Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh the Fourteinth day of March J^aj vi^c years Post Meridiem

D1700/3/10

D1700/3/10¹

Act

Act The Magistrats of Pearth Against John Neice² in Couper and others

Anent a Petition given in to the Lords of his Majesties privy Councill be Patrick Davidsone present provest of Pearth for himself and in name of the Magistrats of the said burgh Shewing That the saids Lords by their Ordinarie upon the Sixth of this instant haveing appointed the petitioners and Mr John Ogilvie Baillie of the Toun of Couper to Submitt the Muttuall processes depending betwixt them To the Right honorable the Earle of Leven, The Lord Justice Clerk and Mr Francis Montgomry and to examine witnesses in the said matter if they Saw Cause, and therupon finally to determine and deside in the said processes As they should think Just, In obedience and Complyance with the said Ordinance of the saids Lords The petitioners Caused draw up and Subscrybe a Submission and presented and offered the same to the said Mr John Ogilvie to have been subscrybed by him to the effect the same might have been accepted by the saids honorable arbiters as instruments taken therupon and the said subscrybed Submission both therwith produced would testifie, yet the said Mr John Ogilvie from his Naturall Contention and Maline and of Sett purpose to detaine the petitioner and others of the magistrats here, And Likewayes to Multiplie the expences of the Toun of Pearth and to trouble many more of the inhabitatns of that burgh by bringing and detaineing them here needlessly upon pretence of being witnesses doeth Still with more Sauciness then its fitt to express to the saids Lords, Hautily refuse the obedience due to the saids Lords ordinance And Seing the petitioner and the Magistrats are therby heavily prejudged in their privat affairs And a great Loss and prejudice brought and like to be Continued in this burgh And Therfore Humbly Craveing the saids Lords would be pleased either to call both parties and Discharge the process hinc inde or declare the same to be deserted as no wayes Relevant Or otherwayes to proceed as may make the saids Lords Ordinance effectuall And the petitioners free from the restless Malice of the vexatious and Troublesome Baillie of the Town of Couper as the said petition bears; The Lords of his Majesties privy Councill Have Declaired and hereby Declairs The process intented and pursued before their Lordships at the Instance of Henry Hardie James Austine George Wilsone Merchants in Pearth for themselves and in name and behalf of the remanent Merchants and Gildrie of the said burgh with concourse of his Majesties advocat Against John Neill John Henderson and John Cruikshanks indwaller in Couper of Angus and Mr John Ogilvie present baillie of the said burgh, And also the proces of Reconvention intended and depending before their Lordships at the instance of the said Mr John Ogilvie and others against Patrick Davidson provest of Pearth and the Baillies and Severall of the Inhabitants and Gildrie of the said burgh To be Lett fall and no farder to be insisted in by aither partie.