Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie third of Jwny J^aj vi^c nyntie Six yeirs

D1696/6/20

D1696/6/20¹

Act

Act Patrick Fea

Anent the petitione given in to the Lords of his majesties privie Counsell be Patrick Fea of Whitehall Shewing that wher as in the complaint at his instance befor ther Lordships against Robert Elphingstoun of Lopnes and others for robbing and away takeing of his goods In which actione ther was severall wittnesses Led at his instance and upon adviseing the depositiones and the executiones of poinding produced the saids Lords did remit the cause to be determined be the Lords of Sessione Summarly and he haveing accordingly gone on in the process befor the Lords of Sessione And it being necessar that the probatione adduced befor ther Lordships and the minwts of proces be prodwced befor The Lords of Sessione And that the clerks of Counsell cannot give owt the probatione and minwts of proces to be prodwced befor the Lords of Session without the saids Lords of privie Counsell ther warrand And therfore humbly craveing to the effect eftermentioned As the said petitione bears which petition being this day red and considered be the saids Lords of privie Counsell They heirby give order and warrand to ther clerks to give in and Deliver the depositiones of the wittnesses taken in this proces and all the minwts of the said process befor the Counsell to Alexander Gibsone who is clerk in the Innerhouse and William Robertsone who is clerk in the outterhouse to the process at the petitioners instance before the Lords of Counsell and Sessione upon the recept of aither of the saids clerks To the effect that the Lords of Session may proceed and advise the petitioners probatione