Act, 1 March 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the first day of march Jaj vjc nyntie four years

D1694/3/31

Act

Act the Laird and Lady of Drum

Anent a Petition given in be Robert Irvine of Fedret nearest agnat to Alexander Irvine of Drum and the other nearest relationes on both sydes Shewing That quher ther being breives Issued furth of our soveraigne Lord and Ladies Chancelory for Declaring of Alexander Irvine of Drum fatous and Idiot before the shirreff Or his deputes of the shyre wher he Lives And for serving a tutor to him Conforme to the Law and acts of this realme, And it being needfull that the said Alexander Irvine of Drum be sisted personally before the members of the inquiry That they may be the clearer and distincter in their verdict, and it being likewayes to be feared that these who are about him, may stop or Imped his Compeirance and therby indeavor to frustrat and disappoint so good and necessar a work for the preservatione of that antient familly and so weell founded in law necessar it was that the saids Lords Grant Warrand (as is usuall in such case) to the shireff of the shyre wher he Lives to send parties for bringing into him the said Alexander Irvine with whom he may be sequestrat untill the dyet of the said syze and then produced personally before the inquest that they may Cognisses upon his fatuositie And Therfore humbly Craveing the saids Lords would be pleased Conforme to the ordinary Course of Justice To Grant warrand to the shireff of the shyre (to whom the breives are directed) To take the said Alexander Irvine in his Custody and to keep him so as that (allowing him all necessary freedome) he may be produced before the assyze as the petition bears Which petition being read in presence of the saids Lords upon the twentie seventh day of February Last They allowed the Laird of Drum to see and answer the same Who haveing gott up the said petitione Gave in the answers following accordingly viz That a more groundless Lawless and insolent petitione was never presented before the saids Lords For first tho the2 petition be given in in the name of Fedret yet it is not subscryved by him or any for him Which is a suficient objectione against any petitione whatsomever exhibit before the saids Lords, Bot that a petition should be given in by Fedrat as nearest agnat and for the other nearest relationes one both sydes to the Laird of Drum to the intent to declare him Idiot, and yet signed by no body is ane Insolencie and Injurie for which the givers in of the bill ought to be made accomptable Secundo as to that the bill were signed as it is not yet was it ever heard that upon the takeing out of breives to declare a man Idiot before ther being execute ane order should be demanded to apprehend the persone against whom they are to be execute, Wheras the true method is first to take out the breives and then to execute them and incase they be not obeyed and that Drum Compeir not then to Crave extraordinary remedies Tertio Esto the breives were execute against Drum, yet he may and no doubt will advocat the same to the Lords Which being a remeedie Competent in Law And most Just in this case the petitioner is most unjust and Injurious to offer to anticipat by this groundless petition But /4o/ the petitioner sayes that what is demanded is usuall, Wheras it is most certaine tha the like was never aither practised or so much as Demanded in Scotland But the true method is that if a breive of Idiotrie be taken out and execute and if the persone pretended to be Idiot and Compeir not then all that the Judge can doe Is to find him Contumacious and in that case application may be mae to the Lords that he may be declared Such and by them interdicted as a persone incapable to manadge his affairs But to offer to apprehend a free Leidge and by force to sist him before ane inquest is without Law and in effect ane Opression suficient to make a wise man and farr more a weakman madd. But /5o/ The Calumnie of this petition is unsupportable in as much as it is knowen that the formerly of Drum being ane ancient honorable familly And that the father of this Drum fore seeing his sones weaknes Did Taillie his Estate and appoint administrators for the same Lykas the Lords of sessione have ever since continued the estate under administrators So that Drum being virtually interdicted and the estate under administratione It is not Imaginable how he can prejudge it nor can any man apprehend any other designe in that raiseing of the said breives and in the presenting of the said petition Except it be for Fedret and the nearest of kine to put ane affront upon their Cheiff and to Declare to the world their Ignorance of Law and unaccountable Insolence /6o/ The Estate being secured by sequestration allready and the Lairds condition is not so absolutly weak as may appear by his missive letter heirwith produced and that however it wer hard to staine the familly and the Lairds posterity he being long agoe maried and that the estate being secured as said is, The Lady and her relationes Esto others would not concerne themselves will oppose the personall Indignitie that arysses from the very attempt of being Declared ane Idiot or fatuous and will be 3 able to make it appear before the Lords of sessione that the would cannot prevaill in such ane attempt nevertheless of the nearest agnat or any else of the name that is rej suq providus will find suficient Caution in the termes of the Lords of sessions act made anent the estate of Drum this session the Lady and her freinds are Content furth with have the manadgment of the estate of Drum this session the Lady and her freinds are Content furthwith have the manadgment of the estate But the securitie of the estate tho it be all that in Law in cases of weaknes proposes, And all that the petitioners ought to propose, yet it is Credibly informed he intends oune oppenly to discredit and defame the Lairds person his memorie and familly by attempting upon him before shirreffs be the event what will: Therfore and since the Course of Law is Certaine and that in effect the estate is Secured from all deeds that this Drum can doe to prejudge it It is humbly Craved that the Lords would not only reject this petition, but call for the presenter therof to exhibit his warrand and give him a Just repremand And in the mean time Discharge the shireff or any other inferior Judges ther procedur in the said matter. The Lords of ther Majesties privy Councill haveing Considered this petition given in to them be the above Robert Irvine of Fedret with the answers given in therto be the Laird of Drum They Refuse the Desyre of the petitione And Discharges the shireff of Aberdeen and his deputs or others To Lay any restraint upon or medle with the person of the said Laird of Drum upon the account of the Service of Idiotrie mentioned in the above petition any maner of way: 4

