Procedure, 30 December 1701, Edinburgh

Att Holyrudhouse the sixth day of January one Thousand seven hundred years

D1701/1/6

D1701/1/6¹

Act

Act the Viscount of Arbuthnet anent Choiseing Curators

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill be the Viscount of Arbuthnot Shewing That wher in obedience to the deliverance of Councill the Tenth day of December on the Muttuall petitiones by the Earle of Southerland and the petitioner and and in Complyance to my Lord Chancelors Letter wryten at the desire of the Councill the petitioner hade returned to Edinburgh and hade waited upon his Grace; The Lord Chancelor and others of the privy Councill and hade owned as weell as showen that the petitioners withdrawing from his Grandfathers familly was without any disrespect of the petitioners own free Choise, Bot albeit by the Letter which the petitioner hade the honor to receive from the Chancelor The petitioner understood he was to be left at Libertie upon the petitioners returne and presenting of the petitioners self to his Grace to proceed in Choiseing of the petitioners Curators yet the interloquitor of Councill does stope and Discharge the petitioners choiseing of Curators serving of edicts or doeing any other thing for the effect untill farder order of Councill and although this prohibition be only in the mean time untill petitioner should present himself to his Majesties high Commissioner and that is not to be thought till his Grace and the saids Lords intended Imped the free Choise of the petitioners Curators yet least the petitioner should seem to faill the due respect to any ordinance of Councill The petitioner hade abstained from the Choiseing of the Currators untill his Grace and the saids Lords take off the very appearance of a prohibitione and therfore humbly Craveing the saids Lords to Find that he might freely proceed to Choise Curators As the petition bears His Majesties high Commissioner and the Lords of privy Councill haveing Considered this petition given in to them by the above Viscount of Arbuthnot They hereby take off any stop made by them to the said petitioner his Choiseing of his Curators; And Declares his Lordship to be at full and free Libertie to ellect and Choise the Same notwithstanding therof, and alse fully and freely as if the Samen hade never been Laid on as accords in Law.