Att Edinburgh the Seventh day of Aprile Jaj vic nyntie eight years
D1698/4/4
D1698/4/41
Act
Act Hamiltoune against William Mccaw
Anent the petitione given in to The Lords of his majesties privie Counsell 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 her Lordships against Mr Alexander Stevensone and George Andersone Narratting severall deeds violences and oppressioen alleadged Committed by them against him in Seasing and disposeing of his goods to the value of thrie Thousand pund But Lybelling nether violence nor wrong against the petitioner But only that he succeeded as Chamberland to the said Mr Alexander and ought to compt reckon and pay to the said William Mccaw of what was left by the said Mr Alexander and intrometted with by the petitioner As the Lybell qwoad the petitioner is altogither civill soe at the dyet of appeareance he was here and dureing his abode the said William Mccaw withdrew and never called his lybell But he no sooner offered to returne But in the Vaccance he calls and obtaines certificatione against which It being reponed and by reasone of his groeing infirmitie through age not being able to appear he prodwced a testificat of his infirmitie upon soule and conscience of the minister and magistrats of Mayboll wher he Lives And also that the process was altogither civill as to the petitioner and only competent befor the Judge ordinary ther Lordships being taken up with weightie maters yet ther Lordships were pleased to remit the Same to the Judge ordinary and ordained the petitioner to pay Ane hundereth merks of expensses As to which he beggs Libertie to represent that this William Mccaw persewer hes the benefite of the poors roll befor the Sessione and soe getts Summonds gratis and therwith oppresseth the countrie by giveing them citationes and takeing them back for rewards and small gratwities and now hes the Same benefite from ther Lordships and though 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 only head of inromissione with his goods as he who succeeded in the place of a former chamberland and which is altogither civill and competent befor the Judge ordinary And to convince ther Lordships that the petitioner never did him wrong or injure in caice he prevaill befor the Judge ordaines against the petitioenr for the Least farthing he is content to pay the expenss modified But if he doe not prevaill ther is Litle reasone to encourage Such clamorous persones with allowing them expenss in this most wnjust perswites And therfore Humbly creaving ther Lordships to remitt the cause to the Judge ordinary without expenss atleast to Superceed extracting therof untill the event of the process that it may appear whither he or the petitioner are in the wrong And in caise the Same be extracted to grant Suspensione therof without Cawtione or consignatione As the said petitione bears Which being this day read and considered be the saids Lords of his majesties privie Counsell and ansuers for William Mccaw They heirby Superceed any executione to be Done by the said William Mccaw against the petitioner for payment of the above soume of Ane hundereth merks untill the event of the process depending at William Mccaws instance against the petitioner for the alleadged Spwilezea mentioned in the petitione and allowes Suspensione to be expeded for the said Soume without Cawtione or consignatione
1. NRS, PC2/27, 108r-109r.
1. NRS, PC2/27, 108r-109r.