[1661/1/394]¹

Judicial proceedings: decreet

Decreet for Robert Hamilton against the shire of Lanark

Our sovereign lord and estates of parliament, having considered a supplication presented to them by the widow and children of the deceased Quentin Hamilton of Barncluith and Robert Hamilton, one of the clerks of session, his brother and assignee constituted by him to the sums of money underwritten, showing that the said deceased Quentin Hamilton, being appointed captain of the castle of Avondale and in discharge of his trust, having repaired the same and furnished it with all warlike furniture and provisions, conduced soldiers and officers and maintained and defended the same (conforming to his majesty's several letters and orders) against the common enemy, for the most part upon his own charges and expenses for the space of twelve months and upwards, in regard all his majesty's orders issued out for maintenance thereof were almost rendered ineffectual by reason of the enemies constant lying in these quarters; which his majesty, taking to consideration at his passing by into England in the year 1651 and that the said Quentin had paid duly all the soldiers, his majesty and committee of estates then present at Lanark Muir did (without prejudice of his former order) ordain and appoint two months' maintenance of the shire of Lanark to be instantly paid to the said Quentin, in manner mentioned in the said act, dated 2 August 1651, conforming to the which the committee of the shire, having met and being sensible of the said Quentin's dutiful deportment in the said charge, did establish the account of the entertainment of the said garrison for twelve months time, and also having considered the said Quentin's payment thereof, and his other great charges upon the said garrison in manner foresaid, they, conforming to his majesty's said last order, did proportion the said two months' maintenance equally among the heritors of the said shire and ordained the same to be paid to the said Quentin, in manner specified in the said act made thereupon, dated 28 August, but in respect of the sudden and sad defeat at Worcester, and of the fatal overthrow of his majesty's whole forces in Scotland, a considerable part of the said maintenance was obstructed and is yet due by certain persons, notwithstanding whereof the said garrison was kept and maintained by the said Quentin a month and more thereafter, which the supplicants, having represented to his sacred majesty since his return, he was graciously pleased to recommend the same to his highness's commissioner and estates of parliament for their consideration, as the foresaid reference and former acts extant in the said matter more fully contains; and therefore, craving in consideration of the matter and of the sad condition of the supplicants, the said Quentin being now dead of a disease contracted in that service, and his estate much crazed thereby he having defended the same while there were no forces standing and no hope of succour, that such as are resting their respective proportions of the said months' maintenance might be ordained to pay the same to the supplicants, conforming to the former order, with the annualrent thereof, and also that the said Quentin might be approved for his service and actings and the said accounts authorised, and that the remaining charges, expenses and losses contained in an account therewith produced, extending to the sum of £10,534, might be recorded as a public debt and that they might be recommended to the king's most excellent majesty for payment thereof, and that all the other sums of money due by the said shire might be hypothecated and set apart for payment of the same, conforming to the former acts and ordinances. Which petition, being read and considered by the lords commissioners of parliament appointed for bills, they ordained the commissioners of parliament for the said sheriffdom of Lanark to see the same petition and instructions thereof who, having accordingly seen the same, together with an act of the committee of estates dated 24 August 1650 whereby the said deceased Quentin Hamilton is nominated and appointed governor of the said castle of Avondale, and he and the said shire of Lanark ordained to repair and furnish the same with all warlike provisions, which the said committee declared should be allowed in the first end of any money due to the public furth of the said shire in any manner of way; with the other act above-mentioned superscribed by his majesty at Lanark Muir, of the date and contents above-written; together with the other act of the shire of Lanark related above, whereby the said shire, conforming to the public orders and act above-mentioned, ordained every heritor and others liable in payment of maintenance within the said shire to pay to the said deceased Quentin Hamilton, or any others in his name having his power, the said two months' maintenance being August and September 1650 at 43s 4d Scots for each chalder of victual or £100 of valued rent for the time, and that towards and in part payment of the charges, expenses and loss which were sustained by the said deceased Quentin in and through his service above-written, extending to the said sum of £10,534 13s 4d over the said two months' maintenance, and the sum of £2,000 borrowed by certain gentlemen of the committee of the said shire and applied for the use of the said garrison in the year 1650, conforming to the established accounts thereof also then produced and now taken off his hand; and also an act of exoneration of the date 19 December 1651, whereby the said committee of the shire exonerated the said deceased Quentin Hamilton of the said garrison at Avondale, and of the said Quentin's service and charge which he had