The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2025), date accessed: 15 February 2025
[1661/1/454]1
Judicial proceedings: decreet
Decreit [for] Barbara Hamilton against laird of Lamington and others
Anent the supplication given in to the heigh court of parliament be Barbara Hamilton, relict of the deceast James Hamilton of Stenhouse, and Mr Thomas Courtney, now her spous, for his enteresse, against William Baillie of Carphin, James Baillie, his son, Sir William Baillie of Lamingtoun, knight, James Baillie, his brother, Mr Johne Harper, advocat, and Cuthbert Hamilton of Cauder, shewing that about the yeer of God 1637 the said Barbara Hamilton, haveing remitted in favors of the said William Baillie of Carphin her right of lyverent and terce of her said deceast husband's lands and liveing of Stenhouse, the said William Baillie, in recompence thairof, did make and grant to her ane band and security for sex hundreth and fourtie merks Scots money as aliament and lyvelyhood to her, and for eight thousand merks to her fatherles childreen to be payed furth of the first and readiest of the rents of the lands and liveing of Stenhouse, yeerly dureing her lifetyme, which bond or security wes exhibite befor the lords of session in the yeer 1640 or therby and, in coroboration thairof, the lords of councill and session did passe their act therupon, which annuitie forsaid wes dewlie possest and enjoyed by her untill the yeer 1650, about which tyme the said William Baillie of Carphin did dispone his right of the forsaid estate in favours of the said Sir William Baillie of Lamingtoun, which Sir William Baillie did give his expres and particular band to releive the said William Baillie of Carphin of the forsaid yeerly annuitie and principall sume due to her out of the forsaid estate, for all yeers and termes from and after the terme of Witsunday 1650 yeers, and which bond wes dated the elevent day of December 1652 yeers, which is in the hands of Mr Johne Harper. Notwithstanding whairof, and that the said Sir William Baillie hes ever since enjoyed the forsaid estate and uplifted the maills and dewties therof, and that the forsaid yeerly annuitie and principall sume is the haill mantenace, lyveliehood and provision which she and her fatherles childreen have to live and subsist upon, yet the said Sir William Baillie most cruellie and unmercifullie, ever since the yeer 1652, and notwithstanding of his band of releiff forsaid, hes frustrat and withholden from her her annuitie abovementioned, which cruell usage wes occasioned by the production of her principall band and security befor the saids lords of councill and session, and the unjust away takeing therof by William Baillie of Carphin and Sir William Baillie of Lamingtoun, her debtors therin, or by some of their advocats or some other in thair names who, or some of them, hes had or fraudulentlie hes put the same away to the rwine and prejudice of her and her fatherles childreen, exposeing them therby to a starveing condition unles ane present effectuall course wer taken in justice for preventing the same, and for repareing their damnage and sufferings therin and, seing this is a cace of such extream necessity and singular oppression and that the ordinary judicatories are not patent for the present and incaice Carphin, being ane old infirme man should die, she and her childreen wold be utterly undone, therfor, she is necessitat to represent this sad condition and cruell usage to consideration and compassion in a mater so deplorable. And therfor, craveing that the saids defenders might be decerned to exhibite the said band and security abovementioned with the band of releiff aforsaid, and als that the saids William Baillie of Carphin and Sir William Baillie of Lamingtoun might be decerned to make payment to her and her said spous of the forsaid yeerly anuitie of the haill bygone yeers abovespecified, and to repossesse her agane in the saids rents and liveing of Stenhouse out of which they have been cruellie thrust in this troublesome tyme, and to enjoy the same conforme to ane act of the lords theranent and to make up and exhibite the forsaid band of eight thousand merks with sufficient security, ay and whill they be repayed of the haill byruns as als in all tymecomeing, as at more lenth is contained in the said suplication. Which action, being called in presence of the commissioners of parliament appointed for trade and bills, the said Mr Thomas Courtnay, for himselff and in name of the said persewers compeirand personallie, who produced ane double of the forsaid band of provision made be the said William Baillie of Carphin to the said Barbara Hamilton and her said deceast husband and bairnes, whairof the tenor followes: be it kend to all men be thir present letters me