution to the petitioner for that effect; and therfere, humbly craving that a committee might be appointed to examine the said haill affair as to the conveyance of the said band and every thing relating therunto, and that the said chartor chist and haill writes pertaining to Barskiming might be searched and secured in manner under written. And accordingly, ther being a committee appointed to the effect foirsaid, and they haveing made their report, the king's majestie and estates of parliament having heard and considered the foirsaid petition, with the depositions of the Lord Bargeny and James Johnstone, writer, taken by the said committee and report foirsaid, doe grant warrant and commission to the sherif principal of the shire of Lanerick, and his deputs, in caice the said chartor chist of Barskiming be in that shire, and to the sherif principal of the shire of Air and his deputs if the same be in that shire, to open the said chartor-chist and to take inspection thereof, and if the blank-band above mentioned in the petition be found in the said chartor-chist, doe grant warrant to them to deliver up the said blank band to the earle of Queensberry, petitioner, and therafter to appoint the said chartor-chist to be sealled by [...] Hamiltone of Barncleugh.