[1640/6/67]¹

Act 48

Reference to the committee of estates in favour of Master William Cunningham [of Brownhill]

The petition and claim given in to the committee residing at Edinburgh, consisting of noblemen and of the commissioners of shires and burghs, by Master William Cunningham of Brownhill against George Buchanan, fiar of that Ilk, desiring the committee to provide such remedy and take such course with the said Laird of Buchanan for the wrongs and violences done to the supplicant as they should think expedient, as the supplication purports. Which supplication being thereafter given to the said commissioners, 28 April 1640, it was then thought fit by that committee that the Laird of Buchanan should compear before them the morning thereafter, likewise the matter and parties, being upon 14 May last both personally present before the committee and desired to submit, they could not agree upon the terms of the submission, whereupon the committee then assigned to the supplicant 2 June to prove his libel and to be determined by the parliament, to whom the committee referred the same. And the same being now this day presented and given in to the estates of parliament, now convened by his majesty's special authority, and being taken by them to their consideration, the said estates of parliament remit the foresaid matter to the committee of estates appointed to reside at Edinburgh by commission and act of this present session of parliament, to be considered, tried, decided and determined by them according as they, after consideration and trial of the matter, shall find agreeable to equity and justice. For doing whereof, the said estates give power and commission to the said committee and to take all such trial and use all such means for clearing of the business and their information relating thereto as they shall think fit and expedient, and as may best serve for deciding the matter and giving forth decreet and sentence therein.

[1640/6/68]²

Act 49

Reference to the committee of estates in favour of Robert Scott of Dryhope against [John Stewart], earl of Traquair

Regarding the supplication given in to the estates of parliament, now convened by his majesty's special authority, by Robert Scott of Dryhope against John, earl of Traquair, making mention of the wrongs and prejudices done by the earl to the supplicant mentioned and set down in the said supplication, and therefore desiring the estates to take the same to their consideration and take such order relating thereto as they shall think expedient, that the supplicant may be repossessed to his lands contained in the said supplication and to the taking up of the duties thereof, as the said supplication in the self purports. Which supplication being heard in audience of the said estates and the desire thereof considered by them, the said estates of parliament remit and recommend the supplication above-mentioned and desire thereof to the committee of estates appointed to reside at Edinburgh by a commission and act of this present parliament, to be considered by the said committee, with power to them to do therein as after consideration and trial taken regarding the premises they shall find expedient, lawful and equitable.