[A1641/8/110]¹

[Supplication of Sir William Baillie of Lamington]

Supplicatioun Laird of Lamyngtoun²

To the king's most excellent majestie and richt honorabill estates of parliament, the humble petitione of Sir Williame Bailyie of Lamingtoune, knight.

That quhair the estate and liveing of Lamingtoune hes beine peaceablie bruikit and possest be me, my father, gudshir and grandshir thir thriescoir and ten yeires bygane without any questioune or contraversie moved thairanent or any pairt thairof, and that be vertew of publict infeftmentis haldin of your majestie and confermed in parliament, quhilk peaceable possessioune be the speace of swa many yeires conforme to valide and formall richtis ratefied in parliament as said is be the lawes of the countrie establishes a richt uncontroleable in my persone. Notwithstanding quhairof, Generall Major William Bailyie hes given in ane bill at his instance as alledgit appeirand air to umquhile Williame Bailyie of Lamingtoune, my grandshir, craveing upone certane pretendit formalities of civill law nawayes receaved be the lawis, customes and practick of this kingdome, that the richt of the estate of Lamingtoune maid some thriescoir and ten yeires since be my said umquhile grandshir to Edward Maxwell, alias Bailyie, my gudshir, to be declaired voyde and ineffectuall in all tyme coming with all that hes followed thairupone, and that he hes the onlie richt to the said estate, or utherwayes your majestie and estates foirsaids wald be pleased to appoynt ane comitte of judicious and conscionable judges to that effect, not so much to consider the strict poyntis and formalities of law, bot rather to proceed and determine in the said matir according to equitie and the law of God and nature albeit the mater be altogether civill concerneing the validitie or invaliditie of richtis to the deceisioune quhairof the lordis of sessioune ar onlie proper judges in the first instance by the institutioune of the colledge of justice and by the 92 act of King James 6, his sext parliament, and divers uthirs actis of parliament, declaireing that the kingis majestie his parliamentis sall have littill tyme and opportunitie to consider his hienes awne effaires and the causis of the comone weill iff at the inopportune sute of privat pairties civill causis properlie belanging to the judgement of the colledge of justice salbe brocht befoir theme. As also that the said Generall Major William Bailyie, alledgit appeirand air foirsaid, is not that pairtie be the lawes of this countrie quha under that name can controvert a mater of the leist moment and much les the estate and liveing of Lammingtoune belanging to me, being ane member of the hous. Lykeas it is without example that the richt that I and uthirs his majesties leidges hes of our estates sould be drawne in questioune in so sumer a way and not befoir the lordis of sessioune as judges ordiner, quhilk is not admissable be the lawis of this countrie. And I aught to have the libertie and comone benefits of justice heirtofoir competent to all his majesties subjectis quha ar ordained to be governed by his hienes lawis. Heirfoir I most humblie beseich your sacred majestie and honorabill estaites of parliament foirsaidis that the said Generall Major Williame Bailyie and any proces he hes anent the said mater may be remitted to the lordis of sessioune, quha ar onlie judges competent to the decisioune of all contraversies of richtis, and thair to persew all actiounes competent or that may be competent to him anent the said estate, befoir quhom I am confident to mak appeire that my and my predicessores richt is undoutted and unquestioneable, and that the said Generall Major William Bailyie hes nether intrest, nor ground to call the samyn in questioune. And craves your majesties and honorabill estates of parliament foirsaid answer.

19 February 1642

Delyverit to Generall Major Bailzie.³