Selected quad for the lemma: lord_n
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B06366
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Unto his Grace their Majesties High Commissioner and the right honourable the Estates of Parliament information for Alexander Monro of Bear-Crofts.
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Monroe, Alexander, fl. 1691.
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1691
(1691)
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Wing U100E; ESTC R185883
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16,879
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12
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craving repetition of the Lords found Bramfoord no wayes bound to stand to the Terms or condition of the foresaid restoration and that his possessing his Estate Albeit in the Terms and qualifications of the said condition imported nothing whereof the reason is marked to have been because Bramfoord was Ex necessitate to yeild to the power of the Government for the time wherewith he was not able to contend That in the case of concussion the partie Laesed his private reclaiming and testifying the wrong done him to his own friends is good ground whereupon to restore him against all deeds done by him medio Tempore in referance thereto is Recorded 1mo By Papone as expresly decided by the Parliament of Paris on the 9th of August 1545 whose words are Feu Monsieur le Chancelier Poyet homme redouté sit Commandement á un convenu par ses soeurs de faire partage auec elles leur laisser leur portion virile dans troin mois a peine de perdere sa part en l'heredite dont estoit question Voyant ce frere la Grandeur de ce Commandment dont il ne pouuoit reclamer ores que ses foeurs eussent quitte Voyant aussi L. intolerable greiff que ce luy estoit obeyt mais ce fut apres auoer proteste a part de l'iniure qui luy estoit faicte de tout faire irriter en temps de justice Ce qu'il obtint depuis par Arrest de Paris a moyen de ladicte prestation Le. 9 iour d' Aoust 1543. Papon Lib 16 tit 3 arest 10. And it is proven that the Pursuer did reclaim both publickly and privatly 2do The case is also observed to have been the same way decided by the Senat of Tholouse and it is so determined by the practice of Holland as is notted by Christinaeus in his Decisions of the soveraign Courts of Holland vol 2 decis 114. num 5 wherein he cites the practice of the Senat of Tholouse and others 3tio That Fear and Aw arising from Deeds which of their own Nature may import Awfulness needs no Protestation at all to be interposed is held as a principle by all Lawyers Yet the Pursuer did protest and contend as much as was possible against the Awful Authority with which he had to do as is evident by the Depositions following Follows the Depositions of the Witnesses Proving that the Pursuer Reclaimed both in publick and private In presence of Sir John Hall and Sir William Hamiltoun In the Cause of Mr. Alexander Monro against Mrs. John Mackenzie and James Justice SIR John Baird of Newbyth one of the Senators of the Golledge of Justice Aged Sixtie and above Married being solemnly sworn purged and examined depones That it being now so long a time since the Kings Letter concerning the Clerks was read to the Lords of Session The deponent cannot be special as to all and every one of the Particulars mentioned in the Interrogators but depones that he remembets very well that the Pursuer did alwayes reclaim and repine against the order of the Lords for reducing the Clerks to Three and particularly for voting the Pursuer out as one according to the meaning of the Kings Letter And that he did reclaim both the time of the reading of the Letter in presence of the Lords and thereafter And particularly that the Pursuer reclaimed against the deponent himself and would hardly speak with him for two years thereafter Causa scientiae The deponent was present where the said Letter was read and saw and heard ut Supra And this is the truth as he shall answer to GOD Sic subscr bitur John Baird John Hall William Hamiltoun Sir John Lockbart of Castlebill aged fiftie or thereabout Solutus being solemnly sworn examined and purged depones that the deponent cannot be possitive as to the particular circumstances of the expressions mentioned in the Interrogators But depones that he heard Commissar Monro declare his dissatisfaction to the deponent before the Letter was read And as he remembers used some expressions reclaiming against the Letter the time it was read in presence of the Lords and after he was turned out remembers he has used words of very great resentment for his being turned out and that the deponent never heard Mr. Monro speak of that subject without repining Causa scientiae The deponent was one of the Lords of Session the time of reading the said Letter and this is the truth as he shall answer to GOD Sic subscribitur John Lockhart John Hall William Hamiltoun Robert Hamiltoun of Presmennan one of the Senators of the Colldege of Justice Aged sixty eight years married being solemnly sworn purged and examined depones He cannot remember of all the particular circumstances mentioned in the Interrogators but that he remembers on the day the Letter was read The pursuer reclaimed against the same and said that he had acquired his place from Sir Arebbald Primrose Lord Register and he thought it strange that he should be disquieted therein for though he wanted a place he thought the King in Honour should have provided him to a place in reguard of his great services sufferings for his Majestie both in England Scotland and Ireland Depones that the Letter being read and after the Commissars reclaiming all the Clerks were put out to the outter house and without calling any of them in as the deponent heard to intimat the sentence to them that they were put out And the next morning the Pursuer came to the deponents Chamber and declared he would go in and possels his seat as Clerk of the Session since there was no intimation of the sentence against him and desired the deponent might go with him whereunto the deponent consented went both towards the Parliament house The length of the midle of the old Kirk where Sir Patriâ—k Murray met them who asked where the deponent and the Pursuer were going To which the Commissar answered that he was going to keep possession of his own seat as Clerk of the Session and the deponent did acknowledge he was going there also for the same purpose whereupon Sir Patrick Murray by several arguments did diswade them to go because it would be ill taken and would prejudge them by which they were both perswaded to go back with him and further depones that the deponent did often after that hear the Pursuer reclaim against the said sentence Causa scientiae patet and this is the Truth as he shall answer to GOD Sic subscribetur Robert Hamiltoun John Hall William Hamiltoun Sir Alexander Gibson of Adeston one of the Clerks of Session aged fifty five years or thereby married being solemnly sworn purged and examined depones that after the Kings Letter for reducing the Clerks was read Commissar Monro did make a Representation to the Lords of his concern in that Matter and desired that they would take his Case to consideration before they proceeded on the matter but what were
