[1661/1/293]*[print] [email] [cite] [preceding] [following]
At Edinburgh, 15 April 1661, anent the supplication given in to our sovereign lord and estates of parliament, presently convened by his majesty's special authority, by Sir Alexander Gibson, now of Durie, knight, against William, now duke of Hamilton, making mention that the late Sir Alexander Gibson of Durie, knight, then lord register, the said petitioner's late father, being employed and chosen as treasurer for bringing in of several sums of money to have been advanced by some noblemen and gentlemen who were most active for carrying on the Engagement in the year 1648, (which money was to be kept as a common stock to be ready upon all occasions) did give a note of receipt to the deceased James [Hamilton], duke of Hamilton upon the sum of £3,000 sterling as having been given in by him to the effect foresaid, which note was forgotten to be retired, notwithstanding the money was never touched by the deceased lord Durie but, according to the intent of the giver, applied to the public use, namely, for bringing over of the Irish army, which should be cleared by the testimony of the receivers of the money their account books by order of the contributors and of the general commissary's receipt; and therefore, the said petitioner craving that some effectual course might be taken for clearing of the said matter and, being cleared, that William, now duke of Hamilton might be ordained to deliver the same to the supplicant to be destroyed, and he declared free thereof being a public debt, as the supplication at more length bears. And the said Sir Alexander Gibson of Durie, being personally present, who for verifying of the said supplication produced a precept directed by the earls [John Lindsay, earl] of Crawford, [William Hamilton, earl of] Lanark and [David Carnegie, earl of] Southesk to Sir Robert Murray [of Cameron], provost of Edinburgh, (who was then entrusted by the said late lord Durie for receiving in of such sums as should be contributed for the public use) for payment making by the said Sir Robert to Sir John Wemyss of Bogie, knight, then commissary to the army, of the sum of £3,000 sterling, which precept is dated 20 June 1648, and also the said supplicant produced the said Sir John Wemyss's receipt of the foresaid sum from the said Sir Robert Murray, dated 21 June and year of God foresaid. Likewise the said duke, being also personally present, who gave in several answers and objections against the said supplication and produced an attested copy of the said ticket or receipt granted by the said late lord Durie to the said late duke of Hamilton upon the sum of £3,000 sterling, dated 15 June 1648 foresaid. Which supplication, verifications thereof foresaid, with the answers given in for the part of the said duke and the foresaid attested copy of the ticket controverted and report after-mentioned given in by the lords of the articles (appointed by this present parliament) and who were appointed to hear, see and consider the foresaid matter debated between the said parties in manner after-specified, and to report their opinion thereupon, being heard, seen and considered by our said sovereign lord and estates foresaid, our said sovereign lord and estates of parliament finds and declares that the foresaid ticket or note of receipt granted by the said late lord Durie to the said late duke of Hamilton upon the foresaid sum of £3,000 sterling is not obligatory against the said supplicant nor the heirs or executors of the said late lord Durie, for the reasons and causes foresaid, and declares the said supplicant and all other of the representatives of the said deceased lord Durie to be free of the said ticket or receipt and sum contained therein, and ordains the same ticket to be delivered up to them† to be used at their pleasure, and also finds and declares the said sum of £3,000 sterling contained therein to be a public debt in favour of the heirs and executors of the said deceased duke of Hamilton to be satisfied and paid to them by our said sovereign lord and estates foresaid as shall hereafter be thought fit. Because our said sovereign lord and estates foresaid, having heard, seen and considered the said supplication, with the objections given in against the same and writs foresaid produced by either parties hereafter as said is, they before answer given thereto appointed the said lords of the articles to call before them both the parties, and to do everything they should find necessary for clearing of the said matter, and the said lords of the articles having given in a report bearing that, conforming to the foresaid ordinance and appointment, they had called both parties before them, and the said laird of Durie being present and James Hamilton, commissary of Lanark, having compeared before them for the said duke, and both parties having repeated their several papers given in by either of them; likewise the said report bears that the said lords of the articles did call before them the said Sir Robert Murray, provost of Edinburgh, who was appointed as depute by the said late lord Durie to receive in public money for him in the year 1648, as said is, and also did call the said Sir John Wemyss of Bogie, then general commissary for the army, and in like manner did call before them [William Cochrane], lord Cochrane who was then employed to go for Ireland for bringing over of the said army from thence, and the said Sir Robert Murray, Sir John Wemyss and the Lord Cochrane, having been examined by the said lords of the articles concerning their knowledge of the verity of the said matter debated between the said parties, likewise they having produced their accounts and account books before the said lords relating to the same debated matter, and the said lords having taken the said whole matter with the foresaid writs of the dates, tenor and contents foresaid given in by either party with the said accounts and account books and declarations of the said Lord Cochrane, Sir John Wemyss and Sir Robert Murray anent their knowledge of the verity of the said matter, to their serious consideration, their opinion is that the foresaid note or ticket of receipt granted by the said late lord Durie to the said late duke of Hamilton upon the said sum of £3,000 sterling of the date above-specified, should be found and declared not to be obligatory against the said supplicant nor the heirs or executors of the said late lord Durie, the said sum being neither borrowed by him for his private use or yet ever received by himself, but by the said Sir Robert Murray, by warrant from the said late lord Durie, who did immediately deliver the same to the said Sir John Wemyss, by virtue of the foresaid precept, and which money was delivered to the said Lord Cochrane for bringing over of the said army from Ireland, as said is; and also the said report bears that the said lords finds that the said supplicant and all others of the representatives of the said late lord Durie should be declared free of the said ticket and of the said sum of £3,000 sterling contained therein, and the same to be ordained to be delivered up to them or either of them to be used at their pleasure and also finds that the foresaid sum contained in the said ticket should be declared to be a public debt in favour of the heirs and executors of the said deceased duke of Hamilton to be satisfied and paid to them by our said sovereign lord and estates foresaid, as should be hereafter thought fit, as the said report at more length bears. Which report, being at length seen and considered by our said sovereign lord and estates above-named, they have allowed and approved the same and have given their decreet in the said matter in manner above-mentioned, and ordains letters of horning upon a simple charge of fifteen days to be directed upon the matter against the said William, now duke of Hamilton and all other persons, havers in their hands of the said ticket, for delivery thereof to the said supplicant to the effect above-written.†
[Clerk's note]†
Follows in this second register the rest of the acts done and passed in the first session of the first parliament of our sovereign lord Charles II, by the grace of God, king of Scotland, England, France and Ireland, defender of the faith etc., held and begun 1 January 1661 by John [Middleton], earl of Middleton, lord Clairmont and Fettercairn, his majesty's commissioner etc., the first register ending 20 May 1661 and this beginning 22 May thereafter.