Procedure, 30 December 1701, Edinburgh

Att Edinburgh the fourt day of March 1701

D1701/3/2

D1701/3/2¹

Act

Act Gordon of Campdell for a protection to Witneses

Anent the petition given in to the Lord of his Majesties privie Councill by Alexander Gordon of Campdell Shewing That where The Lords of his Majesties privie Councill at the Advyseing of the decreits and suspenswns obtained and raised toutching The barbarous depredation Hamsucken and roberie Committed upon Glenkindie in his oune house The saids Lords ordained That besyd the Tutor of Weem and the petitioner Gordon of Cambdell against whom the account of their men found to have had some accession to the said depredation decreits had passed Which they had suspended and the saids Lords found orderly proceided and that the petitioner and they should goe on to persew the principall actors or other accessaries both men and masters To the effect that all being Decerned They might the better recover their releiff In persewance of which ordinance The petitioner and the said Tutor have raised summonds before the saids Lords against certain persons pairt of them belonging to the Earl of Aboyn and pairt to the Laird of Grant and also against Knockespocks elder and younger and Adam Gordon Late of Glenbucket, In which proces They are to adduce Donald Camron somtyme in Carniserach Alexander Menzies in Kinilachar, John Roy Menzies alias Mcockvie there John M’artur somtyme in Carrie brother to Robert M’artur of Aird Angus M’coil vic Jandus vig in […] Rorie Kennedie in […] Camiferach Callum Breack M’Jean vic Phadrick Glengairdne Grigar Breack M’Jan vc phandrick his brother in Daocharn John Crookshank younger in Rinaira William Bain M’pherson in Pilgalish as necessary witnesses as the petitioner was content to give his oath therupon conforme to the act of parliament J^aj vj^c Eighty one, Who needed the said proces Lykeas ther are some of them to whom the saids Lords granted their protection against the petitioner So that the saids Lords would certainly allow the petitioner the same Justice That was alloued against him and seing that by the forsaid act of parliament J^aj vj^c Eighty one The said Lords are authorized and also in use to grant protection in such caises Therfore humbly Craveing That it might have pleased the saids Lords to grant the protection to the forsaids persons To the effect That they may Compear to give evidence in the proces and that for the space and in the termes of the forsaid act of parliament Reserveing objections against the witnesses as accords as the said petition bears Which petition being read upon the fourt of February last In presence of His Majesties high Commissioner and Lords of His majesties privie Councell They alloued any persons concerned to sie and answer the same Therafter wpon the tuenty day of the said moneth of Feburary their Lordships haveing considered the said petition and ansuers made therto by Charles Earle of Aboyn The Lairds of Grant Knockespocks elder and younger and Glenbucket They Delayed to give ansuer to the said petition untill both parties procurators were heard and appoynted both parties and their procurators to be readie and attend the Councill wpon the tuenty seventh day of the said moneth now bygone and therafter the saids Lords of his Majesties privie Councill haveing considered the said petition and ansuers forsaid made therto by the said Earle of Aboyn and others abovenamed and Sir James Stewart Her² Majesties Advocat Mr David Dalrymple Mr James Mackenzie Mr William Carmichell Mr William Calderwood and Mr Robert Forbes senior Compearing as Advocats for the said Gordon of Camdell and Mr James Nesmyth Mr Francis Grant and Sir Alexander Cumming Compearing as Advocats for the saids Earle of Aboyn Lairds of Grant Knockespocks elder and younger and Glenbucket and the Lauers for both parties being fully heard at the Councill barrr The Councill Nominated and Appoynted a Committie of their oune number to endeavour to setle and agree both parties in the matter mentioned in the said petition and ansuers made therto and the said Commity haveing Failzied to setle and agree the saids parties and the saids Lords of His Majesties privie Councill haveing this day considered the said petition with the ansuers forsaid made therto by the abovenamed Earle and others in their oune presence They Doe heirby Grant personall protection To Donald Camron somtyme in Camiserach Alexander Menzies in Kinilacher John Roy Menzies alias M’coile vick Indue John M’artur somtyme in Carie Brother to Robert M’artur of Aird Angus M’oile vc Ian due vig in […] Rorie Kennedie in Camiserach Callum Breack M’Ian vic phadrick on Glengairdine Grigor Breack M’Ian vic phadrick³ his brother in Daocharn John Crookshank younger in Kinaira, William Bain M’pherson in Pitgalish as necessary witnesses in the above proces from the first day of June nixt to the first day of July therafter Riserveing all objections which may be made against them when they are Laid as witneses as accords Heirby Dischargeing all Macers Messingers at armes officers within burgh or Landward to putt any Letters of Caption acts of warding or any other personall dilligence to execution against the forenamed persons untill the forsaid day Excepting alwayes His Majesties Rents and publict dues, subscribitur ut in sederunt