Act in favour of [David Erskine], earl of Buchan

Her majesty's high commissioner and estates of parliament, having heard the petition of David, earl of Buchan, humbly showing to 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 with the benefit of inventory, as use is, in executory and moveables, allowing still to the said apparent heir a year and a day to deliberate, in which time he may make up the foresaid inventory, and the deceased William [Erskine], earl of Buchan, the petitioner's immediate predecessor, having died soon after the said act before expiring of the year and a 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 with benefit can infer no prejudice to any person concerned more than the entering within a year and a day, and that it appertains only to the high court of parliament to give a further allowance to the petitioner in this matter, therefore, craving 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 above-mentioned, 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 with the benefit of inventory 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 4 September instant, read in the presence of her majesty's 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 private business. And her majesty's high commissioner and the said estates of parliament, having 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 with the benefit of inventory, to the effect mentioned in the act of parliament made thereupon. Extract.

  1. NAS. PA2/39, f.37-37v. Back