[A1706/10/23]*[print] [email] [cite] [preceding] [following]
Anne, by the grace of God queen of Great Britain, France and Ireland, defender of the faith, to our beloved [...], macers or messengers at arms, our sheriffs in that part conjointly and separately, specially constitute greeting. Forasmuch as its humbly meant and shown to us by our beloved Rose Muirhead, widow of the deceased James Muirhead, younger, of Bredisholm, that where she having intended an action of aliment before the lords of our council and session in name of herself and children against James Muirhead, elder, of Bredisholm, her father-in-law, and her children's grandfather, our said lords, by their interlocutor of 15 February 1706, refused an aliment to the complainer and her children during the dependence of the exhibition and declarator at their instance against him, and upon a petition given in by the complainer reclaiming against the said interlocutor, their lordships, upon 27 February, adhered thereto, by which two interlocutors the complainers judged themselves very much wronged and damaged and therefore protested for remedy of law to us and our high court of parliament. And seeing the said complainers are desirous to prosecute their said protestation for remedy of law before us and the estates of parliament, our will is therefore and we charge you strictly and command that as soon as these our letters are seen, you pass and in our name and authority peremptorily summon, warn and charge the said James Muirhead, elder, of Bredisholm and Sir James Justice, clerk to the said process, personally or at their dwelling places if within the town of Edinburgh upon 48 hours' warning, or if elsewhere within this kingdom upon 15 days' warning, or if outwith the realm at the market cross of Edinburgh, pier and shore of Leith upon 60 days' warning, to compear before our high commissioner and the said estates of parliament at Edinburgh, or where it shall happen them to be for the time on 2 October next to come in the hour of cause, with continuation of days, to answer at the instance of the said complainers; that is to say bringing with them, exhibiting and producing before our said commissioner and the estates of parliament the aforesaid process, interlocutor and whole grounds and warrants thereof, interlocutors and deliverances pronounced by the said lords of council and session, and to hear and see the points complained of redressed and justice administered therein, and, if need be, to hear and see all lawful and necessary probation led and deduced in the said matter, and give their oaths of verity upon such points as shall not be otherwise proven, or else to show a reasonable cause in the contrary; with certification to them if they fail, our said commissioner and estates of parliament will determine therein according to justice, and for the cost, injuries and damage the complainers may in any way sustain through this. In addition, that you lawfully summon, warn and charge [...] to compear before our said high court of parliament or committee thereof, and, as our said commissioner and the estates shall see cause, to bear true and accurate witnessing in the said matter in so far as they know or shall be asked at them, under all highest pain and charge that after may follow, as you will answer to us thereupon. The which to do we commit to you conjointly and separately our full power by these our letters, delivering them by you duly executed and indorsed again to the bearer. Given under our signet at Edinburgh, 10 August and of our reign the fifth year 1706.
From the deliberation of the lords officers standing according to the act of parliament, 13 September 1706, John MacKenzie
†Edinburgh, 3 October 1706
The within defenders were called by a macer, according to the summons and executions, at the patent gate of the parliament house after opening thereof before the sitting of the parliament, Sir Archibald Sinclair compearing for the pursuer and none compearing for the defenders.
Edinburgh, 10 October 1706
The within defenders were called by a macer, according to the summons and executions, at the patent gate of the parliament house after opening thereof before the sitting of the parliament, Sir Archibald Sinclair compearing for the pursuer and Mr James Graham for the defenders.†