Act, 29 December 1692, Edinburgh

Edinburgh the fourteinth day of June J^aj vj^c nyntie two years

D1692/6/8

D1692/6/8¹

Act

Act and Commission: Sir James Ramsay Against The Earl of Seaforth

Anent a Petitione given in to the Lords of their majesties privy Councill be Sir James Ramsay of Logie Shewing That wherupon a Complaint formerly given in by the petitioner to the saids Lords against the Earle of Seaforth for ane annuitie of ane Thousand merks which he promised the petitioner for his yearly aliement, and moved the Earle of Marr by writing to him for that effect to grant bond for it And which bond at his oun desyre was given to him upon his undertakeing to cause the Chamberland of the Leiwes make payment therof Bot was keeped up and never returned by his Lordship, Wherby the petitioner was then and has been ever since frustrat of the said aliment and was constrained to referr the veritie of the premisses to his Lordships Oath Wherin he haveing sworn very straingly and quyt inconsistantly with what had been deponed in the said matter by the Viscount of Tarbatt and John Kirrie of Gogar, The petitioner applyed to the saids Lords to have him reexamined, And the saids Lords Did therupon by their deliverance the twentie sixt of August last Ordaine that the petitioner should give in his interogators to the Clerks of Councill and in the mean tyme allowed the petitioner letters of Dilligence against the said John Keirrie and other persones to be Condescended on by the petitioner for exhibiting the said bond and letters before the saids Lords upon the first day of October last by past, Which is long since elapsed And Seing it is notourly knowen what kyndnes the petitioner shewed to the Earles of Seaforth and how that they are owing to the petitioner now upwards of seventy Thousand merks which is all the means and estate left him, So that by this Earles hard and unjust dealling both in declyneing to represent though he notourly possesses his fathers and Grandfathers estate and endeavoring to frustrat and make void the forsaid annuitie and aliment Consented to, by himself, The petitioner and his wyfe are now in their extream old age, and after haveing Lived with some good reputation both abroad and at home reduced to great want and misery And such as the said Lords and all men acquanted with the petitioners caice Could not bot Compassionat, And the forsaid dyet and dilligence being elapsed as said is meerly throw his inability to presente the same and Therfore Humbly Suplicating to the effect aftermentioned as the said Petitione bears The Lords of their majesties privy Councill Haveing Considered this petitione given in to them be the above Sir James Ramsay with the former petition given in be him and deliverance theron abovementioned They heirby Ordaine the petitioner yett to give in to the Clerks of Councill the interrogators quherupon he Craves the Earle of Seaforth to be re-examined And allowes letters of Dilligence to be direct at the petitioners instance against the Viscount of Tarbat John Keirie of Gogar and Such other persones as the petitioner shall Condescend upon, who aither had, or have, or at least have seen the above bond, and letters for Citeing them to Compeir in presence of the saids Lords upon the sixteinth day of August nixt to come to be Confronted with the Earle when he shall depone, and to give and Declair ther oathes of veritie anent the haveing or seing of the said bond or letters, And to produce such of them as they shall acknowledge the haveing of, With certificatione to them if they failzie letters of Caption shall be direct furth against them for apprehending their persones to the effect forsaid allenarly And the saids Lords Grants full power and Commissione To […] Ross of Balnagowan to take and receive the oath and deposition of […] Countes of Seaforth the Earles mother anent the haveing or seing the said bond and letters, at Channery the twentieth day of Jully nixt to come, and Ordaines the Countes to produce to the said […] Ross of Balnagowan as she shall acknowledge the haveing off, to be transmitted to the saids Lords of Privy Councill, And assignes the said sixteinth day of August nixt to come to the petitioner for Reporting this Commission with Certification to the Countes if she faillie to Compeir, and depone and produce as said is letters of Caption shall be direct furth for apprehending her persone to the effect forsaid allenarly.