Judicial proceedings: decreet
Act in favour of [John Murray of] Polmaise

Anent the supplication given in to the lord commissioner's grace and estates of parliament, convened by his majesty's special warrant and authority, by John Murray of Polmaise against Alexander Crawford of Manuelmill, showing that the supplicant in the year 1648, having been an officer under the deceased William [Hamilton], duke of Hamilton, and having levied a troop of horse out of the locality appointed for that effect, and thereafter, conforming to the capitulation made at Stirling, laid down arms upon assurance that he should not be troubled in his person nor estate for or in relation to his engagement in the said service, yet the said Alexander Crawford of Manuelmill, upon pretext of an act of the pretended committee for the time, forced the supplicant to pay the sum of 394 merks for a horse put out by him in name of Thomas Rigg of Aithernie, contrary to the said capitulation and act of parliament whereby he was warranted to levy the said troop, conforming to the said Alexander Crawford's receipt of the said sum dated the [...] day of December 1648; and therefore, craving that the said Alexander Crawford, defender, might be ordained to refund and pay back the foresaid sum to the supplicant, with the interest thereof bygone and in all time coming during the non-payment of the same, as the said supplication at more length bears. The said John Murray of Polmaise, supplicant, compearing through [...], his procurator, who produced the foresaid discharge of the date and containing the sum above-written, and the said Alexander Crawford, defender, compearing through [...], his procurator, the said estates of parliament, having heard, seen and considered the said supplication and discharge above-written produced, together with the report underwritten made and given in by the commissioners appointed for trade and bills and they therewith, and with the defences and answers argued for either party in manner after-mentioned, being well and ripely advised, his majesty, with advice and consent of the said estates of parliament, decrees and ordains the said Alexander Crawford of Manuelmill, defender, to make payment to the said John Murray of Polmaise, supplicant, of the foresaid sum of 394 merks, with the annualrent thereof of all years and terms bygone since the date of the said discharge, and yearly and termly in time coming during the non-payment of the said principal sum, because the said commissioners for trade and bills, having convened the said Alexander Crawford before them, who compearing personally with his said procurator alleged that he received the same only for the use of the said Thomas Rigg of Aithernie and other heritors within the parish of Muiravonside, and that therefore, he ought not to make restitution nor repetition of the said sum, but that the supplicant should be remitted to pursue the said heritors for the same, to the which it was replied for the said supplicant that the defender, having received the money from him and given him warrandice at all hands, he could not be held to pursue any others, therefore the defender, having referred to the supplicant's oath that he did not pay all contained in the discharge who, being sworn, testified that to his best memory he paid no less than is contained in the same discharge, upon consideration of all which, the said commissioners conceived that the said defender should be decreed to pay the aforesaid sum principal and annualrents to the supplicant. Which report, being this day considered by the said estates of parliament, they approved the same report and gave their decreet in the said matter in manner above-written, and ordains letters of horning on 15 days etc.

  1. NAS. PA2/26, 153-154. Back