Act, 29 December 1692, Edinburgh

Edinburgh the nynth day of August J^aj vj^c Nyntie two years Ante Meridiem

D1692/8/23

D1692/8/23¹

Act

Act Howames elder and younger

Anent the petition given in to the Lords of their majesties privy Councill be John Hownames elder and younger merchants in Langholme Shewing That wher the petitioners ware cited to Compeir before their Lordships to two severall dyets viz the said John Howname younger till the twentie first day of June last and the said John Howname elder to the twentie one day of Jully Also last as the said Coppies presents to show would testifie To answer to the complaint given in against them before their Lordships raise at the instance of James Irvine and John Wauch waitters in Alison Bank and Gilbert Eliot with concourse of their Majesties Solicitor And Albeit that he the said John Howname elder Did attend that he the said John Howname elder Did attend upon their Lordships at the forsaid dyet in obedience to his citatione and has constantly waitted on here to his great expences and loss of his trade ever since, And that upon the twentie Eight day of Jully last by past at the calling of the said complaint He did compeir personally and hade his answers Lying in the Clerks hands wher they yet are Neverthless unhapily being Desyred by the agent to goe for Mr James Daes his advocat (not knowing the hazard of his not being personally present, at the barr when called being ane Innocent and harmeless man as is notour and altogither Ignorant of the Law) Before he could returne againe to their Lordships to have answered for himself Finding his advocat to have gone out of Toune without his knowledge about his Lawfull affairs, The cause was over and ane Certification granted against them without hearing their saids answers which ware suficient to have assoylzied them being no wayes guiltie of the facts Lybelled against them And Seing that the was most Innocently and accedentially absent, But the minute after calling of the said Complaint against him, The said John Howname elder as said is, And that he has waited since the twentie first day of Jully And he has still waited on their Lordships and was ready to free and acquyt himself of the said Complaint, And that he the said John Howname younger came to toune and attended the twentie one day of June last which was the dyet of his Compeirance and waited on untill the twentie fifth day of Jully last, And the dyet being therby diserted and he never called his advocat Judged it unneccessary for him to stay longer, And assured him that he was in tuto untill he received a new citatione And yet he was called in the same Complaint with the said John Howname elder and Certificatione was Lykewayes granted against him Wherby he Humbly conceaved himself extreamly wronged and prejudged by the pursuars And Therfore Humbly Craving their Lordships would take the premisses to their Secions consideratione, And to Repon the saids petitioners against the said Certificatione to their Just and lawfull defences aginst the said Calumnious complaint wherof nothing is yet extracted (Being all wayes ready to attend their Lordships when called for) For the reasones abovementioned according to Justice and their Lordships laudable custome, The Lords of their Majesties privy Councill, Haveing Considered the said petition given in to them be the saids John Hownames elder and younger with the report made verbally be the Comittie of Councill To whom It was Remitted to consider the said petitione and the Lybell at the instance of the said James Irvine and John Wauch quherin ther is certification granted against the said petitioners They heirby Repon the saids petitioners against the forsaid Certificatione And Discharges extracting therof The saids petitioners allwayes makeing present payment to the pursuars of the forsaid Lybell of the Soume of Threttie Eight punds Eight shilling scots for defraying their expences in bringing the witnesses cited in the said proces to Edinburgh and of detaineing the saids witnesses therat for severall dayes Reserving allwayes to the saids Lords of Privy Councill to determine at the conclussion of the cause if the pursuars should reformed the said soume now Modified in caice they shall succumb in proveing of the Lybell, And Ordained the said petitioner to find suficient Cautione cited in the books of privy Councill that they shall keep the peace and not Disturb the same, and that in particullar they shall not trouble or molest any of their Majesties waitters In the executione of their offices under the penalties prescryved by act of Parliament, And accordingly they are become Cautione one for the other conforme to express warrand of Councill And have Assigned and heirby assignes the first Councill day of november nixt to come to the saids pursuars for aducceing of the witnesses formerly cited be them to appear before the Councill, And if need bees allowes letters of furder dilligence to be direct against the said witnesses for that effect, And ordaines both parties pursuars and defenders to attend the said day with certification as accords And Ordaines letters one fiftein dayes and others needfull to pass heiron