Act, 2 March 1703, Edinburgh

Act, 28 December 1703, Edinburgh

Edinburgh the 2d March 1703

D1703/3/21

Act

Act Infavours off Nathaniell Gordon of Carletoun

Annent The supplication given into the Lords off Her Majesties privie Councill By Nathaniell Gordon of Carletoun Shewing That upon a Complaint given into their Lordships By Rachell Gordon and other airs of lyne off the Deceas[t] James Gordon off Carletoun againest the Petitioner his air off Tailzie In obediance to ther Lordships sentance The petitioner Did Exhibet in the Clerks hands the whole wrytts and Evidents off and Concerning the Estate off Carltoun which wer in his Custody when the samen have lyen Sequestrat these severall years to the petitioners great loss and prejudice And as their Lordships Act the seventh of March mentiones That the petitioner Haveing affixt Coppies therof upon the wall off the outter roome of privie Councill and upon the door off the Turnpike foot and finding that non Compeired Their Lordships allowed and gave warrand to their Compt books, and other wrytts upone Inventar and receipt off the same He first giveing Bond and Finding Sufficient Caution to return the same againest a Certain day Which Act The petitioner never made use of, But now being served air to the said deceast James Gordon off Carletoun as his Retour herewith produced bears And that the said Rachell Gordon hes severall tymes Renounced all her pretences to the said Estate as ane Adjudication in the petitioners favours herewith produced doeth also testifie And that all others concerned are dead, and that non has or can pretend Eight to the Trunk or Chist wherin these writs are But the petitioners self Beging their Lordships would cause delyver the same to the petitioner And Therfor Creaving Their Lordships To take the premisses to their Consideration how that the petitioner is very much prejudged By the want off the saids writs And to grant warrand to their Lordships Clerks To give up and delyver to the petitioner The Chist, Trunk, or Clockbag wherin the saids Dischairges Receipts, Compt books, and other writs relative to the said James Gordon of Carletoun are And that upon his recipt as their Lordships are in use to doe in such caices As the said supplicatione Bears Which petition being read in2 presence off the saids Lords of Her Majesties privie Councill upon the Fourth day off February last by past They allowed the samen to bee seen and answered Againest Tuesday then nixt Therafter ther was a petition a petition given in and presented to the said Lord3 By way of Answer to the above petition, By George Fulertoune of Dreghorne and Adam Fulertoun wryter to the signet For themselves and in name and behalfe off the other Creditors off the Deceast James Gordon of Carletoun Shewing That a little affter the death off James Gordon off Carletoun upon application made by his airs of lyne to the steuart Deputs off Kirkcudbright, the said James Gordon his writs were by ane Act and ordinance off the said steuart Deputs appointed to be Inventar’d and Sequestrat And yet not withstanding Nathaniell Gordon off Gordistoun Did thereafter at his owen hand goe to the house of Carletoune and unwarrantably carry away the saids writts Wherupon a Complaint being made to the Lords of privie Councill The said Nathaniell was ordained to exhibit and produce the saids wrytts upon oath in the hands of the Clerks of privie Councill and most Justly fyned for his unwarantable away takeing therof The writs Haveing been accordingly Exhibite and Sequestrat in the hands of the Clerks off privie Councill The said Nathaniell Gordon gives in a petition to ther Lordships Narrating that he is now air served and Retoured to the Deceast James Gordon and that his airs of Lyn had seaverall tymes Renounced their pretences to the Estate of Carletoun As ane Adjudication in his favours would testifie And that noe other but himself had or Could pretend any Interest to the saids writs or Trunk, Chist or Clockbagg wher they wer And creaveing the saids writts might be delyvered up to him The petitioners humbly beg leave to represent to her Lordships That the said Nathaniell Gordon’s petition is most groundless and Disingenious Because his Retour is only a Generall Retour as air of Tailzie and the Tailzie not produced And albeit it wer yet the same would give him noe Intrest to any writs but what relates to the Estate mentioned in the Tailzie And as for the Adjuciation in his favours mentioned in his petition Wherby he pretends the heirs of Lyne had Renunced their pretentions to the said Estate The petitioners Can see noe Such Adjucation For the Adjudication produced is not in his favours But in the favours of Mr George Rome writter in Edinburgh And which Adjucatione is also againest the said Nathaniell himself upon his Renuncation to be heir to the said umquhill James Gordon the petitioners Debitor Wherby he Renounces his pretences to the said Estate alse much as the airs of Lyne doe And the petitioners Have Adjudged the said Estate from the heirs of Lyne And he the said George Fullarton Stand (4infeft therin upon a Charter under the great seall Obtained Decreit For mealls and Deuties But have not heitherto been able to attain payment or possessione And it is more the petitioners intrest and the intrest of the other Creditors that the saids be delyvered up to the petitioners and not lodged in the hands of the said Nathaniell Gordon Especially Considering that the debts are now run up to the valow of the Estate And Therfor Creaving to the effect aftermentioned As the said petition by way of answers more Fully bears Which petition with the above petition given in by the said Nathaniell Gordon Being read in presence of the saids Lords off her Majesties privie Councill They Allowed boeth pairtes their Lauiers to be heard in their oun presence upon the grounds contained in ther respective Bill and answers upon Tuesday then nixt Being the Tuenty Thrid of February Last And the saids pairtes being called upon the day and date off thir presents The said Nathaniell Gordon Compeiring personally at the barr with Mr Alexander Fergusson and Master John Ogilvie his Advocats And the saids George and Adam Falertons Compeiring also personally at the barr with Mr John Fergusson their Advocat And boeth the saids pairtes procurators Being fully heard The saids Lords of Her Majesties privie Councill Ordaines The said Chartor Chist off Carletoun sequestrat in the Clerks off Councills hands To be delyvered up to the said Nathaniell Gordon Air of Tailzie off the said Estate Inrespect he hes given bond and found sufficient Caution acted in the books of Her Majesties privy Councill To make the samen furth comeing to any persone concerned conforme to Inventar to made therof.

