Decreet, 29 December 1698, Edinburgh

Att Edinburgh the sixtein day of Jwny J^aj vi^c nyntie eight years

D1698/6/12

D1698/6/12¹

Act

Act Stopping decreit and protestatione Lias against Irvine

Anent the petitione given in to The Lords of his majesties privie Counsell be Mr Robert Irvine of Brwckley Shewing That wher The petitioners being Summoned in Febrwary Last most callumniowsly and wnjustly at the instance of John Lees Sometymes in Cwshlachy befor ther Lordships for ane alleadged ryot upon which citatione the petitioner haveing come to Edinburgh and attended for more then twentie dayes untill the Counsell was adjurned yet Dureing all the said tyme the said John wowld not allow the petitioner to be Soe much as called But obleidged to returne without soe much as any motione therof (knowing perfitely well that he would Sucumb in his alleadgeances and therupon be pwnished as ane callummator) ever Since which tyme he hath not Stirred in the Least in the said mater untill twesday Last at which tyme he procured ane calling and although the petitioners advocats had attended for many dayes befor yet it was the petitioners misfortoune that the tyme of the said calling they were gone doune to the closs and the macers not haveing called over the window or they not haveing heard Maister Lees himself Craved the Letters might be found orderly proceeded which in all humilitie the petitioner Judges ther Lordships would not have granted if aither the petitioner or his advocats had bein present at the barr Since primo Mr Lees charge being Suspended upon Severall most important reasones the Same would have bein first discussed and if ther Lordships had found ground for it assigned them both ane day to prove ther mwtwall lybells or assoillzed Secundo The petitioner repeats his reasones of Suspensione viz by the twentie fifth Sixtein parliament King James the Sixth It is expressly ordered that no citatione shall be on Letters befor ther Lordships against any Living be north Dee upon feuer then fiftein dayes otherwayes the Same to be null And so the petitioner Subsumes and craves the benifite of the said act of parliament He Living many mylles benorth Dee and being cited upon many fewer dayes nor fiftein Tertio this cause haveing bein formerly discust by the Shirreff of Aberdeen and the petitioner assoillzied he cannot be againe Legallie conveened the affair being hactenus Judicata for the same wittnesses that were cited by Mr Lees were examined befor the Shirreff and he was ther fynded for injuries done the petitioner And therfor humbly craveing ther Lordships would hear the petitioner first on the reasones of Suspensione which he Shall instantly verifie or if ther Lordships inclyne to take furder cognitione in the said affair to appoint ane Dyet at which tyme ther Lordships will obleidge him to insist and they may come prepared with ther witnesses to the end the petitioner may not be obleidged to ane constant and wncertaine attendance As the said petitione bears Which being this day read and considered be the saids Lords of his majesties privie Counsell They heirby Stopps extracting of the decreit finding the Letters orderly proceeded at the instance of John Lias against the petitioner and also the protestatione for not insisting the said John Lias against the said Mr Robert Irvine Both pronunced by ther Lordships upon the fourtein day of Jwny instant untill the twentie one day of the said moneth inclusive and if they doe not insist betuixt and that day ordaines these extracts to be given owt