therein, recommending him to the committee of estates for payment of the said two months' maintenance and for payment of his remaining expenses, charges, loss and damage above-written, and with his majesty's recommendation, dated at Whitehall, 10 September last, whereby his majesty, upon a petition of the said supplicants, did recommend to the committee of estates and parliament that the arrears, disbursements and losses of the supplicants might be paid conforming to former acts and ordinances made thereupon; together with the said Quentin Hamilton's assignation to the said Robert Hamilton, supplicant, in and to the said two months' maintenance, and whole sums of money contained in the several acts above-mentioned, of the date 30 March 1660, all produced for the part of the supplicants for instructing their right and interest in the said matter, with several other acts and letters of his majesty's and committee of estates ordaining the said Quentin's arrears of former charges and disbursements whatsoever to be paid out of the first and readiest of any public money due or which should be due at any time thereafter by the said shire. The said commissioners for the said shire of Lanark by their report made thereupon declared that they found the supplicants to have good and undoubted right to the said two months' maintenance by the several acts, order, recommendation and assignation above-written, and diverse other acts produced for instructing thereof. But in regard the executors of the deceased James Rae, who are now also deceased, yet much represented by Robert Rae, merchant, to whose behoof, for the most part, the decreet after-specified was recovered, and who was constant agent therein upon pretence that they had furnished meal to the army at Leith, stole through a decreet for the said two months' maintenance against the said shire before the English judges in the time of usurpation, but they nor the supplicants who had a prior right from his majesty and duly intimated to and accepted by the shire, never being heard, they desired that the said Robert Rae might be warned to produce his and the said executors of the said James Rae their rights if they any had, conforming to the which the said Robert Rae, in obedience of a citation given to him to the effect above-written, having compeared with Mr George MacKenzie, as procurator for and in name and behalf of the said Robert Rae and executors foresaid of the said deceased James Rae who, after sight of the said supplication and whole acts and writs above-mentioned produced for the supplicant, as said is, and report aforesaid of the said commissioners of parliament for the said shire of Lanark, together with the declaration of the said Mr George MacKenzie, in name and behalf of the said Robert Rae and executors foresaid of the said deceased James Rae, with the report of the lords commissioners of parliament appointed for trade and bills made by them in the whole matter, the said estates of parliament, being well and ripely advised, found the desire of the said supplication just and reasonable and that the supplicant ought to be answered and obeyed of the two months' maintenance above-written, notwithstanding of any right the executors foresaid of the said deceased James Rae has or may pretend thereto, in respect the same two months' maintenance was proportioned and laid on by the said committee of the shire of Lanark at his majesty's command and that the deceased Quentin did enter in payment thereof six or seven years before any intimation of any right of the said executors; therefore, his majesty, with advice and consent of the said estates of parliament, decrees and ordains the heritors, liferenters and others liable in payment of cess within the said shire of Lanark to make good and thankful payment to the said Robert Hamilton, assignee foresaid, of the said two months' maintenance at the rate of 43s 4d for each chalder of victual or £100 of valued rent, according to the ordinary valuation in the said year 1650, each of them for their own parts, pertaining to their respective valuations, and declares the said payment of the two months' maintenance so to be made to the said Robert is and shall be a sufficient exoneration to the said shire thereupon at the hands of the said executors, and all other persons and parties pretending right thereto, and discharges them of all further troubling of the said shire thereupon for ever, and have approved and approves the said Quentin's service and whole actings as governor of the said garrison and discharges him thereof and of all sums of money or other provision received by him or other intromissions and accounts whatsoever in reference thereto, indemnifying and exonerating him thereupon for ever, and declares the remaining charges and expenses above-written, extending to the said sum of £10,534 13s 4d yet due above the said two months' maintenance, and whole former receipts with the annualrent of the said sum yet due, as said is, from and after the term of Whitsunday [18 May] 1651 during the non-payment of the same, to be a loyal advancement by the said Quentin for his majesty's service and due by his majesty and estates of this kingdom to the said Robert Hamilton, assignee foresaid, and recommends the same to be paid to him in manner contained in the said petition and acts above-written and produced, as said is, for instructing thereof, and ordains letters of horning on fifteen days to be directed for charging of each heritor, liferenter and others liable in payment of cess personally or at their dwelling houses or at their parish churches or head burgh of the said shire in general, or by their names in special, to make payment of their respective proportions in manner above-mentioned etc.