[1705/6/103]*[print] [email] [cite] [preceding] [following]
Her majesties' high commissioner and estates of parliament, haveing heard the petition of David, earl of Buchan, humbly shewing unto them that, where by the twenty fourth act of the fifth session of the first parliament of his late majesty King William it is statute and ordained that any apparent heir shall have free liberty and access to enter to his predecessor cum beneficio inventarij, as use is, in executory and moveables, allowing still to the said apparent heir year and day to deliberat, in which time he may make up the foresaid inventory, and the deceased William, earl of Buchan, the petitioner's immediat predecessor, haveing died soon after the said act before expireing of the year and day thereby allowed, without entering to his predecessor in the terms thereof, the petitioner, being the next apparent heir, was hindered from entering by his absence out of the kingdom for near the space of two years thereafter, as is very well known to several members of this honourable house. And seeing that the petitioner's entering now cum beneficio can inferr no prejudice to any person concerned more than the entring within year and day, and that it appertains only to the high court of parliament to give a further allowance to the petitioner in this matter, therefore, craveing his grace and the right honourable the estates of parliament, in consideration of the speciality of the petitioner's case by reason of his absence out of the kingdom abovementioned, and that no person can be in the least prejudged by what is desired, to allow yet a competent time to the petitioner to enter heir cum beneficio inventarij in the terms of the said act to his predecessor last infeft, as his grace and their lordships should think fit, as the said petition bears. Which being, upon the fourth of September instant, read in presence of her majesties' high commissioner and the said estates, they ordained any party concerned to answer thereto against the third meeting this week, being the day appointed for privat business. And her majesties' high commissioner and the said estates of parliament, haveing this day, being their said third meeting, heard the said petition again, and being therewith well and ripely advised, they allowed and hereby allow the petitioner a year from this date to enter heir to his predecessor last infeft cum beneficio inventarij, to the effect mentioned in the act of parliament made thereanent. Extract.