Decreet, 16 February 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the sixteinth day of February Jaj vjc nyntie two years

D1692/2/221

Decreet

Decreet absolvitor James Man Against Halgreen

Anent the Lybell raised and pursued before the Lords of Privy2 Councill at the instance of William Rait of Halgreen Mentioning That albeit be the very law of natur and by the foundatione and constitutione of all government and by the Lawes of every weell governed natione or comon wealth And by the lawes statutes and constant practise of this kingdome the contemning and dispenseing of the established lawes, and of the acts and sentances of lawfull Judges and Judicatures or the neglecting of the same and not giveing due obedience therto be high and attrocious crymes and severly punishable And Particularly by ane act of sederunt of the Lords of Councill and session dated the thrid day of Jully Jaj vjc seventie seven years It is espressly Declared that quher a bill of Suspension is past and intimat or Showen to the charger or to the messenger all executione is to sist upon the same for the space of fourtein dayes after the date of the deliverance posting the bill, yet true It is that the pursuar being debitor to Baillie James Man in Dundie in the soume of Two Thousand merks, And the said James haveing Caused registrat the pursuals bond and raised letters theron and Caused charge him to make payment, The said pursuar did present a bill of suspension to the Lords of Councill and session upon this most relevant reasone That a part of the soume in the bond charged for was payed and severall other Reasones Which bill the Lord ordinary to whom the same was presented Did ordaine the charger to see and answer and in the mean tyme sisted executione therupon for a Certaine Space, and therafter the Lord Crossrig being ordinary Lord for the tyme who hade given the forsaid sist haveing Considered the reasones of suspensione did pass the said bill upon the fifth day of January instant Which the pursual Caused intimat to the said charger by a messenger and was goeing on with expeding the said bill, and was about to find Cautione that he might have gott out letters of suspensione, And finding himself securred by the above act and the passing the said bill and the intimatione therof made to the charger as said is He the said charger did most presumpteously in high and proud contempt of his majesties authoritie and particularly of the above act of Sederunt and past bill of suspensione and intimation therof made to him most Illegally proceid and goe on in his dilligence against the pursuar up on his former letters and Caused Denunce and registrat him at the horne and raised Caption theron and Imployed a messenger to apprehend his persone before escapeing of the said space of Fourtein dayes after elapsing of the said bill and has Caused arreist all his fermes dewties and debts owing to the pursuar Wherby the said James Man is guilty of ane high and manifast contempt of his majesties authoritie and Lawes and of the authoritie of the Lords of session and their acts of Sederunt and of ane attrocious Ryot Comitted by him upon the pursuars persone And Therfore not only ought the forsaid dilligence done by the said James after the passing of the said bill and before the fourtein dayes allowed by the act of sederunt was elapsed either against the pursuars persone or means and estate to be declared null and of no effect as if the Samen hade never been done or used Bot also the said James Ought and should be severly punished in his persones and goods and fyned in the soume of […] To be payed to the pursuar for the expences sustained be him In Repelling of the unjust and Illegall executione done by him against the said pursuar Spret mandat Judicis to the terror of others to Committ and doe any such Illegall acts or to be guiltie of such high and proud contempt of their majesties authoritie and lawes and of the acts and sentances of the Lords of Session in tyme comeing And Anent the charge given in to the said James Main defender To have Compeired before the saids Lords of Councill at any Certain day bygone To have answered to the points of the abovewritten Complaint and to have heard and seen not only the dilligence done by the said James after passing of the said bill and before fourtein dayes allowed by act of Sederunt was elapsed either against the pursuars person or meins and estate to be declared null and of no effect as if the samen hade never been done or ased Bot also to have heard and seen such order and course taken theranent as the saids Lords should think fitt as the Lybell and executiones at leanth bears The Which Lybell being called and the pursuar Compeiring personally with Mr George Alexander advocat And the defender Compeiring also personally with Sir James Ogilvie advocat, And the lybell and answers made therto for the defender with a petitione given in be the defender to the Lords of Session with the interloquitor of the saids Lords theron of this dayes date Being read in presence of the Lords of Councill and both parties and their procurators being fully heard and the defender haveing given his oaths at the barr that he did not denunce the pursuar untill the twentie first day of January last And the saids Lords of privy Councill Haveing Considered the above Lybell and answers and wrytes produced for the pursuar with the defenders oath taken in manner forsaid They Find the Lybell not proven, And Therfore Assoylzies the defender from the points and articles therof.

