Att Edinburgh the fourt day of March 1701
D1701/3/3
D1701/3/31
Act
Act Livetennent Collonell Erskine anent the Chartor Chest of Kincardine
Anent the petition given in and presented to the Lords of His Majesties privie Councill By Livetennent Collonell John Erskine Governour of Dumbarton Castle Shewing That where wpon application made to their Lordships by the Deceist Henry Lord Cardose The Chartor Chist of Kincardine and wrytts therin contained was sequestrat in their Lordships Clerks hands and ordained to remain therin till farther orders from the saids Lords and seing the petitioner hath purchased the estate of Kincardine at a publict Roup before the Lords of Councill and session as the decreit of sale produced did testifie Wherby he is unquestionable propriator of said estate and hes right to the Chartor Chist and wrytts therin contained and haill wrytts and evidence of the saids Lands and estate Therfore Craveing that it might have pleased the saids Lords in consideration of the premissis To ordaine and give warrant to the saids Clerks of privie Councill In whose hands the said Chartor Chist and wrytts was sequestrat To Deliver upon the same to the petitioner and to ordain the havers of the keyes and all others havers of any of the wrytts and evidents taken out of the said Chartor Chist to deliver the samen to the petitioner wpon oath as haveing right in maner forsaid and that upon a Charge of six dayes as the said petition bears Which petition being read wpon the Nynth of August Jai vijc years In presence of His Grace His Majseties high Commissioner and the Lords of His Majesties privie Councill They alloued the Countes of Kincardine to sie and ansuer the samen against tuesday then nixt, according to which appoyntment the said Countes and the Earle of Kincardin her sone haveing seen the said petition They returned the same with the ansuers following viz Primo That it was notourly knoune they have ane intrest in the said Chartor Chist and all the wrytts belonging to the Late Earle of Kincardine and both the Countes and the Earle being then out of toun Their Lawers were not particularly informed of all the objections that might be made: why the said Chartor Chest and wryts aught not to be delivered up to the Livetennent Collonell and it then being in the vaccance tyme when people did not ordinarly attend Their Lordships might be pleased to delay the matter till November and then all parties concerned might be heared why the Chartor Chest and wryts aught not to be delivered up Secundo The Livetennent Collonells petition bears That the said Chartor Chest and wryts were sequestrat upon the application of the deceist Lord Cardros so that the sequestration being upon the application of a particular person It aught not to be taken off without Calling some person who will take upon them to represent the Lord Cardros Tertio when the Livetennent Collonell was caryeing on the action of Sale There being Compearance made for the Earle of Kincardine and it being alleadged for him that the sale could not proceed at the instance of the Creditors of Earle Alexander his Father Because the Estate belonged to Earle Eduard this Earles Uncle and he was served air to him in speciall and infeft so that this earle as air to Earle Eduard had the only right to the estate and therfore It could not be sold for payment of Earle Alexanders debts and if Earle Alexander had any right to the estate in his person as he had not It was satisfied and Extinguished by his Intromissions And wpon these grounds this Earle had raised a Reduction which he repeated and was instantly ready to debate his right wpon which The Lords of Session by their act the fourteinth of February Jaj vjc Nynty nyn allowed the proces of sale to proceid Reserveing the present Earle his Reduction as accords As appeared by the act produced which was lykwayes insert in the decreit of sale and if the Earle prevaill in his reduction as he did not doubt but he would Then the Decreit of Sale and all that hes folloued upon will fall in consequence So that the Earle haveing so good and clear ane intrest to the Chartor Chest and wryts of the estate They aught not to be given up to the Livetennent collonell But lye still in the Clerks hands before the event of the Earles Reduction Especially seeing there is many wryts in the Chartor Chest That the Earle will have use for in caryeing on of the Reduction and the Livetennent Collonell hes no prejudice by the Chartor Chest and wryts being continued and sequestrat in the Clerks hands For in the mein tyme he may have out what papers he hes use for in order to the passing Infeftment upon his decreit of sale if he has a mynd as the Earle may take out such wryts as he shall think necessary for caryeing on the Reduction parties giveing their recepts to deliver the samen back to the Clerks of Councill and certainly if the forsaid reservation of the Earles Right and Reduction have any effect it most be this That the Charter Chist and wryts of the estate should lye sequestrat in the Clerks hands before the event of the said Reduction Quarto As to that pairt of the petition Craveing that all other havers of any wryts taken out of the Chartor Chist should be ordained to2 deliver the samen back upon oath and that upon a summar charge of sex days It is most rediculous and abswrd For first how can there be a decreit against any person for exhibition and delivery of wryts without Calling of them secundo This were to grant Generall Letters against all and sundrie Which is Dounright contrair to the act of parliament dischargeing Generall Letters except for the Kings rents In respect wherof The desyre of the petition aught to be Refused and the Chartor chist and wryts aught to continue sequestrat in the Clerks hands untill the event of the Earles Reduction alloueing aither partie in the mean tyme to have up such of the wryts as they shall have use for upon their Recept and obligation to deliver the same back again to the Clerks as the saids ansuers also bears Therafter the Lords of His Majesties privie Councill haveing upon the day and date of thir presents Considered the above petition given in to them by the above Livetennents Collonell Erskine with the above ansuers therto by the Countes of Kincardine and ane petition for Sir Alexander Bruce of Broomhall They heirby nominat and appoynt The Lord Theasurer deput The Lords Aberuchill and Rankeilor or any tuo of them to Inspect the Chartor chest of the Estate of Kincardine formerly sequestrat in the hands of the Clerks of Councill upon application of the Lord Cardross and to Deliver up to the said Livetennent Collonell John Erskine such wrytts rights and evidents of the Estate of Kincardine bought by him at a publict roup as shall be found in the said Chartor chest upon Inventar first made of the same and his granting Recept wpon the foot of the Inventar of the wryts received by him Which is to be left in the said Chartor Chist where the saids wryts shall be taken out And alloues the said Countes and Sir Alexander Bruce or any for them in their name to be present at Inspecting of the said Chartor Chest and Delivering up to the said Livetennent collonell John Erskine the wryts Rights and evidents he shall have right to in mainer forsaid and Recomends to the said Committie to take inspection of the other rights and papers that shall be left in the saids Chartor Chists and to report their proceidings therin and anent the premises to the Councill with their first convenience and appoynts any tuo of the forsaid Committie to be a sufficient quourm
1. NRS, PC2/28, 4v-43v.
2. The word ‘be’ scored out here.
1. NRS, PC2/28, 4v-43v.
2. The word ‘be’ scored out here.