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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B05022 Information for the Lady Craigleith, and Laird of Prestoungrange, at first presented against Sir James Rochead, and now repeated against James Rochead his son, with an addition for the Laird of Mortounhall, humbly offered to the Members of the Committe for Security. 1695 (1695) Wing R1738B; ESTC R187572 3,919 4

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Insinuation That Sir James procured the Legacy of 6000 merks to be left to the Lady nor is there the lest vestige in the Testament that that Legacy had the least respect to the foresaid Recommendation 4. No rational man can doubt but if the deceast John Rochead were alive this day He would approve his Ladies Choice and pass from his own Recommendation And it was notourly known that the Sequestration was contrived by Sir James not in order to a Marriage with his own Son but he was to dispose of her to another Person on purpose to make his Interest at Court 5. As to the Ladies marying her Daughter to Preston-grange it was evident at that time by all that were Impartial judged to be the more equal Marriage Sir James his Son was three years younger than the Ladies Daughter and the Daughters Marriage did not happen till near three years after the Fathers Death in which space many Grounds of Aversion and Alienation might have fallen in as in effect they did which might justly determine both the Mother and the Daughter to make a new Choice notwithstanding of the Defuncts Recomendation If the Daughter and Sir James's Son had been both Marriageable when the Father died the Recomendation might have had more weight but to think that a Recomendation of Marriage as to Persons under Age should be of any moment three years thereafter against a more equal Choice made be both Mother and Daughter is contrary both to the Liberty of Marriage and all Rules of Good Sense 6. That Prestoun-Grange was married by an Outed-Minister is clearly enough and in terminis Lybelled And the very Act of Parliament discharging Marriages by Outted Ministers is one of the Acts lybelled upon but whether this should have been an Aggravation for so exorbitant a Fyne all men may judge In Respect whereof it is evident that the Grounds of the said Fyne were Arbitrary and the Fyne it self extraordinary and exorbitant and such as are Condemned by the Claim of Right and is most justly referred to the Cognition of this Commission Sir James would willingly decline the Commission or have the Commission to decline themselves because this Case seems not to be included in the Act of Parliament which grants this Commission But First if it had been more directly included in that Act it had not needed an express Reference 2. It s Reference is the same and every way as Valid as many others made by the Parliament to this Commission without any formal Vote and far more Remote from the Subject of the said Act of Parliament But 3. This Case is clearly comprehended in the Claim of Right which its well known was the Rule principally regarded in making the foresaid Act of Parliament and had the case been then named it had certainly been expresly Included 4. In so far as marrying by an Outted-Minister is made one of the principal Aggravations of this Sentence it falls directly within the Compass of the said Act of Parliament and it s very like that at that time the Ladies refusing to put her Daughter in the Bishops house and her Daughters marrying by an Outted Minister were the greatest Ingredients in their Guilt to procure this heavy Fyne 5. It is evident that this Matter cannot be Tryed by any other Court but by the Parliament for seing the Fyne was Imposed by Act of Council and was manifestly exorbitant and by the Claim of Right appointed to be Considered and Redressed It is obvious that the Parliament are the only proper Judges in this Review And 6. Since that this Commission is only to Try and Report Innerleith must have a very suspicious Diffidence of his Cause if he draw back from the Commission and be unwilling that His Majestie and the Parliament Determine in it This Affair being afterwards brought before the said Commission and Debated in their Presence the Commission induced the Parties to submit and gave forth their Decreet Arbitral But Sir James having Reclaimed against it the Lady Craigleith did likewise Resile and so the Decreet took no Effect Likeas John Trotter now of Mortounhall as representing his Father who was likewise concerned in that Matter did not at all submit and therefore both he and the Lady Craigleith and Prestoun-Grange for his Interest do humbly apply to the Committee for Security as come in place of the foresaid Commission to have this whole Matter Reported and Determined in Parliament