Warrant, 31 December 1695, Edinburgh

Att Edinburgh the Seventyne day of December J^aj vi^c nyntie five yeirs

D1695/12/35

D1695/12/35¹

Act

Act Anent the writes of Wamphray

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr George Dicksone of Bowghtrig Shewing That wher the Deceast William Johnstowne of Wamphray clameing interest in Severall Debts Due by the Deceast John Johnstowne of Wamphray father to Jennet Johnstowne now Lady Wamphray his only daughter and air with certaine blank assignationes therto and the said Lady alleadgeing the said debts were payed by her father and her own meanes And that therfor the assignationes therto can only import and have the effect of Dischargers The said papers were depositat by mutuall consent in the hands of the petitioner to the pairties should aither agrie or that it Should be Decyded by Law to whom the said writts belonged As the said Subscribed termes of positatione lying in the Lords of privie counsells clerks hands bears Notwithstanding wherof because the petitioner would not contrair to the trust reposed in him give up the saids papers to the said William Johnstowne he was influenced by Some who had more regard to ther own then to his well to give in a bill to the saids Lords of privie Councell upon most false and callummous pretences craveing the saids wrytes and any other writes pertaining to him in the petitioners custodie might be putt in the hands of the clerks Wherupon the saids Lords of privie Counsell without calling the petitioner Granted the desyre therof Wherupon John Hamilton baillie of the Abbay seased upon two cabinets pertaining to the petitioner which he keeps and detaines to this houre And Seing it is very prejudiciall to the petitioner that his own or his other clients papers Should be aither kept or exposed to the veiw of Strangers Therfor desyreing the Saids Lords of privie Councell to recomend to any of the Lords of the Sessione to reveiw the saids cabinets And dispose of any papers belonging to Wamphray as they Shall find Just and returne the petitioner his cabinets with Such papers as belong to himself or any other his clients And because his personall presence will be necessar at the Looking through the saids papers Humbly craveing that the saids Lords of privie Councell would grant and personall protectione till the first of november next to come And Sicklyke in and other petitione given in to the Saids Lords of privie Councell be Jennet Johnstone doughter and air to the deceast John Johnstowne of Wamphray² and Robert Johnstowne her Sone procreat betuixt her and the deceast William Johnstowne of Wamphray Shewing That wher ther being severall papers pertaining to the petitioners and the said William Johnstowne in the custodie of Mr George Dicksone of Boughtrig the said William Johnstowne did apply to the Saids Lords of privie Councell And upon the nynth of March Last by past obtained a warrand to putt the saids writes in the hands of the clerks of privie Councell And therupon John Hamiltone baillie of the Abbay Seased upon the said Mr George his cabinets and keeps the Same Sealled in his custodie And the petitioners are informed that Mr William Johnstowne Sone to Westerraw and Mr James Nasemith clerk deput of Edinburgh have obtained a warrand to be present at the veiwing of the saids papers But therefter upon more mature deliberatione the said William Johnstowne ordained the Same to be putt in the hands of Mr John Frank then his ordinary Advocat as is evident by a consent under his hand and a Subscribed petitione for that effect now in the clerks hands Lykeas the tyme of the said William Johnstone his decease the said baillie by his own awthoritie Seased upon the said William Johnstoune his trunk wherin ther are severalls writes and he still keeps and Detains the Same And Seing Severall of the Saids writes pertaine properly to the said Jennet Johnstowne and wherin the said William Johnstowne had no interest but only Jure mariti which now ceases by his decease And that the said Robert Johnstowne is appeirand air to his said father hes good interest to have inspectione of any of them Longing to him to the effect he may advise whither he uill enter air or not And that ther is neither Law nor reasone that the petitioners papers Should be exposed to the veiw and perwseall of ther adversaries And that the Lords of Sessione are the only Judges competent to maters of Law and the questiones that may arise anent the right to the saids papers Therfor craveing the saids Lords of privie Councell to ordaine the said John Hamiltoune to give up the saids cabinets and trwnks to the said Mr John Frank the ordinary advocat who wes formerly agried to or to Mr Alexander Gibsone and of the clerks of Sessione To the effect Such of them as belong propperly to the petitioners may be delivered up to her And the said Robert Johnstowne may have inspectione of Such as pertaine propperly to him And to recomend to the Lords of Session to discuss questions that may arise theranent And discharges the said William Johnstowne or Mr James Nesmith or any other persone to have access to or inspectione of the saids writes otherwayes then ordinar proces that all pearties concerned may be heard As the saids petitioners bears The Lords of his majesties privie Councell haveing considered the petitione given in to them be Mr George Dicksone And ane other petitione for the Daughter and air of John of Wamphray and Robert Johnstoune her Sone with the ansuers made therto by the creditors of Wamphray They heirby ordaine the Cabinets trumps and papers mentioned in both petitiones to be exhibited and Delivered in to the hands of Mr Alexander Gibsone one of the clerks of Sessione to be made furthcomeing to all pairties haveing interest As accords And remitts to the Lords of Sessione to order inspectione and inventar to be made of the Same at sight of persones And in Such termes as they shall think fitt And to determine what of the saids papers Shall be delyvered to any pairties interest therin.