SIR E. MAGD im on 01. DIANA dai D. W. I. JAME LADY EL LADY M D. W. I. FANN ELIZA Richard Game ELIZA BRYDO dy of Kinloss. i836. RICHA 2nd Duke of B De jure 8 R THIS case is laid before the Lords Committees for Privileges, to whom the consideration of the Petitioner's claim stands referred, for the purpose of stating in detail the evidence by which the facts alleged in support of the Petitioner's claim are established. 1. Edward Bruce was created a Peer and Lord of the Parliament of Scotland by the Title of Lord Kinloss, to hold to him his Heirs and Assigns, on the 2nd of February 1601: This is proved by an enrolment of the Charter of Creation in the Registry of the Great Seal* at Edinburgh. (Minutes of Evidence, page 5. No. 1.) 2. Edward Lord Kinloss, who was a Lord of Session in Scotland, accompanied King James to England on His Majesty's Accession to the English Throne, and his attendance as a Lord of Session was in consequence excused: This is proved by an extract from the Books of Sederunt of the Lords of Council and Session. (Minutes, page 9. No. 2.) The Original Charter is not amongst the muniments of the Petitioner, nor, after every possible search, has the Petitioner succeeded in obtaining it. A full copy of the Charter is however set forth in the Precept of Seizin following upon it, and dated on the 2nd of February 1601. The Precept of Seizin was produced from the muniments of Mr. Hogarth, the present proprietor of the Fishings of Kinloss, and is printed at page 169 of the Minutes, No. 129. The grant of the Dignity is printed in page 171. B 2 3. Edward Lord Kinloss constantly bore the Title of Lord Kinloss from the time of his creation to that Dignity : This is proved by a grant of lands in England made to him by the King on the 14th of May 1603, by another grant dated on the 9th of August 1603, by another grant dated on the 14th of November 1603, and by various Recognizances made to him as Master of the Rolls in England, an Office to which he was appointed shortly after King James's Accession to the Throne of England, between the 29th of June 1603 and the 15th of February 1605, and by the list of the King's Privy Council made on the 10th of May 1603. (Minutes, page 9. No. 3; page 14. No. 4; page 18. No. 5; page 22 to page 25. Nos. 6, 7, 8, 9, 10 and 11; pages 26 and 27. No. 12.) 4. Edward Lord Kinloss was naturalized in England by an Act of Parliament passed in the Second of James the First : This is proved by an entry in the Journals of the House of Lords for the 29th of March 1604 and by the Act of Parliament. (Minutes, page 27. Nos. 13 and 14.) 5. Edward Lord Kinloss obtained a Grant of the Dignity of Lord Bruce of Kinloss to hold to him and the Heirs Male of his body, whom failing, to his Heirs Male whomsoever from King James on the 8th of July 1604 : This is proved by the Letters Patent granting the Dignity. (Minutes, page 175. No. 131.) These Letters Patent passed under the Great Seals of England and Scotland, and are enrolled on the English Patent Roll of the 2nd of James the First, but they were not recorded in Scotland. (Minutes, page 148. No. 104 ) 6. On the 3rd of May 1608 a New Charter of the Lands of Kinloss was granted to Edward Lord Kinloss and to the Heirs Male of his body, whom failing to his nearest Heirs and Assigns whomsoever, and the said Charter contained a Grant of the Dignity of a Lord of the Parliament of Scotland by the Style and Title of Lord Bruce of Kinloss with the same destination : This is proved by an enrolment of the Charter in the Registry of the Great Seal at Edinburgh. (Minutes, page 30. No. 15.) The original Charter is in the possession of Mr. Hogarth, the Possessor of the Fishings of Kinloss, and was produced in evidence on the 1st of August 1867. (Minutes, pages 173 and 174.) 7. In the Decreet of Ranking of the Peers of Scotland, dated on the 5th of These facts are proved by a copy of the Decreet of Ranking and by the enrolment in the Registry of the Great Seal at Edinburgh of the Charter creating the Dignity of Lord Balmerinoch. (Minutes, pages 35 and 36. No. 16, and pages 47 and 49. No. 23). 5 No Parliament was called in Scotland between the year 1600 and the year 1604. Edward Lord Kinloss accompanied King James to England in April 1603, and it does not appear that he ever returned to Scotland. 8. Edward Lord Kinloss died on the 13th of January 1610-11 leaving two Sons*-Edward and Thomas-and was succeeded by his Eldest surviving Son Edward Bruce : These facts are proved by the Will of Edward Lord Kinloss dated on the 9th of August 1610 and a Special Retour dated on the 19th of March 1611 and recorded in the General Register House at Edinburgh, and the Benefactors' Book of Pedigrees preserved in the Heralds' College. (Minutes, page 38. No. 17; pages 39 and 40. No. 18, and page 71. No. 36.) 9. Edward the Second Lord Kinloss died without issue in the month of August 1613, and was succeeded by his Brother Thomas Bruce: These facts are proved by the Will of the said Edward Lord Kinloss dated on the 15th of August 1613, and by a Special Retour dated on the 24th of July 1617. (Minutes, page 41. No. 19, and pages 42 and 44. No. 20.) 10. Thomas Lord Kinloss sat by Proxy in the Parliament of Scotland in the years 1621 and 1633 and was ranked next above the Lord Balmerinoch:† These facts are proved by entries in the Acts of the Parliament of Scotland. (Minutes, page 45. No. 21, and page 47. No. 22.) 11. Thomas Lord Kinloss was created Earl of Elgin and Lord Bruce of Kinloss to hold to him and his Heirs Male bearing the Name and Arms of Bruce by a Charter dated on the 21st of June 1633, and was created Lord Bruce of Whorleton in the Peerage of England by Letters Patent dated on the 2nd of August 1641: The facts are proved by the enrolment of the Charter in the Registry of the Great Seal at Edinburgh, by the Privy Seal Letter for the creation of the Dignity of Lord Bruce of Whorleton and by the Journals of the House of Lords of England for the 5th of August 1641. (Minutes, page 51. No. 24; page 52. No. 25; page 53. No. 26.) * Edward Lord Kinloss had a Son, Robert Bruce, who was older than Edward, as appears by the enrolment of a Charter, dated on the 24th of December 1593, in the Registry of the Great Seal at Edinburgh; but Robert died young and without issue in the Month of September 1595, as appears by a Retour made on the 19th of March 1611, and recorded in the Registry of Retours at Edinburgh. By the Retour it was found that Edward the Brother of the deceased Robert was his next Heir. † Lord Abercorn, who was ranked above Lord Balmerinoch and next below Lord Kinloss in the Decreet of Ranking, was created Earl of Abercorn on the 10th of July 1606. |