Warrant, 31 December 1695, Edinburgh

Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/8

D1695/5/8¹

Act

Act The Creditors of Wamphrey

Anent the petition given in to the Lords of his Majesties privy Councill be the Childrein of umquhill James Johnston of Skeens Robert Johnstone of Hiltoune Patrick Johnstone merchant burges of Edinburgh Thomas Hamiltone late baillie ther Robert Johnstone of Straittone and James Naesmith under toune Clerk of Edinburgh and in name of the rest of the Creditors of Wamphrey Shewing That William Johnstone of Wamphrey gave in a bill to ther Lordships lately representing that Mr George Dicksone of Buchtrig manager of his and Ladies law affairs hade trust of his wholl wrytes and particularly of severall blank assinationes to diverse debts affecting the estate of Wamphrey and which Wamphrey himself hade payed as appeared to their Lordships by ane aknowledgment under Mr Dicksones hand, and that he hade notwithstanding refused to delyver them up to Wamphrey with the rest of his papers in order to ane Setlement with his Creditors Which the said Mr George Dicksone has abstracted these many years and therfore Craved ther Lordships assistance that the said Mr George his Cabinats might be sequestrat in the baillies of the abbayes hands in which place they were standing and that they might be inspected and Inventared by one of the Clerks of Councill whom ther Lordships should name and such papers as Wamphrey himself might be put in one of the saids Clerks hands for his oun behoove which ther Lordships most Justly granted In respect that Buchtrig is not only out of his Imploy as advocat But also become bankrupt so that his Creditors might have hade access to the saids blank assignationes to the great detriment to Wamphrey and his Creditors But Such is Wamphreys Levity that he has suferred himself to be Imposed on be Bouchtrig and by his Lady to Condescend without inspectione and for any thing the petitioners knowes to destroy the said blank assignationes or fill up persones names therin and to that effect has been dealling with the baillie of the abbay in whose hands they are now sequestrat by vertue of the said order till inspection be made therof, Which he most Justly refused to Grant And Seing the petitioners Creditors forsaids are all of them nearly concerned to see that the said papers be narowly inspected not only because of the severall Clandastine Conveyances the said Mr Dicksone has made of the estate of Wamphrey so that non of the petitioners can obtaine ane six pence of annualrent or principall these twentie thrie years by past of the Escheat bot alsoe because some of the petitioners has actually adjudged some of the said blank assinationes particularly baillie Thomas Hamiltone and Likewayes seing that the said Mr George Dicksone and Wamphrey refuses the petitioners the Liberty to be present at the said inspectione And Therfore humbly Craveing the saids Lords to adhere to ther former act of sequestratione and to grant warrand to the saids Creditors to be present at the said inspectione and to order that what papers are found in the said Cabinet that may make a discovery of the said Clandistine and fraudelent Conveyances to the petitioners so great damnadge Togither with the said blank assinationes grounds and warrands therof may be Inventared and sequestrat in the hands of the Clerks of privy Councill to be made furthcomeing to the petitioners use and behoove as the petitione bears His Majesties high Commissioner and the Lords of privy Councill having Considered the above petitione given in to them be the above Creditors of Wamphrey They heirby adhear to ther former act of sequestration and Grants Warrand to the saids Creditors to be present at inspecting of the above wrytes, And Ordaines the wrytes in the above Cabinets such of them as may make discovery of the above Clandestine and fraudulent Conveyances Togither with blank assignationes grounds and Warrands therof to be Inventared and sequestrat in the hands of the Clerks of privy Councill To be made furthcomeing for the use of the saids Creditors.