Decreet, 29 December 1698, Edinburgh

Att Edinburgh the fourth day of Janwarie J^aj vi^c nyntie eight yeirs

D1698/1/2

D1698/1/2¹

Act

Act James Broune

Anent the petitione given in to The Lords of his majesties privie Cownsell be James Browne Sone to Patrick Browne in Ythsie Shewing That wher of Late the petitioner presented a petitione to ther Lordships which to his heavie regrate proved displeaseing and his most dwetiefwll and humble intentiones frustrat by the expressiones therin which made ther Lordships upon readeing the said petitione and Foveraigne his answers Gave no returne therto But graceowsely allowed the petitioner to apply in other termes The petitioner does now most humbly beg of ther Lordships to accept of what excues he must Sincerely offer and grant him pardon for what the Sense of the hard measures he hes mett with from Foverane and the unsufficiencie of his own Styll did make him express himself for The petitioner is enewgh sensible of ther Lordships Justice and in nowise reclame against it But must own all the hardshipes he hes mett with to the meanes of his circumstances that alloued him not the meanes of representing to ther Lordships the mater of fact in Swch ane impartiall way As that therby ther Lordships might have proceeded from the begining in his regards what from ther Lordships Justice he could have expected What was his misfortwne had to Foverane the opposite effects who nether wanted money nor authoritie for getting represented to ther Lordships by experienced Lawiers what his inflwence upon the wnjust informers made them bewray in ther depositiones And therby Keeped ther Lordships from the trwe knowledge of the measures the petitioners hes mett with by Foverane of which he then craved redress from ther Lordships Justice He Shall not now presume of new to make representationes therof to ther Lordships But only to begg ther Lordships would consider Foverain his procedoure in what ther Lordships informed him by ther interloquitor of the date the twentie Seventh of Jwllie J^aj vi^c nyntie Seven and the callumniousenes and captiowsenes of his answers to the petitioners Last petitione It was ther Lordships pleasure and Command by the above narrated interloqwitor that he Should repaire to Aberdein and ther against the first day of november Last fitt and cleare all his accompts with the said Foverane befor the Shirreff deput of that Shyre And ordaine Foverane to compeare befor him and give in his charge and instructiones therof as the petitioner allwayes wished for Such ane opportwnitie for evidenceing to ther Lordships and the world his honestie and integritie and the hard measures he hes mett with from Foveranes injust informationes so he most heartielie imbraced all the advantadges ther Lordships interloqwitor he knew would procure to him And for that end verie earelie applied to the Shirreff deput intimat to him ther Lordships orders And craved from him obedience therto which he readielie acwiesced in And requyred of Foverane transcripts of all his books and papers for that effect As ther Lordships interloqwitor prescribed The Shirreff deputs obedience to ther Lordships order was of no small trouble to him efter fourtein different Dyets Foverane never yet Compeared and was backward in the productione of papers and books Switeable to the convictione he behoved to have himself and will appear the petitioner hopes to ther Lordships or those ther Lordships will please injoine furder to inspect his accompts that the petitioner was neither cheatt nor imbazle² but a faithfull servant treated and rewarded in the hardest maner When in end the books were prodwced and Foveranes charge given in the petitioners dischairge came up therto Save about twentie pund Scotts of balance instrwcted Scripto as Foveranes chairge was upon which the petitioner requyred the said Shirreff to pronunce Sentance and to determine and theron took instruments As the Shirreffs report and instrument will instrwct By which ther Lordships may perceave the petitioners forwardnes and Foverains backwardnes and may Judge accordingly how the petitioner hes acted as the innocent and how the convicted in conscience the callummownes of Foverans petitione as by way of ansuer appears in positive asserting that the Shirreff determined not in respect he could not force witnesses and pairties to depone while the true reasone was that Foverane never compeared to any of his dyets thowgh most of them were granted upon his importatione and promises of appeareing As in the Shirreff his answer to the petitioners protestatione (requyreing him to determine) evidently appears And for the verifieing of these the petitioner oppones the Shirreffs Last interloqwitor And for prooff of Foveranes fracteciowsenes to ther Lordships order all allongst the petitioner oppones the Shirreffs whole report in ther Lordships clerks hands The petitioner beggs Leave of ther Lordships furder to add that Foverane in his answers appears both calluminows and malicious in argweing a convictione of the gwilt the petitioner is Loaded with as a cheatt and imbazler of his means in the trwst he had by haveing bein in conditione to intent process