Act, 23 July 1702, Edinburgh

Procedure, 24 December 1702, Edinburgh

Att Edinburgh the 23d July 1702

D1702/7/191

Act

Act In favours of the Earl of Kintore for a Dilligence to Ceit witneses

Anent the petition given in and presented to the Lords of his majesties privie Councill, by John Earle of Kintore, Showeing That where the petitioner haveing raised a Complaint against Barras elder and younger for printing publishing and disperseing a most defamatory pamphlet, and the same being Called ther is a Testificat produced, for old Barras of his Inability to Travell, and the young man denyed the lybell, when this Complain was raised, the Earle of Kintore did not so much as think that a thing so palpable, would have been denyed, and att first had no design of Citeing any witneses, and these few that were Cited were Cited att Random, whereof only three have Compeared, and a second dilligence granted against the other two, So that is most neccessar, that the petitioner be allowed a new dilligence, for Citeing of some more witnesses, who may Clearly prove the matter of fact Contained in the lybell and seing the Commity have not yet mett and non of the witneses have yet deponed, and that the granteing of ther dilligence will nowayes protract but further the proces, and bring it to a Conclusion,2 and Therefore Craveing to the effect aftermentioned as the said petition bears, The Lords of his majesties privie haveing Considered this petition given in to them be John Earle of Kintore, they hereby grant and allow to the said petitioner, a dilligence for Citeing of witneses to Compear before ther Lordships and Depone in the within proces, and the Councill assigns the twenty eight day of July Instant for that effect.

Att Edinburgh the 23d July 1702

D1702/7/191

Act

Act In favours of the Earl of Kintore for a Dilligence to Ceit witneses

Anent the petition given in and presented to the Lords of his majesties privie Councill, by John Earle of Kintore, Showeing That where the petitioner haveing raised a Complaint against Barras elder and younger for printing publishing and disperseing a most defamatory pamphlet, and the same being Called ther is a Testificat produced, for old Barras of his Inability to Travell, and the young man denyed the lybell, when this Complain was raised, the Earle of Kintore did not so much as think that a thing so palpable, would have been denyed, and att first had no design of Citeing any witneses, and these few that were Cited were Cited att Random, whereof only three have Compeared, and a second dilligence granted against the other two, So that is most neccessar, that the petitioner be allowed a new dilligence, for Citeing of some more witnesses, who may Clearly prove the matter of fact Contained in the lybell and seing the Commity have not yet mett and non of the witneses have yet deponed, and that the granteing of ther dilligence will nowayes protract but further the proces, and bring it to a Conclusion,2 and Therefore Craveing to the effect aftermentioned as the said petition bears, The Lords of his majesties privie haveing Considered this petition given in to them be John Earle of Kintore, they hereby grant and allow to the said petitioner, a dilligence for Citeing of witneses to Compear before ther Lordships and Depone in the within proces, and the Councill assigns the twenty eight day of July Instant for that effect.

1. NRS, PC2/28, 184r-184v.

2. Sic.

1. NRS, PC2/28, 184r-184v.

2. Sic.