[1585/12/53]¹

Act in favour of John Aitchison

²Forasmuch as concerning the supplication given in before the king's majesty and lords of articles by John Aitchison, sometime his highness's master coiner, making mention that where seeing the said John Aitchison's present miserable estate is not unknown to our said sovereign and how he is fallen in this calamity not by his own government for his own deed nor default, but by the occasion of his office and service to the late William [Ruthven], earl of Gowrie, treasurer to our sovereign lord for the time, by whom the said John was induced to take upon him the payment of diverse debts that he contracted for his grace's affairs, specially for his highness's apparel to merchants, surmounting the sum of £10,000, the relief thereof the said John looked to have had by the coin-house, as usually the masters thereof have been accustomed at desire of the treasurer to disburse their own money and to employ their credit for the prince's service; but the coin-house being set in tack to certain merchants of Edinburgh, with power to choose their own master coiner, the said John was removed for refusing to be partner with them in making of such money as proved thereafter unprofitable and worthily discharged; after which followed the death, forfeiture and removing from office of the said late William, earl of Gowrie, treasurer, and so all means of the said John's relief being cut away, he was denounced to the horn at the instance to whom he had become debtor and compelled to flee his own house, and for refuge ever compelled to remain in the girth since, and, namely, in this late troublesome time of pestilence, whereby he is wracked both in body and goods, his bairns remaining unhelped and the s[...]er³ heritage that he himself and his friends conquest to him for a life thralled and unable ever to be recovered without the king's majesty's gracious favour; beseeching therefore most humbly his highness to have pity and compassion of the said John's long trouble and apparent utter wrack undeserved, and because the greatest part of the debt above-specified, whereunto the said John is subject, is for his highness's own affairs and otherwise he would never have subjected himself to that peril, the said late earl and his heirs being always obliged for his relief, seeing our said sovereign lord of his highness's clemency is now moved to restore the heirs of the said late earl, the said John's humble petition is that his majesty, with the advice of the three estates of this present parliament, would presently take such order in granting them their favour and benefit that the said John may be paid of the sums of money owing him by the said late earl and his heirs now to be restored in this present parliament, and that he may have execution upon their lands and goods for payment thereof according to the law, notwithstanding the said late earl's eldest son was infeft in fee of his lands in his own lifetime, and also notwithstanding any supersederes or other privilege whatsoever granted to the said late earl in his lifetime, whereby the said John or his heirs may be defrauded in the payment of the said sums, to the effect he may be relieved at his creditors' hands, and that our said sovereign lord, with advice aforesaid, would decree and declare all such supersederes and privileges so far as concern him null and of no value, force nor effect, as at more length is contained in the said supplication. Our sovereign lord and three estates of this parliament, knowing the truth of the said complaint, ordains and declares that the said John and his heirs shall have execution upon the said lands which pertained to the said late Earl of Gowrie for payment of the said sum of £10,000 (except so much thereof as he shall be found by just calculation to be freed and relieved of), and that they have like process of comprising of the same lands, or any part thereof, or annualrent out of the same, as will extend to the payment of the sum above-written, or otherwise execution of horning against the person of now James [Ruthven], earl of Gowrie, restored in this present parliament to the lands and living of his said late father, and execution of his goods and gear whatsoever by poinding, likewise and in the same manner as the said John might have had against the said late earl being alive and standing sasined in fee of his lands, living and heritage, or as if the said James, his son, were sasined by brieves and entered as heir to his said late father to his said lands and heritage, notwithstanding that the said James was infeft in fee of the said lands and heritage in the lifetime of his said late father, and notwithstanding any supersederes granted to him or other privilege whatsoever granted to the said late earl in his lifetime, or to the said James, now earl of Gowrie, by his restitution, whereby the said John and his heirs may be defrauded in payment of the said sums; which supersederes his highness and three estates declare to have no force nor validity to stop or hinder execution for the said John's relief of the sum above-specified in manner aforesaid; and ordain letters to be directed hereupon in the appropriate form.