Warrant, 21 December 1699, Edinburgh

Edinburgh The Fourteinth day of February J^aj vi^c Nyntie Nyne

D1699/2/9

D1699/2/9¹

Act

Act Forbes of Foveraigne against Brown

Anent the petition given in to the Lord of his Majesties privy Councill be Samuell Forbes of Foveraigne, Shewing That wher the saids Lords hade once Suspended the letters Simpliciter as to the four hundred merks Condescended on to have been in Browns Chist, and that most Justly It being a part of the fang found with him upon the discoverie in the search made at his own Importimity, yet upon a new bill given in by Brown the saids Lords Have Found the Letters orderly proceeded as to the said Four Hundred merks upon no other ground, Bot that Brown alledged that that money was his own fathers And the petitioner haveing hitherto foreborn to trouble the saids Lords by speaking to their Lordships in so minute and sordid a matter Confiding allwayes in the petitioners Innocency and the saids Lords Justice and Continueing the petitioners purpose as yet, not to trouble the saids Lords with any particular application Bot Considering that it is the intrest and safety of all masters that the honor and reverence due to a masters name be not So much trampled upon by the insolency and villainy of a Servant, and especially of Such a servant allready Condeimned by the saids Lords for most abominable falsehoods Did Therfore humbly represent to the saids Lords this Last reason as it was hoped would make it evident that the Letters ought to be suspended Simpliciter or at least Caution farder found then by the late interloquitor is yet appointed And primo no Stress could be Laid upon Such words uttured by Brown as to the four hundred merks being his fathers It being a Comon and true proverb, That he who will Steall will Likewayes Lye. And Suppose it were Credible that the money had been Browns fathers as it was incredible, since it was notour in all that Countrey, That the man hade never So much Spare money in his life, Yet Brown Saying so, Is no probation that it was So; And therfore needs some other Testimony then his oun words Secundo It was offered to be² made appear by Craigies deposition that these words of Brown are really false, Because his father was Still in such Condition That he Rather to get from them was able to gett from his sone, Tertio Craigies deposition does clear that Brown himself Confest a part of the money to have been the petitioners, and farder that in the end he confessed all to be the petitioners By these words; Take all and keep all for all is yours only give me a discharge. Quarto Suppose that some Stress were to be Laid even upon Brownds words, yet the petitioner ought to have Compensation upon a Liquid debt of Six hundred merks most Justly Decerned against him by the saids Lords For it were very hard to ordaine the petitioner to give to Brown what he had not proven to be due to him, Bot by his oun words And not to allow the petitioner Compensation of a liquid debt most Justly Decerned by the saids Lords as said is Quinto Broun haveing Confessed before the saids Lords that ther was a proces for thift, depending against him before the Shirreff depute of Aberdeen alse weell as ane Compt and reckoning It seems hard that the petitioner Should be decerned to restore the Fang and Imbazled goods to the theif and Imbazler before the event of the said proces It being humbly Supposed that at Least the theif and Imbazler ought to be appointed to find Caution to appear and answer in the said proces of theift, and to pay damnadges and to clear his accompts, and to pay what damnadge shall be decerned against him as weell as to restore the four hundred merks For otherwayes the petitioner might come to be a Loser in more then four thousand merks Considering the falsenes of his accompts and greatnes of his Imbazlments wherof the discovery was only a Scratch It being more then Credible and already talked that if he get the four hundred merks in his hands he will flee the Countrey and goe amongst other people wher he may more Conveniently re act his former villanies And farder It being Impossible for the petitioner (now necessarly at the place) to deliver up a Chist to Brown at Foverain Which Chist the petitioner never Seazed and wherof the petitioner never handled the key which he has to this day keeped and only treacherously left the Chist at the petitioners house And Therfore Humbly Craveing the saids Lords would be pleased to Suspend the Letters Simpliciter esto the four hundred merks, and by reasone of the falshoods proven already against Brown and the saids Lords most Just decreet therupon, To appoint him to find Caution to answer to the said proces of theift Which the Shirreff hath hitherto neglected to Cause him doe, and Likewayes to appoint him to find Caution to pay damnadges and the balance of accompts of the six hundred merks Decerned by the saids Lords oun decreet, as also to declare that the petitioners giveing ane wryten order to the petitioners servants at Foveraine to allow Brown Access to the petitioners house and to take out his Chist which he so treacherously left ther shall be sufficient and due obedience given by the petitioner to the saids Lords interloquitor as to that point It being all that is possible for the petitioner to doe at this distance the petitioner being so necessary here at the time The Lords of his Majesties privy Councill haveing Considered this petition given in to them be Samuell Forbes of Foveraigne and petitione be way answer made be James Brown Sone to Patrick Brown in Ithsie to the Samen They hereby adhere to their former interloquitor pronounced by them upon the fifth day of July last by past, And Ordaines the Clerks of Councill to give to the said James Brown ane extract of the forsaid interloquitor with this alteratione or additione That the Said James Brown Shall have free access to his Chist in the said Lord of Foveraigne his house and to transport the same to what other place he pleases and to dispose therupon and upon what is therin at his pleasure Which is to be full and due obedience to that point of the former interloquitor.