[A1661/1/94]*[print] [email] [cite] [preceding] [following]
There being a petition presented to us by John Livingstone, heir to the late William Livingstone, showing that the defunct being appointed to uplift the fruits and rents belonging to John [Maxwell], lord Herries [of Terregles] for the years of God 1644 and 1645 did give a grant of factory to the late John Charters of Burncleuch to uplift the same, who accordingly intromitted; and in 1648 the Lord Herries, finding his rent uplifted and not accounted for to the public, was by the parliament restored to what was uplifted and not accounted, for who, thereupon, intended action against the petitioner and obtained decreet against him for 2,000 merks, and to relieve him at [George Seton, earl of] Winton's hand of 1,600 merks or produce a discharge, notwithstanding all the concealed and unaccounted for rent was uplifted by the said late John Charters and applied to his private use. And therefore craving the widow, heirs and other representatives might be decreed to make payment to the said petitioner of the said sums with costs and damages. Whereupon citation being granted and the petitioner compearing by Mr John Cunningham, his procurator, and the defenders compearing by Mr George MacKenzie, their procurator, who alleged no process against the widow of Charters because no law is named nor against his heirs, unless he say served and retoured or behaving. To which it was replied by the petitioner's procurators that the petitioner convenes the widow and heirs of the deceased as evidently ought to be done. Replied by the defender and procurators no process against the widow as executor because there is another executor confirmed, namely MacBirnie; and the petitioner declared that he proceeded against Charters' heir or apparent heir only to the effect the debt might be constituted against the estate of the deceased. Which debate being considered by us, it is our humble opinion that the heirs and executors and estate of the deceased Charters should be declared liable for relief of the petitioner of whatsoever sums of money, rent or others uplifted by the deceased of the Lord Herries' rent whereof he has not already made just account, reckoning and payment; and especially of the sum of 2,000 merks contained in a decreet of parliament obtained by David Boyd, merchant in Edinburgh, against the petitioner as heir to the said late William Livingstone, upon the account and for the use of the Lord Herries, whose rent Charters intromitted with as having commission from the petitioner's predecessor, whose factor he was. As also, to relieve the petitioner of the said sum of 1,600 merks contained in the said decreet of parliament, which decreet obliges the petitioner either to pay the said 1,600 merks to the Lord Herries or to report to him the Lord Winton's discharge thereof.
[William Cochrane, lord] Cochrane, in the presence of the lords of the commission
25 June 1661
My lord commissioner and estates of parliament approve the report written within, and ordain an act to be extracted thereupon.
[John Lindsay, earl of] Crawford Lindsay, treasurer, in the presence of the lords of parliament