Act, 6 October 1697, Edinburgh

Att Edinburgh The Threttieth day of December J^aj vi^c nyntie seven years

A1697/12/52

A1697/12/52¹

Act

Liberation The Laird of Phinhaven

Anent the petition given into the Lords of his Majesties privie Councell By Mr James Carnegie of Phinhaven Sheuing That their Lordships upon a Complaint raised at the instance of The Laird of Balthaick and some other of Kinfaunes relations on the mother syde against the petitioner for precipitation In ane Act of Curatory expede in favours of Kinfauns before the shirreff deput of Forfar The saids Lords after hearing of both parties Did rescind and anull the forsaid act of Curatory And in the mean tyme Committed the petitioner to the tolbooth of Edinburgh during their Lordships pleasure wher he hath remained prisoner these five weeks bypast To the great prejudice of his health and other affairs And seing the Laird of Kinfauns hath made a New Election of Curators before the Lords of session To the satisfaction of the said Laird of Balthaik and all others who aither were Concerned or did Concerne themselves in the said Complaint And therfore Humblie Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councell Having Considered the above petition They Doe heirby Give order and uarrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof In respect he hath given bond and found sufficient Cautione acted in the books of privie Councell That he shall attend all the dyetts of Councell and Committie in the proces depending att The Lord Advocats instance against him The Laird of Kinfauns and Mr James Grub minister at Othlaw And that he shall obtempter and fulfill the sentence of Councell to be pronunced therin In so farr as he shall be Concerned in the samen under the penaltie of Fyve Thousand merks Scotts In caise he shall transgress in any part of the premisses.