[1579/10/64]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by William [Forbes], lord Forbes, Master Duncan Forbes of Monymusk, William Douglas of Glenbervie, for themselves and remaining colleagues, kin, friends, servants and dependants, the time of the late troubles on our sovereign lord and his authority, and who sustained great depredations, harm and violent injuries from the time of the first abstinence taken at Leith on 31 July 1572, until the pacification concluded at Perth, 23 February 1572 [1573], ratified and approved in parliament held at Edinburgh in April 1573, thereafter making mention that where they, being utterly ruined in their moveables and violently dispossessed of their lands and livings in the time of the late civil troubles by the force of the rebellious subjects, adversaries of his highness's authority, under hope of keeping of the said abstinence, drew themselves, with their goods that were left untaken of before, with such others as they could acquire, home to their lands and possessions, but nevertheless were deprived thereof by the force and violence of the said disobedient subjects continuing in their rebellion, in manifest contempt and violation of the said abstinence; whereof consideration being had the time of the accord of the said pacification, the same was noted as a great trespass. Wherefore, by express article thereof, it was statute and ordained that all harm and injuries done to whatsoever persons from the time of the first abstinence, contrary to the same, should be redressed and repaired at the sight of certain judges nominated to that effect, limiting a certain time within the which they should have decided thereto; according whereto, the said complainers, with earnest care and diligence, raised their actions before the said judges and insisted at their uttermost in prosecution thereof, keeping many diets with their trains in Edinburgh, to their heavy charges and expenses, being ruined of before; but nevertheless, in default of the same judges, who were not so careful of the matter as the said complainers' necessity craved, the time appointed by the said pacification to them to have given their judgement prescribed, causing the said complainers lose both time and all their sumptuous charges without any apparent redress of the great hardships sustained by them for his majesty's service and defending of the righteous quarrel of his highness's authority, established by diverse parliaments of before, whereupon they were compelled to lament them to his highness and his estates of new in the parliament held at Stirling in July 1578, wherein, it being well and weightily considered that the said redress concluded of before ought not to be made frustrated, since no default was in their part in pursuing thereof in due time, therefore his highness and his estates of new in the same parliament appointed his right trusty cousins and counsellors Robert [Douglas], earl of Buchan, William [Ruthven], lord Ruthven, Robert [Boyd], lord Boyd, Alexander [Colville], commendator of Culross, Masters Thomas MacCalzean of Cliftonhall and Robert Crichton of Eliock, his highness's advocate, as judges to investigate and try the said matters and to proceed by new summons or to begin where they left at the first raising thereof, ordaining them to sit in Edinburgh and begin in November 1579, and finally to decide the same within 18 months next thereafter; who, according thereto, accepted the commission thereof upon them and minding to proceed in the said causes directed their summons and precepts thereupon, which were executed to a certain day of November 1579, yet the same judges last appointed (at least the principals of them, without whom nothing could be proceeded), being subjected to attend on his highness's service, wherein some of them at the very day were employed, caused desert the diet, and the said complainers then also, as diverse times of before, bestowed in vain their diligence, time and great expense and, in the meantime, being pursued by their enemies to remove from their kindly rooms of Keig and Monymusk occupied by the friends of the said Lord Forbes, whereof diverse spent their lives in his highness's service, being in danger to be removed, albeit the same lands being given in as a godparent's gift to the Earl of Huntly by [David Beaton], the cardinal, he was never minded to put the kindly possessors from there, but contented with their old duties, over and above the unfriendliness that fell out by reason of the said complainers abiding at the defence of his highness's authority; and hereupon their complaint being delivered to his majesty, there was inhibition put to the lords of session to proceed in the said removing against them until the judges aforesaid had decided in the said complainers' pursuits before them, which judges appointed by the said last commission, namely, my lord Earl of Buchan and Lord Boyd, being noblemen dwelling far distant from the place where they should convene and cannot come except with their honourable trains, since they are not ordinary, and my lord Ruthven, likewise one of his highness's officers who always must chiefly regard the affairs of his office, and the said Master Thomas MacCalzean in like manner a man subjected to sickness, keeping his bed this long time, the said complainers are, and will be always, destitute of any judgement given by the said judges in their cause, notwithstanding any diligence they can make; and it were not only an evil example, but a manifest impediment to his majesty's service hereafter that the said complainers, who hazarded their lives, lands and goods to the setting forth thereof when his highness was young, shall now, when the crown stands upon his own head with his justice in his own power, be frustrated thereof, since there is a law established and accorded to by the adversaries for their redress, by their long want of justice therein have not been only chargeable and cumbersome, but also a great part of their probation is failing by decease of many, but likewise the rest at the pleasure of God (being all preserved in his will and knowledge) may also be deficient, which will make utterly void and frustrated their whole effects if timely remedy be not provided thereto. Therefore most humbly beseeching his highness and estates to weigh piety and consider this, their just and lamentable complaint, and for the respects aforesaid, to name and adjourn to the said last judges Robert [Pitcairn], commendator of Dunfermline, Master Robert Pont, provost of the Trinity College, William Douglas of Whittingehame, Alexander [Colville], commendator of Culross, Master Edward Henryson, doctor of the laws, and Master John Marjoribanks, with full power and command to them, or any four of them present for the time, to sit and direct precepts and summons in the said complainers' matters or to proceed upon the summons also directed and do justice to the final end of their whole cause, authorising the said judges with full power to that effect; and because the last time appointed shortly prescribes, so that no process can in effect be led before the end thereof, that therefore his highness and estates will prorogate the same again to a long day, within the which the said complainers' actions may be decided, and also to inhibit the lords of session and council to proceed and administer process against them in the actions pursued by their adversaries concerning the said complainers' kindly rooms of the baronies of Keig and Monymusk during that time until the said judges have first decided in their cause; and in case any profits be sought of them, to decree them only to pay their old duty according to the simple value, which the said pacification has only limit to them at the determining of their cause, likewise at more length is contained in the said supplication. Which being seen and considered by his highness and estates, our sovereign lord, with advice of the three estates of this present parliament, finds and declares that in case the said pursuers do sufficient diligence for pursuit of the said cause before the judges also appointed by the said commission above-specified between now and 1 May 1580, that the said actions shall not be prescribed; and in case the said appointed judges as said is fail to proceed conforming to the said commission between now and the said day, our said sovereign lord, with advice and consent as said is, refers the desire of this supplication touching the appointing of other judges to the next parliament and three estates thereof, and they then to proceed thereupon as they shall think most expedient; and in the meantime inhibits and discharges the lords of council and session to proceed or administer process in any actions or causes pursued against the said complainers by their adversaries concerning their kindly rooms of the baronies of Keig and Monymusk during that time until the said judges and commissioners also appointed and to be appointed give their decreet in the cause above-written raised by the said complainers, and ordains letters to be directed to make publication hereof, if need be, in the appropriate form.