UNTO HIS GRACE THEIR MAJESTIES HIGH COMMISSIONER AND THE RIGHT HONOURABLE THE ESTATES of PARLIAMENT Information for ALEXANDER MONRO of BEAR-CROFTS THE said Alexander Monro upon the second day of November 1669 purchased and Obtained from Sir Archibald Primrose then Clerk Register the Office of an Ordinary Clerk of Session during all the days of his Life unremovable As the Gift of the said Office herewith produced more fully bears By Vertue whereof and considering that the said Sir Archibald Primrose was by his Gift Ratified in Parliament Expresly and Fully Impowered during all the dayes of his Lisetime to Choise and Appoint Clerks of Session one or more during their Lifetimes in the express words following Cum plena absoluta potestate ei durante spatio antedicto eligendi locandi Constituendi Clericos deputatos substitutos unum seu plures in dicto officio durante vit a dictorum deputatorum substitutorum idque semper prout ei expedire vel emolumentâ— subditorum nostrorum in exequendis dictis officiis conducere videbitur And that the said Sir Archibald did name to the Parliament six Clerks to serve in parliament and Session who were sworn and admitted and approven in Parliament and Seffion and their Rights ratified in Parliament It is evident that the said Alexander had good and undoubted Right to his said place and office so that except upon the account of Malversation lawfully found and proven against him he could not possibly be removed Yet true it is That after he had served faithfully in the said office for several years and notwithstanding of his former many services sufferings in the wars for the Royal Family and his Country Nevertheless upon a letter impetrat from King Charles the second to the Lords of Session bearing for all other causes that it was his majesties pleasure That there should be only Three Ordinary Clerks of Session according to the ancient Constitution He was summarly upon the 20 of June 1676 turned out by the Lords of Session who did arbitrarly modifie leven Thousand Merks for his Office to be payed to him by the deceast Mr. John Hay his Colleague When his Majesties Letter was read the said Alexander Monro pleaded that by Ours and the common Law the Lords could not warrantably proceed thereupon to determine any thing concerning his office which was his property And to which he had as good Right as any man had to his Estate And having offered several Grounds in Law to clear the same he craved to be heard by his Lawyers And offered to undergo any tryal as to what ever might concern the discharge of his office And the Veredict of all or any whose affairs had been at any time amongst his hands Whether ever he had malversed or Extersed or had been defective in his Duty or had done any thing unworthy of a Clerk of the Session And he urged further That such Letters were many times impetrate upon misrepresentation and therefore craved some competent time to inform his Majesty of the nature of his Right and of his services done to the Royal Family and his Country at the Engagement 1648 And in Ireland in Anno 164â— And at Worcester with his Majesty where his Brother Lievtenant Colonel Monro was kill'd and himself taken prisoner And in the Highlands in the years 1653 and 1654 and other Occasions Nothing doubting when his Majesty were rightly enformed he might rather expect a better imployment by his Majesties Free gift Then to suffer prejudice in his property Office which he had purchased with his own money through any thin which might flow from his Majesties hands To which it was answered That he might use these pleadings on his Services To be one of the three Clerks appointed by his Majesty And to that he replyed That he could not be one of the three without wrong done to others who had undoubted right And he craved no more but the peaceable possession of his own Then he was commanded to remove And when he was gone Sentence was pronounced Removing him from his Office and appointing his Colleague to pay him 7000 Merks Which Sentence was never intimat to him in the ordinary way Nor was he suffered to return again Wherefore he resolved the next morning to take his place in the House and being near to go in he was pulled hack by Force by some Friends who told him he would be sent into prison if he attempted it And though he answered it would be convenient for him to be so treated yet they carried him away Violently Now by what is said above it is evident that he was cast out of his Right and Office by Violence compleated against him after all the Resistance he could make Whereby having ever since been debarred from his said Office and Right and wanting opportunity to apply for redress till the late happie revolution He did address himself by supplication to his Grace their Majesties high Commissioner and Estates of Parliament craving that his case a foresaid might be taken into consideration and that his Right to his Office and the illegal and Awful way of his being thrust therefra might be declared and he thereupon reponed and for that effect that his case might be recommended to the consideration of the Commission of Parliament appointed for fines and forefaultures to cognosce thereupon after hearing of parties And accordingly the affair having been remitted to the said commission And the parties having interest being cited to compear and the said pursuer at the last peremptorie dyet appointed be the said Commission having compeared with his Procurators resumed his lybel Viz. That he had good and undoubted Right to his said Office of Clerkship But was awfully and illegally thrust therefrom by concussion and such force of Authority in manner foresaid as he was not able to resist And therefore that the same might be so found and declared and he thereupon in Justice reponed to his said Office and Right Against which it was alleaged be the Defenders viz. The Officiating Clerks personally present with their Procurators That 1 mo The said Pursuer had never a legal Tittle to the Clerkship In respect That by an Act of Parliament Anno 1621. the number of Clerks were Restricted to Three and the Pursuer being but One of Sex was super numerarie And that by the said Act of parliament no person could be joyned to any of the Three Clerks without the Clerks own consent And that no patent in favours of Sir Archibald Primrose Anno 1661 impowering him to name more as one Clerk in one Office nor any Confirmation in Parliament of such an Nomination by Sir Archibald in favours of the Puriuers Author could import any Derogation from the said old standing Act of Parliament 1621. 2do It was alleaged That as the Pursuer had no Right so could not the way and manner of turning him out of his Clerkship by the Kings Letter and Ordinance of the Lords