Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie one day of December J^aj vi^c nyntie Seven yeirs

D1697/12/9

D1697/12/9¹

Decreet

Decreit Suspending the Letters Simpliciter The tennents of Hallgrein Against The Laird of [Hallgrein]

Anent the bill of Suspensione presented to the Lords of his majesties privie Counsell be Robert Hamptowne in the Maines of Hallgrein Agnes Hendersone in Gowrdown James Dickie ther Thomas Folly in Hillsyde Andrew Stevensone and John Watt ther and others the tennents of Hallgrein Shewing That wher they are lately charged be vertue of Letters of horning raised at the instance of George Drumond keeper of the tollbooth of Edinburgh (assigney efterspecified) by ane pretended act of ther Lordships of the Date the Sixth day of October Last bypast modifieing the Soume of five Hundereth merks to be payed to William Rait of Hallgrein for his aliment and contained in ane pretended assignatione made and granted be the said William Rait of Hallgrein to the said George Drumond of the date the threttein day of the said moneth of October Last by past to make payment to the said George Drumond of the said Soume of five hundereth merks in maner following viz the said Robert Hamptowne of the Soume of Ane hundered punds the said Agnes Hendersone Sixtie Six threttein Shilling four pennies The said James Dickie Seventie punds The Said Thomas Thomas Folly Threttie punds the said Andrew Stevensone Fourtie punds And the said John Watt twentie six pund threttein Shilling four pennies And that within ane certaine Short Space under the paine of rebellione and pwtting of them to the horne most wrongouselie and wnjwstlie Considering it is of veritie that they cannot make payment of the foirsaids Soumes charged for, for the reasones and Causses following First because neither they nor any of the creditors of Hallgrein were cited to the modifieing of the foirsaid aliment But upon applicatione to ther Lordships be ane bill given in be the said William Rait of Hallgrein without any citatione given therupon to them or any of the creditors the said William Rait obtained ane act in his favoures Wheras if the petitioners or the creditors of Hallgrein had bein Summoned they would have Compeared and alleadged Lykeas they now alleadge that ther could be no aliment modified to the said William Rait in soe far as The creditors of Hallgrein are in the actwall possessione of the Lands of Hallgrein by reall rights and ane factor setled be the Lords of Sessione for uplifting of the rents threof for the behove of the creditors And so this being the propertie of the creditors no pairt therof could be given off to Hallgrein for aliment Especiallie Considering that Hallgrein was imprisoned for his misdemainers towards The Lords of Sessione and not at the instance of the creditors And Secundo The said William Rait of Hallgrein his Lady haveing gott the gift of her husbands estate and preferred to all her husbands creditors qwoad fiftein chalders of victwall and wherof She is in peaceable possessione She owght out of this to aliment her own husband Especiallie Seing that this propperly belongs to the creditors Tertio That William Rait of Hallgrein haveing ravished and taken from the tennents by violence the rents of Hallgrein of the cropts J^aj vi^c nyntie four J^aj vi^c nyntie five and J^aj vi^c and nyntie Six albeit ther was ane factor setled be the Lords of Sessione for uplifting therof to the behove of the creditors The which is offered positively to be proven by the tenents or otherwise that he or some in his name did the Same so that these rents were ane Sufficient fond to have alimented ane Sober gentleman for many yeirs and which he Spend in a verie Short tyme And its hoped in Jwstice he will not be indulged to have any Share in this yeirs rent Qwarto esto ther were any aliment dwe by the creditors as is mordicus contended ther is not yet the petitioners the foirsaids tennents cannot be lyable for payment of what they are charged for till the Same be dwe and ita estibur rents are not payable till Candlemise and whitsonday next and yet they are charged instantly to make payment therof as is cleare by the charges therwith produced to ther Lordships And if they are thus wrongouslie charged instantlie to make payment therof as is cleare befor the termes of payment soe they are exorbitantlie charges for greater Soumes then they pay and for money rent wheras most of them pay only victwall From all which it is obviows to ther Lordships how wrongousely they are charged All which pleads for ane Suspensione from ther Lordships And nevertheles for obedience they are content to find and become Cautioners for ilk one another that they Shall make payment of the foirsaids Soumes charged for in caise it be fownd by ther Lordships that they ought Soe to doe And Therfor etc Beseeching ther Lordships that they may have Letters to Sumond the Saids George Drumond and William Rait personallie etc to compear befor ther Lordships at ane certaine day bringing with them the foirsaid pretended Letters and charges and executiones of the Same and haill grownds and warrands therof to be Sein and considered by ther Lordships and to hear and Sie the Samen Suspended and to Suspend and discharge in Commwni forma As the bill of Suspensione at more Lenth bears Which bill of Suspensione being this day called in presence of the Lords of his majesties privie Counsell and the Suspenders Compeareing be Mr Francis Grant advocat who Compeared also for the creditors of Hallgrein And The Laird of Hallgreine and his assigney chargers Compeareing be Mr Roderick McKeinzie Jwnior ther Advocat Bothe pairties Lawiers being fullie heard The saids Lords of his majesties privie Counsell Sustains the reasones of Suspensione And have Suspended and heirby Suspends the Saids Letters and charges raised and execute at the chargers instance against the Saids Suspenders Simpliciter against the saids chargers in all tyme comeing