The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1587/7/130]1
Act in favour of David Ferguson of Glenschynroch
2Concerning the supplication given in and presented to our sovereign lord and three estates of this present parliament by David Ferguson of Glenschynroch, elder, and David Ferguson, younger, making mention that where they intended action before the lords of session against John [Maxwell], earl of Morton, lord Maxwell and Robert Charteris of Kelwood, for the wrongful, violent and masterful spoliation from them of diverse and sundry cattle, sheep, nags, plenishing, gold, silver, writs and evidences extending to diverse values, quantities and prices, contained in the summons raised thereupon, which being admitted to their probation and diverse terms assigned to them for proving thereof, and the said earl and Robert Charteris perceiving that they would prove the same against them, compeared by their procurators and alleged that they should be absolved therefrom in respect of the act of parliament made at Linlithgow on 10 December 1585, by the which all deeds, wrongs, oppressions and other faults alleged, committed and done by the said earl, or any others contained in the said act since our said sovereign lord's coronation, should be remitted and discharged, and the said plunder was committed within the same time and therefore the same should be taken away; to the which it was answered for the said David Ferguson, elder and younger, that the said allegiance ought not to be heard, seeing there is litiscontestation made in the cause long of before and their summons admitted to their probation, notwithstanding the whole defences proposed by the said earl and Robert and sundry witnesses examined in the cause long of before the said act of parliament; and also the said act of parliament can in no way be extended to particular parties' actions which proceeded not upon the common causes between the Maxwells and Johnstons, and seeing the said David Ferguson, elder and younger, were in no way partakers with the said common troubles, the same act of parliament upon good conscience cannot be extended to take away the said plunder; which allegiance, with the answer made thereto, being seen and considered by the said lords, they remitted the decision of the said allegiance founded upon the said act of parliament to our said sovereign lord and three estates of this present parliament for giving of his highness's declaration and interpretation if the said act made in favour of the said earl takes away the said plunder, and until the same be done, has superseded all further process in the said matter, as an act made thereupon bears; through which the said complainers are heavily damnified and harmed through the want of their whole goods and gear intromitted with by the said earl and Robert, and can get no process nor justice in the said matter unless our said sovereign lord and three estates aforesaid provide remedy, requiring them, therefore, seeing the said matter in no way concerns the said act of parliament, that his highness will take trial thereto and remit the same to the session to be discussed by the lords thereof, commanding them to proceed and do justice therein and all other actions pursued or to be pursued by the said David, elder and younger, against the said earl and Robert Charteris, or any others, the said earl's servants, plunderers of their goods and gear from them, notwithstanding the said act of parliament, as at more length is contained in the said supplication. Which being heard and considered by our said sovereign lord and his said three estates, they have remitted and remit the decision as the aforesaid allegiance and answer made thereto, grounded on the said act of parliament made in favour of the said earl of Morton and his dependants, with the actions and matters presently depending before the said lords between the said parties, to the lords of council and session, where the same took first beginning; and ordain them to proceed and do justice therein to the final end and decision thereof, as they will answer to God and his highness upon the execution of their offices.
- NAS, PA2/13, ff.135v-136r.
- 'P.' written in margin.