Decreet, 29 December 1698, Edinburgh

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

D1698/1/3

D1698/1/3¹

Act

Act Dempster and Tullochs witnesses

Anent the petitione given in to The Lords of his majesties privie Cownsell be David Mcculloch Baillie of Fortrose Patrick Lamb Donald Davisone and Kenneth Mckeinzie burgesses ther and John Frazer Chamberland to The Laird of Gareloch Shewing that ther Lordships petitioners being cited to Compear befor ther Lordships as witnesses in the criminall actione raised and persued at the instance of Sir John Dempster of Pitliver John Baine younger of Tulloch and Sir James Stewart his majesties advocat for his highnes interest befor ther Lordships against Kenneth Earle of Seaforth Mr William Baillie of Pittlundie Mr Simon Mckeinzie portioner of Logie and others defenders therin named In obedience wherinto they travelled from the said burgh of Fortross the place of ther residence which is above Sevenscore mylls distant from this place besydes Severall ferries and many waters and come here in this most tempestwows Season efter a Long and tediows Journey for the Space of ten dayes to the hazard of ther Lives and have bein Severall dayes waiting ther Lordships Dyet And now understanding that the defenders contumaciowselie absent themselvs from appeiring befor ther Lordships to answer to the said actione so that ther will be no wse for ther furder attendance and they haveing bein at great and considerable chairges in comeing here and mentaining themselvs ther horses and sevants besyde the Loss of ther tyme and ther imployment and other affairs at home And that it will requyre a considerable tyme and great chairges to returne home so that in all from the tyme of ther first setting out and ther attendance here and ther returneing home ther cannot be Less compted then full threttie dayes and everie one of them being horsemen And therfore humbly craveing ther Lordships to take the premisses to ther consideratione and allow the petitioners to returne home and in the mean tyme to modifie considerable charges and expenses to them for ther travell Loss and attendance foirsaid and to decerne and ordaine the saids persewers instantly to pay and advance the same to them befor they can remove from this place and to pay So much daylie to them as ther Lordships Shall think fitt Dureing ther not payment therof Reserveing ther releiff against the defenders as accords of the Law As the said petition bears Which being this day read and considered be the saids Lords of his majesties privie Counsell They doe heirby modifie and allow to the petitioners sixtein Shilling Scotts of expensses per diem in respect they are all horsemen from the twentie fifth day of December Last to the Sixtein of Janwary instant inclwsive and decernes and ordaines the said Sir John Dempster and John Baine to make payment to the saids pteitioners of the saids expensses Reserving to them ther releiff against the said Earle and other defenders of the saids expensses And ordaines Letters of horneing on twentie four houres charge to be direct heirupon and others upon the premisses in forme as effeirs