Act, 15 September 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the Fyftein day of September Jaj vjc nyntie two years

D1692/9/111

Act

Act Dumbeath and his brothers2

Anent a Petition given in to the Lords of their majesties privy Councill be John Sinclar of Dumbaith William James and David Sinclares his brothers for themselves and in name and behalf of the heritors within the shyre of Caithness Shewing That John Earle of Brodalbine haveing upon the fiftie day of Jully last given in a petitione to the saids Lords Representing that the books of the valuatione and Collectors books of the excuse and supplie within the shyre of Caithnes being in the Custody and possession of William Sinclair of Dumbaith, The saids books might now after his decease happen to be miscaried And Therfore Craveing that the saids books might be Delivered to William Dumbar of Hemprig shirref Depute of Caithnes, or to William Campbell shireff Clerk therof, And upon the said petitione did obtaine a Sumar deliverance Ordaineing Dumbaith and his brothers to exhibit and deliver the saids books upon oath to them, And to depone anent the haveing therof In presence of Mr Androw Monro minister at Thurso And ordaineing them to be sumarly charged with horning for that effect on six dayes, And accordingly William Sinclar on of the petitioners being heir at Edinburgh Is Charged with horning for that effect It was humbly Represented to the Saids Lords That it is very extraordinarie, That a Decreet of exhibition should be summarly pronunced against any persone, or that he should be so sumarly charged therupon without hearing Or So much as a previous citation given in to them for that effect upon the assertion of any persone without any Document or Instruction quhatsomever for instructing and verifieing the contents of that petition, And it cannot be pretended that ther was so much as any instructione produced for instructing the contents of the petitione given in be the Earle of Brodalbine Secundo Dumbeath and his bretheren against whom the saids letters of horning are sumarly directed in caice they war legally cited (as they ought to have been) They or most part of them would deny the haveing of any such books Tertio These books being the publict Securitie and concernment of all the heritors within the Shyre, The said heritors in all tyme by past Did meet and unanimously elect one of their oun number to have the trust and keeping of these books; And accordingly these books have been keeped by such as the heritors did appoint only past all memorie, Neither would ever the heritors consent that the shireff depute and his Clerk should have the trust of keeping these books Quarto albeit the forsaid petitione was presented by Broadalbine in name of the heritors of the shyre, yet ther was nothing produced to instruct that any of the heritors did concurr to the said petition or consent therto Bot on the contrair the most part of the heritors Doe reclame their against And Therfore humbly Craveing the saids Lords to Consider the premisses and to Recomend to the heritors of the said shyre to meet and Choise one of their oun number, To have the trust and Custody of these books with power to them to take the oathes and depositiones of the petitioners Dumbeath and his bretheren anent their haveing of the saids books, or any relateing therto in their possessione And in the mean tyme to recall the former Deliverance on the Earle of Brodalbanes petitione at least to stopt and Discharge any farder executione to be used therupon As the said petition bears The Lords of their majesties privy Councill given in to them be John Sinclair of Dumbeath and his brethren They heirby Ordaine William Dumbar of Hemprigs shireff depute of Caithnes, To Conveen the Comissioners of excyss and supplie of the said shyre wherof the shireff depute is one, And to call before them the petitioners and take their oathes anent the haveing of the above books of valuatione and supplie, And ordaines the petitioners to exhibit and deliver in to the saids Commissioners such of these books as they shall acknowledge the haveing off And Remitts to the saids Commisioners to dispose of the saids books as they shall acknowledge the haveing off And Remitts to the saids Commissioners to dispose of the saids books and put them in the hands of any persone whom they of comon consent shall think fitt To be keeped by the said person and made furthcomeing for the publict use, And in the mean tyme Discharges all farder execution against the petitioners upon the act of Councill and letters of horning abovementioned, The Commissioners of Supplie allwayes qualifieing themselves according to law, before they act in this matter, And Declares the pluralitie of the Commissioners that shall meet to be a suficient quorum for this affair.