Edinburgh the 2d March 1703

D1703/3/21

Act

Act Infavours off Nathaniell Gordon of Carletoun

Annent The supplication given into the Lords off Her Majesties privie Councill By Nathaniell Gordon of Carletoun Shewing That upon a Complaint given into their Lordships By Rachell Gordon and other airs of lyne off the Deceas[t] James Gordon off Carletoun againest the Petitioner his air off Tailzie In obediance to ther Lordships sentance The petitioner Did Exhibet in the Clerks hands the whole wrytts and Evidents off and Concerning the Estate off Carltoun which wer in his Custody when the samen have lyen Sequestrat these severall years to the petitioners great loss and prejudice And as their Lordships Act the seventh of March mentiones That the petitioner Haveing affixt Coppies therof upon the wall off the outter roome of privie Councill and upon the door off the Turnpike foot and finding that non Compeired Their Lordships allowed and gave warrand to their Compt books, and other wrytts upone Inventar and receipt off the same He first giveing Bond and Finding Sufficient Caution to return the same againest a Certain day Which Act The petitioner never made use of, But now being served air to the said deceast James Gordon off Carletoun as his Retour herewith produced bears And that the said Rachell Gordon hes severall tymes Renounced all her pretences to the said Estate as ane Adjudication in the petitioners favours herewith produced doeth also testifie And that all others concerned are dead, and that non has or can pretend Eight to the Trunk or Chist wherin these writs are But the petitioners self Beging their Lordships would cause delyver the same to the petitioner And Therfor Creaving Their Lordships To take the premisses to their Consideration how that the petitioner is very much prejudged By the want off the saids writs And to grant warrand to their Lordships Clerks To give up and delyver to the petitioner The Chist, Trunk, or Clockbag wherin the saids Dischairges Receipts, Compt books, and other writs relative to the said James Gordon of Carletoun are And that upon his recipt as their Lordships are in use to doe in such caices As the said supplicatione Bears Which petition being read in2 presence off the saids Lords of Her Majesties privie Councill upon the Fourth day off February last by past They allowed the samen to bee seen and answered Againest Tuesday then nixt Therafter ther was a petition a petition given in and presented to the said Lord3 By way of Answer to the above petition, By George Fulertoune of Dreghorne and Adam Fulertoun wryter to the signet For themselves and in name and behalfe off the other Creditors off the Deceast James Gordon of Carletoun Shewing That a little affter the death off James Gordon off Carletoun upon application made by his airs of lyne to the steuart Deputs off Kirkcudbright, the said James Gordon his writs were by ane Act and ordinance off the said steuart Deputs appointed to be Inventar’d and Sequestrat And yet not withstanding Nathaniell Gordon off Gordistoun Did thereafter at his owen hand goe to the house of Carletoune and unwarrantably carry away the saids writts Wherupon a Complaint being made to the Lords of privie Councill The said Nathaniell was ordained to exhibit and produce the saids wrytts upon oath in the hands of the Clerks of privie Councill and most Justly fyned for his unwarantable away takeing therof The writs Haveing been accordingly Exhibite and Sequestrat in the hands