Act, 28 December 1703, Edinburgh

Edinburgh the 25th November 1703

D1703/11/9

D1703/11/9¹

Act

Act In favours off The Countes off Seaforth

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Frances Countes of Seafort Shewing That where after a long and tedious proces Befoir the Lords off Session The petitioner obtained ane Decreit of Aliment For 500 pound sterling against the Chamberlands and tennents off the Estate off Seafort And have caused Chairge them with Horning To which they have given noe obediance and there being noe saiff access to doe other dilligence either by poynding or Caption in that unaccessible countrey without the assistance off a pairt off Her Majesties forces Which their Lordships are in use to grant upon such Extraordinary occasiones And Therfore Creaving their Lordships To give warrand to such a pairty off Her Majesties forces As their Lordships shall think fit to assist For makeing the Law effectwall for recovering off the said aliment As the said petitione Bears Which petition being upon the Eleventh off November Instant read in presence off the saids Lords They delayed the samen till the nixt Councill day Thereafter the said petition being moved in Councill upon the day and date off thir presents There was another petition given in and presented to the saids Lords by the Freinds Creditors and Tennents of the estate off Seaforth In answer to the forsaid petition Shewing that there being a petition presented to their Lordships By Francis Countes off Seaforth Desireing a warrand from their Lordships for the assistance off Her Majesties forces To lift her Joynteur or aliment Which is a desire boeth conterar to Law and to their Lordships ordinar procedour In administration of Justice for albeit It be not denyed That their Lordships in some extraordinary Caices Hes allowed the forces to assist the Execution off the Kings letters wher the Country is broken and there is noe free access or where messengers hes been deforced Wherby her Majesties authoritie has been bafled neither off which can be pretended in this caice seeing the Lady does live in the midest off the Countrie paceably and hes her officers and messengers daily goeing to the remotest pairts of the Country at her pleasure without any pretence off resistance or deforcement and it is evident that in this caice That neo body would desire a military force to goe into the Country to oppress and distroy the poor tennents But such as hes noe concerne for the good and standing off the famillie But hes a designe to ruine the same As it is too evident this Ladie hes But that which makes the Ladyes desire appear very confident at this tyme is that she is presently lying under a Councill process for stealling a way her sone and sending him abroad to popish schoolls to breed him a papist and that conterar to and in contempt of two severall acts off Councill as is evident from the records of Councill And indeed It would reflect very much upon the Lords of Councill If they should imploy Her Majesties forces to uplift the rents of the Estate off Seaforth to be given to his mother to send to Saint Omers to educat his sone popish For it is evident that soe long as she can gett money by any means to edcuat him there she will never bring him home And Therfore humbly creaving That their Lordships will not only refuise the desire off the Ladies bill as to the desire off the forces But lykewayes will order Her Majesties Advocat to insist in the proces againest her for carying away her sone And in the mean tyme to Dischairge the tennents and Chamberlains To pay her any rent untill she present her sone befoir their Lordships which is the easiest punishment that can be put upon her for soe notable offence and such ane affront done to the Government and will be most effectuall For retryveing the Earle of Seaforth from his popish Education which is a great concern to the nation in generall As the said petition bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by the above Francis Countes off Seaforth Togither with answers given in therto By the Freinds Creditors and tennents of the Estate off the forth And the samen being read in ther presence The saids Lords Doe heirby Recommend to Livetennent Generall George Ramsay Commander in Cheiff off Her Majesties forces To send such a pairty off Her Majesties forces as he shall think fit To assist the petitioner In making the Law effectuall for recovering of her aliment off Five Hundereth pound sterling Granted to her by the Lords of Session against the Chamberlaines and tennents off the Estate of Seaforth