Judicial Proceeding, 10 December 1700, Edinburgh

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

D1700/3/13

D1700/3/13¹

Act

Act Duncan Robertson sone to Strowan

Anent a Petition given in to the Lords of his Majesties privy Councill be Duncan Robertsone sone to the deceast Laird of Strowan Shewing That the petitioner haveing the Missfortune as to fall out of the petitioners mothers favor occasioned by the Malicious advice of some who bear no good will to their family, She has been instigate to raise a Councill process against the petitioner upon very triviall matters And at the same time ther was raised against the petitioner a Laborrowes before the Lords of Session and the petitioners being charged upon both came here to Edinburgh the Last week to answer the Councill Lybell, And find Cautione of the Laborawes And haveing never a thought that the petitioners mother would have taken out a Caption of Laborowes against the petitioner, who was in oppen Street attacked with a Caption at her instance and put in the Tolbooth of Edinburgh Notwithstanding that the petitioner offered to Suspend the Laborrows instantly upon Sufficient Cautione And She finding that it was easie for the petitioner to doe the Same she takes out a Councill Laborowes and therupon charges the petitioner in prison and when he was offering Sufficient Cautione to the Clerk of Councill in order to his getting Suspensione and Charge to sett at Libertie She gives in a petition to the saids Lords representing that she hade a Councill proces depending against the petitioner, That if he were sett at Liberty he would not answer the proces bot absent himself; And therfore Craveing that the petitioner Should remaine in prison Notwithstanding of any Cautione offered Untill the petitioner Should also find Cautione to answer before the saids Lords to her lybell, Upon which petitione The saids Lords delyverance bears That the petitioner should see and answer the said petition against this day and in the mean time should remaine in prison untill bill and answers were advised As to which the petitioner must in the first place begg leave to represent to the saids Lords that the petitioner hade been very harshly dealt with by the the² petitioners mother in this matter for the petitioner came purposely to Edinburgh to have Subjected himself to her And to have gott the medication of freinds for takeing away any difference amongst us, And the severalls spock to her They found her not to be intreated, Nixt the demand of her petition is most unreasonable for seing the petitioner was ready to find Cautione in the Laborrowes the petitioner ought therupon to be sett at Liberty in Comon forme, In not being any wayes usuall before the saids Lords for persones cited upon Councill Lybells to find Cautione to answer to them, And Seing that the petitioner came purposely here to answer and that the petitioner is ready to Doe the same It was not doubted bot the saids Lords would ordaine the petitioner to be sett at Liberty upon the petitioners finding Caution, That so the petitioner might be in the usuall Circumstances of all defendents before the saids Lords who were not Conveened for publict Crymes Ther being nothing in this matter betwixt the petitioners mother and him bot a private grudge as the petition bears, The Lords of his majesties privy Councill Haveing Considered the above petition given in to them be the above Duncan Robertsone They doe hereby give order and warrant to the above Duncan […] and keeper of their Tolbooth To sett the petitioner at Liberty furth therof Inso farr as he is prisoner therin by order of Councill The said petitioner allwayes first before his said aberation procureing suspension relaxatione and Charge to put at Liberty against the Councill Laborrowes raised at the petitioners mothers instance against him.