Act, 6 October 1697, Edinburgh

Att Edinburgh the Fiffth of Auwgust J^aj vi^c nyntie seven yeirs postmeridiem

D1697/8/13

D1697/8/13¹

Act

Act Robert Hamiltowne

Anent the petitione given in to the Lords of his majesties privie Cownsell be Robert Hamiltowne Late chamberland to the deceast Countess dowager of Cassills Shewing That wher William Mccaw sometyme tennent in Trochen haveing raised ane lybell befor ther Lordships against Mr Alexander Stevensone and George Andersone Narrateing severall Deeds violence and oppressione alleadged Committed by them against him in seasing and disposeing of his goods to ther value of Thrie Thowsand pwnd But lybelling neither violence nor wrong against the petitioner But only that he Succeeded as chamberland to the said Mr Alexander and owght to compt reckon and pay to the said William Mccaw of what was left by the said Mr Alexander and intrometted with by him As the lybell qwoad the petitioner is altogither civill soe at the dyet of the appeareance he was ther and dureing his aboad he withdrew and never called his lybill But the petitioner no Sooner offered to returne But in the vaccance he calls and obtaines certificatione against which the petitioner being reponed and by reasone of his growing infirmitie through age not able to appear the petitioner prodwced a testificat of his infirmity upon Soule and conscience of the ministers and magistrats of Mayboll where he Lives And also that the process was altogither civill as to him and only competent before the Jwdge ordinarie Ther Lordships being taken up with weightie maters yet ther Lordships were pleased to remite the same to the Judge ordinar and ordained the petitioner to pay Ane Thowsand merks of expensses As to which the petitioner beggs Libertie to represent that this William Mccaw persewar hes the benefite of the poors roll befor the Session and soe getts Summonds gratis And therwith oppresses the Countrey by giveing them citatione and takeing them back for rewards and Small gratwities And now hes the Same benefite from ther Lordships clerks And thowgh his lybell bears nothing of wrong or violence Done by the petitioner to him yet the petitioner is putt in the close of a lybell against others upon this onlie head of intromissione with his goods as he who Succeeded in the place of a former Chamberland which is altogither civill and competent befor the Judge ordinary And to convince ther Lordships that the petitioner never did him wrong or injurie in caise he prevaill befor the Judge ordinar against him for the Least farthing the petitioner is satisfied to pay the expenses modified But if he Doe not prevaill ther is Litle reasone to incourage Swch clamorows persones with allowing them expensses in ther wnjust perswuites And therfore humbly craveing ther Lordships to remit the Cause to the Judge ordinar without expensses atleast to Superceed extracting therof untill the event of the process that it may appeare whither he or the petitionre are in the wrong And in caise the Same be extracted to grant Suspensione therof without Cautione or consignatione As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They doe heirby allow the above William Mccaw to Sie and answer the Same and in the mean tyme Stopps extracting till the Counsell give furder order and Stopps executione upon the former act or order of Counsell in the mean tyme As to all therin Contained