of the Clerks off privie Councill The said Nathaniell Gordon gives in a petition to ther Lordships Narrating that he is now air served and Retoured to the Deceast James Gordon and that his airs of Lyn had seaverall tymes Renounced their pretences to the Estate of Carletoun As ane Adjudication in his favours would testifie And that noe other but himself had or Could pretend any Interest to the saids writs or Trunk, Chist or Clockbagg wher they wer And creaveing the saids writts might be delyvered up to him The petitioners humbly beg leave to represent to her Lordships That the said Nathaniell Gordon’s petition is most groundless and Disingenious Because his Retour is only a Generall Retour as air of Tailzie and the Tailzie not produced And albeit it wer yet the same would give him noe Intrest to any writs but what relates to the Estate mentioned in the Tailzie And as for the Adjuciation in his favours mentioned in his petition Wherby he pretends the heirs of Lyne had Renunced their pretentions to the said Estate The petitioners Can see noe Such Adjucation For the Adjudication produced is not in his favours But in the favours of Mr George Rome writter in Edinburgh And which Adjucatione is also againest the said Nathaniell himself upon his Renuncation to be heir to the said umquhill James Gordon the petitioners Debitor Wherby he Renounces his pretences to the said Estate alse much as the airs of Lyne doe And the petitioners Have Adjudged the said Estate from the heirs of Lyne And he the said George Fullarton Stand (4infeft therin upon a Charter under the great seall Obtained Decreit For mealls and Deuties But have not heitherto been able to attain payment or possessione And it is more the petitioners intrest and the intrest of the other Creditors that the saids be delyvered up to the petitioners and not lodged in the hands of the said Nathaniell Gordon Especially Considering that the debts are now run up to the valow of the Estate And Therfor Creaving to the effect aftermentioned As the said petition by way of answers more Fully bears Which petition with the above petition given in by the said Nathaniell Gordon Being read in presence of the saids Lords off her Majesties privie Councill They Allowed boeth pairtes their Lauiers to be heard in their oun presence upon the grounds contained in ther respective Bill and answers upon Tuesday then nixt Being the Tuenty Thrid of February Last And the saids pairtes being called upon the day and date off thir presents The said Nathaniell Gordon Compeiring personally at the barr with Mr Alexander Fergusson and Master John Ogilvie his Advocats And the saids George and Adam Falertons Compeiring also personally at the barr with Mr John Fergusson their Advocat And boeth the saids pairtes procurators Being fully heard The saids Lords of Her Majesties privie Councill Ordaines The said Chartor Chist off Carletoun sequestrat in the Clerks off Councills hands To be delyvered up to the said Nathaniell Gordon Air of Tailzie off the said Estate Inrespect he hes given bond and found sufficient Caution acted in the books of Her Majesties privy Councill To make the samen furth comeing to any persone concerned conforme to Inventar to made therof.

1. NRS, PC2/28, 242v-244v.

2. The word ‘their’ scored out here.

3. Illegible word scored out here.

4. Closing bracket missing.

1. NRS, PC2/28, 242v-244v.

2. The word ‘their’ scored out here.

3. Illegible word scored out here.

4. Closing bracket missing.