Att Edinburgh the Sixth day of Aprile Jaj vic nyntie seven yeirs
D1697/4/2
D1697/4/21
Act
Act Lady Graiden Against Leivetennent Chiseholm
Anent the petitione given in to the Lords of his majesties privie Counsell be Hellen Johnstoun Lady Graiden Shewing That wher the deceast Archibald Home Late Leivetennent Collonell to The Lord Lorn his regiment in Flanders her only Son haveing Dyed in Flanders by a Shott he receaved from the enemie in Namure He befor his decease Did by his Letter will nominat her2 dureing her lifetyme to Succeed to him as to what money was resting and owing to him any maner of way of his own acqwyreing And did recommend to Mr Graham agent for the said regiment what money was due to the petitioners son for her behoove due by the said regiment Conforme to ane accompt on the back of the said Letter will therwith prodwced In persewance wherof when Mr Graham was here in Scottland the petitioner did with her freinds meet and conveene with him who did own that he had intrometted with his horses eqwipage and some money But could not fullie cleare untill Mr Chiseholme the paymaister to the regiment were with him who haveing come to this place the petitioner endeavoured to have had a meeting with them But when Mr Graham heard Mr Chiseholme was come he imediatlie went off for London so that the petitioner was necessitat to follow and is now persweing for what was due by the said regiment befor the high Court Marishall in England and haveing lyen ther to my great expensses in prosecuteing the same Ther is a warrand from the said High court direct to the Viscount of Tiviot Ordering Mr Chiseholme to be furthwith Sent up that the mater may be examined In complyance to which order His Lordship did send for Mr Chiseholme and did intimat the said order to him who refwises to give obedience therto And it being impossible for the petitioner to gett her affaires ended wnles that Mr Chiseholme be sent up to ansuer to her claime Mr Graham Shifting upon that accompt And therfore humblie craveing to the effect eftermentioned As the Said petition bears The Saids Lords of his majesties privie Counsell haveing considered the above petition They heirby appoint the above James Chiseholme imediatlie to give3 bond and find Sufficient Cautione acted in the books of privie Counsell that (health serveing) he Shall appear and sist himself befor the High court marishall in England betuixt and the first day of May next to come wnder the penaltie of Ane Hundereth pund Sterleing besydes performance And ordaines Macers or messingers at armes to apprehend and incarcerar the said James Chiseholme in the tollbwith of Edinburgh or in the next prisone wher he beis apprehended wntill he give bond and find Cawtione in maner foirsaid
1. NRS, PC2/26, 343r-343v.
2. Insertion.
3. Corrected from ‘gigve’.
1. NRS, PC2/26, 343r-343v.
2. Insertion.
3. Corrected from ‘gigve’.