Warrant, 31 December 1695, Edinburgh

Edinburgh Tuesday the 19th March 1695

D1695/3/29

D1695/3/29¹

Act

Act Johnstone of Wamphray

Anent the petition given in to the Lords of his majesties privy Councill be William Johnston of Wamphray Shewing That the petitioner having many years agoe Imployed Mr George Dicksone advocat in his Law affairs wherby he gott the trust of the petitioners wholl papers matteriall, and he not haveing qualified himself by Law, The petitioner was necessitate To Requyre him to delyver the papers to the petitioner Conforme to ane Inventar and obligatione under his oun hand therwith produced But Mr Dicksone pretending that it wes not safe for him to delyver them up without a Judiciall warrand and order, And being now become valitudinary being of late taken with severall dangerous fitts of sicknes, and also being lapsus, and his Estate put to sale by Decreet of the Lords of sessione as is very weell knowen to many of their Lordships and Buchtrig haveing a great many more papers then what is Contained in the Inventar produced off which ther are a great many blank rights assignationes and Dispositiones, and it being of very dangerous Consequence tending to the utter ruine of the petitioner and the great prejudice of his Lawfull Creditors That such blank papers should be in his hands and it being ordinary for the saids Lords to Grant warrand for searching and sequestrating of the papers in such hard cases. And Therfore Humbly Craveing the saids Lords would take the premises to ther serious Consideratione and to grant warrand to the baillie of the Abbay To secure and search his Cabinets ther standing for such papers as is Contained in the abovewritten Inventar and others belonging to the petitioner, or to any other magistrats or Judge ordinar or other persone the saids Lords shall think fitt, To secure and search for the forsaids papers wher ever the same may be found and to ordaine them to be delyvered up to the petitioner upon recept and giveing up the forsaid Inventar and obligatione as the petition bears, The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above William Johnstone with instrument mentioned therin and produced therwith, They heirby Recommond to one of their oun number To take the oath of the above Mr² George Dicksone anent any other papers which he has belonging to the petitioner, and ordaines him to exhibit the same in the hands of the Clerks of privy Councill, And appoints the Baillie of the Abbay Mr George his Cabinets standing in any place within his bounds for such papers either in the above Inventar or others belonging to the petitioner And appoints any other magistrat or Judge Ordinary to search the said Mr George his trunks Cabinets or others within their bounds for the saids papers, and to take him oath anent the abstracting any of the saids papers, and ordaines them to be delyvered to the Clerks of privy Councill, magistrat Or other Judge forsaid within whose bounds the same shall be found.