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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A45872 Information for the Earl and Countess of Southerland and their children, as followeth 1693 (1693) Wing I164M; ESTC R222605 5,186 6

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INFORMATION For the Earl and Countess of Southerland and their Children as followeth I. THat the said Countess is the Eldest Daughter of David late Earl of Weymss who died in the year 1679. without Male Issue whereby the said Countess hath undoubted legal Right for succeeding in the Estate and Honours of her said Father the Earl of Weymss according to the Laws and Customs of the Kingdom of Scotland which allows not a Father to Disinherit his Eldest Lawful Child and to prefer a Younger to their Inheritance unless the Eldest were proved a Fool or a Person grosly Vitious or Profligate or had Married Dishonourably to Disgrace the Family and contrary to Will of their Parents none of which can be alledged against the said Countess who is not accounted a Fool nor hath done any thing which will speak her Vitious or Profligate And for her Matches first and last the Family hath no Dishonour by them and she engaged in them by the special command of her Father II. It is to be considered in the 2 d. place that the late Earl of Weymss did not Purchase his Estate himself but received it from his Ancestors for several hundreds of years So that by the Ancient Customs of the Nation he had no Right to dispose of that Estate or put it by his Lawful Heir since it was none of his own Purchase III Thirdly It is to be considered that the said Earl of Weymss did in June or July 1649. Dispone all his Estate and Honours failing of Lawful Heirs of his own Body to the said Countess without any Clause of Revocation and Entailed it not only to her but to any Child of hers Son or Daughter the Eldest being first in the Provision upon condition they assume the Name and hear the Coat of Arms belonging to the Family of Weymss Yet in a little time after the said Countess her Mother being Sick and on her death Bed did at the said Earl's desire request her Daughter upon the said Earl of VVeymss his Importunity to give up to his Custody the said Disposition and Entail made in the said Countess her Favours because he did solemnly Swear that he should never destroy the same but kept it intire for the behoove of the said Countess and her Children failing of his Lawful Sons of whom he had then two alive The said Countess being loath to disoblige her Father or disobey her then dying Mother brought the said Entail and gave it into her Mothers hands who said to the said Earl of VVeymss My Daughter and I Trust you with this Evident of hers upon condition you will not destroy it nor do any thing in prejudice of it That in case you have no Male Issue at your Death she and hers may be vertue of this Deed succeed to you in your Estate and Honours to which the said Earl answered and Swore That as he should answer to God he would perform it and wished that if ever he should make a Right or other Entail to any other person in prejudice of the said Countess he wished the person might be Accursed and the Family might Perish This was done in the presence of the late Lord Burlie the late Lord Ruthvan and the Laird of Feyngies Mr. Hooper and divers others My Lady Ruthvan and Mrs. Law who are yet alive were also present So the said Earl Thanked his Daughter for her Confidence in him and answered her That he would not abuse his Trust Notwithstanding of this the said Earl having Married twice after the Decease of his first Lady and having by his third Lady several Sons and one Daughter was prevailed with by his third Lady after the death of all her Sons to make a new Entail to his Daughter by her in the year 1671 or 1672. by which he cut off his Eldest Daughter the said Countess and her Posterity as if they had been Bastards from having any Right Title or Claim to succeed in his Family which which was a Deed so contrary to the Law and Customs of the Nation and to Equity Reason and his solemn Oaths which it seems he had forgotten it being more then twenty years from the time he made those Oaths and Promises to that year in which he broke them by making this new Entail to his youngest Daughter Lady Margaret VVeymss whom he gave in Marriage to Sir James Weymss who by the Duke of Monmouth's Moyen with the King was afterwards made Lord Bruntisland It is also to be considered That the said Countess did Address her self to her said Father the Earl of Weymss before this New Entail to her prejudice was compleated or her Sister Married proferring to his Lordship That it he would continue the former Entail and not alter it to the prejudice of her and her Children that she would procure for her Sister the said Lady Margaret one of the Noblest Matches of the Kingdom who would promote her to greater Honours and Estate than the Family of Weymss could render and who would be satisfied with the Lordship of Bothwell which was a part of the Earl of Forfars Estate as a sufficient Portion with the said Lady Margaret and the rest of the said Earls Estate might go as Addition to the Estate of Weymss so that the said Countess and he might succeed in that Family But the said Earl of Weymss told his Daughter That he behooved to make this New Entail to his Youngest Daughter else he could not please his Wife nor have peace at Home Saying also That he could not contend with his Wife and her Friends being now broken with Grief for the Death of his Ten Sons and being Infirm with Old Age being then Sixty and two Years and was truly failed both in Memory and Judgement so that when the said Countess desired him to Remember the Promises and Oaths that he made to her and her Mother when Dying that it might not trouble him when he came to dye if he should break these Oaths and Promises Upon which he knocked upon his Breast and said Oh Daughter you wound me to the Heart in putting me in mind of those things which I had absolutely forgot and so run out of the Room in a great disturbance And he was so prevailed with by his Lady and the said Lord Brunt-Island who was then present with him that they would never suffer the said Countess to have access to speak to him any more lest his Heart should have relented towards her Yea they took him sworn that he should not so much as receive a Letter from his Eldest Daughter who did writ to him to his Lady but the Letters were sent back without being opened And when the said Earl of Weymss went on to pass the Signature he had made to his Youngest Daughter before the Kings Exchequer notwithstanding that one compeared from the Earl of Forfar and his Friends requiting up a sight of the said Signature before it should pass as being the Eldest Son of the