Act in favouris of the Erle Merschell concerning the landis and guidis of Maister Johnne Colvile

Oure soverane lord and estaitis of this present parliament, considdering that George, erll Merschell, upoun the suddane being commandit be his hienes to wictuall and outred the schippis quhilkis furit his majesties ambassadouris direct to Denmark for contracting and completing of his hienes mariage, it behuvit him to tak tua thowsand sex hundreth and fyve markis upoun the reddiest of his landis and heretage, for the quhilk he hes pait proffite continuallie sen the outred of the saidis schippis, quhilk was in the moneth of Junii, the yeir of God jM vC fourscoir nyne yeiris, extending to thrie yeiris bypast at this last feist and terme of Witsonday, the said yeirlie proffite by the principall extending to sevin hundreth fiftie sex markis, and the stok and proffite extending to thrie thowsand ane hundreth and sex markis; and becaus Maister Johnne Colvill, sumtyme of Strathurdie, now foirfalt in this parliament for crymes of tressoune and lesemajestie committit be him, become full debtour to Maister James Wardlaw, cessioner and assignay constitut be the said Erll Marschell to the debt above writtin in the said erllis name, for payment of the said principall sowme as for ane part of the reddiest of the taxatioun than ordanit to be upliftit for furthsetting of the honour of the said mariage and constitute himself propir debtour to the said Maister James thairfoir, quhether he had obtenit allowance of the samyn in his comptis or not, bot the samyn being at his awin desyre thankfullie allowit to him in his saidis comptis he was for non payment of the said sowme denuncit rebell and put to the horne. Thaireftir lettres of captioun wer direct aganis him and utheris lettres thaireftir direct for randering of his hous under the pane of tressone, quhilkis lettres and chargis he all contempnandlie disobeyit, and now being foirfalt for treissone, his landis and guidis ar becum in oure said soverane lordis handis as escheit, and seing the sowmes debursit be the said George, erll Marschell, and proffite pait for the said principall sowme were all debursit in the honorable furthsetting of his majesties effairis and in effect is his hienes awin propir debt, quhilk his majestie hes moyen to pay be the said foirfaltour, and utherwayes is nevir able to be pait, to the said erllis gryt dannage and skaith gif remeid be not provydit, thairfoir his hienes and estaitis foirsaidis findis, decernis and declaris that quhasaevir sall obtene the escheit of foirfaltour of the said Maister Johnne, his landis, rowmes and possessionis, salbe obleist to mak the said erll and his assigna payment of the saidis sowmes, stok and proffite extending to the said sowm of thrie thowsand ane hundreth fiftie sex markis, and ordanis thame to have executioun thairfoir aganis the donatouris of the said escheit of foirfaltour ane or ma conjunctlie and severallie, provyding that gif thair be ma donatouris nor ane, everie ane sall releif utheris of the saidis sowmes proportionallie according to the proffite that thai resaiff. And the said erll or his assignay foirsaid being compleitlie pait and sattisfiit of the sowmes abonewrittin, oure soverane lord and estaitis foirsaidis decernis and ordanis Roger Aschetoun, gentilman in his hienes chalmer, tobe nixt answerit be the donatouris of the said foirfaltour of quhatsumevir sowmes of monie addettit to him be the said Maister John Colvill, and to be preferit to all utheris the said Maister Johnne his creditoris.

  1. NAS, PA2/14, ff.10r-v. Back
  2. Written in margin: 'P'. Back