Edinburgh the first day of march Jaj vjc nyntie four years

D1694/3/31

Act

Act the Laird and Lady of Drum

Anent a Petition given in be Robert Irvine of Fedret nearest agnat to Alexander Irvine of Drum and the other nearest relationes on both sydes Shewing That quher ther being breives Issued furth of our soveraigne Lord and Ladies Chancelory for Declaring of Alexander Irvine of Drum fatous and Idiot before the shirreff Or his deputes of the shyre wher he Lives And for serving a tutor to him Conforme to the Law and acts of this realme, And it being needfull that the said Alexander Irvine of Drum be sisted personally before the members of the inquiry That they may be the clearer and distincter in their verdict, and it being likewayes to be feared that these who are about him, may stop or Imped his Compeirance and therby indeavor to frustrat and disappoint so good and necessar a work for the preservatione of that antient familly and so weell founded in law necessar it was that the saids Lords Grant Warrand (as is usuall in such case) to the shireff of the shyre wher he Lives to send parties for bringing into him the said Alexander Irvine with whom he may be sequestrat untill the dyet of the said syze and then produced personally before the inquest that they may Cognisses upon his fatuositie And Therfore humbly Craveing the saids Lords would be pleased Conforme to the ordinary Course of Justice To Grant warrand to the shireff of the shyre (to whom the breives are directed) To take the said Alexander Irvine in his Custody and to keep him so as that (allowing him all necessary freedome) he may be produced before the assyze as the petition bears Which petition being read in presence of the saids Lords upon the twentie seventh day of February Last They allowed the Laird of Drum to see and answer the same Who haveing gott up the said petitione Gave in the answers following accordingly viz That a more groundless Lawless and insolent petitione was never presented before the saids Lords For first tho the2 petition be given in in the name of Fedret yet it is not subscryved by him or any for him Which is a suficient objectione against any petitione whatsomever exhibit before the saids Lords, Bot that a petition should be given in by Fedrat as nearest agnat and for the other nearest relationes one both sydes to the Laird of Drum to the intent to declare him Idiot, and yet signed by no body is ane Insolencie and Injurie for which the givers in of the bill ought to be made accomptable Secundo as to that the bill were signed as it is not yet was it ever heard that upon the takeing out of breives to declare a man Idiot before ther being execute ane order should be demanded to apprehend the persone against whom they are to be execute, Wheras the true method is first to take out the breives and then to execute them and incase they be not obeyed and that Drum Compeir not then to Crave extraordinary remedies Tertio Esto the breives were execute against Drum, yet he may and no doubt will advocat the same to the Lords Which being a remeedie Competent in Law And most Just in this case the petitioner is most unjust and Injurious to offer to anticipat by this groundless petition But /4o/ the petitioner sayes that what is demanded is usuall, Wheras it is most certaine tha the like was never aither practised or so much as Demanded in Scotland But the true method is that if a breive of Idiotrie be taken out and execute and if the persone pretended to be Idiot and Compeir not then all that the Judge can