[1661/1/171]*[print] [email] [cite] [preceding] [following]
Anent the supplication and libel given in and pursued in parliament by George Murray, lawful son to the deceased Patrick [Murray], lord Elibank, and cessioner and assignee underwritten constituted by William Murray, his brother, against William, earl of Lothian, showing that the said William Murray, brother to the supplicant, having been in the year 1648 employed in his majesty's service as an officer under the command of William [Hamilton], then earl of Lanark, thereafter duke of Hamilton, he, conforming to and in obedience of the laws and acts of parliament and to the command of his superior officer, having made his levy of a troop of horse within the locality appointed for that effect, thereafter the whole soldiers being disbanded, and amongst the rest the supplicant's brother's troop, who retired peaceably to their own houses with their horses and arms conforming to the capitulation made at Stirling, whereby assurance was given that none who were accessory to that service (providing they disbanded at the time thereby appointed) should be in any way challenged in their persons and estates for or in relation to their engagement therein, nevertheless William, earl of Lothian, upon pretext of an act of the pretended committee for the time dated the very day after subscribing of the said capitulation, ordaining the officers and soldiers who had received any horses or money for horses for carrying on the said engagement to restore the same or to give back the money to those who had equipped the same, expressly contrary both to the act of parliament and articles of capitulation, having thereupon threatened the supplicant's brother for payment of what he had received for advancing of the said levy, he was necessitated to pay the sum of 900 merks Scots money as the price of six horses received from the said earl and his tenants in Teviotdale, whereupon the said earl granted to the supplicant a ticket of receipt and discharge dated 26 June 1649; to the which sum of 900 merks with the annualrent thereof since the month of June 1649 and to the said ticket of receipt of the same, whole benefit, profit and commodity thereof, with all that had followed or might follow thereupon, the said William Murray by his assignation subscribed with his hand of the date 9 March last, for the onerous cause therein-contained, had made and constituted the said supplicant his undoubted cessioner and assignee, which sum his said brother cedent foresaid, having been most unjustly forced to pay against the standing laws and articles of capitulation, the same ought now in justice to be refunded to him as cessioner and assignee with the interest thereof since the said month of June 1649; and therefore, craving that the said William, earl of Lothian might be decreed to pay to the supplicant, as assignee above-written, the foresaid sum of 900 merks with the bygone interest thereof and in time coming during the non-payment thereof, as at more length is contained in the said supplication. Which supplication, being read in the presence of the said commissioners of parliament appointed for bills and trading, to whom the said matter was referred, the said supplicant, being personally present, who for verifying of his said libel produced in their presence the foresaid discharge and assignation of the dates, tenor and contents above-written, and the said William, earl of Lothian, defender, being lawfully summoned to this action often called and not compearing personally, but by a missive letter directed to [William Cochrane], lord Cochrane, president to the said commissioners for bills, acquainting him with the foresaid pursuit and desiring that he might be declared free of the annualrent, and that he might have a competent time allowed to him for payment of the principal sum together with an information in the cause to the same purpose containing some arguments, both for a continuation and against the payment of the annualrent, his majesty and estates of parliament, having heard, seen and considered the said supplication or libel with the foresaid discharge and assignation of the dates, tenor and contents respectively above-written produced for the pursuer, as said is, with the foresaid missive letter and information produced for the defender in manner above-mentioned, with the report of the said commissioners of parliament appointed for bills given in to them thereupon, and being therewith well and ripely advised, his majesty, with advice and consent of the said estates of parliament, decrees and ordains the said William, earl of Lothian to make payment to the said George Murray, supplicant, as assignee foresaid of the said principal sum of 900 merks, with the ordinary annualrent thereof since the month of June 1649 and in time coming, during the non-payment of the principal sum, because the points of the said bill being found relevant by the said commissioners, and admitted to the said pursuer's probation (after that the said defender was lawfully summoned to have compeared and defended in the said matter) the said pursuer instantly verified the said libel in so far as was necessary to infer decreet to be given against the defender, in manner foresaid, by production of the foresaid discharge and assignation and repetition of the foresaid articles of capitulation, and act of the committee of estates of the dates, tenor and contents respectively above-written, as was clearly understood to the said estates of parliament, in respect whereof, and that the said defender, neither by his missive letter nor information by way of defence therewith produced, show any reasonable cause either against the payment of the principal sum or annualrent, they gave their decreet in manner above-written, and ordains letters etc.