Act, 25 December 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/301

Act

Act Mr David Ferguson contra Halgreen

Anent a Petition given In to the Lords of ther majesties privy Councill be Mr David Fergusone wryter in Edinburgh Shewing That the petitioner being Imployed by the Creditors of William Rait of Halgreen to Cary one the ranking depending amongst them before the Lords of sessione and to procure a factor to be nominat by their Lordships for uplifting the rents in the mean time, and accordingly George Mckenzie being nominat, He did by vertue of his Comissione enter to the posessione of the estate for the behoove of the Creditors by holding of Cautioners and Decerning the tennents and uplifting the rents Lyke as the tenents before the nomination of the factor being Distressed by Halgreen and his Creditors they did suspend upon multiply poynding, notwithstanding of all quhich and that the suspensione was intimat to Halgreen himself yet he with severall others his accomplices haveing come to the ground of the Lands Beatten and abused the tennents and Caried away ther goods upon pretence of bygone rent The Creditors did againe Imploy the petitioner to pursue him before the saids Lords at the instance of the factor and tennents for the said ryot, and accordingly the letters being raised and execute to the twentie two day of november Last the dyet was continued for severall Councill dayes dureing which the Lybell was never Called all which time the tennents attended untill at Last Halgreen having obtained a protectione from the saids Lords for his Compeirance and the tennants being wearied through long attendance They went hom with a resolution to have returned this day But throw the badnes of the weather they have been detained Lykeas both the petitioner and they have been dayly threatned by Halgreen that he would kill them and particularly this day being the Eleventh day of December instant the petitioner being in the outter parliament house attending the petitioners Clients affairs The said William Rait without any maner of provocatione did fall upon the petitioner and not only threatned to beath him But alsoe actually Lay hands upon him by endeavoring to 2 the petitioner doune upon the Floor wherthrow the petitioner is extreamly prejudged in his heath being therby rendered incapable to goe about his affairs And Therfore Humbly Craving the saids Lords not only Continue the dyet of the Lybell against Halgreen untill Thursday nixt But alsoe to ordaine him to find Cautione to keep the petitioner haimles and skaithless and to punish him in what he has allready done at least to Grant warrand to the petitioner for citeing witnesses for proveing the beatting within the parliament house That so the petitioner may goe about his Clients affairs with safety of his persone as the petition bears The Lords of their Majesties privy Councill Having Considered this petitione given in to them be the above Mr David Fergusone Thay heirby Ordaine letters to be direct at the petitioners instance for citeing the Laird of Halgreen to answer to the petition against […] And Grants Warand for citeing of witnesses against that day, And in the mean time Discharges the Laird of Halgreen to disturb or molest the petitioner any maner of way as he will be answerable at his highest perill, And Grants personall protectione to the said Laird of Halgreen for the said haill day and Discharges messengers at armes or officers alse weell In burgh as Landward to put any letters of Caption or acts of Warding or other dilligence to executione against the persone of the said Rait of Halgreen dureing the said day for any Cause or occasione Excepting ther Majesties rents and publict dues.

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/301

Act

Act Mr David Ferguson contra Halgreen

Anent a Petition given In to the Lords of ther majesties privy Councill be Mr David Fergusone wryter in Edinburgh Shewing That the petitioner being Imployed by the Creditors of William Rait of Halgreen to Cary one the ranking depending amongst them before the Lords of sessione and to procure a factor to be nominat by their Lordships for uplifting the rents in the mean time, and accordingly George Mckenzie being nominat, He did by vertue of his Comissione enter to the posessione of the estate for the behoove of the Creditors by holding of Cautioners and Decerning the tennents and uplifting the rents Lyke as the tenents before the nomination of the factor being Distressed by Halgreen and his Creditors they did suspend upon multiply poynding, notwithstanding of all quhich and that the suspensione was intimat to Halgreen himself yet he with severall others his accomplices haveing come to the ground of the Lands Beatten and abused the tennents and Caried away ther goods upon pretence of bygone rent The Creditors did againe Imploy the petitioner to pursue him before the saids Lords at the instance of the factor and tennents for the said ryot, and accordingly the letters being raised and execute to the twentie two day of november Last the dyet was continued for severall Councill dayes dureing which the Lybell was never Called all which time the tennents attended untill at Last Halgreen having obtained a protectione from the saids Lords for his Compeirance and the tennants being wearied through long attendance They went hom with a resolution to have returned this day But throw the badnes of the weather they have been detained Lykeas both the petitioner and they have been dayly threatned by Halgreen that he would kill them and particularly this day being the Eleventh day of December instant the petitioner being in the outter parliament house attending the petitioners Clients affairs The said William Rait without any maner of provocatione did fall upon the petitioner and not only threatned to beath him But alsoe actually Lay hands upon him by endeavoring to 2 the petitioner doune upon the Floor wherthrow the petitioner is extreamly prejudged in his heath being therby rendered incapable to goe about his affairs And Therfore Humbly Craving the saids Lords not only Continue the dyet of the Lybell against Halgreen untill Thursday nixt But alsoe to ordaine him to find Cautione to keep the petitioner haimles and skaithless and to punish him in what he has allready done at least to Grant warrand to the petitioner for citeing witnesses for proveing the beatting within the parliament house That so the petitioner may goe about his Clients affairs with safety of his persone as the petition bears The Lords of their Majesties privy Councill Having Considered this petitione given in to them be the above Mr David Fergusone Thay heirby Ordaine letters to be direct at the petitioners instance for citeing the Laird of Halgreen to answer to the petition against […] And Grants Warand for citeing of witnesses against that day, And in the mean time Discharges the Laird of Halgreen to disturb or molest the petitioner any maner of way as he will be answerable at his highest perill, And Grants personall protectione to the said Laird of Halgreen for the said haill day and Discharges messengers at armes or officers alse weell In burgh as Landward to put any letters of Caption or acts of Warding or other dilligence to executione against the persone of the said Rait of Halgreen dureing the said day for any Cause or occasione Excepting ther Majesties rents and publict dues.

1. NRS, PC2/25, 121r-121v.

2. The word ‘Execute’ scored out here.

1. NRS, PC2/25, 121r-121v.

2. The word ‘Execute’ scored out here.