Act, 11 October 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/111

Act

Act The Creditors of Hunters of Muirhouse

Anent a Petition given in to the Lords of their majesties privy Councill be Sir John Hall late provest of Edinburgh, Sir James Oswald of Fingltoune Mr William Aikman master David Forbes Mr David Dunmuir Mr William Calderwood Mr James Lessly and Mr John Mowat advocats, John Hamiltone Robert Sandilands, James Cleilland Thomas Young merchants Mr John Cameron, Master Andrew Urie, Mr William Hamiltone, Mr John Alexander Mr Patrick Trent ministers Mr Thomas Aikman Mr Androw Balfour Mr James Lessly, Nicoll Sumervell Master Androw Handisyde wryters and many others besides widowes and Orphans and the kirk sessione of St Cuthberts all Creditors to the deceast Mr James Hunter of Muirhouse and Alexander Hunter his eldest sone for themselves and in name of the said Mr James and Alexander Hunters their other Creditors Shewing That wher the said deceast Mr James Hunter of Muirhouse haveing Lived in so great Credit to the very last That in sixtein moneths Imediatly preceiding his death, He borrowed upwards of ane hundred thousand punds, and which with the bulk of his other debts, that are pretended to be due and written doune with his oun hand as such amount to upwards of Two hundred and threty Thousand merks, And by which soumes of money So borrowed, and upwards of seventy thousand merks that is notourly knowen he hade of Estate when he entered in mariadge with his first wyfe besides the Ten Thousand punds he got by his eldest sones Mariadge and fiftein thousand merks by the Annuity payable to his second wife, In all upwards of thrie hundreth and fourtie thousand merks It might be rationally supposed that a man so extreamly frugall and accurat in all his bussines as the defunct was, and who in all his life sustained no Considerable Losses by accidents Or otherwayes should have had some fond or estate Suitable to such great borrowings and incomes Nevertheless and to the great surprisall of all men alse weell of his Creditors, The fond of his estate is pretended to amount to no more then about ane hundred thousand punds Scots in value wherthrow and be reasone of a great many Concurring Circumstances the Creditors have Just reasone to suspect that the defuncts means and estate is either industreously Conveyed in defraud of the Creditors or otherwayes Imbazled and supprest In Respect that primo as by the note of debts under the defuncts hands his borrowings this sixtein last 2 moneths amounted to about ane hundred thousand punds So are ther persones that can depone that in august last they saw to their great admiratione the defunct have Shotles in his Cabinet quherof one was full of Guinies and the other full of half guinies besides severall great baggs of money Secundo that his relict was knowen to have Laboured night and day for a moneth or twentie dayes time before the defuncts decease in Conveying of things out of the house by the assistance of her trusties and Confidents and that the said relict has within these severall years bygone at least since she was the defuncts wyfe Lent out Considerable soumes of money in the name of Confidents or trusties or to the behoove of her Cheldrein by the first mariadge Tertio that the persones were seen Carieing out baggs or pocks full of papers out of the defuncts house some nights before he dyed, which must necessarly have been the rights and evidents of his fortune,3 either reall or personall not yet discovered Quarto that the defuncts sone in law and other relationes though not havers of the writtes and evidents of his fortune yet are Justly presumable to know wher such writtes are, or at least that they are able to make some discovery upon oath of the defuncts estate either heritaball or moveaball reall or personall, and seing the matter is of great Importance to the Creditors and that in this case ane sumar alse weell as extraordinary Courses are absolutely neccessary for discovering of such fraudelent practisses as are Justly to be suspect here, And that the delaying of matters till the doune sitting of the sessione may what by the decease of the relict who is ane aged and tenderwoman and by the oppertunity that others may take to withdraw themselves or Carie on the Conveyance somewhat farder Tend to the butter disappointment of the Creditors forever; And Therfore Humbly Craving the saids Lords not only to Grant warrand to any of their Lordships number they thought fitt or to Recomend to the shiref depute of this shirefdome, or to any other of the magistrates of Edinburgh within whose Jurisdiction the defunct or his said eldest sone their wrytes and evidents may be suspected to be, to goe alongst with the petitioners and give inspectione and Inventar therof to them and for that end to make patent and upon all Lock fast doors Chists Coffers Cabinets and others quherin any of the saids wrytes and evidents are suspected to be wherever the same shall be found, But likewayes that their Lordships would be pleased to Grant warrand to cite before any of their Lordships number they thought fitt to appoint, or recomend to the said shireff or Baillies To Cite before them all such persones as the Creditors have therwith given in a list of or afterwards by discovery shall Condescent upon and that forgiveing their oathes upon what the know of the Conveyance or Imbazlment of any part of the defuncts estate or means or of the fond and points that the same Consisted of or of the abstracting of the deficients wrytes or rights of any part of his estate whatsomever or any part of his Compt books, and that upon Such pertinent Interogattors as the petitioners Shall give in and alsoe that they would Recomend to the said shiref depute or baillies to take the wholl Creditors oathes upon the Justnes and veritie of their debts, least by Conveyances4 the benefit of their oathes may be Lost as the petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the Creditors of the deceast Mr James Hunter of Muirhouse and Alexander Hunter his sone They heirby Recomend to Sir James Stewart their Majesties advocat And Gives order and warrand to Mr Archibald Sinclair advocat one of the shiref deputs of Edinburgh or any one of the present magistrats of Edinburgh to cite before them or any one of them all such persones as the saids Creditors presently doe or heirafter shall Condescend upon, and to take the oathes of the saids persones so to be Condescended upon as to what they know of the Contryvance or Imbazlements of any part of the said deceast Mr James Hunter or the said Alexander Hunter his sone their estates or meanes or of the fonds or points which the same Consisted off, or of the abstracting of the said Mr James or his said sone their wrytes evidents or securities of any part of their estates or any part of their Compt books and upon such pertinent interrogators as the petitioners or other Creditors shall give in, and also to take the oathes of the wholl Creditors upon the Justice verity and quantitie of their debts least by Conveyance the benefitt of their oathes may be lost, And incaice It shall appear by the oathes of the saids persones or any of them wher the wrytes evidents or securities of the defunct or his said sone their estate or any part therof or any of them are, or wher their accompt books or any of them are Then and in that caise the saids Lords doe heirby Give Order and Warrand to the said Mr Archibald Sinclair or any one of the saids present magistrats of Edinburgh To goe allongst with and give inspectione to the petitioners Or the other Creditors of the said deceast Mr James Hunter or Alexander Hunters their saids wrytes evidents or securities of their saids estates or Compt books wher ever the samen shall be deponed to be and to make Inventar therof, with power for that end to make open and patent all Lockfast doors Chists Cabinetts Coffers and others quherin any of the saids writtes evidents securities or Compt books are.

