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

Bill be the lairdis of Aytoun and Lochend for a dispenssatioun to the shirreff of [Clakmannane etc.]

Wnto the kingis most excellent majestie and honorabill ettaittis of the hie court of parliament, humblie meanis and schawis Williame Home of Ayttoun and Sir James Baillie of Lochend, knycht barronet, and Dame Magdalene Carnegie, lady Lochend, Sir Patrik Hammiltoun of Little Prestoun, knycht, the said William Home of Ayttoun and Williame Butter, tutouris testamentaris to the said Sir James Baillie for thair entresis, that quhair umquhill Williame, erll of Sterling, and umquhill Williame, lord Alexander, his sone, ar addebtit and awand to me, the said Williame Home of Ayttoun, as assignay constitut be umquhill Sir Gedeoun Baillie of Lochend and be certane uthair perounes, creditouris to the said umquhill Erll of Sterling and Lord Alexander, diverse great soumes of money principallis, annuelrentis and penalties conforme to certane bandis grantit be thame thairupoun, the richtis quhairof ar establishit in the persone of me, the said Laird of Ayttoun. Lykeas, I, the said Sir James Baillie, haif lykwayis richt to the same soumes, bandis and uthairis securities maid thairupoun, pairtlie as air to the said umquhill Sir Gedeoun, my fathair, and pairtlie be assignationes and translationes of the same maid to me be the said Laird of Ayttoun and uthairis persounes, creditours to the said umquhill Erll of Sterling and Lord Alexander. And inrespect that the said umquhill Erll of Sterling and Lord Alexander ar both deceist, we, your majesties petitionaris, ar necessitat to intent and persew actiones at our and ather of our instances aganis Alexanderis lawfull dochteris to the said umquhill William, lord Alexander, and airis portionaris of lyne to him, thair fathair, and oyis and airis portionaris of lyne to the said umquhill William, erll of Sterling, thair guidsir, at leist as lawfully chairgit to enter airis to thair said umquhill fathair and guidsir and to ather of thame, conforme to the act of parliament, and thair tutouris and curatouris gif they ony haiff for thair entress, and aganis Harie, now erll of Sterling, as sone and air maill, tailye and provisioun to the said umquhill Williame, erll of Sterling, his fathair, and brothair and air mail, tailyie and provisioun to the said umquhill William, lord Alexander, his brothair; at the leist as lawly chairget to enter air maill, tailyie and provisioun to his said umquhill fathair, brothair and respective conforme to the act of parliament for payment making to ws and ather of ws of the saidis soumes of money awand to ws be the saidis umquhill Erll Sterling and Lord Alexander contenit in thair saidis bandis, and for fulfilling of the samyn to ws efter the formes and tennouris thairof and of the assumptiounes and richtis maid to ws thairto; quhilkis actiounes we haiff pairtlie intentit and ar of intentioun to intent and persew befor the shirreff of Clakmanane and his deputtis in respect of the not sitting of the lordis of sessioun. And be ressone that ane great pairt of the said umquhill Erll of Sterling and Lord Alexander thair landis and estaitt within this kingdome quhairunto thair saidis airis of lyne and of tailyie may succeid lyes within the said shirrefdome of Clakmannane, sua that the said shirreff and his deputis ar and suld be maist proper and competent judgis befor quhom the saidis actiounes aucht and suld be persewit, specialie seing the saide airis of lyne and tailyie respective haiff no certane duelling place outwith the said schyre within this kingdome, bot remanes and duellis actuallie within the kingdome of England; in the quhilkis actiounes (alswell intentit as to be intentit thairanent) the said shirreff of Clakmanane and his depute cannot nor may not gudelie sitt and hald courtis without your majestie and estaitte of parliament expres warrand and dispensatioun in maner underwrittin be ressone of the present sitting of the hie court of parliament; and that the saidis pairties duellis outwith this kingdome, quhairby we your majesties petitionaris will be heavilie prejudgit and damnifeit by the delay of tyme and want of justice without remeid be provydit, heirfoir we maist humblie beseik your sacred majestie and estaittis of parliament to grant warrand and dispensatioun heirby to the said shirreff of Clakmannane and his deputtis and to authorize thame conjunctlie and severallie as judgis delegat be your majestie and parliament to sitt and hald courtis, proceid and minister justice in all actiounes ather alreddie intentit or to be intentit and persewit be ws or ather of ws aganis the airis of lyne and tailyie of the saidis umquhill Erll of Sterling and Lord Alexander and aganis all uthair persones concerning the premisis forsaidis, and to that effect to direct preceptis and citatiounes aganis thame ather being outwith this kingdome or within the same in the ordinar forme, and to proceid to the finall decisioun of the saidis actiounes. And that it may be declairit be his majestie and estaittis of parliament that the saide actiounes and sentences to follow thairupoun befor the said shirreff and his deputtis ar and sallbe als valid and effectuall groundis and warrandis to furnish comprysing of thair landis, poinding, horning and all uthair maner of executioun personall and reall as gif the saidis defendaris wer actuallie and reallie duelling and residing within the said shirrefdome, or as gif this hie court of parliament wer not seting; as also as gif the same sentences wer pronuncet be the lordis of sessioun. Quhairanent your majestie and estaitte of parliament wald be pleisit heirby to grant your dispensatioun and expres warrand and ordane ane act to be grantit and extendit heirupon in dew forme.

16 September 1641

Red in audience of his majestie and estaittis of parliament, who grauntis the dispensatioune within written, and ordaines the clerk to give furth and extract ane act and warrand conforme thairto, authorizing and warranding the shirreff of Clakmannan and his deputtis to proceid in the actiones withinwritten ut infra.

Balmerino, I[n] p[raesentia] d[ominorum] parliamenti2

  1. NAS, PA6/4, 'September 16 1641'.
  2. This clause is written on the rear of the document.