Procedure, 19 December 1704, Edinburgh

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/44

A1704/2/44¹

Warrant

Warrand Recommending the advocat To raise a new proces against the Countes of Seaforth

Anent The petitione given in and presented to the Lords of Her Majesties privie Councill By Frances Countes younger of Seaforth Shewing That being persewed befoir your Lordships at the Instance of the Earle of Cromertie, and Lord Justice Clerk Two of the near Kinsmen of […] Earle of Seaforth my sone and of Her Majesties advocat for the petitioners alleadged sending of the said Earle beyond seas to be bred popish and for mentaining him there and therfore concluding that the certificatione of the seaverall acts of parliament lybled upone ought to be applyed to the petitioner and that she ought to withhold his Intertainment and bring him home This proces without being called and publictly heard was Committed and upon report of the Committee that they had not prevailled with the petitioner to bring the Earle her sone home Their Lordships By Interloquitor the seventh of February Instant admitted the lyble to probatione and granted dilligence againest witnesses to the Fyfteen As to which The petitioner asks liberty to represent That the petitioner hes neither means wherwith to mentaine herself nor to send her sone abroad and if he bee gone thither It was necessity for his Intertainment and noe Choyce of myne And if his freinds who persue for his Returne will Imploy the lyke pains for the preservation of his Estate That soe he may have the petitioners Joynture Its probable his Returne might be easie But to order his returne without ane fond for his provisione Is ane inconsistant hardshipe Which the petitioners looking in his face and he in hers bevailling each others callamities will not supplie Besides all this If² The petitioner hade ane accessione to his goeing abroad which she denys she is indemnified and she cannot withdraw the Intertainment She was never able to afoord him. Seeing proces Befoir your Lordships are peremtore and that the witnesses ought to be citted to the same dyet with the pairtes and the pairte to be heard and object againest the witnesses all which is past over in the petitioners caice And Therfore creaving to the effect aftermentioned as the said petitione Bears The Lords of Her Majesties privy Councill haveing considered the above petition given into them By Francis Countes of Seaforth and the samen being read in their presence The saids Lords In respect that noe witnesses were cited upone the Lyble against the petitioner They Recommend to Sir James Steuart Her Majesties Advocat To raise ane new lyble at his Instance againest the said Lady for her takeing away of the Earle of Seaforth her sone and sending him overseas to be popishly bredd and cause Execute the same againest the said Countes of Seaforth and witnesses with all Expeditione and dispatch.