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/111

Act

Act The Creditors of Hunters of Muirhouse

Anent a Petition given in to the Lords of their majesties privy Councill be Sir John Hall late provest of Edinburgh, Sir James Oswald of Fingltoune Mr William Aikman master David Forbes Mr David Dunmuir Mr William Calderwood Mr James Lessly and Mr John Mowat advocats, John Hamiltone Robert Sandilands, James Cleilland Thomas Young merchants Mr John Cameron, Master Andrew Urie, Mr William Hamiltone, Mr John Alexander Mr Patrick Trent ministers Mr Thomas Aikman Mr Androw Balfour Mr James Lessly, Nicoll Sumervell Master Androw Handisyde wryters and many others besides widowes and Orphans and the kirk sessione of St Cuthberts all Creditors to the deceast Mr James Hunter of Muirhouse and Alexander Hunter his eldest sone for themselves and in name of the said Mr James and Alexander Hunters their other Creditors Shewing That wher the said deceast Mr James Hunter of Muirhouse haveing Lived in so great Credit to the very last That in sixtein moneths Imediatly preceiding his death, He borrowed upwards of ane hundred thousand punds, and which with the bulk of his other debts, that are pretended to be due and written doune with his oun hand as such amount to upwards of Two hundred and threty Thousand merks, And by which soumes of money So borrowed, and upwards of seventy thousand merks that is notourly knowen he hade of Estate when he entered in mariadge with his first wyfe besides the Ten Thousand punds he got by his eldest sones Mariadge and fiftein thousand merks by the Annuity payable to his second wife, In all upwards of thrie hundreth and fourtie thousand merks It might be rationally supposed that a man so extreamly frugall and accurat in all his bussines as the defunct was, and who in all his life sustained no Considerable Losses by accidents Or otherwayes should have had some fond or estate Suitable to such great borrowings and incomes Nevertheless and to the great surprisall of all men alse weell of his Creditors, The fond of his estate is pretended to amount to no more then about ane hundred thousand punds Scots in value wherthrow and be reasone of a great many Concurring Circumstances the Creditors have Just reasone to suspect that the defuncts means and estate is either industreously Conveyed in defraud of the Creditors or otherwayes Imbazled and supprest In Respect that primo as by the note of debts under the defuncts hands his borrowings this sixtein last 2 moneths amounted to about ane hundred thousand punds So are ther persones that can depone that in august last they saw to their great admiratione the defunct have Shotles in his Cabinet quherof one was full of Guinies and the other full of half guinies besides severall great baggs of money Secundo that his relict was knowen to have Laboured night and day for a moneth or twentie dayes time before the defuncts decease in Conveying of things out of the house by the assistance of her trusties and Confidents and that the said relict has within these severall years bygone at least since she was the defuncts wyfe Lent out Considerable soumes of money in the name of Confidents or trusties or to the behoove of her Cheldrein by the first mariadge Tertio that the persones were seen Carieing out baggs or pocks full of papers out of the defuncts house some nights before he dyed, which must necessarly have been the rights and evidents of his fortune,3 either reall or personall not yet discovered Quarto that the defuncts sone in law and other relationes though not havers of the writtes and evidents of his fortune yet are Justly presumable to know wher such writtes are, or at least that they are able to make some discovery upon oath of the defuncts estate either heritaball or moveaball reall or personall, and seing the matter is of great Importance to the Creditors and that in this case ane sumar alse weell as extraordinary Courses are absolutely neccessary for discovering of such fraudelent practisses as are Justly to be suspect here, And that the delaying of matters till the doune sitting of the sessione may what by the decease of the relict who is ane aged and tenderwoman and by