Act, 13 June 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Edinburgh the 13th June 1704

D1704/6/51

Act

Act Infavours of Thomas Maxwell of Gelstoun

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Thomas Maxwell of Gelstoun. Shewing That Sir George Maxwell of Orchardtoun the petitioners Nephew haveing apostatised frae the Protestant Religion, The petitioner Did upon the late act of Parliament Raise ane Summonds of Declarator before the Lords of Session, To hear and see it found and Declared that by his apostatising from the protestant Religion he had ammitted and forfault the benefite of succession to Sir Robert Maxwell of Orchardtoun his father (the petitioners brother) and that the right of his Estate Devolved upon the petitioner as the nixt Protestant heir, and that he ought to be served heir as if Sir George were naturally dead. And alse the said Sir George to hear and see himselfe Decerned to pay to the petitioner Six Thousand merks as ayears valued rent of his Estate for imploying George Maxwell of Munches a known papist to be his factor. As also the said Sir George in Five hundered merks for accepting therof, The said George Maxwell finding that he would be reatched for accepting the said factory, he out of Malice hes raised a Lauborrowes before your Lordships at his instance and at Orchardstouns instance (albeit he be out of the Kingdome) and at the instance of Severall others against him and his sone The petitioner and his son haveing offered a Bill of suspension the same is past, and ther Lordships Clerks refuses to accept of the Caution they have offered And therefore Craveing there Lordships To ordaine there Clerks either to accept of the Caution offered or to accept of the petitioners and his son each of them for others. Seeing by what is above represented the forsaid Lauborrowes is raised out of meer malice, for the petitioner is a man past seventy and not in a Condition to enquire any persone As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the petition given into them By Thomas Maxwell of Gelstoun. And the samen being Read in there presence. The saids Lords Doe hereby Impower appoint and Ordaine there Clerks to receave the Bond of Cautionrie in the Suspension of Lauborrowes granted by William Grierson in Bargatoun and James Livingstoun of Qumtenespie as Cautioners for the petitioner and his sone dated the second day of May Jaj vic and four years And appoints and ordaines the petitioner and his said sone to give in with the forsaid Bond ane other vond to be granted ilk ane of them as Cautioners for others. And appoints the suspension to be Expead Conforme.

Edinburgh the 13th June 1704

D1704/6/51

Act

Act Infavours of Thomas Maxwell of Gelstoun

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Thomas Maxwell of Gelstoun. Shewing That Sir George Maxwell of Orchardtoun the petitioners Nephew haveing apostatised frae the Protestant Religion, The petitioner Did upon the late act of Parliament Raise ane Summonds of Declarator before the Lords of Session, To hear and see it found and Declared that by his apostatising from the protestant Religion he had ammitted and forfault the benefite of succession to Sir Robert Maxwell of Orchardtoun his father (the petitioners brother) and that the right of his Estate Devolved upon the petitioner as the nixt Protestant heir, and that he ought to be served heir as if Sir George were naturally dead. And alse the said Sir George to hear and see himselfe Decerned to pay to the petitioner Six Thousand merks as ayears valued rent of his Estate for imploying George Maxwell of Munches a known papist to be his factor. As also the said Sir George in Five hundered merks for accepting therof, The said George Maxwell finding that he would be reatched for accepting the said factory, he out of Malice hes raised a Lauborrowes before your Lordships at his instance and at Orchardstouns instance (albeit he be out of the Kingdome) and at the instance of Severall others against him and his sone The petitioner and his son haveing offered a Bill of suspension the same is past, and ther Lordships Clerks refuses to accept of the Caution they have offered And therefore Craveing there Lordships To ordaine there Clerks either to accept of the Caution offered or to accept of the petitioners and his son each of them for others. Seeing by what is above represented the forsaid Lauborrowes is raised out of meer malice, for the petitioner is a man past seventy and not in a Condition to enquire any persone As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the petition given into them By Thomas Maxwell of Gelstoun. And the samen being Read in there presence. The saids Lords Doe hereby Impower appoint and Ordaine there Clerks to receave the Bond of Cautionrie in the Suspension of Lauborrowes granted by William Grierson in Bargatoun and James Livingstoun of Qumtenespie as Cautioners for the petitioner and his sone dated the second day of May Jaj vic and four years And appoints and ordaines the petitioner and his said sone to give in with the forsaid Bond ane other vond to be granted ilk ane of them as Cautioners for others. And appoints the suspension to be Expead Conforme.

1. NRS, PC2/28, 287r-287v.

1. NRS, PC2/28, 287r-287v.