William Baillie of Carphin, forsameikle as Sir James Hamilton of Fingletoun, knight, by his letters of disposition subscryved with his hand of the date of thir presents, hes sold, annalied and disponed to me heretablie and irredeemablie all and haill the lands of Spittill, Longrigs, Heiddykes and Spitlegill, with the milne therof, multers, sequells perteaneing thairto and haill pertinents of the same, lyand within the barronies of Lesmahago and Stenhous and shirreffdome of Lanerick, and hes bund and obleidged him to infeft and sease me therintill by tuo sufficient charters of alienation, containing precept of sasine, to be holden and with warrandice in maner mentioned in the saids letters of dispositione, and therby hes made and constitute me cessioner and assignay in and to the maills and dewties of the saids lands fra Witsunday last to Mertymes next, and all yeers and termes therafter, and to the haill writs and evidents made and granted to him of the lands and others forsaids or whatsomever other lands, milns and others belonging to the lands and liveing of Stanehouse, teinds, personage and viccarage therof, and hes discharged the airs and executors of the deceast James Hamilton of Stenhouse, and all others whom it effeirs, of all summs of money, debts, goods, geir and others adebted to him be the said James, and of all obleidgements wherin the said deceast James stood obleidged to him, and of all bonds granted by him to the said Sir James and other writs and securities purchest be me to the said deceast James Hamilton of Stenhouse, or whatsumever other the lands and liveing of Stenhouse or teinds thairof, and hes delyvered to me the haill writs and evidents which he hes of or concerning the saids lands of Spittell, Langrigs, Heiddyks and Spitlegill, with the milne therof, and hes obleidged him to cause Barbara Hamilton, his daughter, relict of umqhile James Hamilton of Stenhouse, ratifie and approve the saids letters of disposition and to flit and remove herselff, her bairns, servants, familie, goods and geir furth and fra the maner place of Stenhouse, houses, bigings, yeards and pertinents and suffer me enter therto, brooke and joyse the same at my pleasure, as the saids letters of disposition containing diverse and sindrie other heads, articles and clauses contained in my favours at more lenth proports. Therfor, wit ye me as principall and with me [---] as cautioners, souerties and full debtors for me to be bund and obleidged, lykeas wee, be thir presents, both principall and cautioners, binds and obleidges ws conjunctlie and severally, our airs, executors and successors whatsumever, to make good and thankfull payment to the said Sir James Hamiltoun, knight, betuixt the date heirof and the feist and terme of Mertymes, in this instant yeer of God 1637, of the sume of eight thousand merks good and usuall money of this realme, as principall with the sume of three hundredth and tuentie merks money as annualrent therfor, from the terme of Witsunday lastbypast to the terme of Mertymes nextocum, and for the use and to the behove of the said Barbara Hamilton, relict of the said deceast James Hamilton of Stenhouse, and of [---] Hamiltons, her bairns procreat betuixt her and the said umqhile James Hamilton of Stenhouse, in maner following, to wit, the lyverent, use and proffite of the said haill sume to perteane and belong to the said Barbara, dureing all the dayes of her lifetyme, for her oune mantenance and for the interteanment and mantenance of her saids bairnes, they remaneing in houshold and companie with her and being content therwith in her oune companie and familie, or otherwayes as she, by advice of the said Sir James, shall appoint and direct to be bred and intertained, and the heretable right and fie of the said principall sume to perteane to the said James, his bairnes in maner following, to wit, three thousand merks to perteane to the said James Hamiltoun and the other fyve thousand merks of the same to pertean and belong to [---] Hamiltons, her sisters, equallie amongst them, ilk ane of them one thousand merks, and if any of the said James his sisters shall decease, that parte or parts of the person or persons deceiss and to accresse and perteane to the said James Hamiltoun, and incace it shall happen the said James to decease, that then his parte abovewritten of the said sume to accresse and perteane to his sisters abovenamed surviveand him equally and proportionallie among them all, and incaice of all their decease that then the said haill principall sume shall perteane and belong to the said Sir James Hamiltoun, his aires, executors and assignayes; and failyeing of thankfull payment of the said sume at the said terme of Mertimes nextocum with the termes annualrent therof afoirsaid, to be imployed