[1579/10/17]¹

Act in favour of Jean Dishington, one of the heirs of Ardross

Concerning the supplication given in by Jean Dishington, youngest daughter and one of the two heirs of the late Paul Dishington, fiar of Ardross, making mention that where after the decease of her said late father, her ward and marriage came to the disposition of the late James [Hamilton], duke of Chatelherault, earl of Arran, lord Hamilton, protector and governor of this realm for the time, who also obtained possession of her person, being then an infant; and before she had discretion or conference with her friends to choose an agreeable party, she was married to Gavin Hamilton, sometime of Raploch, by the space of 15 years since, long before any crime committed by him, with which he is now charged. Nonetheless, upon the occasion of his unhappy being at Stirling the time of the decease of our said sovereign lord's dearest grandfather, her said husband is now fugitive, his living and all the portion of land which fell to her by decease of her said late father has come in our said sovereign lord's hands, the said Jean lately falling to a small portion thereof by composition by the advice of friends, namely, the mains of Kirkpottie, with mill thereof, the lands of Tollennoquheis and Dewglie, with the mill thereof, as the decreet arbitral and contract of division bears, upon the which she presented her supplication to our said sovereign lord and lords aforesaid, whereof she received his gracious answer ordaining her to produce the said decreet arbitral and contract of division before his highness's advocate to be seen and considered, that it being known in particular what lands should appertain to her properly, thereby our said sovereign lord, with advice of the lords aforesaid, would of mercy and piety assign the same to her for her lifetime, how soon the same should become in his highness's hands. According to the which ordinance, she produced the said decreet and contract to his majesty's advocate, who has considered them at length, and thereby understands the lands aforesaid to appertain to her properly, as he being required will manifest to his highness most humbly, therefore beseeching his majesty to have consideration of her former supplication and deliverance given thereupon, and that his highness of his mercy and piety will assign the said lands of her said late father's living pertaining to her properly as said is, and profits thereof for all the days of her lifetime, to her sustentation, that has come of honest parents, and to grant her power by herself and her procurators in her name to stand in judgement, and to pursue and defend all actions concerning her properly, especially toward her security of the said lands and that without consent of her said husband, notwithstanding his inability to authorise her in her said pursuit or defence, and to make an act of parliament thereupon, and his highness and his estates to interpose their authority thereto for the said Jean's better security, as at more length is contained in the said supplication. Which being seen and considered by the king's majesty and estates aforesaid, our sovereign lord, of his special mercy, clemency and piety, with advice of his said three estates of this present parliament, has assigned and assigns to the said Jean the said lands of Kirkpottie, with the mill, lying within the sheriffdom of Perth, and the lands of Dewgleis and Tollennoquheis, with the mill thereof, lying within the sheriffdom of Kinross, with all their houses, places, mills, parts and pendicles thereof, which were one part of her said late father's living pertaining to her in division and profits thereof for all the days of her lifetime, to her sustentation, who is become of honest parents. And further, our said sovereign lord, with advice aforesaid, gives and grants full power and licence to the said Jean that she may, by herself and her procurators in her name, stand in judgement before whatsoever judge or judges within this realm, and pursue and defend all actions concerning her properly, especially toward her security of the said lands during her lifetime as said is, and that without consent of her said husband, notwithstanding his inability, and authorises the said Jean in her said pursuit and defence; and for her better security, our said sovereign lord and estates aforesaid have interposed and interpose their authority thereto, providing that the said Jean behaves herself as a loyal and obedient subject to our sovereign lord and that she in no way reset, supply, assist or communicate with any declared or that hereafter happen to be declared traitors, as culpable and guilty of the murders perpetrated in the persons of [Matthew Stewart, earl of Lennox], our said sovereign lord's dearest grandfather, and [James Stewart, earl of Moray], uncle, his highness's regents for the time, and ordain letters to be directed to make publication hereof, if need be, in the appropriate form.