To his Grace, his Majesty's High Commissioner, and the Right Honourahle the Estates of Parliament, The Laird of Inns younger as deriving Right to the Wadset Lands underwriten from his Father Sir James Inns of that Ilk, and with Concourse of hissaid Father.  
Humbly showeth,  
THat by Contract of Marriage in the year 1639, betwixt James Lord Drummond Son to the Earl of Pearth, and Lady Anna Gordon Daughter to George Marquis of Huntly, the said Marquis of Huntly and George Lord Gordon, and James Viscount of Abo●ne his two Sons as Principals, and Archibald then Earl, and afterwards Marquis of Argyle, and David Earl of Southesk, James then Lord Ogilvie, afterward Earl of Airlie, James Lord Kintyre, and Sir Robert Inns of that Ilk Cautioners, became Bound and Obliged Conjunctly and Severally, to Pay to the said Earl of Pearth the Sum of 30000 lib. Scots, in name of Tocher, with the said Lady and Daughter of Huntly, with Annualrent and Expense as the said Contract bears, which Sum of 30000 lib. and Contract abovementioned, the Earl of Pearth in the year 1652, Assigned in favours of Sir John Drummond his second Son, who thereupon (getting Payment of the Half of the said Principal Sum and bygone Annualrents thereof, from the said Sir Robert Innes one of the Cautioners abovenamed) transfers 15000 lib. of the said principal Sum, with 4812 lib. of bygone Annualrents, and 2000 lib. of Expenses, and Annualrent of the said 15000 lib● thereafter in favours of Sir Robert Inns younger of that Ilk, and that in sua far as might be Extended against the said Principals, and the said Marquis of Argyle, and the Earl of Airlie two of the Cautioners, whereupon the said Marquis of Argyle and Sir Robert Inns enter into an Contract on the 11th of September 1655. whereby Sir Robert on the one part transfers and dispones the foresaid Sum of 15000 lib. Principal and Annualrent, and Expenses in favours of the said Marquis of Argyle, and that in so far as might be Extended against the Heirs and Successors of the said Marquis of Huntly and his Sons, and the Earl of Airlie one of the said Cautioners: But Declaring the said Marquis of Argyle, the Earl of Southesk, and Sir Robert Inns elder Free and Liberate. And on the other part, the said Marquis of Argyle granted a Wadset to the said Sir Robert Inns elder, of certain Parts and Portions of the Lordship of Enzie, called Upper and Nether Dalachies, Auchinreath, Tannachie, Tynnet, with the Miln thereof, and hail Pertinents of the said's Lands, Redeemable always upon payment of 20000 lib. Money foresaid. And upon this Contract and Precept of Season thereins contained, the said Sir Robert Innes was Infest; and thereafter getting Possession did by himself and his Succeessors continue therein till the year 1662., that the Duke of Gordon getting the Gift of the Marquis of Argyls Forefaulture, in so far as concerns the Estate of Huntly, did by the force of the said Forefaulture; and of the Marquis his retoured quinquennial Possession dispossess the said Sir Robert. By all which it is manifest, that the foresaid Debt of ●0000 lib. due to Sir Robert, was Originally a Debt of the Family of Huntly: And that the Security of the said Wadset upon the said Lordship of Enzie was most justly given out of the Estate of Huntly for the equivalent Sum actually and really paid by Sir Robert for the foresaid Marquis of Huntly as his Daughter's Portions; so that in all equity and Honour, the foresaid Estate of Huntly, and the Descendants of the said Marquis of Huntly, who enjoy the same aught still to be liable. And I your Petitioner, as deriving Right from the said Sir Robert, have all reason to prosecute my own Right and Payment, by all ways and means that Law allows: But so it is, that when the said Marquis of Argyle was Forefaulted, the Creditors of Argyle and Huntly did most justly protest that the foresaid Sentence and Doom of Forefaulter with all that thereon Ensued, should not be prejudicial to their respective Debts and Securities; Likeas, it is manifest, that by the Act Salvo. passed in the same Parliament wherein the said Marquis of Argyle was Forefaulted, the Interest of private Parties was sufficiently reserved and secured; By virtue of which Protestation and Salvo. I have no doubt good right to Defend myself against the said Sentence of Forefaulture; as also, to Quarrel and Impugn the same in sua far as it may be prejudicial to my said Debt, and Wadset, upon all the Grounds and Reasons which your Lordships shall think fit to allow: And therefore seeing his Majesty and the Estates of Parliament are the undoubted sovereign Judges to overrule and determine this matter, in all difficulties that may occur; and that the justice and equity of my Cause and Claim is most evident, and both requires and deserves a Parliamentary Remedy. I do in all humility represent to your Lordships, 1. That the foresaid Sentence and Doom of Forfaulter cannot prejudge my foresaid Wadset Right, but that the same aught to be maintained by your Lordships, whether the foresaid Sentence stand valid or not, because the foresaid Sentence and Doom of Forfaulter was pronounced against the said Marquis of Argyle, in the Parliament 1661., in which there was thereafter past the Act Salvo jure, and also Protestations by the Creditors of the Marquis of Argyle, that they be not prejudged by any Sentence given against them, were admitted and marked and Recorded in the Table of the unprinted Acts of that Parliament: and it● est that by the Act 33 past in the Parliament 1644, It was expressly Declared and Statute, that Sentences and Dooms of Forfaulter should not prejudge the Rights and Securities of the lawful Creditors of the Persons Forfaulted, but that the same notwithstanding of the said Sentences should stand good and valid; and albeit that the foresaid Parliament and all the Acts thereof; were by an Act of the said Parliament 1661., Rescinded and Annulled, yet in the same Act rescissory not only full assurance and 〈◊〉 tie is granted