[1585/12/91]*[print] [email] [cite] [preceding] [following]
†Forasmuch as concerning the supplication given in to our sovereign lord and lords of this present parliament by James Murray, brother-german to the late William Murray of Touchadam, and Agnes Cunningham, lady Polmaise, that where it is not unknown to our sovereign lord and lords aforesaid there was lately an act made for repossessing of such persons as have been forfeited to their lands, rooms and possessions, etc., which act and benefit thereof, as we are informed, is to be ratified in this present parliament and ordinance to be made for annulling and rescinding of all decreets given against the said forfeited persons and such others as were sentenced in justice courts for any crime of treason; which act and ordinance not being ripely considered, and the bounds thereof not being limited, shall be prejudicial to many our sovereign lord's lieges and specially to the said James Murray and Agnes Cunningham, seeing it is of truth that they, long before the conviction of the late John Cunningham of Drumquhassle for crimes for the which he was sentenced to death, they, after 30 years' dependence, obtained diverse decreets against him before the lords of council, a part thereof for reduction of certain his pretended and forged titles made by him for their own lands of Polmaise Cunningham, alias Marischal Polmaise, Sinclair and certain other lands and others for redemption of certain other comprised lands, namely, a part of the said lands of Polmaise Cunningham, Sinclair, Slamannan Muir, Bohaldie and certain others, which decreets the said James and Agnes obtained before the said lords of council against the said late John in the court of appeals, where his whole defences were heard, Masters John Sharp and John Russell being his procurators and knowing of the pronouncing of the same; and so the said decreets were obtained by them against the said late John Cunningham, not after nor by reason or any cause proceeding upon his forfeiture, but by the said James's and Agnes's own rights and titles, and therefore the same ought in no way be comprehended under the said act and benefit thereof, and neither yet ought the same and confirmation thereof in parliament work anything in favour of the said late John's heirs and successors, to the hurt and prejudice of the said James's and Agnes's rights, titles, decreets or actions that they have, has or may have against them, as at more length is contained in the said supplication; which being first seen and considered by our said sovereign lord and lords of articles, and thereafter by his highness and three estates of this present parliament, our said sovereign lord, with advice and consent of his said three estates convened to this parliament, decrees and declares the aforesaid rights and decreets obtained by the said James Murray and Agnes Cunningham and either of them in manner aforesaid, and that the same nor none of them to be comprehended under the said act, ordinance and ratification, and that the same act and benefit thereof shall not be extended thereupon, nor in no way be prejudicial to the said James and Agnes or either of them and their decreets; and declares the same to have full strength, force and effect in all time coming.