Edinburgh the Fyftein day of September Jaj vjc nyntie two years

D1692/9/111

Act

Act Dumbeath and his brothers2

Anent a Petition given in to the Lords of their majesties privy Councill be John Sinclar of Dumbaith William James and David Sinclares his brothers for themselves and in name and behalf of the heritors within the shyre of Caithness Shewing That John Earle of Brodalbine haveing upon the fiftie day of Jully last given in a petitione to the saids Lords Representing that the books of the valuatione and Collectors books of the excuse and supplie within the shyre of Caithnes being in the Custody and possession of William Sinclair of Dumbaith, The saids books might now after his decease happen to be miscaried And Therfore Craveing that the saids books might be Delivered to William Dumbar of Hemprig shirref Depute of Caithnes, or to William Campbell shireff Clerk therof, And upon the said petitione did obtaine a Sumar deliverance Ordaineing Dumbaith and his brothers to exhibit and deliver the saids books upon oath to them, And to depone anent the haveing therof In presence of Mr Androw Monro minister at Thurso And ordaineing them to be sumarly charged with horning for that effect on six dayes, And accordingly William Sinclar on of the petitioners being heir at Edinburgh Is Charged with horning for that effect It was humbly Represented to the Saids Lords That it is very extraordinarie, That a Decreet of exhibition should be summarly pronunced against any persone, or that he should be so sumarly charged therupon without hearing Or So much as a previous citation given in to them for that effect upon the assertion of any persone without any Document or Instruction quhatsomever for instructing and verifieing the contents of that petition, And it cannot be pretended that ther was so much as any instructione produced for instructing the contents of the petitione given in be the Earle of Brodalbine Secundo Dumbeath and his bretheren against whom the saids letters of horning are sumarly directed in caice they war legally cited (as they ought to have been) They or most part of them would deny the haveing of any such books Tertio These books being the publict Securitie and concernment of all the heritors within the Shyre, The said heritors in all tyme by past Did meet and unanimously elect one of their oun number to have the trust and keeping of these books; And accordingly these books have been keeped by such as the heritors did appoint only past all memorie, Neither would ever the heritors consent that the shireff depute and his Clerk should have the trust of keeping these books Quarto albeit the forsaid petitione was presented by Broadalbine in name of the heritors of the shyre, yet ther was nothing produced to instruct that any of the heritors did concurr to the said petition or consent therto Bot on the contrair the most part of the heritors Doe reclame their against And Therfore humbly Craveing the saids Lords to Consider the premisses and to Recomend to the heritors of the said shyre to meet and Choise one of their oun number, To have the trust and Custody of these books with power to them to take the oathes and depositiones of the petitioners Dumbeath and his bretheren anent their haveing of the saids books, or any relateing therto in their possessione And in the mean tyme to recall the former Deliverance on the Earle of Brodalbanes petitione at least to stopt and Discharge any farder executione to be used therupon As the said petition bears The Lords of their majesties privy Councill given in to them be John Sinclair of Dumbeath and his brethren They heirby Ordaine William Dumbar of Hemprigs shireff depute of Caithnes, To Conveen the Comissioners of excyss and supplie of the said shyre wherof the shireff depute is one, And to call before them the petitioners and take their oathes anent the haveing of the above books of valuatione and supplie, And ordaines the petitioners to exhibit and deliver in to the saids Commissioners such of these books as they shall acknowledge the haveing off And Remitts to the saids Commisioners to dispose of the saids books as they shall acknowledge the haveing off And Remitts to the saids Commissioners to dispose of the saids books and put them in the hands of any persone whom they of comon consent shall think fitt To be keeped by the said person and made furthcomeing for the publict use, And in the mean tyme Discharges all farder execution against the petitioners upon the act of Councill and letters of horning abovementioned, The Commissioners of Supplie allwayes qualifieing themselves according to law, before they act in this matter, And Declares the pluralitie of the Commissioners that shall meet to be a suficient quorum for this affair.

1. NRS, PC2/24, 121r-122r.

2. The words ‘and sisters’ scored out here.

1. NRS, PC2/24, 121r-122r.

2. The words ‘and sisters’ scored out here.