Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh the Nynteinth day of November one thousand seven hundred years

D1700/11/2

D1700/11/2¹

Act

Act Baillie Innes in Elgine and others

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Robert Innes Late Baillie of Elgine, Thomas Russell late Thesaurer ther James Gordon merchant ther Shewing That wher the petitioners for themselves and in name and behalf of a multitude to the number of a hundred of the other inhabitants and nighbours of the Town of Elgine haveing intented a process and Complaint against William King late provest, James Stewart late Baillie and some others of the late Magistracy on the account of severall malversationes Comitted by them, and that the personall Compearance of all the petitioners who are Compleaners would not only be vastly expensive, Bot render the whole toune of Elgine desolat and that his Grace and the saids Lords in such cases were in use to sustaine the presence of some particular persones in name and behalf of the rest as in the case of the very defenders of this Complaint, Who are allowed to stay at home upon some of their numbers appearing for themselves in behalf of the rest And Therfore humbly supplicating his Grace and the saids Lords to the effect aftermentioned as the said petition bears His Majesties high Commissioner and the Lords of his Majesties privy Councill, Haveing Considered this petition given in to them by the above Robert Innes late baille of Elgine, Thomas Russell late Thesaurer ther and James Gordon merchant ther, They have excused and hereby excuses the absence of the haill persones pursuers in the Lybell raised at their instance against provest King and baillie James Stewart in Elgine and others and defenders in the reconvention raised at Provest King and Baillie Stewarts instances against them except the thrie persones petitioners abovenamed The saids thrie persones petitioners Viz Robert Innes late baillie Thomas Russell Late Thesaurer and James Gordon merchant in Elgin haveing before extracting hereof enacted themselves in the books of his majesties privy Councill, That they and the rest of the pursuers in the principall Lybell at their instances against provest King and Baillie Stewart before the Councill and defenders in the reconvention at Provost King and Baillie Stewarts instances against them before the privy Councill shall obtempor satisfie and fullfill the decreet and sentance of Councill to be given and pronunced in both the saids processes