[1649/5/323]¹

Act in favour of Fergus Graham of Blackwood

The estates of parliament, having heard and considered a supplication given in to them by Fergus Graham of Blackwood and William and Arthur Graham, his sons, George Graham, son to John Graham of Redkirk, Dick and John Irvine, sons to Arthur Irvine of Skailes, John Graham, son to Arthur Graham, William Graham, son to George Graham, called the Roust, James Johnston, son to John Johnston, called of Gratnay, George Graham, son-in-law to the said Fergus Graham, Roland Goodfellow and John Halliday, servants to the said Fergus Graham, showing that where James [Murray], earl of Annandale caused denounce them rebels and put them to the horn for alleged [...], they not compearing before the lords of his highness's secret council to have answered to a pretended complaint given in by him against them, albeit he had no just reason nor cause to convene them before the said lords of privy council except mere and plain malice; and the said earl, having purchased a pretended decreet of removing against the said Fergus Graham of Blackwood and his tenants for removing from his whole lands for no defence, and thereupon having procured a warrandice from the lords of session that no suspension be granted of the said pretended decreet, contrary to all reason and form, from which he was debarred from any suspension, whereby he was necessitated to go to the horn, whereupon the said earl raised caption, which moved him to convene him, his sons and friends above-named before the secret council, where, if they had compeared, he would have taken them and put them in prison; and so for their non-compearance at that time (when they dare not for fear of capture and warding) they were ordained to be denounced and accordingly denounced to the horn, albeit the said earl could in no way have convened the said George, son to the said John Graham of Redkirk, James Johnston, son to the said John Johnston, called of Gratnay, George Graham, son-in-law to the said supplicant, and Roland Goodfellow because they dwell not within the kingdom of Scotland but within the kingdom of England, and so they could not have been cited nor had no necessity to appear before the said lords of secret council nor could not have been denounced to the horn. Whereupon the said earl's cruel using of them and taking of the said Fergus Graham and William Graham, his eldest son, in December last in the deep time of winter and carrying them to the tolbooth of Dumfries and detaining them therein until this month of July and ejecting them out of their whole estate, houses and buildings and spuilzing and taking away their whole goods and gear and collecting of their whole rents whereupon they should live and be maintained, they submitted themselves to the said estates of parliament, who remitted the said matter to the lords of session and recommended the same into their serious consideration, and in the meantime gave warrant to put them to liberty, and in the meantime ordained them to be free of all personal trouble and molestation at the said earl of Annandale's instance until the said lords of session gave their full decision anent the difference between the said earl and them, as the act given in their favour shown and produced bears. Whereupon the said Fergus has obtained suspension and relaxation of the said pretended decreet of removing and horning following thereupon by the lords of session, nevertheless they are still under danger of the said horning used against them upon the said pretended decreet of secret council, and that they are not able nor can get no suspension and relaxation from this in respect of the secret council not sitting, and that they are not able to find caution, being put from their whole estates and means by the cruel usage of the said earl. Therefore humbly supplicating the said estates of parliament to have respect to their hard estate and to give command and warrant to any of the said lords of secret council and clerk thereof to grant them suspension and relaxation of the said pretended horning without any caution in respect they who are within this kingdom shall be content to compear at any diet the said lords of secret council shall please, to answer to the said complaint given in against them in respect they can get none to be cautioner for them as said is, as the said supplication bears. Which being taken into consideration by the said estates of parliament, they have given and granted and give and grant warrant and command to any one of the lords of secret council and Mr James Primrose, clerk thereof, to grant a suspension and a relaxation without any caution to Fergus Graham of Blackwood and to the other persons above-mentioned of the said letters of horning raised upon the aforesaid decreet of secret council given against the said whole persons for non-compearance as said is.