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justice_n court_n king_n parliament_n 7,057 5 6.8291 4 true
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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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Eldest Daughter of the said Earl of Weymss yet contrair to all Law this was denyed him which made the said Earl of Forfars Agent protest for Remedy in Law before Session or Parliament But the Earl of Rothoss being then Chancellor and Uncle to the said Lady Margaret would not suffer the said Agent to have the Benefite for the Earl of Forfar that the Law did allow in such Cases but hastned the passing of the said Signature before it was three days affixed upon the VVall according to the usual Custome Therefore the said Countess of Sutherland has her Recourse to the Kings Majestie Commissioner and to the High Court of Parliament hoping that by his Princely Goodness and their Justice they will cognoce the matter so as to remedy the wrongs done to the said Countess and her Childron and to preserve the legal Succession in the right Line in this Antient Family being Lineally descended from the second Son of the Famous Mackduff Thaine of Fife who restored King Malcolme Crammone to the Crown of Scotland and Killed the Usurper Mackbeth so the said Countess and Earl of Southerland with the Earl of Forfar and Lord Strathnaver do humbly Implore the Justice of the said High Court of Parliament in their behalf it being not Justifiable nor Lawful to suffer a man in his old Age having then lost his Memory and Judgement to wrong his Lawful Successor contrair to the first Entail made in her Favours and the Oaths made by the said Earl to creat a Confidence in his Daughter to give up the Entail made in her Favours to him So that this new Entail made to her prejudice is an Act of great Rigour and Injustice and without any Precedent or Example since by the said Entail Strangers are preferred to her and her Children and she and hers totally cut off from succeeding therein And that by the false Accusations made of the said Countess to her Father It is also to be considered That the said Countess has a Right and Just Claim unto Considerable Sums of Money that were due to her second Brother Alexander Weymss and to her Sister Lady Mary as Bands of Provision made to them and their Heirs be the Deceas'd Earl of Weymss there Father who made those Provisions for them before he Married a second Lady and delivered them to the Custody of Robert Lord Burly their Grandfather to be kept for the Benefite of them and their Heirs which Bonds will amount to by Principal and Annual rent to the Sum of 15000 pound Sterling which the said Countess as Sister German and Heir to the said Alexander and Lady Mary Intreats a Sentence of Parliament against her said Sister Lady Margaret Weymss who possesses the whole Estate of VVeymss And has given the said Countess no Satisfaction for the saids Bonds nor any part of her said Fathers Estate all that she Received being only her Mothers Portion with a certain Sum that her Aunt the Deceased Viscountess of Stormont left her which was payed to the Deceased Earl of Angus as Portion with his said Lady she having Brothers then alive It is also to be Considered That the Estate of the Earledom of VVeymss is considerable enough to suffer Division betwixt the two Sisters since the casual Rent of Coal and Salt is Reckened to be sixty Thousand Merks by year And hath Rendred no less as is informed these two years bygone notwithstanding the VVar So that in a peaceable time it might render much more This is over and besides the Land Rent which is considerable enough as is well known to all the Noblemen and Gentlemen in Fife It is also to be considered That the Delators the said Lady met with from the Lord Chancellor Rothes in December 1679 and June 1680 has done her great Prejudice for then there was alive the VVriter of the Tailzie and two of the VVitnesses and several of those persons that were present and heard the Terms upon which she committed the said Entail to her Fathers Custody who are all now Dead save two VVomen As also the VVriter and three VVitnesses of the Bonds were then alive who for any thing she knows now two of them are Dead and a 3d out of the Country which makes the Discussing of the said Process more necessary lest she drop off her self being now Old and Infirm It is also to be considered That Unjust Methods were used to alienat the Affection of the said Earl of Weymss from his Eldest Daughter whom they made him believe had accused him to the King as a Perjured and Unnatural Man by his breaking his Entail to her and giving it to his Youngest Daughter But in effect the said Lady never Addrest her self to the King till after her Father was two Months dead having still hope that her Father would repent of what he had done to her prejudice before he dyed which he did by a Writ under his Hand four dayes before he dyed as the two Bayliffs of the Town of Weymss told the said Countess so soon as she returned from London after the said Earl his Death Declaring to her That he called for them three dayes before he dyed and told them That now his Conscience smote him for what he had done to prejudise his Eldest Daughter who was ever Dutiful and Kind to him Therefore he desired them to shew her that he had Revocked what he had done against her and had Reponed her to the Entail made in her Favours and that he had inclosed This in a Letter to her which he had Sealled and delivered to a near Relation whom he had taken Sworn that they should not destroy nor open that Letter but deliver it Safe and Intire into the Hands of his Eldest Daughter which is not yet done Yea the late Lord Brunt-Island and his Friends made the King believe That the Earl of Weymss had no Daughter alive but the said Lady Margaret and that the said Countess was only his Sister So that the King was surprized when the said Countess Addrest her self to him for Reparation and told her That he was Mis-informed and was sorry she was so long a coming to seek Redress for now he heard it was too late Another Artifice used by the Adversaties of the said Countess is To make the World believe that the Estate of Weymss was so ruined with Debts that the Lord Brunt-Island and the late Countess of Weymss did recover the same by the great Sums of Money they brought to the Family Ans 1. There was not so great Burdens on the Family as is suggested and whatever was on it of Debt was brought on by the publick Calamity in the Usurpers time For which the Countess of Sutheeland should not be punished for it was in good Condition at her Mothers Death And as to the Sums of Money brought to the Family by the said Brunt-Island it is but false Alledgance which the Earl of Weymss was induced to acknoweldge to give as pretence to the said Lord for his succeeding in the Family to Defraud his Eldest Daughter For it is nottarly known that the said Lord brought no Money to the Family but thirty thousand Merks which purchased the Castle of Bruntisland and the Lands about it For the Leases that the General Artillery had in England did soon expire after the Lord Brunt Island Married the said Lady Margaret Weymss And for the Countess of Weymss passing so much Debt of my Lord Weymss Its Answered That she did it with his own Rents and took Assignations blank to all these Bonds by which she designed to dispose of that Ancient Family to whom she pleased and to defraud her Lords Eldest Daughter tottally