Edinburgh the sixteinth day of February Jaj vjc nyntie two years

D1692/2/221

Decreet

Decreet absolvitor James Man Against Halgreen

Anent the Lybell raised and pursued before the Lords of Privy2 Councill at the instance of William Rait of Halgreen Mentioning That albeit be the very law of natur and by the foundatione and constitutione of all government and by the Lawes of every weell governed natione or comon wealth And by the lawes statutes and constant practise of this kingdome the contemning and dispenseing of the established lawes, and of the acts and sentances of lawfull Judges and Judicatures or the neglecting of the same and not giveing due obedience therto be high and attrocious crymes and severly punishable And Particularly by ane act of sederunt of the Lords of Councill and session dated the thrid day of Jully Jaj vjc seventie seven years It is espressly Declared that quher a bill of Suspension is past and intimat or Showen to the charger or to the messenger all executione is to sist upon the same for the space of fourtein dayes after the date of the deliverance posting the bill, yet true It is that the pursuar being debitor to Baillie James Man in Dundie in the soume of Two Thousand merks, And the said James haveing Caused registrat the pursuals bond and raised letters theron and Caused charge him to make payment, The said pursuar did present a bill of suspension to the Lords of Councill and session upon this most relevant reasone That a part of the soume in the bond charged for was payed and severall other Reasones Which bill the Lord ordinary to whom the same was presented Did ordaine the charger to see and answer and in the mean tyme sisted executione therupon for a Certaine Space, and therafter the Lord Crossrig being ordinary Lord for the tyme who hade given the forsaid sist haveing Considered the reasones of suspensione did pass the said bill upon the fifth day of January instant Which the pursual Caused intimat to the said charger by a messenger and was goeing on with expeding the said bill, and was about to find Cautione that he might have gott out letters of suspensione, And finding himself securred by the above act and the passing the said bill and the intimatione therof made to the charger as said is He the said charger did most presumpteously in high and proud contempt of his majesties authoritie and particularly of the above act of Sederunt and past bill of suspensione and intimation therof made to him most Illegally proceid and goe on in his dilligence against the pursuar up on his former letters and Caused Denunce and registrat him at the horne and raised Caption theron and Imployed a messenger to apprehend his persone before escapeing of the said space of Fourtein dayes after elapsing of the said bill and has Caused arreist all his fermes dewties and debts owing to the pursuar Wherby the said James Man is guilty of ane high and manifast contempt of his majesties authoritie and Lawes and of the authoritie of the Lords of session and their acts of Sederunt and of ane attrocious Ryot Comitted by him upon the pursuars persone And Therfore not only ought the forsaid dilligence done by the said James after the passing of the said bill and before the fourtein dayes allowed by the act of sederunt was elapsed either against the pursuars persone or means and estate to be declared null and of no effect as if the Samen hade never been done or used Bot also the said James Ought and should be severly punished in his persones and goods and fyned in the soume of […] To be payed to the pursuar for the expences sustained be him In Repelling of the unjust and Illegall executione done by him against the said pursuar Spret mandat Judicis to the terror of others to Committ and doe any such Illegall acts or to be guiltie of such high and proud contempt of their majesties authoritie and lawes and of the acts and sentances of the Lords of Session in tyme comeing And Anent the charge given in to the said James Main defender To have Compeired before the saids Lords of Councill at any Certain day bygone To have answered to the points of the abovewritten Complaint and to have heard and seen not only the dilligence done by the said James after passing of the said bill and before fourtein dayes allowed by act of Sederunt was elapsed either against the pursuars person or meins and estate to be declared null and of no effect as if the samen hade never been done or ased Bot also to have heard and seen such order and course taken theranent as the saids Lords should think fitt as the Lybell and executiones at leanth bears The Which Lybell being called and the pursuar Compeiring personally with Mr George Alexander advocat And the defender Compeiring also personally with Sir James Ogilvie advocat, And the lybell and answers made therto for the defender with a petitione given in be the defender to the Lords of Session with the interloquitor of the saids Lords theron of this dayes date Being read in presence of the Lords of Councill and both parties and their procurators being fully heard and the defender haveing given his oaths at the barr that he did not denunce the pursuar untill the twentie first day of January last And the saids Lords of privy Councill Haveing Considered the above Lybell and answers and wrytes produced for the pursuar with the defenders oath taken in manner forsaid They Find the Lybell not proven, And Therfore Assoylzies the defender from the points and articles therof.

1. NRS, PC2/24, 26r-27v.

2. Insertion.

1. NRS, PC2/24, 26r-27v.

2. Insertion.