Legislation: private acts
Aganis the Laird of Johnestoun

Oure soverane lord and estaitis presentlie convenit, haifing considerit the complaint and suplicatioun gevin in be the subjectis inhabitantis within the boundis of Niddisdaill, Annandaill and uther pairtis of the west bordour beiring in effect that quhair it is not unknawin to his majestie and lordis of counsall quhat grit, odious and detestabill slauchteris, murthuris, bluidschedis and enormiteis hes bene perpetrat and committit be the laird of Johnnestoun, his name, kyn and freindis, haveing first maist crewallie and unmercifullie slane and murtherit umquhile Johnne, lord Maxwell, his hienes lieutennent and officiar for the tyme, with the laird of Nather Pook and sindrie utheris barrounis and gentilmen to the number of threttie or fourtie, nixt a grit number of honest men of the Sanquhar, with sindrie gentilmen and utheris sensyne, to the grit contempt of God, his majestie, all forme of law and justice and the troubill of the quyet estait of the cuntrey; and how that the said laird continewis still in prosequuting a maist wyld and bludie course without respect of assurance, ayth or promeis or reserveing of ony dewtie toward God, his majestie or mutuall luif and cheritie towardis his nychtbour, quhais detestabill misbehaviour and unhonest forme of lyffe the saidis subjectis at this tyme of conventioun, haifing thocht meit to complene of and aggravate to his majestie and estaitis presentlie convenit for the better rememberance and manifestatioun thairof, and althocht his hienes be sufficientlie perswadit thairof and detestis and abhoiris sic crueltie, bluidschede and insolence as becumis a godlie prince and soverane wald wische alwyis the punischment thairof, yit sum personis about his majestie and utheris nocht regairding his majesties honour nor weill ceissis nocht to travell and interceid in favour of the said Laird of Johnnestoun, being thairwith as his majestie and estaitis knawis declairit be act of counsall laitlie perjurit, defameit and unworthie of credite, honour or estimatioun for his foul and traterous brek of assurance. Thairfoir his majestie, with avyse of the estaitis foirsaidis, hes be thir presentis expreslie dischargit and inhibit all his majesties subjectis to ressave, supplie, fortifie, assist, intercommoun, schaw favour, interceid, travell or intercommoun with the said laird of Johnnestoun in ony sorte as thay wilbe answerable to his majestie upoun thair obedience at thair heichest charge and perrell, certifeing thame that contravenis the same that thay sall incur his hienes indignatioun and salbe punischit with all rigour to the terrifeing of utheris to do the lyke. Sic subscribitur, James R[ex].

  1. NAS, PA8/1, f.7r-7v. Back
  2. NAS, PA8/1, f.7v-8v. Back
  3. For the roll of creditors related to this act, see 1598/6/18. Back
In favouris of Thomas Foullis and Robert Jowsie