befor ther Lordships and pay advocats and clerks Liberallie when the petitioner had not Sixpence when he came to his fathers Service Trwe it is that the hardships the petitioner mett with from Foveran the Stain he Lay wnder from his deallings to him and expressiones of him made the petitioner address to ther Lordships as the mean of cleareing his reputatione (The great all to a poor man) and the recovering of what many papers chists cloaths and other things he was Spoilled off Bot what Lenth his money could reach his Subsistance and clerks the petitioner owes more then to any money he had yet it is knowen he is of honest parentadge and of Swch conditione that he wanted not a Stook Switeing his Statione imployed on corns Cattell and other Countrey merchandize when he came to Foverans fathers house But Sure the petitioner is now he is not soe and besides his old parents Swnk with greiff and worsted in ther means by Sustaining of him It is as captiows soe disinginwowsly inconsistent in Foverane by his ansuers to Speak bigg of his Liberalities to advocats etc and yet to improve to the petitioners great regrate the expressiones in his petitione conceaved by himself with the assistance of some writers Lads And ther by Laid open to all the Jwst censures which ignorance in choise of expressiones occasiones wheras if the petitioner had money to imploy advocats he Should have bein Secure from these wnvolwntary faults in his Last petitione The petitioner is hopefull from Foverane his whole procedoure against him it will appear to ther Lordships how hardlie he hes wsed the petitioner yet not had it in his power to prove him perfidiows and treacherows a theiffe a pickerer designed in his Last answers And therfore humbly craveing ther Lordships to take into ther consideratione his State and conditione from the hardships he hes mett with By Foverane his first Seazeing of his persone papers and meanes to the consumptione of his Small Stock from Subsisting himself by two yeirs Space in this place without and within prisone the Sentance of banishment from the Shyre of Aberdeen wher the means of Livelihood lyes and wherby the petitioner is rendered wncapable of assisting his old parents the Jwst objects of ther Lorships Comiseratione and how that his money chist and cloathes are yet Still detained by Foverane and what is hardest of all his repwtatione of honestie Stained and compassione take off Sentance of banishment from the shyre of Aberdein and ordaine Foverane to compt and reckon with the petitioner befor any number of ther Lordships or the Lords of Sessione As ther Lordships Shall sie fitt to be discust Summarlie Seing the petitioner is not able to prosecute a compt and reckning befor The Lords of Session as accords while that upon the Shirreffs report The Lords will discwss the compt and reckning in ane houres tyme And to ordaine the Shirreff deput of Aberdeen to transmit all the books and papers relative to the Said compt and reckning now in the clerks hands To ordaine ther Lordships clerks to deliver up to the petitioner his dispositione with the other papers relative therto with the Shirreff of Aberdeen his report and all other papers the petitioner hes consigned in ther Lordships clerks hands for instrwcting of his petitione to assoillzea him from his fyne And to ordaine Foverane to delyver up to the petitioner his chists and money he tooke owt of them wnder the name of consignatione with his cloathes and other necessaries he retaines of his and to be comptable for swch of them as he hes disposed of And Seing the Loss and damnadges the petitioner hes Swstained both Loss and gaine and immergent Losses these two yeirs bygone particularly these he was putt to by the freqwent attendance of the Shirreff of Aberdeens Dyets through Foveranes disobedience order And the expenss the petitioner was at in transcribeing of books and other papers That ther Lordships would be pleased to decerne Foverane in what expenses ther Lordships think Jwst As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell and answers made therto for the Laird of Foverane They doe heirby take off the Sentance of banishment pronunced by them against the said James Browne banishing him from the Shyre of Aberdeen and declairs him qwite therof and frie therfrae in all tyme comeing And allowes the said James to insist in the compt and reckning raised at his instance against The Laird of Foverane befor The Lords of Counsell and Sessione or other Judge ordinar and for that effect appoints the clerks of Counsell to delyver up the Sumonds of Compt and reckning to him and allowes the said James to insist in his compt and reckning befor the saids Lords or any other Judges competent as he thinks fitt via ordinaria or in the Comowne forme and sists all executione against the said James Browne for the fynes imposed upon him untill the event of the compt and reckning and Superceeds to give answer to his other papers lying in the clerks of Counsell ther hands As also as to his chists money and cloathes lying in the clerks of Cownsell ther hands Foveranes hands and refwises that pairt of the petitione as to expensses craved from The Laird of Foverane