be him to the use and behove forsaid, wee, the saids principalls and cautioners, be thir presents, binds and obleidges ws conjunctllie and severallie and our forsaids to content and pay to the said Sir James the sume of eight hundreth punds money forsaid of liquidat expences, by and attour the said principall sume and annualrent therof abovewritten, and if the said principall sume shall remaine unpayed any longer nor the said terme of Mertymes nextocum I, the said William Baillie, principall forsaid, be thir presents, binds and obleidges me and my forsaids to mak payment to the said Sir James, to the use and behove aforsaid, of the ordinar annualrent of the said principall sume conforme to the act of parliament, at Witsunday and Mertimes proportionally, sua long as the same shall remaine unpayed after the terme, but prejudice alwayes of the payment of the said principall sume and annualrents therof and liquidat expences forsaids incaice of failyie therof to the said Sir James at the said Mertymes nextocum, or of the same with the haill termes of the said annualrent which shall be unpayed at any other terme or tyme therafter, without requisition; and I, the said William Baillie, principall forsaid, bind and obleidge me and my forsaids to warrand and releive the forsaids persons my cautioners, their aires and executers of their becomeing cautioners in maner forsaid, and of all coast and skaith that they shall sustean or incurre thairthrow in any wayes; and for the more security, wee are all content and consents thir presents be insert and registrat in the books of counsill and ane decreit of the lords thairof interponed therto, and that letters of horneing on sex dayes and other executorialls necesser be direct heirupon and constituts [---] our procurators promitten' de rato. In witnesse whairof wee have subscribit thir presents with our hands at Edinburgh, the [---] day of July 1637 yeers, befor thir witnesses John Dickson of Hartrie, Alexander Harvie, writter in Edinburgh, the said Thomas Forrest and Alexander Kae, his servitor, sic subscribitur, William Baillie of Carphin, Johne Dikson, witnes, Alexander Harvie, witnes, Alexander Kae [and] Tho[mas] Forrest, witnes, upon the end of which band is written ane minute of the Ladie Stenhouse her ratification and renunciation, beareing the same to be dated the tuentie seventh day of December 1638 yeers.
Followes the coppie of the postcript in the taill and end of the said ratification as followes.
The ratification and renunciation abovewritten is ordained and agreed not to be delyvered to Carphin untill the tyme he give to the Ladie Stanehouse and her bairnes a band of eight thousand merks to be payed at Witsunday next, and pay her the bygone annualrents she compted and allowed what she hes receaved fra the tennents of Stanehouse alreadie, and the laird of Prestoun delyverand to Carphin the former band of eight thousand merks and Carphin lykewayes to renunce all right to Cleghorn's band with warrandice fra his oune deid, the laird to get the band fra the havers which is declared not to be in Carphin's hands. Sic subscribitur, William Baillie of Carphin [and] Barbara Hammiltoun. And craved that the same might be ordained to be of new made up to the said Barbara and her said bairns, conforme to the tenor thairof, and that the forsaid band of releiff might be exhibite and that the same might be ordained to be registrat in the books of councill and session that they might have ane extract therof, and that they might have the haill remanent desire of the petition granted to them; and the said Mr Johne Harper, one of the saids defenders, compeirand personally who exhibite and produced the forsaid band of releiff, upon production whairof, the said Mr Thomas Courtny, for himselff and in name of his said spous, asked instruments and craved that the same might be ordained to be registrat in the books of session that he might have extracts therof; and the remanent of the persons forsaids, defenders, compeirand be George Lockhart, advocat, their procurator, who declared that ther wes ane agreement betuixt the saids persewers and the laird of Lamingtoun, wherby Lamingtoun should have payd to the persewer eightscore pund[s] Scots money, by and attour what wes receaved alreadie of bygone anuitie, and that they wer content to adhere to that agreement and willing that the parliament might mak up the tenor of the forsaid first band made by Carphin to the supplicant and her childreen, of the date abovewritten, conforme to the coppie therof produced, as said is, and that ane act might be made therupon and that the same act might make als great faith against the said laird of Lamingtoun and the estate therof, and that all execution might be directed therupon as if the same had never