Act, 20 November 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/161

Act

Act Hendersone of Auchtifardell

Anent the petitione given in to the Lords of ther majesties privy Councill be Robert Hendersone of Auchtifardell Shewing That wher ther being ane bill presented to the saids Lords in october Last in the name of William Meinzies of Raw Representing that he was the appearand air male of William Meinzies of Castlhill and that the defuncts lands were tailzied to airs male and therby hade intrest to Crave the defuncts writtes might be secured and transmitted to the hands of a Clerk to the sessione Their Lordships did appoint the Lord Carmichaell to seall and secure the writtes And Ordained the petitioner to see and answer according the defuncts Cabinatt Containeing the writtes were sealled The petitioner Doe therfore in answer to the forsaid petition humbly represent to their Lordships primo that Raw produces nothing to make appear that the Lands in question are provyded to airs male /2o/ tho the Same were made appear ther is a Course provyded by Law to appearand airs by exhibitiones ad deliverandum and he hath taken that legall Course by raising and executeing ane exhibitione with which he ought to rest satisfied Because the law doeth not allow any other priviledge to appearand airs Tertio Since the petition presented to their Lordships the said William Mckenzie Meinzies has applyed to the Lords of session by two severall bills desyreing sequestratione of writtes and of the rents of the defuncts estate, Which the Lords have rejected, and by these applicationes the petition presented to their Lordships is to be Considered as desarted and passed from and the same desyre of sequestrating the defuncts wrytes being refused by the Judge ordinary he cannot in reasone expect that their Lordships should grant what the Lords refused, for ther is no question that as their Lordships may Justly determine in points of Sequestration and possessione for ane interim till the right of some persone appear, So the Lords of sessione are likewayes Competent and are in use to sequestrat rents or wrytes wher ther is Just Cause for it upon sumer applicationes, But ther was no reasone found be the Lords for such ane sequestration in this case, For farder Clearing of this point Ther Lordships would be pleased to Consider that not only did2 the defunct think fitt to leave the wryts in the petitioners house wher they have remained for severall years But likewayes the defunct granted bond of Taillie in the petitioners favors faillieing airs of his oun bodie and wherby their Lordships might be Satisfied that he designed the petitioner both the right Custody and possessione of his wrytes in the event that hath hapned And the petitioner doe also stand infeft in his estate for securitie and payment of certaine debts due to the petitioner, and releif of Cautionrie Wherby the petitioner has right to have Imediat access to his rents for the petitioners payment and releef of debts, Which are very Considerable and therby have present use and necessitite of the defuncts wrytes both to attaine and defend the petitioners possessione And lastly It appears by the said William Menzies his application to severall Judicatories That he intends by all means to disquyet the petitioners right and possession and for that Cause the petitioner has all the reason in the world to debarr him from any extraordinary benefit of succession which the Law has not allowed, and ther may in any inconveniencies aryss by oppening Chartor Chists, nevertheless seing ther Lordships have thought fitt to appoint the Cabinet to be sealled, And that Raw has desired the writtes to be inventared by the shireff depute, The petitioner doe this farr agree That their Lordships Grant warrand to the shireff depute to take off the sealls to open the Cabinet and to inspect the writtes, that shall be found their and that in caise the shiref depute doe find any writtes Concaived in favors of airs maill, or personally in favors of Raw That the said shireff depute allow him inspection and inventar of such wrytes allenarly and this being all the benefite that Law doeth allow to appearand airs upon exhibitiones ad deliverandum The petitioner humbly expects ther Lordships will not find it just to Grant nor ought he to demand more And Therfore Humbly beseeching the saids Lords To appoint the shireff depute of Lannerk to take off the sealls of the defuncts Cabinet to open the same and inspect the writes that shall be found ther, by himself, And that Raw may be present at the opening of the wrytes, and to be near at the shireff deputs Call to have inspectione of any writtes that shall be found ther Conceived in favors of him, or the airs males or that therafter the said Cabinat and papers which are in the petitioners house may be left in the petitioners possession, to be used by the petitioner as accords of the Law, as the petition bears The Lords of their majesties privy Councill Having Considered the above petition given in to them be Robert Kennedy of Auchtifardell They heirby appoint […] 3 simervell of Spittell sheriff depute of Lanerk to break open the sealls which are upon the above papers or Cabinets quherin they are, and to inspect the papers themselves and to deliver such of them as are Conceived in favors of William Meinzies of Raw to himself personally and to transmitt such of the saids wrytes as are conceived in favors of the airs male of the deceast William Meinzies of Castlhill to the hands of […] one of the Clerks of Councill and sessione and Clerk to the above proces of exhibitione ad deliberandum, And appoints the rest of the saids papers to remaine in the hands of the said Robert Kennedy of Auchtifardell wher they presently are to be made use of by him as accords in Law, and allowes both Meinzies of Raw, and Kennedy of Auchtifardell to be present at the inspecting of the forsaid papers if they please, And for that end appoints the shireff depute to make intimatione to both parties of the day wherupon he is to oppen the sealls and inspect the papers.

Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/161

Act

Act Hendersone of Auchtifardell

Anent the petitione given in to the Lords of ther majesties privy Councill be Robert Hendersone of Auchtifardell Shewing That wher ther being ane bill presented to the saids Lords in october Last in the name of William Meinzies of Raw Representing that he was the appearand air male of William Meinzies of Castlhill and that the defuncts lands were tailzied to airs male and therby hade intrest to Crave the defuncts writtes might be secured and transmitted to the hands of a Clerk to the sessione Their Lordships did appoint the Lord Carmichaell to seall and secure the writtes And Ordained the petitioner to see and answer according the defuncts Cabinatt Containeing the writtes were sealled The petitioner Doe therfore in answer to the forsaid petition humbly represent to their Lordships primo that Raw produces nothing to make appear that the Lands in question are provyded to airs male /2o/ tho the Same were made appear ther is a Course provyded by Law to appearand airs by exhibitiones ad deliverandum and he hath taken that legall Course by raising and executeing ane exhibitione with which he ought to rest satisfied Because the law doeth not allow any other priviledge to appearand airs Tertio Since the petition presented to their Lordships the said William Mckenzie Meinzies has applyed to the Lords of session by two severall bills desyreing sequestratione of writtes and of the rents of the defuncts estate, Which the Lords have rejected, and by these applicationes the petition presented to their Lordships is to be Considered as desarted and passed from and the same desyre of sequestrating the defuncts wrytes being refused by the Judge ordinary he cannot in reasone expect that their Lordships should grant what the Lords refused, for ther is no question that as their Lordships may Justly determine in points of Sequestration and possessione for ane interim till the right of some persone appear, So the Lords of sessione are likewayes Competent and are in use to sequestrat rents or wrytes wher ther is Just Cause for it upon sumer applicationes, But ther was no reasone found be the Lords for such ane sequestration in this case, For farder Clearing of this point Ther Lordships would be pleased to Consider that not only did2 the defunct think fitt to leave the wryts in the petitioners house wher they have remained for severall years But likewayes the defunct granted bond of Taillie in the petitioners favors faillieing airs of his oun bodie and wherby their Lordships might be Satisfied that he designed the petitioner both the right Custody and possessione of his wrytes in the event that hath hapned And the petitioner doe also stand infeft in his estate for securitie and payment of certaine debts due to the petitioner, and releif of Cautionrie Wherby the petitioner has right to have Imediat access to his rents for the petitioners payment and releef of debts, Which are very Considerable and therby have present use and necessitite of the defuncts wrytes both to attaine and defend the petitioners possessione And lastly It appears by the said William Menzies his application to severall Judicatories That he intends by all means to disquyet the petitioners right and possession and for that Cause the petitioner has all the reason in the world to debarr him from any extraordinary benefit of succession which the Law has not allowed, and ther may in any inconveniencies aryss by oppening Chartor Chists, nevertheless seing ther Lordships have thought fitt to appoint the Cabinet to be sealled, And that Raw has desired the writtes to be inventared by the shireff depute, The petitioner doe this farr agree That their Lordships Grant warrand to the shireff depute to take off the sealls to open the Cabinet and to inspect the writtes, that shall be found their and that in caise the shiref depute doe find any writtes Concaived in favors of airs maill, or personally in favors of Raw That the said shireff depute allow him inspection and inventar of such wrytes allenarly and this being all the benefite that Law doeth allow to appearand airs upon exhibitiones ad deliverandum The petitioner humbly expects ther Lordships will not find it just to Grant nor ought he to demand more And Therfore Humbly beseeching the saids Lords To appoint the shireff depute of Lannerk to take off the sealls of the defuncts Cabinet to open the same and inspect the writes that shall be found ther, by himself, And that Raw may be present at the opening of the wrytes, and to be near at the shireff deputs Call to have inspectione of any writtes that shall be found ther Conceived in favors of him, or the airs males or that therafter the said Cabinat and papers which are in the petitioners house may be left in the petitioners possession, to be used by the petitioner as accords of the Law, as the petition bears The Lords of their majesties privy Councill Having Considered the above petition given in to them be Robert Kennedy of Auchtifardell They heirby appoint […] 3 simervell of Spittell sheriff depute of Lanerk to break open the sealls which are upon the above papers or Cabinets quherin they are, and to inspect the papers themselves and to deliver such of them as are Conceived in favors of William Meinzies of Raw to himself personally and to transmitt such of the saids wrytes as are conceived in favors of the airs male of the deceast William Meinzies of Castlhill to the hands of […] one of the Clerks of Councill and sessione and Clerk to the above proces of exhibitione ad deliberandum, And appoints the rest of the saids papers to remaine in the hands of the said Robert Kennedy of Auchtifardell wher they presently are to be made use of by him as accords in Law, and allowes both Meinzies of Raw, and Kennedy of Auchtifardell to be present at the inspecting of the forsaid papers if they please, And for that end appoints the shireff depute to make intimatione to both parties of the day wherupon he is to oppen the sealls and inspect the papers.

1. NRS, PC2/25, 81r-83r.

2. Insertion.

3. The word ‘Spittelvell’ scored out here.

1. NRS, PC2/25, 81r-83r.

2. Insertion.

3. The word ‘Spittelvell’ scored out here.