[1585/12/53]¹

Act in favour of Johnne Achesoun

²Forsamekle as anent the supplicatioun gevin in befoir the kingis majestie and lordis of articles be Johnne Achisoun, sumtyme his hienes maistir cunyear, makand mentioun that quhair seing the said Johnne Achisone, his present miserable estait, is not unknawin to our said soverane and how he is fallin in this calamitie not be his awin government for his awin deid nor default, bot be the occasioun of his office and service umquhill William, erll of Gowrie, thesaurer to our soverane lord for the tyme, be quhome the said Johnne was inducit to tak upoun him the payment of divers debtis that he contractit for his graceis effaires, speciallie for his hienes apperrell to merchantis, surmunting the sowme of ten thowsand pund, the releif thairof the said Johnne luikit to have had be the cunyehous, as usuallie the maistiris thairof hes bene accustomat at desire of the thesaurer to deburse thair awin money and to employ thair credit for the princes service; bot the cunyehous being sett in tak to certane merchantis of Edinburgh, with power to cheis thair awin maistir cunyeour, the said Johnne was removit for refusing to be partiner with thame in making of sic money as provit thaireftir unproffitable and worthelie dischairgit; eftir the quhilk fallowit the death, forfaltour and removing fra office of the said umquhill William, erll of Gowrie, thesaurer, and swa all moyen of the Johnnis releif being cuttit away, he was denunceit to the horne at the instance to quhome he become debtour and compellit to flie his awin house, and for refuge evir compellit to remane in the girth sensyne, and, namelie, in this lait trubilsum tyme of pest, quhairby he is wraikit bayth in body and guidis, his bairnis remaning unhelpit and the s[...]er³ heretaig that he him selff and his freindis conqueist to him for ane lyff thrallit and unable evir to be recoverit without the kingis majesteis gracious favour; beseikand heirfoir maist humeble his hienes to haif pitie and compassioun of the said Johnnis lang truble and appeirand utter wraik undeservit, and becaus the grittest pairt of the debt abonespecifeit, quhairunto the said Johnne is subjecte, is for his hienes awin effaires and utherwayis he wald nevir have subjectit him selff to that perrell, the said umquhill erll and his airis being alwayis oblist for his releiff, seing our said soverane lord of his hienes clemencie is now movit to restore the airis of the said umquhill erll, the Johnnis humeble petitioun is that his majestie, with the advise of the thrie estaitis of this present parliament, wald presentlie tak sic ordour in granting thame thair favour and benefite that the said Johnne may be payit of the sowmes of money awand him be the said umquhill erll and his airis now to be restorit in this present parliament, and that he may have executioun upoun thair landis and guidis for payment thairof as accordis of the law, nochwithstanding the said umquhill erllis eldest sone was infeft in fie of his landis in his awin lyftyme, and als notwithstanding ony supersedereis or uther privelege quhatsumevir grantit to the said umquhill erll in his lyftyme, quhairby the said Johnne or his airis may be defraudit in the payment of the saidis sowmes, to the effect he may be releifit at his creditouris handis, and that our said soverane lord, with advise forsaid, wald decerne and declair all sic supersedereis and prevelegis sua far as concernis him null and of nane availl, force nor effect, as at mair lenth is contenit in the said supplicatioun. Oure soverane lord and thrie estaitis of this parliament, knawing the treuth of the said complaint, ordanis and declairis that the said Johnne and his airis sall have executioun upoun the saidis landis quhilkis pertenit to the said umquhill Erll of Gowrie for payment of the said sowme of ten thowsand pundis (except samekle thairof as he salbe fundin be just calculatioun to be fred and relevit of), and that thay have lyke proces of comprysing of the samyn landis, or ony pairt thairof, or annuelrent furth of the same, as will extend to the payment of the sowme abonewrittin, or utherwayis executioun of horning aganis the persoun of now James, erll of Gowrie, restorit in this present parliament to the landis and leving of his said umquhill father, and executioun of his guidis and geir quhatsumevir be poynding, siclyke and in the same maner as the said Johnne mycht have had aganis the said umquhill erll being onlyve and standing seasit in fie of his landis, leving and heretaig, or as gif the said James, his sone, war seasit be brevis and enterit as air to his said umquhill father to his saidis landis and heretaige, notwithstanding that the said James was infeft in fie of the saidis landis and heretaig in the lyftyme of his said umquhill father, and notwithstanding ony supersedereis grantit to him or uther privelege quhatsumevir grantit to the said umquhill erll in his lyftyme, or to the said James, now erll of Gowrie, be his restitutioun, quhairby the said Johnne and his airis may be defraudit in payment of the saidis sowmes; quhilkis supersedereis his hienes and thrie estaitis declairis to haif na force nor validitie to stope or hinder executioun for the said Johnnis releif of the sowme abonespecifiit in maner forsaid; and ordanis lettres to be directit heirupoun in forme as effeiris.