Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh the Nynth day of January One thousand Seven hundred years

D1700/1/6

D1700/1/6¹

Act

Act William Anderson against John Crafurd agent for Roscoby

Anent the petition given in to the Lords of his Majesties privy Councill be William Andersone later Dean of Gild of Dumermling Shewing That in the proces depending before the saids Lords at the petitioners instance Against Allan Walkinshaw for the highneous Ryot and Manifold oppressions Committed by him against the petitioner of sett purpose and designe to reduce him to beggery by Screwing up a pretended debt against the petitioner for a farr greater Soume then ever the petitioner was due And Compelling the petitioenr to acknowledge the Same, For accomplishing of which wicked designe of his he took this most oppressive and Sinistreous methode amongst severall others, First gave order to James Muttray his attorny as he is designed in the executione produced by Walkinshaw himself to Seaze all the petitioners wrytes and papers under pretence of poynding the petitioners houshold goods, and in the nixt places least any of the petitioners papers might have Escaped their Malicious hands at the said pretended poynding they broke open the petitioners Latron and Cabinet and Suffered the petitioners wrytes and other papers to be dispersed and Scattered in the house upon the Stairs and Streets ther to be trampled upon torne and Caried away at the pleasure of all Comers and gangers, Which is not only clearly proven by the depositiones of severall witnesses taken before the Committie of the saids Lords number, Bot also that Walkinshaw himself and his agent produced before the petitioner in prisoner in the Cannogate Tolbooth at their instance severall bonds and other principall wrytes of the petitioners Which they hade most unwarrantably Seazed upon in maner forsaid, and their forced the petitioner to dispone the same to Walkinshaw And albeit the petitioner could have made it appear by discharges and other Documents in wryt that all the debt the petitioner was owing to Walkinshaw was not above Fiftie fyve pounds Sterling if the petitioners papers hade not been Imbazled in maner forsaid, And yet the petitioner was able to prove by witnesses above all exception that Walkinshaw acknowledged the same with the great Imprecationes upon himself if it was more according as the petitioner hade Lybelled But that the Committie demurr to examine witnesses upon this point of the petitioners Lybell untill they Imbazleing of the petitioners papers were proven And the saids Lords acquainted therwith Which is now fully and clearly done seing then that Walkinshawes Letter to Moultrey are in the hands of John Crafurd wryter his Agent And that Moultrey himself being cited as a witnes went away before his oath was Concluded, As also that the petitioner hade Clearly proven how the petitioners papers hade been Imbazled wherby it was absolutely necessary the witnesses be examined as to the forsaid point of the petitioners Lybell for Clearing how greivously the petitioenr hade been wronged and oppressed by Walkinshaw and Likewayes that he might not reap such unjust advantadge by his oun fraud and oppression And Therfore humbly Craveing the saids Lords would be pleased To ordaine the said John Crafurd Agent for Moultrey to exhibit and produce the Letters in the Clerks hands directed by Walkinshaw to him for seazing and Imbazleing the petitioners papers As Likewayes Grant Warrand to Seize and apprehend the said Multrey that he might come here and answer such Interrogators as should be put to him in the said matter before his oath be Concludit And in the mean time to allow the Comittie to take the Oathes and depositiones of the witnesses already cited upon the forsaid point of the Lybell against Walkinshaw As the said petition bears, The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above William Andersone and another by Allan Walkinshaw by way of answers therto They hereby Ordaine the above John Crafurd mentioned in Andersones bill Agent for Murray of Roscobie to exhibit and produce the Letters in the Clerks hands directed by Walkinshaw to Moultray of Roscoby for seazing and Imbazleing of Andersones papers, And Likewayes Grants Warrand to maccers of privy Councill or messengers at armes to seaze and apprehend the persone of the said Moultrey of Roscoby untill he Compear before the Committie appointed in the above process, and answer to such Interogators as shall be put to him in the above matter, And in the mean time delayes answers to the takeing the oathes and depositiones of the witnesses already cited upon the above point of the Lybell against Walkinshaw as to his acknowledging the quota of the debt is