been lost, and als that they wer content that the said laird of Lamingtoun should be obleidged to releive the said laird of Carphin thairof conforme to the said band of releiff, and that the same band of releiff should be registrat and execution declared to passe at the instance of the said supplicant for the forsaid yeerly annuitie and at the instance of her bairns, for the said principall summe; also against the said Sir William Baillie of Lamingtoun and his estate at the instance of the said supplicant and her childreen for the saids yeerly annuitie and principall sume, inrespect of the said band of releiff, siclyk and in the same maner as if he wer personally bund to them therby, and that both the saids William and Sir William Baillies, and thair estates respective forsaids, should be declared lyable and effectuall with the forsaid debt, and to be distressed therfore at the option of the supplicant and her saids bairnes, the one alwayes but prejudice of the other. All the rights, reasons and allegations of the saids parties, together with the forsaid band of releiff and copie of the first principall band abovementioned, with the copies of the minuts of ratification and declaration and provision on the end therof forsaids produced, as said is, with the desire and declaration respective abovementioned, with Mr Thomas Courtney's answer to the said declaration anent the forsaid agreement, wherby he alledged that the same agreement ought not to be respected because that agreement wes not keeped to him, together with the report of the commissioners of parliament appointed for bills theranent, being all heard, seen and considered be the saids estates of parliament and they therwith, being well and ryplie advised, our soverane lord, with advice and consent of the saids estates of parliament, decernes and ordaines the said Sir William Baillie of Lamingtoun to mak payment to the saids persuers of the said sume of eightscore punds Scots money (by and attour what is formerly receaved by them) and als decernes and ordaines the said William Baillie of Carphin to make up the said first bond of the tenor of the forsaid copie of the date abovewritten produced, as said is, and ordaines siclyk action and execution to be directed upon the same at the persewer's instance and upon this present decreit for fulfilling therof against the said William Baillie of Carphin and his estate, as if the said band had never been abstracted; and also decerns and ordaines all execution necessar to passe at the said persuer's instance and her saids bairns against the said Sir William Baillie of Lamingtoun and his estate for payment of the forsaid annuitie and principall sume abovementioned, inrespect of the forsaid band of releiff, siclyk and in the same maner as if the said Sir William wer personallie and positively bund to the saids pursuers therfor, but prejudice alwayes of any former right competent to the saids persewers for the said debt upon the saids lands, liveing and estate of Stanhouse, which is heirby declared to be altogether unprejudged, in any sort, and als hes ordained and ordaines the forsaid band of releiff to be insert and registrat in the books of councill and session to have the strenth of ane decreit of the lords therof, that letters and executorialls necesser may be directed therupon in maner specified therintill, and hes remitted and remits all action of compt and reckoning compitent to either of the saids parties for the defender's bygone intromission, with the rents of Stenhouse, to the lords of session as accords of the law, whom they ordeane summarlie, without delay, to proceid therin and that inrespect of the forsaid band of releiff produced, as said is, and copie of the forsaid first band and of the declaration abovewritten made for the defenders, as said is, and ordaines letters etc.
[1661/1/455]2
Act in favour of Mr Patrick Gillespie
The estates of parliament, haveing taken into consideration a supplication of Mr Patrick Gillespie shewing that it pleased the honorable committie of estates to sequestrat his stipend, inregaird whairof he hath wrestled with no small difficultie to defray the expence of his long imprissonment and subsist for the future; humbly desireing ane order to discharge the said sequestration and for payment of such arrears of the proffites and casualities of his place as are resting preceiding Candlemes last according to the acts of the university of Glasgow and agreements past betuixt them and him; therfor, the king's majestie and estates of parliament appoints the supplicant to have the arrears of his office and service preceiding Witsunday last payed unto him according to the said acts of the university and agreement past betuixt them and him.
- NAS. PA2/27, f.87-89.
- NAS. PA2/27, f.89.