the oppertunity that others may take to withdraw themselves or Carie on the Conveyance somewhat farder Tend to the butter disappointment of the Creditors forever; And Therfore Humbly Craving the saids Lords not only to Grant warrand to any of their Lordships number they thought fitt or to Recomend to the shiref depute of this shirefdome, or to any other of the magistrates of Edinburgh within whose Jurisdiction the defunct or his said eldest sone their wrytes and evidents may be suspected to be, to goe alongst with the petitioners and give inspectione and Inventar therof to them and for that end to make patent and upon all Lock fast doors Chists Coffers Cabinets and others quherin any of the saids wrytes and evidents are suspected to be wherever the same shall be found, But likewayes that their Lordships would be pleased to Grant warrand to cite before any of their Lordships number they thought fitt to appoint, or recomend to the said shireff or Baillies To Cite before them all such persones as the Creditors have therwith given in a list of or afterwards by discovery shall Condescent upon and that forgiveing their oathes upon what the know of the Conveyance or Imbazlment of any part of the defuncts estate or means or of the fond and points that the same Consisted of or of the abstracting of the deficients wrytes or rights of any part of his estate whatsomever or any part of his Compt books, and that upon Such pertinent Interogattors as the petitioners Shall give in and alsoe that they would Recomend to the said shiref depute or baillies to take the wholl Creditors oathes upon the Justnes and veritie of their debts, least by Conveyances4 the benefit of their oathes may be Lost as the petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the Creditors of the deceast Mr James Hunter of Muirhouse and Alexander Hunter his sone They heirby Recomend to Sir James Stewart their Majesties advocat And Gives order and warrand to Mr Archibald Sinclair advocat one of the shiref deputs of Edinburgh or any one of the present magistrats of Edinburgh to cite before them or any one of them all such persones as the saids Creditors presently doe or heirafter shall Condescend upon, and to take the oathes of the saids persones so to be Condescended upon as to what they know of the Contryvance or Imbazlements of any part of the said deceast Mr James Hunter or the said Alexander Hunter his sone their estates or meanes or of the fonds or points which the same Consisted off, or of the abstracting of the said Mr James or his said sone their wrytes evidents or securities of any part of their estates or any part of their Compt books and upon such pertinent interrogators as the petitioners or other Creditors shall give in, and also to take the oathes of the wholl Creditors upon the Justice verity and quantitie of their debts least by Conveyance the benefitt of their oathes may be lost, And incaice It shall appear by the oathes of the saids persones or any of them wher the wrytes evidents or securities of the defunct or his said sone their estate or any part therof or any of them are, or wher their accompt books or any of them are Then and in that caise the saids Lords doe heirby Give Order and Warrand to the said Mr Archibald Sinclair or any one of the saids present magistrats of Edinburgh To goe allongst with and give inspectione to the petitioners Or the other Creditors of the said deceast Mr James Hunter or Alexander Hunters their saids wrytes evidents or securities of their saids estates or Compt books wher ever the samen shall be deponed to be and to make Inventar therof, with power for that end to make open and patent all Lockfast doors Chists Cabinetts Coffers and others quherin any of the saids writtes evidents securities or Compt books are.

1. NRS, PC2/25, 69v-72r.

2. The word ‘week’ scored out here.

3. The words ‘yet are Justlie presumable to know wher such wrytes are or at least’ scored out here.

4. The letters ‘ances’ are an insertion.

1. NRS, PC2/25, 69v-72r.

2. The word ‘week’ scored out here.

3. The words ‘yet are Justlie presumable to know wher such wrytes are or at least’ scored out here.

4. The letters ‘ances’ are an insertion.