to all persons that acted in or by ve●●●●●● and said● rescinded Parliaments, but it is expressly Declared, that all lawful Rights and S●●●●●ties passed in these Parliaments, or by virtue thereof in favours of any Particular person, for their civil and private Interests, shall stand good and valid until the same be otherwise in that Parliament determined; whereby your Lordships may clearly perceive that by virtue of the Act Salvo, and the foresaid protestations, with the foresaid Reservation and Declaration in favours of private parties and their Rights, my said Right of Wadset stands unprejudged and valid, notwithstanding of the said Sentence and Doom of Forfaulter; and that the same aught to be so Declared. And 2. That the said Doom and Sentence of Forfaulter pronounced against the said Marquis of Argyle, nor any thing that hath ensued upon it, can no ways prejudge me; because the said Sentence is in effect no Sentence, but manifestly null and void, being wholly destitute of all lawful ground or warrant, as is most obvious and evident by inspection of the process, and whole pieces and grounds of the same lying in the Records; upon which it may be said in general, that never was there any process or Sentence of Forfaulter carried on or Transacted in the manner, there being in effect no lawful and subscribed Warrant for any Step thereof, either as to the finding of the relevancy or sustaining the probation or pronouncing the Doom; so that it is doubtful, if there was so much as an subscribed Warrant to put the Marquis to Death, unless it be found in the Registers of the Town of Edinburgh; but to give your Lordships a more particular view of the Nullities of that process and Sentence, I shall not trouble your Lordships with all the Nullities that might be condescended on to this purpose, but only with the four ensuing which are unquestionably relevant and undenyablie evident from the process itself. As 

1, No execution against Witnesses, so that they are all spontaneous, which in Law is a manifest Nullity.  
2. No Indictment subscribed by his Majesty's Advocate, nor no Interloquitor signed finding the Indictment relevant.  
3. There are Letters produced for probation, but it is neither proven that they were written by the Marquis, nor is the same acknowledged▪ by any Writ under his hand.  
And 4. No Vote of Parliament finding either proven or guilty.   By all which it is manifest, that the foresaid Sentence is null and void, and can never prejudge your Lord Petitioner in his just Right of Wadset flowing from the said Marquis of Argyle, upon the Lands and others aforesaid, which was 〈◊〉 proper Estate first of the Marquis of Huntly, and then of the Marquis. of Argyle, and which Wadset was granted for the Marquis of Huntly his proper onerous and most favourable Debt: Nor can it be objected that by the 35. Act of the Par●. 8. Ja. 6. It is statute that no Process of Forefaulture shall be reduced for any nullity of Process, while first the Crime be remitted, or the Party acquit thereof. Because 

1. If it be thought needful, it would be very easy to purge the Marquis of Argyle effectually, and to acquit him of all the Crimes then objected and laid to his Charge.  
2. Because the foresaid Act doth only relate to the Crimes of Treason, and Laese-majesty, notoriously committed against the King and his Estate, which can never be thought to be the Marquis qf Argyl's case.  
And 3. Because this present application, is not only made to His Majesty and the Estates of Parliament, who can Sovereignly judge upon the said Act, but is also made in behalf of your Petitioner a third Party, for preservation of his private Right, and not in behalf of the Marquis of Argyle or his Memory, who was the person Forefaulted; so that this present application is no ways prohibited by the said Act:  then that I have laid before your Lordships the justice of my most favourable Debt, together with the undoubted Interest I have to clear my said Wadset-Right of any prejudice that may arise thereto from the foresaid Sentence and Doom of Forefaulture, and have just reason to have the same declared by His Majesty and the Estates of Parliament, that the said Sentence of Forefaulture, nor any Gift or Infeftment, or other thing whatsomever ensuing thereupon shall never be made use of, or admitted in Judgement against me.    
May it therefore please your Grace, and the right honourable the Estates of Parliament, to grant to me Warrant for citing George Duke of Gordon Donator to the foresaid Forefaulture, and present possessor of the foresaid Lordship of Enzie; As also His Majesty's Officers of State, and all others that may be concerned or have Interest in the said matter, in due Form, and at the places needful, to compear before this high Court of Parliament at Edinburgh, upon the _____ Day of _____ Bringing with him the foresaid Sentence of Forefaulture, and all that has ensued upon it in his Favours, and to hear and see it found and declared, that the foresaid Sentence and Doom of Forefaulture, with all that has followed or may follow thereon, can no ways prejudge my foresaid Wadset-Right▪ nor any Action or Execution competent to me upon the same, and that it shall never be made use of, or admitted against me and my said Wadset-Right, in Judgement, or outwith the same, either as to bygones, or in time-coming, but that my foresaid Right of Wadset was and is, and stands good, as to all Intents and Purposes; notwithstanding of the foresaid Sentence of Forefaulture, or any thing following thereon▪ and as if the samen had never been. As also to Summoned the Clerk-Register and other Clerks of Parliament, and Keepers of the Records thereof, to produce the said Process of Forefaulture, and hail Grounds Minute's, and Warrants thereof before your Grace and Lordships, for verification of the Premises, as likeways to Summoned Witnesses, etc. and for all Cost, Skaith and Damage, in the common Form, According to Justice, and your Grace and Lordship's Answer.