Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Sixth day of August one Thousand Seven hundred years

D1700/8/9

D1700/8/9¹

Act

Act Reponing James Dunbar against a Certificat

Anent a Petition given in to His Majesties high Commissioner and Lords of his Majesties privy Councill be James Dunbar of Dalcross shewing That wher the Lady Strowan for her self and as assigney to Margarat Robertson her daughter, and to John Robertson alias Gilibreck her ground officer with concourse of his Majesties Advocat hade raised a Complaint before the said Lords against Duncan Robertsone her sone, and others his accomplices for severall Ryots alleadged Committed by the said Duncan on the said Lady and her Cedents, Which Complaint makes mention that the petitioner became Cautioner of Laborowes acted in the saids Lords books for the said Duncan under the paine of one Thousand merks Bot bears no warrand to cite the petitioner, notwithstanding quherof the petitioner gott ane full Copie of the said Complaint given him to Compear before the saids Lords upon the Threttie day of July last by past, and though the petitioner was nowayes concerned with the matter of the Complaint, yet he did wait in the Councill outter room upon the said Threttie day being Tuesday and the Thursday therafter at either of which dyets the said Complaint was not called or insisted in, Bot on the Frayday therafter the said Lords haveing sett the said Complaint was called, Tho the pursuer was absent and Certification granted against the petitioner Against which it was not doubted Bot the Lords would repone the petitioner Because primo the petitioner would make it appear that the subject of the Complaint does nowayes concerne the petitioner as actor Airt or part Secundo the Letters bears no warrand for citeing of the petitioner as his copie therwith produced would testifie Tertio the petitioner could instruct by severall famous witnesses and servants about the Councill Chamber that the petitioner attended the forsaid two dyets of Councill and that same day the forsaid Complaint was called the petitioner was ready to have Compeared hade the petitioner knowen what the saids Lords would have medled in any privat Bussines, and besides the petitioner could instruct that the petitioner had stayed in toune of Edinburgh because of the Citation given the petitioner on the said Complaint more then thir twenty dayes And Therfore Humbly supplicating the saids Lords to the effect aftermentioned as the said petition bears His Majesties privy Councill haveing Considered the above petition given in to them be James Dunbar of Dalcross They have Reponed and hereby Repones the petitioner against the above Certificaitone dated the second day of August instant and discharges the Extracting of the said Certificatione against the petitoner