[A1641/8/37]¹

[Petition of William Home of Ayton and Sir James Baillie of Lochend]

Bill by the lairds of Ayton and Lochend for a dispensation to the sheriff of Clackmannan etc.

To the king's most excellent majesty and honourable estates of the high court of parliament, humbly means and shows William Home of Ayton and Sir James Baillie of Lochend, knight baronet, and Dame Magdalene Carnegie, lady Lochend, Sir Patrick Hamilton of Little Preston, knight, the said William Home of Ayton and William Butter, tutors testamenters to the said Sir James Baillie for their interest, that where the late William [Alexander], earl of Stirling, and the late William [Alexander], lord Alexander, his son, are due and owing to me, the said William Home of Ayton, as assignee constituted by the late Sir Gideon Baillie of Lochend and by certain other persons, creditors to the said late Earl of Stirling and Lord Alexander, diverse great sums of money principals, annualrents and penalties according to certain bonds granted by them thereupon, the rights whereof are established in the person of me, the said Laird of Ayton. Likewise, I, the said Sir James Baillie, have likewise right to the same sums, bonds and other securities made thereupon, partly as heir to the said late Sir Gideon, my father, and partly by assignations and translations of the same made to me by the said Laird of Ayton and other persons, creditors to the said late Earl of Stirling and Lord Alexander. And in respect that the said late Earl of Stirling and Lord Alexander are both deceased, we, your majesty's petitioners, are necessitated to intend and pursue actions at our and either of our instances against Alexander's lawful daughters to the said late William, lord Alexander, and heirs portioners of line to him, their father, and grandchildren and heirs portioners of line to the said late William, earl of Stirling, their grandfather, at least as lawfully charged to enter heirs to their said late father and grandfather and to either of them, according to the act of parliament, and their tutors and curators if they have any for their interest, and against Harry, now earl of Stirling, as son and male heir, of tailzie and provision to the said late William, earl of Stirling, his father, and brother and male heir, of tailzie and provision to the said late William, lord Alexander, his brother; at the least as lawfully charged to enter male heir, of tailzie and provision to his said late father, brother and respectively according to the act of parliament for payment making to us and either of us of the said sums of money owing to us by the said late Earl of Stirling and Lord Alexander contained in their said bonds, and for fulfilling of the same to us after the forms and tenors thereof and of the assumptions and rights made to us thereto; which actions we have partly intended and are of intention to intend and pursue before the sheriff of Clackmannan and his deputes in respect of the not sitting of the lords of session. And by reason that a great part of the said late Earl of Stirling and Lord Alexander their lands and estate within this kingdom to which their said heirs of line and of tailzie may succeed lies within the said sheriffdom of Clackmannan, so that the said sheriff and his deputes are and should be most proper and competent judges before whom the said actions ought and should be pursued, specially seeing the said heirs of line and tailzie respectively have no certain dwelling place outwith the said shire within this kingdom, but remain and dwell actually within the kingdom of England; in the which actions (as well intended as to be intended relating thereto) the said sheriff of Clackmannan and his depute cannot nor may not goodly sit and hold courts without your majesty's and estates of parliament's express warrant and dispensation in manner underwritten by reason of the present sitting of the high court of parliament; and that the said parties dwell outwith this kingdom, whereby we your majesty's petitioners will be heavily prejudiced and damnified by the delay of time and want of justice unless remedy be provided, therefore we most humbly beseech your sacred majesty and estates of parliament to grant warrant and dispensation hereby to the said sheriff of Clackmannan and his deputes and to authorise them jointly and separately as judges delegated by your majesty and parliament to sit and hold courts, proceed and administer justice in all actions either already intended or to be intended and pursued by us or either of us against the heirs of line and tailzie of the said late Earl of Stirling and Lord Alexander and against all other persons concerning the premises foresaid, and to that effect to direct precepts and citations against them either being outwith this kingdom or within the same in the ordinary form, and to proceed to the final decision of the said actions. And that it may be declared by his majesty and estates of parliament that the said actions and sentences to follow thereupon before the said sheriff and his deputes are and shall be as valid and effectual grounds and warrants to furnish comprising of their lands, poinding, horning and all other manner of execution personal and real as if the said defenders were actually and really dwelling and residing within the said sheriffdom, or as if this high court of parliament were not sitting; as also as if the same sentences were pronounced by the lords of session. Concerning which, your majesty and estates of parliament would be pleased hereby to grant your dispensation and express warrant and ordain an act to be granted and extended hereupon in due form.

16 September 1641

Read in audience of his majesty and estates of parliament, who grant the dispensation written within, and ordain the clerk to give forth and extract an act and warrant according thereto, authorising and warranting the sheriff of Clackmannan and his deputes to proceed in the actions written within as below.

[John Elphinstone, lord] Balmerino, in presence of the lords of parliament²