Warrant, 21 December 1699, Edinburgh

Att Edinburgh the Fourtein day of December J^aj vi^c Nyntie Nyne years

D1699/12/6

D1699/12/6¹

Act

Act […] Setton relict of Lewis Viscount of Frendraught

Anent the Petition given in to the Lords of his majesties privy Councill be Marjory Setton relict of Lodovick Sometime Viscount of Frendraught and Captain Thomas Setton her brother Shewing That wher the petitioners haveing Conveened Christian Viscountess of Frendraught and James Spence her Servant and George Chrichtone of Auchingoull and his Sones and Severall others before the saids Lords for their violent unlawfull and unwarrantable incraochments against the petitioners and dispossessing the petitioners of their house and fair of Frendraught wherin ther is probatione adduced against the said James Spence And the Viscountess anent the Fair; Which upon the adviseing It was hoped the saids Lords would Find Sufficiently prove the petitioners Lybell against the said James Spence and her Bot as to young Auchingoull and the rest of his accomplices they are denunced for not Compearance So the Saids Lords thought not fitt to adduce the petitioners probatione against them And as to the threatenings expressed by old Auchingoull the witnesses cited for proveing therof have not Compeared And Seing the petitioners hade been at great expensses in raiseing the process Bringing over ten or Twelve witnesses besides the petitioners great Losses and damnadges the petitioners have Sustained throw the forsaid Ryot Committed by the defenders; And that young Auchingowll And his accomplices doe Continue ther unwarrantable possession of the said house of Frendraught and the saids Lords Decreet against them will not be effectuall unless ther be a recomendation to the Shirriff of Aberdeen or Some parte of his majesties forces to dispossess these oppressors and See the saids Lords Decreet put to due executione And Therfore Craveing the saids Lords would be pleased to grant Warrant by Captione against the witnesses cited and not Compearing And in the nixt place to Decerne, Young Auchingowll and the rest of the defenders not Compearing in the Soume the petitioner, Claimes in their Lybell for their damnadges And Ordaine the petitioners to be put in possession of the said house and four of Frendraught and modifie Large expensses to be payed by Christian Viscountess of Frendraught for her unwarrantable dispossessing the petitioners from the said Fair And to Grant warrand to the Shirriff of the Shyre with some of his majesties forces nearest that place to see the saids Lords Sentance and decreet put to effectuall executione against these Lawless oppressors without which the petitioners Cannot be redressed as the petitione bears, The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Marjory Setton and Captain Setton her brother The saids Lords Doe hereby Grant farder dilligence by Caption at the instance of the petitioners viz James Rait Servitor to George Chrichton of Auchingowll Issobell Fleyming servitrix to Stewart of Lessmordie Margaret Shaw Bessie Chrystie and John Mowat all Servants to the said George Chrichtoune of Auchingoull and Alexander Lesslie of Overtulloch who being all Called Compeared not, And appoints the said farder dilligence by Caption to be execute betwixt and the […] day of […] And Refuses the other desyres of the said petition.