Warrant, 31 December 1695, Edinburgh

Edinburgh Wedensday 10th Aprill 1695

D1695/4/13

D1695/4/13¹

Act

Act The Earl of Anandale and his majesties advocat contra Dalzell

Anent a Petition given in to the Lords of his Majesties privy Councill be William Earle of Anandale and Sir James Stewart his majesties advocat Shewing That quher upon the discovery of a most suspicious bond of about four thousand five hundred thretie thrie pund principall aledged to have been granted by the petitioners deceast father in the year J^aj vj^c sixtie two years to the deceast Sir John Dalzell and Which was never since heard of notwithstanding of Sir John and his sone Sir Robert ther weell knowen Circumstances And that the petitioners father being therafter debitor to them in a lesser soume of Two Thousand merks the annualrents therof were from time to time payed But this alledged bond haveing been so long latent doeth now appear and it is pretended to be Conveyed by assignationes and translationes to the late Sir John Dalziell of Glenmore and was by his relict for his sones behoove Confirmed in her husbands testament, Wherupon the petitioner was necessitate to raise a reductione and Improvation of the said bond before the Lords of sessione And In Regiard that William Couper one of the witnesses in the bond in infirme and valetudinary as was attested to the Lords They upon ane petitione gave order that this oath and depositione should be taken, And for that effect that the Lady Glenae haver of the bond should exhibit the same, In obedience quherunto she did indeed Compeir and make faith and deponed that she hade the bond since the citatione given her upon the forsaid sumonds of reductione given her upon the forsaid sumonds of reductione and Improbatione, But that she put it away in the hands of another before the said ordinance of the Lords was given against her But refused flattly to declair in whose hands she putt it as she was Certainly bound to doe, and tho a second dilligence by Captione was given and execute against her, yet she gave in bills of suspensione untill they were refused by five of the Lords Conveened for that effect and then she Condescended in whose hands she hade put the bond viz that she hade put the same in the hands of Mistress Agnes Dalziell her husbands sister for letter preservation and that she did not know wher it now was or wher her sister was By all which it is evident that the forsaid methods have been industreously taken to hinder the said William Couper a dyeing man and one of the witnesses insert in the bond to depone anent the same and therby to eleid the petitioners actione of Improbatione which the petitioner has so good ground to pursue to prevent a burdein of no Less now then twentie thousand merks And seing that falshood especially when ther are such pregnant grounds of suspicion and such visible Courses taken for to hide and Cover the same ought to be prosecute with all dilligence and that now in this time of vacatione the ordinary remeedy by the Lords of session faills so that in all probabillity the forsaid infirme witnesses may be dead before the said Improbatione and that it Certainely belongs to ther Lordships in such casses to interpose ther authoritie for preventing such a manifast interpose ther authoritie for preventing such a manifast and designed abuse, Which cannot possibly be Otherwayes avoided And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premisses To give warrand to Charge the said Mrs Agnes Dalzell to Exhibit the forsaid bond in the hands of one of the Clerks of Councill with Certification that of the Clerks of Councill with Certification that if she faillie therin a second dilligence by Caption shall be direct against her and to give present warand for the same incase of her faillie, As alsoe incase of her Declareing that she hath shifted the bond into another hand to Charge the forsaid other persone or any else into whose hands it shall be Declared to be shifted with the like first and second dilligence that Justice may not be eluded by such manifast tricks specially seing that all the intent of the forsaid exhibitione which the petitioners is willing be Declared in ther Lordships out to the effect allenarly that the forsaid witnesses may see his subscriptione and Declair the treuth anent his subscriptione and Declair the treuth anent his subscryving, and granting of the bond without prejudice to the Lady Glenae her right as accords But that she shall have it instantly returned to her oun Custody untill the samen be orderly reduced and Improven as the said petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the Earle of Annandale etc his majestie advocat with the act of the Lords of sessione and depositiones taken therupon mentioned in the said petition, They heirby Give order and Warrand to ther Clerks to give out Letters Chargeing the above Mistress ² Agnes³ Dalzill To exhibit in the hands of any one of ther Clerks the above bond Craved to be reduced and Improven quherin if she faillie the saids Lords authorizes ther saids Clerks to give out letters of Captain against her for that effect, and in case she shall depon⁴ upon oath the said bond to be shifted into any other hands ordaines the saids Clerks to give out letters for Charging the persone or persones in whose hands the said bond shall be deponed to be shifted to exhibit the same under the same Certification And if they faillie Ordaines Caption to be direct against them to the effect forsaid, And Declairs that this act is allenarly to the effect that William Couper alledged witnes in the said bond may see his subscriptione and depone upon oath and declare the treuth anent the subscryving and the granting of the said bond without prejudice of the Lady Glennaes right as accords, and Declares that the Lady shall instantly have the bond returned to her oun Custody untill the same be orderly reduced and Improven and Ordaines Letters on six dayes and others needfull to be direct heiron in forme as effeirs.
⁵When the above bill or petition was presented The Earle of Annandale petitioner Removed from the board, and his Lordship being president for the time, The Earle of Southerland was Chosen precess till the petition was read and the act past after quhich the Earl of Anandale took the Chair againe.