[A1641/7/33]¹

[Supplication of Sir James Baillie of Lochend]

Supplication of Sir James Baillie

To the honourable members of the high court of parliament of this kingdom, humbly shows your lordships' humble servant Sir James Baillie of Lochend, knight baronet, son and heir to the late Sir Gideon Baillie of Lochend, knight baronet, my father, that where it is not unknown to the whole kingdom that my said late father being upon the public service in defence of the country and being at Dunglass upon 29 August 1640 in company and under the commandment of the late [Thomas Hamilton], earl of Haddington, colonel for East Lothian, in that lamentable accident of Dunglass the said late Sir Gideon Baillie was fatally wounded and hurt so that within few days thereafter he died of the said wounds. And seeing by an express act of that session of this present current parliament held in June 1640 it is declared that the benefit of the ward, marriage, non-entry and relief of all such persons as shall happen to be killed in the defence of the religion, laws and liberties of this kingdom during the time of the troubles thereof shall only pertain and be conveyed and given freely in favour of the heirs, widow and bairns of those who shall happen so to be killed in manner specified in the said act; likewise by diverse preceding acts of parliament and ancient laws of this kingdom it is ordained that the ward, marriage, relief and non-entry of those who shall be killed or die in the armies and hosts raised for defence of the country or be hurt to death or takes sickness in the army and dies in the said sickness, going thereto, remaining thereat or returning therefrom, or who gets death wounds in the army and of the said wounds thereafter dies, shall be conveyed freely in favour of their heirs, widow and bairns and that their heirs shall enter to their lands holding feu or any other way without doubling of their feu duty or payment of any other composition for their said entry. And likewise it is statute that their heirs and successors shall hold the benefit of their possessions, tacks and liferent rights for the space of five years next after the decease of their said predecessors. Which acts of parliament and every one of them are extended as well to vassals and possessors holding lands of the king's majesty as of any other superior and overlord, spiritual or temporal, as plainly does appear by the foresaid act in June 1640 and by the 41st, 42nd and 43rd acts of the 2nd parliament of King James VI. Item, by the 4th, 5th and 6th acts of the 3rd parliament of Queen Mary, as also by the 3rd and 4th acts of the 2nd parliament of King James V and by the 102nd act of the 7th parliament of King James IV and many other laudable acts introduced in favour of such as dies in the defence and service of the kingdom. And seeing my said late father died in the defence of his country in manner foresaid, therefore my humble petition is that it may be found and declared by act and decreet of parliament that the benefit and profit of my ward, marriage, relief and non-entry and failing of me by decease unmarried the ward, marriage, relief, non-entry of the next lawful heir or heirs succeeding to my said late father may and should be conveyed freely to us and that we may have free entry to our lands held ward, feu or any otherwise without payment of any double of the feu duty or other composition for the said entry. And that it may be declared that there is and shall be five full years and crops added to all liferent rights and tacks standing in my said late father's person, and which were shortened by reason of his decease in manner foresaid. And that I and the other children, heirs and widow of the said late Sir Gideon Baillie ought to enjoy and have the benefit of the said whole former acts of parliament and every one of them in respect he died in the public service as said is, and that a full and ample act of parliament may be extended hereupon.

5 August 1641

The estates of parliament, in respect of their certain knowledge of the verity of the written within supplication, find the desire thereof reasonable and order the gift to be passed freely, according to the act of parliament, and ordain the clerk to give out the duplicate hereof under his hand if need be.

[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament²