[1649/5/367]¹

Act in favour of Robert Kerr of Dalcove

The estates of parliament, having heard and considered a supplication given in to them by Robert Kerr of Dalcove, showing that where he being bound and obliged to various and sundry persons, his creditors, for making payment to them of certain sums of money indebted by him to them, partly by property of himself and partly as cautioner and for surety for Thomas Kerr of Mersington, the said persons, his creditors aforesaid, have not only for their satisfaction used legal execution against him by comprising his whole lands and estate, but also raised letters of horning and caption for taking and apprehending his person, so that the said supplicant, not daring to come in public and go about his business and affairs for managing the same and procuring payment to his said creditor of the sums of money properly owing by himself and as cautioner aforesaid for which his said lands and estate are comprised as said is, the legal reversion of his estate will expire and he will be altogether ruined and undone. And seeing it is of verity that the said Thomas Kerr of Mersington, for whom he is cautioner, has procured protection from the said estates of parliament to his person for a certain space, and that those persons to whom he is bound for him and for himself have apprised his lands as said is, whereby they are sufficiently secured for payment of their debts indebted to them as said is, and that by reason of the said captions he will never be able to go about his business for redeeming the same out of their hands, so that the same will be totally exhausted and the reversion expire; therefore humbly supplicating the said estates of parliament to take the premises into their consideration and hereby to grant protection to his said person from all captions, acts of warding and other personal execution that can be used against him at the instance of either of his said creditors for such a competent time as the said estates of parliament shall think expedient and convenient for him to give satisfaction to them of the debts justly indebted by him to them for himself or as cautioner aforesaid; and in the meantime to discharge all sheriffs of shires, stewarts of stewartries, provosts and bailies of burghs, messengers of arms and other judges ordinary within this realm of all seizing, apprehending or incarcerating of his person during the time and space of their protection, as at more length is contained in the said supplication. Which, with the report of the committee relating thereto, being taken into consideration by the said estates of parliament, they have given and granted and give and grant liberty and protection to the said Robert Kerr of Dalcove's person from all captions, acts of warding and other personal execution that can be used against him at the instance of any of his creditors, and do hereby discharge all sheriffs, stewarts, provost, bailies of regalities and messengers of arms and other judges ordinary within this realm of all seizing, apprehending or incarcerating or troubling his person in any manner of way until 15 September next.