Act, 6 October 1697, Edinburgh

Att Edinburgh the Eightein day of March J^aj vi^c nyntie seven yeirs

D1697/3/9

D1697/3/9¹

Decreet

Interloquitor Mr Jack and his majesties advocat Against Mr Wilkie Kirkwood and Douglas

The lybell at the instance of Mr William Jack minister at Kelso Against Mr John Wilkie and Mr James Kirkwood And the lybell John Earle of Roxburgh Against Mr James Dowglas being this day called in presence of the Lords of his majesties privie Counsell And his majesties advocat and Mr William Jack Compeareing personallie And the said Earle of Roxburgh Compeareing by John Lord Yester one of his tutors with Sir Patrick Home and Sir David Thores his advocats and the saids Mr John Wilkie being absent oft tymes called and not compeareing and the said Mr James Kirkwood Compeareing also personallie with the said Sir Patrick Home and Sir David Thores his Advocats and the said Mr James Dowglas Compareing also personallie with Mr David Forbes his Advocat who compared also as advocat for the said Mr William Jack The lybell against Mr Wilkie and Kirkwood with the ansuers made therto for the said Mr Kirkwood being read and the saids Lords haveing considered both lybells They Doe heirby grant certificatione against the said Mr John Wilkie in respect of his absence and not compeareance And ordaines Letters of Denunceatione to be Direct to macers or messengers at armes to Dwely Laufullie and orderlie Denunce the Said Mr John Wilkie his majesties rebell Escheat and inbring all his moveable goods and geir to his majesties wse for his contempt and Disobedience And the saids Lords refwises to receave witnesses upon the said lybell against Mr Kirkwood but Suffered the Samen to fall and nominats and appointes the Earle of Leven The Lord Advocat the Lord Philliphawgh and the Lord proveist of Edinburgh to be a Comittie to Speake with persewers and defenders in both the saids processes except Mr John Wilkie against whom certificatione is granted as said is and to recomend to Mr William Jack and Mr James Kirkwood to returne to ther respective homes and to Live at peace one with other and to endeavoure to preserve the peace of the place wher they Live and to recomend to the said Committie to Endeavoure to Setle and agrie the Earle of Roxburgh and Mr James Dowglas in the proces raised at the Earles instance against the said Mr James and recomends to them to discuss and send home the witnesses in both the saids processes and to meet the morrow at ten in the foirnoon And appoints any two of the said Comitie to be a Sufficient qworwm And in caise they Shall not Setle the Said process to report