Act, 29 December 1692, Edinburgh

Edinburgh The Eleventh day of October J^aj vj^c Nyntie two years

D1692/10/4

D1692/10/4¹

Act

Act Sir James Ramsay Against The Earl of Seaforth

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir James Ramsay of Logie Shewing That wer the deceast Earle of Seaforth was debitor to the petitioner in above the Soume of Seventie Thousand merks, Which is the wholl fortune remaining to the petitioner for his livelyhood and subsistance, And was so farr acknowledged by the present Earle of Seaforth (who by trusts and Conveyances injoyes his fathers wholl estate albeit he wrongeously refuses to represent him) That he dealt with the Earle of Marr his tacksman of the Lewes to give for Sir James a thousand merks yearly for his necessary aliement and he with the Viscount of Tarbat and the deceast Sir George Mckenzie of Rosshaugh wrott letters to the Earle of Marr to grant bond for that effect as appears by the despositiones of the said Viscount of Tarbatt and John Kerrie of Gogar taken before the parliament J^aj vj^c nyntie therwith produced In the Confidence wherof And Because It was a thing certaine and almost Nottour that the Earle of Marr granted ther forsaid bond for which he should have hade ane prorogatione of his tack, And that the petitioner intrusted the Earle of Seaforth with the same to Cause the Chamberland William Couper enter in payment, And that he gave a letter to the Chamberland for that effect, The petitioner applyed to the saids Lords in the year J^aj vj^c nyntie one Because the parliament did not determine in the said matter, And referred the wholl to the Earle of Seaforths oath, not Imadgining that he could deny the same, yet nevertheless he did flattly deny everie point of the petitioners interrogattors not only contrary to the treuth, Bot contrary to the forsaid depositiones of the Viscount of Tarbett and Keirrie of Goggar, off which the saids Lords ware So convinced, That they gave the petitioner a new dilligence against the Countes of Marr and the Countes of Seaforth and others for recovering of the said bond and letters Lykas the petitioner hade ever since to his great charges and vexatione been prosecuteing the same, And for that effect took out a Commission to take the Countes of Seaforth her Oath in the north, And sent his wife tho very aged and infirme to see the same execute Bot she being litle skillfull in these matters was abussed by Balnagowan the persone Commissionat by the saids Lords, who instead of doeing his part gave a Deputation to one Heugh Dallas his Clerk which he hade no power to doe, Wherupon Dallas and the Countes did Collide, Dallas refuseing to execute the Commission, And the Countes offeiring to swear when she saw, ² Ther was non to take her oaths Wherby all his wyfes great paines was frustrat as the report and instrument Lying before the saids Lords would testifie Lykeas albeit upon his Said dilligence he hade againe sumoned the Countes of Marr The Viscount of Tarbat Mr Rodick Mckenzie of Prestonhall the said Keirie of Goggar and the Ladie Rosshaugh to appear before their Lordships this day, yet he was hopeless to obtaine any greater Discovery then he hade allready got By all which the saids Lords might perceive how Sadly the petitioner is vexed and Disappointed and therby in effect now in his old dayes and after haveing Lived honorably both at home and abroad reduced to the greatest extreamities And now seing that the forsaid Depositiones before the parliament ³ wes⁴ therwith produced and that the abuse put upon him in the said wholl matter Is notour And that the Earle of Seaforth is againe their Majesties prisoner and ordered to be processed for Treason wherby his rents in the mean tyme might Justly by Sequestrated And Therfore Humbly Craveing the said Lords in Consideratione of the haill premisses would appoint him a Competent aliment out of the Earle of Seaforths rents offeiring to the said soume of debt due to the petitioner and his great necessitie And as the saids Lords are often in use to doe in such favorable and extraordinary caises It being certaine and visible That unles the saids Lords assist him in this matter, He and his poor wyfe might starve in their old dayes for want of their oun when in the mean tyme the same is possest by the said Earle of Seaforth who lives opulently therupon in defraud of the petitioners and his fathers other Just Creditors as the forsaid petitione bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Sir James Ramsay with the writts mentioned therin and produced therwith, Togither with ane instrument under the hand of William Riddell nottar of the date the fourteinth day of september last appointing the Earle of Seaforth to answer his Petition James Lauder merchant in Edinburgh as procurator for the petitioner Did upon the nynteinth day of the forsaid moneth and year deliver to the Earle a Coppie of this petition, And Requyred him to give answers therto, to the Councill at their meetting this day The saids Lords In Respect the Earle has failled to give in answers to the petitione Have Modified and heirby Modifies the soume of Thrie Thousand merks to be payed to the petitioner out of the first and readiest of the said Earle his fortune and estate or any part therof without Distinctione and Ordaines the said Earle and his factor and Chamberlands and tennents to make payment of the same, And Ordaines letters of horning to be direct at the instance of the petitioner against the said Earle and his said factors or Chamberland or tennants to be Condescended upon in the horning for payment of the said Soume accordingly upon ane Charge of fiftein dayes and other executions to be direct heiron in forme as effeirs.