[A1706/10/16]*[print] [email] [cite] [preceding] [following]
To his grace James [Douglas], duke of Queensberry, her majesty's high commissioner, and the right honourable the estates of parliament, the petition of Lady Mary Bruce and William Cochrane, younger, of Ochiltree.
Humbly shows,
That whereas the petitioners having applied to your grace and the honourable estates in the month of October last upon our rights and grounds therein mentioned, whereupon we had raised a declarator before the lords of session before Sir Alexander Bruce of Broomhall should be admitted to the rank and dignity of the earl of Kincardine, the rights we mainly founded on were two procuratories of resignation of the title and dignity of the earl of Kincardine, granted by the last deceased Alexander [Bruce], earl of Kincardine, in favour of himself and the heirs of his body, which failing, his nearest heirs whatsoever, and the other in favour of himself and after his death to the said Lady Mary Bruce, his eldest sister-german, and the male or female heirs procreated or to be procreated of her body successively, without division, which failing, to her sisters and their heirs in manner therein mentioned; which procuratories of resignation having been delivered by Sir John Cochrane of Ochiltree to the said Sir Alexander Bruce, upon his receipt for redelivery thereof, upon demand, when the cause came to be heard and the receipt aforesaid produced by the petitioners and production craved of the said procuratories, the same were accordingly produced by Sir Alexander and given in to the clerks and the petitioners. When the debate was ended, having taken up these procuratories as their own evidents from the clerk upon their receipt to redeliver the same upon demand, and the clerk upon the urgent desire of the other party craving that these procuratories may be given back by the petitioners, we humbly conceive that these procuratories, being our evidents, we have just right and interest to retain the same, albeit we gave the said receipt thereof for the clerk's exoneration, and it would create an unnecessary trouble to the petitioners to be put to the necessity of using exhibition for our own proper evidents in case the same should be given up or fall into the hands of any persons not having right thereto. And seeing your grace and the honourable estates of parliament having advised the said debate in the said cause upon [10] October last did admit Sir Alexander Bruce to his seat and vote in parliament, reserving the petitioners' right and declarator as appropriate, we are yet the more concerned to preserve these evidents as being absolutely necessary in that process, and we beg leave in our own defence to say that if these papers were returned to our competitor they might be by him cancelled or embezzled, whereof we could hope for no redress, for the circumstances of his fortune are sufficiently known besides the benefit he has and does enjoy of a personal protection without being limited to any particular time.
May it therefore please your grace and the honourable estates of parliament, upon consideration of the premises, to allow the petitioners to retain the said procuratories of resignation, being our own evidents, and to appoint our receipt thereof to be given up to us, and ordain our said declarator to be discussed before the lords of session summarily without abiding the course of the roll.
William Cochrane
†Edinburgh, 4 February 1707
Her majesty's high commissioner and the estates of parliament, having heard this petition, ordain the writs mentioned therein to be put in the clerk's hands, and that the earl of Kincardine and his procurators see and answer the petition against the first day on which the parliament shall think fit to proceed upon private cases.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
Edinburgh, 3 February† 1707
Her majesty's high commissioner and the estates, having considered this petition with the answers, remit the petitioners' cause to be summarily discussed before the lords of session, and ordain the writs in the clerk's hands to remain therein, reserving all defences against delivery to be determined by the lords as appropriate.
Seafield, chancellor, in the presence of the lords of parliament