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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B06366 Unto his Grace their Majesties High Commissioner and the right honourable the Estates of Parliament information for Alexander Monro of Bear-Crofts. Monroe, Alexander, fl. 1691. 1691 (1691) Wing U100E; ESTC R185883 16,879 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 Patri●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