doe Is to find him Contumacious and in that case application may be mae to the Lords that he may be declared Such and by them interdicted as a persone incapable to manadge his affairs But to offer to apprehend a free Leidge and by force to sist him before ane inquest is without Law and in effect ane Opression suficient to make a wise man and farr more a weakman madd. But /5o/ The Calumnie of this petition is unsupportable in as much as it is knowen that the formerly of Drum being ane ancient honorable familly And that the father of this Drum fore seeing his sones weaknes Did Taillie his Estate and appoint administrators for the same Lykas the Lords of sessione have ever since continued the estate under administrators So that Drum being virtually interdicted and the estate under administratione It is not Imaginable how he can prejudge it nor can any man apprehend any other designe in that raiseing of the said breives and in the presenting of the said petition Except it be for Fedret and the nearest of kine to put ane affront upon their Cheiff and to Declare to the world their Ignorance of Law and unaccountable Insolence /6o/ The Estate being secured by sequestration allready and the Lairds condition is not so absolutly weak as may appear by his missive letter heirwith produced and that however it wer hard to staine the familly and the Lairds posterity he being long agoe maried and that the estate being secured as said is, The Lady and her relationes Esto others would not concerne themselves will oppose the personall Indignitie that arysses from the very attempt of being Declared ane Idiot or fatuous and will be 3 able to make it appear before the Lords of sessione that the would cannot prevaill in such ane attempt nevertheless of the nearest agnat or any else of the name that is rej suq providus will find suficient Caution in the termes of the Lords of sessions act made anent the estate of Drum this session the Lady and her freinds are Content furth with have the manadgment of the estate of Drum this session the Lady and her freinds are Content furthwith have the manadgment of the estate But the securitie of the estate tho it be all that in Law in cases of weaknes proposes, And all that the petitioners ought to propose, yet it is Credibly informed he intends oune oppenly to discredit and defame the Lairds person his memorie and familly by attempting upon him before shirreffs be the event what will: Therfore and since the Course of Law is Certaine and that in effect the estate is Secured from all deeds that this Drum can doe to prejudge it It is humbly Craved that the Lords would not only reject this petition, but call for the presenter therof to exhibit his warrand and give him a Just repremand And in the mean time Discharge the shireff or any other inferior Judges ther procedur in the said matter. The Lords of ther Majesties privy Councill haveing Considered this petition given in to them be the above Robert Irvine of Fedret with the answers given in therto be the Laird of Drum They Refuse the Desyre of the petitione And Discharges the shireff of Aberdeen and his deputs or others To Lay any restraint upon or medle with the person of the said Laird of Drum upon the account of the Service of Idiotrie mentioned in the above petition any maner of way: 4

1. NRS, PC2/24, 350v-352r.

2. Insertion.

3. One illegible word scored out here.

4. Marginal note: ‘To Forbes’.

1. NRS, PC2/24, 350v-352r.

2. Insertion.

3. One illegible word scored out here.

4. Marginal note: ‘To Forbes’.