Decreet, 29 December 1698, Edinburgh

Att Edinburgh the Eightein day of Janwary J^aj vi^c nyntie eight yeirs

D1698/1/12

D1698/1/12¹

Act

Act James Browne

Anent the petitione given in to The Lords of his majesties privie Cownsell be James Browne sone to Patrick Browne Shewing that by ther Lordships Jwstice and comiseratione to the petitioners poor and destitute State on Twesday Last was most graciowsely pleased to take off his banishment and Sisted executione against him for his fyne and allowed him to persew the compt and reckning betwixt Foverane and him befor The Lords of Sessione or any Judge ordinarie and ordained ther Lordships clerks to give the petitioner up his Sumonds of compt and reckning for that effect But ther Lordships Superceeded to give answer to the giveing up of his dispositione Consigned in ther Lordships clerks hands And also the ordaining of Foverane to give up the petitionres cloathes chists and the money he tooke out of them As the petitioner prayes God reward ther Lordships for the patience and trouble ther Lordships Shewed in the redressing the hard measures the petitioner wnderwent Through Foveranes malice in the measure ther Lordships have bein pleased to doe yet he craved most humbly to be allowed to express what necessitie forces him to represent to ther Lordshisp That the hardships of his circumstances by the debt he hes contracted for his necessar Subsistance does render it a most difficult thing to the petitioner to obtaine so much money as the extracting ther Lordships Late graciows interloqwitor If so be ther Lordships Justice and Comiseratione does not ordaine the deliverie to the petitioner of his dispositione and the recept he consigned in ther Lordships clerks hands wher by he may be rehabilitat as to his credit Foverane in Justice can complaine nothing therof Since it appears evidently that a period of compt and reckning of his intromissiones with his bwssines will not State the petitioner debitor to him in twentie pwnd Scotts As is cleare by the Shirreff of Aberdeene his report Ther Lordships the petitioner hopes will find it reasoneable and Jwst also that Foveranes humore and malice Should not be allowed heaviely to prejudge the petitioner a poor man when nether his own interest nor Justice can be served by it as is cleare if he Should retaine these corruptable things of themselves the petitioners cloathes particularly and two or thrie chists And therfore humbly craving ther Lordships in Commiseratione and Justice to ordaine ther Lordships clerks to deliver up the petitioners dispositione and recept that what ther Lordships hes bein graciously pleased to grant the petitioner may be effectwall to make him in a conditione to insist in a compt and reckning to a period and to have Subsistance in the mean tyme for without the dispositione and recept the petitioner cannot have the credit of a Sixpence to extract ther Lordships act As also to ordaine Foverane to Deliver up the petitioners cloathes and chists Seing they can be of no wse to him But raither rott in his custodie As the said petitione Beares The saids Lords of his majesties privie Counsell haveing considered the above petitione and answers therto by way of petitione by The Laird of Foverane They heirby refwise the desyre of both the petitioners But decernes and ordaines Samwell Forbes of Foverane to deliver to James Browne the petitioner his chist which was taken from him by Foverane with all that was them the tyme that Foverane took the Same And ordaines Letters of Horneing on Fifetein dayes and others neidfull to be direct heiron in forme as effeirs