The kingis majestie, with advyse of the nobilitie and estaitis presentlie convenit, understanding that Thomas Fowllis, goldsmyth, and Robert Jowsie, burgeses of Edinburgh, haif not onlie deburst the maist pairt of thair awin moyane and guidis in his hienes service, bot also hes contractit mony grit debtis for furnesing of his majestie at diverse tymes in jowellis, cleything, reddy mony and uther necessairis; and his majestie being verry cairfull for discharge of his honour and conscience to sie sum solide ordour takin for releif of the saidis debtis and payment of the creditouris to quhome the saidis Thomas and Robert ar addettit, conforme to the roll producit and subscrivit be the said Thomas conteneand the names of the saidis creditouris and particular sowmes awand to everie ane of thame, and that sua far as the sowmes of money auchtand be his majestie to the saidis Robert and Thomas may extend, thairfoir his majestie, with advyse and consent foirsaid, hes assignit and disponit and be the tennour heirof assignis and disponis to the saidis Thomas and Robert, thair airis and assignais in full contentatioun and satisfactioun of the saidis sowmes of money restand awand be thame to the saidis creditouris contenit in the said roll, extending to the sowme of ane hundreth fourtie fyve thowsand and sevin hundreth pundis money and annuell of the samyn during the space and yeirs under writtin, the sowme of threttie thowsand pundis money yeirlie, to be intromettit with and upliftit be thame and thair factouris in thair names, in maner and to the effect efterspecifeit be the space of sex yeiris nixt and immediatlie following the day and dait of thir presentis, that is to say the sowme of tuentie fyve thowsand pundis promeist be the comptroller to be assignit be him to the saidis Thomas and Robert furth of the rentis of his offices yeirlie the saidis yeiris, and fyve thowsand pundis assignit be the thesaurare as for the dewtie of the tak of the cunyiehous set during the saidis yeiris to the saidis Robert and Thomas, conforme to the act of conventioun maid thairanent for compleiting to thame of the said sowme of threttie thowsand pundis yeirlie during the space foirsaid. And for the said Thomas and Robert, thair gritter securitie of the saidis fyve thowsand pundis to be assignit to thame be the thesaurare, oure said soverane lord and estaitis foirsaidis hes ordanit Walter, commendater of Blantyre, thesaurer to his majestie, to mak sufficient tak, rycht and securitie to the saidis Thomas Fowllis and Robert Jowsie of his hienes cunyiehous and haill profittis and casualiteis thairof for the space of sex yeiris for the yeirlie dewtie of fyve thowsand pundis, to be retenit in the said Thomas and Robert, thair awin handis, and to be furthcumand to thair saidis creditouris; provyding alwyis that gif at the making of the said Walter, commendatar of Blantyre, his comptis, it be fundin that his charge extend not to threttie thowsand pundis, that he be not burdenit with his promeis presentlie maid to mak his majesties casualiteis worth threttie thowsand pundis yeirlie in the charges of his comptis, bot he salbe sufficientlie dischargit be making the charge thairof to extend yeirlie to the sowme of tuentie fyve thowsand pundis. And to the effect the said yeirlie sowme may be employit to the releif of the saidis Thomas and Robertis debtis and payment of thair saidis creditouris and na utherwyis, his hienes, with advyse and consent foirsaid, hes statute and ordanit that the said sowme of threttie thowsand pundis salbe devydit yeirlie during the space foirsaid amang the said Thomas and Robertis creditouris for payment of thair debtis proportionallie, everie ane of thame conforme to the quantitie of thair principall sowme and annuelrent of the samyn, sua that thair payment may be equall and uniforme in proportioun and that everie ane of thair debtis may be compleit betuix and the allevint day of November in the yeir of God jM vjC and four yeiris. And to the effect the saidis Thomas and Robert may the mair convenientlie use all lesum meanis and diligence for to inhabill thameselffis to satisfie the saidis creditouris be ingaddering of the sowme and all uther guid occasioun, his majestie, with advyse and consent foirsaid, takis the said Thomas and Robert and thair cautionaris and souerties bund with thame or for thame to thair saidis creditouris in his peciabill protectioun and saulfgaird, sua that thay sall nawyis be trublit, chargit or persewit be the saidis creditouris during the said space bot yeirlie and proportionallie according to the rait of thair principall sowmes contenit in the said roll and annuell of the samyn, extending to ten merkis for ilk hundreth merkis thairof and na forder, notwithstanding of quhatsumever gritter penalties convenit betuix thame thairanent of quhatsumever bandis or obligatiounis maid thairupoun sen the contracting of the saidis principall debtis. Dischargeing all judgis spirituall and temporall within this realme, with utheris officiaris and executouris of his hienes lawis, ony wyis to proceid in ony actioun at the instance of ony pairtie aganis the saidis personis or thair cautionaris for quhatsumever debtis restand awand be thame to the saidis creditouris nominat and contenit in the roll foirsaid or annuelrentis of the samyn or putting ony decreit to executioun thairanent be arreisting, horneing, wairding, poynding, comprysing, removeing or ejecting of thame or ather of thame or ony uther maner of way during the space foirsaid, except in sa far as may concerne the payment to be maid proportionallie of the equall portionis of thair saidis debtis be the ordour appointit be this present act. And for the gritter manifestatioun of his hienes willingnes not onlie to pay the sowmes of money auchtand be his majestie to the saidis Thomas and Robert be thair bypast comptis, bot also all sic uther sowmes as thay haif deburst in his hienes service sen the the fuiting of thair last compt, his hienes ordanis the saidis Thomas and Robert to mak, perfyte and geve to the lordis auditouris of his hienes checker within ane moneth immediatlie efter the returne of the said Robert Jowsie furth of England (quhilk salbe at the fordest betuix and the fyftene day of October nixtocum) ane perfyte compt of all thair bypast intromissioun and debursment in his hienes effairis; quhilkis, being hard and considerit, his hienes, with advyse foirsaid, faythfullie promittis in verbo principis to sie thame satisfeit and payit of all sowmes of money quhilk salbe fundin restand awand to thame by and attoure the particular sowmes of money respective foirsaid restand awand be thame to thair creditouris foirsaidis conteinit in the said roll, extending to the said sowme of ane hundreth fourtie fyve thowsand sevin hundreth pundis, for payment quhairof and annuelrentis of the samyn to the saidis creditouris during the said space this present act and assignatioun thairin conteinit is maid allanerlie. Provydeing alwyis gif at the fuiting of thair saidis comptis the kingis majestie sall not be fundin restand awand to thame the haill sowm of nynescoir thowsand pundis, quhatever salbe the quantitie of the said debt less nor the said sowme, the samyn salbe retenit of thair last yeiris payment be the comptroller and thair assignatioun in that cace for samekle as the kingis majestie salbe fund not to be addettit in sall ceis. Sic subscribitur, James R[ex], W. Elphingstoun, secreter.

  1. NAS, PA8/1, f.7r-7v. Back
  2. NAS, PA8/1, f.7v-8v. Back
  3. For the roll of creditors related to this act, see 1598/6/18. Back