Act concerning the heirs of [Edward Toschach of] Monzievaird

Concerning the supplication presented to the king's majesty and lords of articles of this present parliament by Jean Toschach and [...] Toschach, lawful daughters and apparent heirs to Edward Toschach of Monzievaird, and John Campbell of Lawers, their grandfather, for his interest, making mention that where there was marriage long time past contracted and solemnised between the said Edward Toschach and Marjory Campbell, daughter to the said John Campbell, their mother, of the which marriage the said complainers are procreated and thereby nearest to succeed to their father's whole lands and living, failing of male heirs procreated of his body; which being well known and understood by the said Edward, nevertheless, by instigation of certain their enemies has been moved in his highness's minority to make a charter of tailzie of his whole lands and living, namely, of Monzievaird, Methven, the free forest of Glen Turret and certain others more at length specified in the said charter of tailzie, and that in favour of Duncan Toschach, baron of Pettenzie, and certain other persons in whose favour the said tailzie is made, whereupon he has obtained in his grace's minority confirmation, and for his better security intends now, after his grace's majority, to obtain the same ratified either in his parliament or hereafter, knowing perfectly that the same confirmation falls directly under revocation as being a confirmation of an tailzie made in prejudice of the female heirs interposed in his grace's minority, to the hurt of his highness's conscience; through which, necessary it is that provision be made in the said complainer's favour that as the said confirmation falls directly under his grace's revocation, in like manner special ordinance be made that no new confirmation shall be granted hereafter, that his grace's treasurer and their deputes be simply discharged thereof, and in case any shall be granted, that the same shall be decreed and declared, now as then, to be null and of no value, and therefore desiring his highness and lords of articles to have consideration of the premises, and, in respect, that the said complainers might have special act and ordinance made in their favour discharging the treasurer and his deputes, the keepers of his great and privy seals from all passing of any confirmation purchased or to be purchased of the said charter tailzie hereafter, as they will answer to his grace upon their duty and obedience, and if any shall happen to be purchased, decreeing and declaring the same to be null and of no value, with all that has followed or may follow thereupon, as at more length is contained in the said supplication. Which being seen and considered by our said sovereign lord and lords of articles, they have remitted and remit the decision and answer to be given to the said supplication to the lords of council and session, after that the party be lawfully warned thereto, as is appropriate, and his defences had thereupon, and ordain them to proceed and do justice therein to both the said parties as they will answer to his highness; and in the meantime discharge his grace's treasurer and his deputes, the keepers of the great and privy seals of all passing of any confirmation purchased or to be purchased of the said charter tailzie until the end and decision of the aforesaid lawsuit by the said lords of session.

  1. NAS, PA2/13, ff.133v-134r. Back
  2. 'P.' written in margin. Back