Act, 28 December 1693, Edinburgh

Eodem die Post meridiem

D1693/3/24

D1693/3/24¹

Decreet

Decreet Sir James Ramsay Against The Earle Seaforth

Anent the bill of suspensione given in and presented to the Lords of their Majesties privy Councill in name and behalf of his factor and tenants Shewing That quher James Ramsay of Logie hade upon his pretended macer raised other letters and therwith caused charge the petitioner to make payment to him of the soume of thrie thousand merks Scots money alledged modified Decerned and Ordained to be payed to the charger out of the first and readiest of his fortune and estate or any part therof without distinction Conforme to ane pretended act or Decreet alledged given and pronunced be the saids Lords theranent upon the Eleventh day of October last bypast And that within ane Certaine short space nixt after the charge under the paine of rebellion and puting of the petitioner to the horn and poynding his goods and geir therfore most wrongeously and unjustly Considering It is of veritie That primo the interloquitor quherupon the forsaid act is extracted Is pronunced and given furth against the petitioner in absence for no other reasone Bot because he hade failled to give in answers to the chargers petition which he could not performe haveing never seen the bill nor having his ordinary Lawier in toue at that tyme For if the petitioner hade knowen of the bill he would as he now doe be way of Reductione and suspensione given in these unanswerable reasones why he could not be Lyable to the Charger in a Farthing Primo as to the depositiones produced be the Charger emitted be the Viscount of Tarbatt and John Keirrie he be his former answers to preceiding bills suficiently convinced the saids Lords that ther was no obligation wuld be fixt therby upon the petitioner seing it would be a practise of most dangerous consequence, And which is wholly reprobat in our Law to inferr any obligatione by the depositiones of extrinsick witnesses Secundo the petitioner haveing allready deponed very clearly and ingeniously according to his knowledge negative to the haill points of Sir James his Lybell and interogators Bounded theron, he humbly conceaved ther was no place left for the charger to vex or trouble the petitioner any Further upon the grounds of the said Lybell unles some new matter of fact hade been represented and proved And it was never heard that a party haveing deponed according to his knowledge his depositione could be redacqued by any other persones oathes and if such prepratives ware sustained that the giveing in of Clamerous bills by parties after lossing their causes through the defenders denying Lybells referred be the pursuers to their oathes and accordingly deponed negative Sentances might or should be pronunced meerly upon the account of no answers being given to such Clamerous bills no party whatsomever can be secured by his negative oath, And he may be ruined particularly in his fortune by others his Creditors who being encouraged by such a preprative might follow the same methods and render him Miserable And upon the which reasones of the petitioner hade been heard no Justice wuld have Decerned him to pay ane farthing to the charger, And so the saids Lords might evidently perceive etc And he was instantly content to discuss the reasones on the bill And Therfore etc: And Therfore Craveing the saids Lords to grant warrand for citeing the said Sir James Ramsay charger to have² Compeired before the saids Lords at ane certaine day now bygone Bring with him the forsaid act and letters of horning raised theron To have been seen and Considered be the saids Lords And to heard and seen the samen simpliciter suspended upon the said suspension in all tyme comeing for the reasones and Causes forsaid and answers, as the said bill of suspension bears The Lords of his majesties privy Councill haveing the bill of suspension given in to them be the Earle³ of Seaforth against Sir James Ramsay with the answers given in therto be the said Sir James, They In Respect of the saids answers and of the chargers Sterving conditione Finds the letters orderly proceided against the Earle of Seaforth suspender for the Soume of Ane Thousand punds scots of the Soume of Thrie Thousand merks charge And suspends the letters Simpliciter against the suspension for the Supperplus incaise the suspender make payment to the charge of the said soume without farder Dilligence, quherin if he faillie Finds the letters orderly proceided for the said haill soume of Thrie Thousand merks contained in the act of Councill charged on.