Act, 28 December 1693, Edinburgh

Edinburgh the Nynteinth day of January J^aj vj^c nyntie thrie years

D1693/1/26

D1693/1/26¹

Act

Act Countess Dowager of Lauderdale.

Anent a Petition given in the Lords of their majesties privy Councill be Elizabeth Countes Douager of Lauderdale Shewing That the petitioner haveing raised a Complaint before the saids Lords against the present Countes of Lauderdale for her Illegall and unwarrantable turneing the petitioner out of the possession of Thirlstaine Castle parks and others therto belonging and takeing and detaineing from her the cornes houshold furnitur and body cloathes etc wherof she was in the² queit and peaceable possession since her husbands decease, And the grounds of her Complaint being unquestionably relevant and against which the present Countes could alledge no defence yet Compeirance being made for the Lord Yester as a Creditor to the late Duke of Lauderdale, And both his and the Countes procurators haveing Craved that the wholl grounds of his Complaint might be remitted to the Lords of Session to be sumarly Discust before them ware pleased to Remitt all the grounds of that Complaint to be intirely discust before the sessione notwithstanding quherof ther is ane act extracted Remitting to the Lords of Sessione to Discuss first the point of right sumarly without any relatione either to her repossession or restitution of her moveables Bu which the petitioner humbly conceaves her self to be greived Because primo this referrence haveing only proceided upon the account of the Lord Yester his Compeiring and Concurring with the defender His Lordship did never pretend nor Crave to have her Lybell divyded naither did the Countes her self or her procurators Crave any such thing Bot on the contrare the Countes by her answers and the Lord Yester procurators at the barr, Did Crave that the Cognitione of the grounds of her complaint might be intirely Remitted to the sessione secundo if the point of right only and not the point of possessione should be remitted to be Determined be the Lords of sessione after their Lordships had given their determinatione anent the point of right The petitioner would againe be put to the trouble and expence of a new process to have the point of possession determined, And seing the petitioner is Credibly informed that the saids Lords designe in granting that Remitt was that the Lords of sessione should Cognose and determine upon the haill grounds of the said Complaint both as to the point of possessione and point of right according to the usuall course and Order of Law, And Therfore humbly Craveing the saids Lords would be pleased to declair what was their opinion in granting the forsaid reference And aither to allow a tryall to be taken of the haill grounds of her Complaint before the saids Lords Or otherwayes to remitt her Complaint intirely as it is Lybelled to be Cognosied and determined be the Lords of session as the petitione bears The Lords of their majesties privy Councill Haveing Considered this petition given in to them be the above Countess of Lauderdale with a paper given in by the Countess, Wherby she declynes the Lord high Chancelor from voteing in this affair In Respect ther is appearance made for the Lord Yester his Sone in this matter, They Refuse to Sustaine the Declinator the Lord high Chancelor being last in voteing And his Lordships haveing Declared that if it come to his Casting vote he shall not give his vote, And the saids Lords haveing heard and Considered their former interloquitor They Adhere therto as the samen stands subscryved by the Lord high chancelor.