[A1650/11/22]*[print] [email] [cite] [preceding] [following]
To the king's most excellent majesty and the honourable estates of parliament, the humble petition of Sir William Ballantyne of Bruchtoun
Humbly shows,
That whereas I, being minor and a child at the time of my father's death, was left by him and my estate to the tutory of Dame Elizabeth Kerr, my mother, who by my father's testament was to manage the office of tutory by the direction and advice of [Robert Ker], late earl of Roxburghe, my uncle, to whom, after I was major, I made a disposition of my whole estate upon trust. According to which, the said earl was to take order with the whole burdens and pay creditors and was for his security to have right to the lands until he should have satisfaction for the sums of money he should pay, and for the remainder of the estate, did subscribe a back-bond showing that the disposition made by me in his favour was only upon trust, and therefore did bind and oblige him that he being satisfied of the sums he should pay to my creditors, he should then convey back again to me the lands contained in my disposition, which back-bond was then entrusted to my mother's custody and I believe the copy thereof will be found yet extant in the register of the late earl of Roxburghe. My condition of living necessitating me to stay abroad, and seeing the great expressions of kindness often made to me and the confidence I had of my uncle's favour made me delay to crave any account of my estate during his lifetime, and that the ordinary judicatory before whom I should pursue the same against his heir, [William Ker], now earl of Roxburghe is not patent in case we shall not make a friendly agreement, which is my earnest desire, not that I do or can distrust my conscionable right to the estate I was born to, my endeavours being only to preserve friendship be preventing disputes which might unfortunately fall out by reason of my mother's age and infirmity, to whom the custody of the back-bond was entrusted, and of the death and mortality which in this perilous time may justly be apprehended of several witnesses who must be used for clearing the trust and of my uncle's intentions towards me in restoring my estate, which if any of them should happen to die before they should testify judicially in the said matter, might tend to my great hurt and prejudice because all probation of so just a process would undoubtedly fail. Therefore I humbly beseech your majesty and the honourable estates of parliament that I may have warrant to summon the earl of Roxburghe for exhibition of the said disposition made by me in favour of my uncle, his predecessor, and of his registers wherein the back-bond is extant, and of all my evidents belonging to me or may concern my estate. As also that there may be a commission directed for taking my mother's oath and deposition anent her having or putting away the said back-bond entrusted to her keeping and of what else she knows concerning the trust and transaction between me and my said uncle. And likewise to summon before your lords and committee of estates if they shall be then sitting such witnesses as are necessary and can best clear the whole business, that in case any of them be taken away by death, their depositions may make full faith if hereafter I shall be forced to a legal pursuit, that so according to conscience and equity I may be restored to the possession of the remainder of my estate. And your lords' answer.
30 December 1650
It is the humble opinion of the committee that the earl of Roxburghe be cited to compear before the committee of estates, and that they have a power to determine anent the desire of the supplication.
[Alexander Lindsay, lord] Balcarres, in the presence of the committee
Perth, 30 December 1650
The king's majesty and estates of parliament now presently convened etc. have remitted and remit the supplication written within and desire of the supplicant therein contained, together with the opinion of the committee of bills given relating thereto, to be taken into consideration by the committee of estates to the effect that witnesses may be examined to lie in preservation, the party being first cited thereto and no relevant nor competent allegiance proposed by the said defender in the contrary wherefore the same ought not to be done.
Mr David Hay†