Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Tenth Day of November J^aj vi^c nyntie six yeirs

D1696/11/2

D1696/11/2¹

Act

Act Gusgar Against Craigie of Gairsie

Anent the lybell raised befor the Lords of his majesties privie Counsell at the instance of Henry Inshgall indueller in Rowsa ² In Orkney upon a petitione given in to the saids Lords be the said Henry Shewing that the petitioner haveing ane proces depending befor the saids Lords of privie Cownsell Against William Dowglas of Eagleshaw wherin ther was ane Comissione granted to William Craigie of Gairsey Stewart deput of Orknay for takeing the depositiones of such wittnesses as the petitioner named for proveing of his lybell of which Comissione Gairsey accepted and Did take the wittnesses ther depositiones anent the mater Comitted to him But hes never since made any report therof But still keeps up the foirsaid Comissione and Depositiones and will make no Report of the same to the petitioners wnspeakeable Loss and prejudice wherfor the petitioner protested not onlie for all coast Skaith and Damnadge the petitioner might Sustaine through his Delay as said is But also for all expenss he might be at for procureing the said Comissione renwed to him or any other or that he might Sutaine through his said default the extract wherof was produced with the said petitione And therfore humbly craveing our saids Lords would be pleased to ordaine the said William Craigie imediatlie being in towne to exhibite and produce to our saids Lords ther clerks hands the report of the Comissione granted to him togither with the wittnesses ther depositiones The which petitione being considered by the saids Lords of our privie Counsell They ordained thir our Letters to be direct in maner and to the effect therin mentioned And anent the charge given to the said defender to have compeared personally befor our saids Lords of privie Counsell at ane certain day now bygone to have ansuered to the grounds of the above complaint And to have heard and Sein such order and course taken theranent As the saids Lords should think fitt wnder the paine of retributione and putting of him to the horne As in the principall Lybell or Letters of complaint raised in the said mater and excutiones therof at more Length is contained Which lybell being this day called in presence of the saids Lords of his majesties privie Counsell And both pairties compeareing personally The Lybell being read And both pairties atlenth heard The saids Lords of his majesties privie Counsell ordaines the said Sir William Craigie of Gairsey to exhibite and produce in presence of the saids Lords of privie Counsell The report of the above Comissione granted to him with the depositiones of the wittnesses taken upon the said Comissione And assignes the first Counsell day of Febrwarie nixt to come to the defender to produce the said Comissione and depositiones with certificatione