Act, 20 December 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the Twentie day of December Jaj vjc nyntie four years

D1694/12/201

Act

Act The Earl of Brodalbine

Anent a Petition given in to the Lords of their majesties privy Councill be John Earle of Brodalbine Shewing That quher about thretein or fourtein years agoe the petitioner bought from the deceast Sir James Campbell of Lawers the greatest part of his estate to the value of ane hundred thousand puns But tho the petitioner has payed the wholl punds yet by reasone of the perplexity of Sir James affairs he was necessitate to take from him and others who had apprysed the same such ane imperfect right and Conveyance as he was able to give for the time and have ever since waited untill Sir James should have in his oun time Cleared his bussines and Compleated the petitioners right but he being now deceased and no appearance of any to represent him, The petitioner is farder informed that some persones pretending to be freinds to the appearand air doe Resolve to take advantage of the Confussione wherin Lawers left his estate which they are the rather Imboldned to doe because they hope to have access to his Chartor Chist wher they may suppress and abstract wrytes at their pleasure, and seing that the petitioners Case doeth plainely merit the saids Lords Consideration and assistance and that it is ordinary for the saids Lords when persones dye without airs and that practises are 2 apprehended upon ther Chartor Chists and wrytes to the prejudice of Lawfull purchasers and Creditors to give sumar warrand to secure the said Chartor Chists and wrytes in whosoever hand they may be found untill that they be duely inspected at the sight of all parties having intrest before such as the saids Lords should appoint which in effect is no more then what the meanest Comissarie in Scotland may doe as to the moveable goods and wrytes of any person dyeing within his bounds And Therfore Humbly Craveing the saids Lords would be pleased to prevent the fraud which the petitioner hath so much just reason to suspect, and for the preserving the true intrest of all parties concernd without the least prejudice to any to give a sumer warrand for secureing the said Chartor Chist and wrytes that belonged to Sir James Campbell of Lawers in the hands of Mongo Campbell of Innirnbank Mr David Ramsay wryter Archibald Campell A wryter to Colline Campbell of Duncrusk or any other persone the petitioner shall Condescend upon and to Cause seall the same and put them in the Clerks hands and Furder because ther are violent suspitions that they who have no right or pretence of right have allready unwarrantably obstructed or medled he Lykwayes beseeched their Lordships that they may be examined theranent upon oath and that the petitioner may have Warrand to maccers etc. to cite such of them as are in Edinburgh upon twentie four hours and such as are in the Country upon what time their Lordships thought fitt for that effect as the petitione bears The Lords of their Majesties privy Councill having Considered the above petitione given in to them by the Earl of Brodalbine They hereby appoynt the Chartor Chist belonging to Sir James Campbell of Lawers To be sealled at the sight of one of the Lords of privy Councill if the same be within the toune of Edinburgh and if it be not within the same then at the sight of the shirref principall or his deputs of the shyre within which the same is, and being so sealled appoints the same to be transmitted to the hands of the Clerks of privy Councill therto remaine till furder order and allowes any person concerned to see and answer this petition as to the other points therin mentioned.

Edinburgh the Twentie day of December Jaj vjc nyntie four years

D1694/12/201

Act

Act The Earl of Brodalbine

Anent a Petition given in to the Lords of their majesties privy Councill be John Earle of Brodalbine Shewing That quher about thretein or fourtein years agoe the petitioner bought from the deceast Sir James Campbell of Lawers the greatest part of his estate to the value of ane hundred thousand puns But tho the petitioner has payed the wholl punds yet by reasone of the perplexity of Sir James affairs he was necessitate to take from him and others who had apprysed the same such ane imperfect right and Conveyance as he was able to give for the time and have ever since waited untill Sir James should have in his oun time Cleared his bussines and Compleated the petitioners right but he being now deceased and no appearance of any to represent him, The petitioner is farder informed that some persones pretending to be freinds to the appearand air doe Resolve to take advantage of the Confussione wherin Lawers left his estate which they are the rather Imboldned to doe because they hope to have access to his Chartor Chist wher they may suppress and abstract wrytes at their pleasure, and seing that the petitioners Case doeth plainely merit the saids Lords Consideration and assistance and that it is ordinary for the saids Lords when persones dye without airs and that practises are 2 apprehended upon ther Chartor Chists and wrytes to the prejudice of Lawfull purchasers and Creditors to give sumar warrand to secure the said Chartor Chists and wrytes in whosoever hand they may be found untill that they be duely inspected at the sight of all parties having intrest before such as the saids Lords should appoint which in effect is no more then what the meanest Comissarie in Scotland may doe as to the moveable goods and wrytes of any person dyeing within his bounds And Therfore Humbly Craveing the saids Lords would be pleased to prevent the fraud which the petitioner hath so much just reason to suspect, and for the preserving the true intrest of all parties concernd without the least prejudice to any to give a sumer warrand for secureing the said Chartor Chist and wrytes that belonged to Sir James Campbell of Lawers in the hands of Mongo Campbell of Innirnbank Mr David Ramsay wryter Archibald Campell A wryter to Colline Campbell of Duncrusk or any other persone the petitioner shall Condescend upon and to Cause seall the same and put them in the Clerks hands and Furder because ther are violent suspitions that they who have no right or pretence of right have allready unwarrantably obstructed or medled he Lykwayes beseeched their Lordships that they may be examined theranent upon oath and that the petitioner may have Warrand to maccers etc. to cite such of them as are in Edinburgh upon twentie four hours and such as are in the Country upon what time their Lordships thought fitt for that effect as the petitione bears The Lords of their Majesties privy Councill having Considered the above petitione given in to them by the Earl of Brodalbine They hereby appoynt the Chartor Chist belonging to Sir James Campbell of Lawers To be sealled at the sight of one of the Lords of privy Councill if the same be within the toune of Edinburgh and if it be not within the same then at the sight of the shirref principall or his deputs of the shyre within which the same is, and being so sealled appoints the same to be transmitted to the hands of the Clerks of privy Councill therto remaine till furder order and allowes any person concerned to see and answer this petition as to the other points therin mentioned.

1. NRS, PC2/25, 115r-116r.

2. The word ‘appearand’ scored out here.

1. NRS, PC2/25, 115r-116r.

2. The word ‘appearand’ scored out here.