History of the earldoms of Strathern, Monteith, and Airth

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APPENDIX.
No. XII.
Proceedings
ON Reduction
AND
Cancellation
OF Retours
AND Patents.
22nd March
1633.
in verity is truly tryed, and his officers omission cannot
prejudge the King; but yet he might be heard, not-
withstanding of any such sinistruous affirmation made
to the Prince, whereupon the Writs proceeded. Thir
Reasons were sustained, and Found Relevant to Reduce
the Retours and Services; and it was Declared, that
the Defender was not Heir, neither could be to these
Persons; and that he was not of Blood to them, but
Declared, and it was Found that the King was sole
and only Heir : And it being Alledged, that the King
had no Interest to quarrel the Retours, in respect of
the Writs foresaids, wherein he confest the Defender to
be Heir, and that his officers Compearing at the Service,
was a Consent thereto. The Exception was Repelled,
and the King's Interest sustained, notwithstanding of
these Writs; and Found that the King might now
quarrel the same, and the wrongous Information, and
omission of the officers could not prejudge the King ;
and in this Process, Error being also concluded against
the Assisers, they were Assoilzied from all Error and
Punishment, because it was Found, that they had just
and probable Cause to have Served him Heir, where
the King's Advocat Compeared the time of the Service,
and did not oppone thereto ; but protested that the
Proceeding therein, should be for Corroboration of the
Renounciation made in the King's favours, whereby in
effect tacite he consented thereto, and which was Found
sufficient to liberat the Assysers, together with the
Charter granted by the King, bearing that Designation,
whereby it appears, that the officers are hereby taxed
for suggesting to the King, that which was un-warrant-
able. Actor. Advocatus. Alter. Mowat, Neilson &
Prymrose. Hay Clerk. In this cause the Thesaurer-
Deput sat, and Judged, Reasoned, and Voted, albeit he
was Pursuer."
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