Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Sixth day of March One Thousand Seven hundred years

D1700/3/5

D1700/3/5¹

Act

Act Burnet of Montbodo and his tutor

Anent a Petition given in to the Lords of his Majesties privy Councill be James Burnet of Monboddo and Mr Andrew Burnet his Tutor dative Shewing That wher after debate in presence of the Lords of Session And notwithstanding of the opposition made by the daughters and airs of Lyne of Sir Alexander Burnet of Craigmyle the petitioners predecessor and also by Mr Thomas Burnet of Kemney the pretended heir in ale the petitioner was served and retoured heir of Tailzie and provisione to the said Sir Alexander and have also action depending against the saids heirs of Lyne for preferring the said Sir Alexanders bond of Tailzie in the petitioners favors, And that at Sir Alexanders death the Chartor Chist and wrytes of the said estate fell in his relicts and daughters hands And the relict marieing afterwards to Sir Charles Maitland of Pittreichie still keep the possession therof Notwithstanding that the eldest daughter was maried to Farquhersone of Innercauld Bot the wrytes and Chartor Chist being still in the keeping of the said Sir Charles² who was Like wayes tutor and Curator to Sir Alexanders youngest daughter the petitioner was not Solicitous as to the Safety of the said Chartor Chist and evidents of the said estate knowing Sir Charles to be both a man of probity and unquestionable Sufficencie, So that if they hade been to be Sequestrated The petitioner could not have Consented to a fitter persone, Bot Sir Charles being now dead and his Sone […] Maitland Minor under Curators and the eldest daughter of Sir Alexander being Maried to Innercauld in the hight and blackest of the Highlands and no body now to Look after the said Chartor Chist Except the relict and youngest daughter who hath also been adversaries in this wholl matter And have Occasioned the petitioner great expensses in recovering the Tailzie and other³ papers which was fraudlently concealled and Abstracted by the Lady which is weell known to Seaverall of the Lords of Session who are now Councellors The petitioner must therfore of necessity apply to the saids Lords That Seing the petitioners title is established and the petitioners actione depending he might not be frustrat by the abstracting of the wrytes which the saids Lords might see evidently were in no Security And Seing the said Sir Charles was only deceased within these fyve or six weeks And Therfore humbly Supplicating the Saids Lords to the effect aftermentioned As the said petitione bears, The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above James Burnet of Monboddo and Mr Androw Burnet his tutor, They doe hereby Ordaine the above wrytes and Chartor Chist of the estate of Craigmyll wherof ane Inventar is allready made by the Commissar of Aberdeen, Togither with the rest not inventared to be exhibited and produced by the havers therof In the hands of the Shirriff principall of Aberdeen or his deputs And to remaine Sequestrat therin to be made furthcomeing to such as shall be found to have best ought therto, And Ordaines Letters of horning to be direct under the Signet of Councill upon fiftein dayes warning against the havers of ⁴ by name and designation to exhibit and produce the saids wrytes Alse weell Such of them as are not inventared as tehse of them which are inventared, And that upon Oath before the said Shirriff or his deputes to be Sequestrat in maner forsaid.