An act concerning Sir David Home of Fishwick and [William Maitland], laird of Lethington

Concerning the supplication given in by David Home of Fishwick, knight, to the king's majesty and three estates of parliament, making mention that where it pleased his majesty, by advice of [Matthew Stewart, earl of Lennox], his late dearest grandfather and regent for the time, for good respects to make disposition to him of the escheat of the late William Maitland, sometime of Lethington, after his forfeiture, by virtue whereof he intended action before the lords of session for obtaining of execution thereupon; which cause being called, Sir Richard Maitland [of Lethington], elder, senator, opposing in the contrary, declaring that he, before the said David's gift, in [Mary], the queen's time, obtained his said son's gift of escheat to himself through being of him put to the horn for not answering regarding enquiries, which allegiance was admitted to his probation by the space of three years past, who thereby has delayed him of justice, by frivolous diligences continually since, and now, since he cannot obtain the alleged letters of horning and executions thereof whereupon his gift proceeded, he has offered him to prove the tenor and effect thereof by witness; which allegiance the said lords have admitted to his probation, which is altogether repugned, as well to all law as observed in practise, and always a matter never heard nor admitted of before and very prejudicial and hurtful to be accepted within this realm, since indeed the same took beginning it shall be a sure ground to all fraudulent persons to procure any escheat of whatsoever persons of any estate, since it is not questionable but by gains they shall prove the tenor of any letters or other grounds by corrupt persons of small estate, whereof there is a multitude in this realm, which is not tolerable and so opportune remedy should be provided thereto; desiring therefore the king's majesty and lords of estates aforesaid to weigh and consider the premises and that they would put such good order thereto as they think most suitable and convenient, as at more length is contained in the said supplication. Which being considered and seen by the lords of articles, and thereafter by the king and estates in parliament, our sovereign lord, with advice of the three estates, discharges the lords of session of all further proceeding in the said cause between the said parties, and also ordains them to continue and supersede the receiving of any probation thereto until the king's grace and three estates aforesaid take further order relating thereto in parliament.

  1. NAS, PA2/12, f.9v.