Decreet, 24 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/281

Decreet

Decreit Rasper Against Viscount of Kenmuir

Anent the bill of Suspensione given in and presented to the Lords of their majesties privy Councill be Alexander Viscount of Kenmuir and William Gordon his Servant Shewing That quher the petitioners are Charged at the instance of Margrat Rasper relict of the deceast John Chambers of Knockman and Mary Corbie her daughter To Compeir before the saids Lords upon the tenth day of september last by past to have ansuered to the gronds of a Complaint raised at their instance against the petitioners for alledged wrongeous ejecting of her out of the lands of Knockman and spulzieing and a way takeing of goods and geir And Comitting of severall other deeds and acts of Ryot in maner particularly mentioned in the said Lybell, Which being called be the saids Lords wpon the thrid day of november last by past The saids Lords by their interloquitor of that date In Respect of the petitioners absence granted certificatione against them and ordained letters of Denunciation to be direct against the petitioners Commanding messengers at arms to Denunce the petitioners their majesties rebells And put them to their highnes horne and ordaines all their moveable goods and geir to be escheat and in brought to their majesties use for their contemptione and Disobedience and accordingly the saids Margrat Rasper and2 Mary Corsbie haveing (as the petitioners is informed) Denunced the petitioners rebells and registrated them to the horn most wrongeously and unjustly Considering It is of veritie that the day and Dyet of appearance haveing been the tenth of september as said is It is evident by the Coppie of the letters under Hew Donaldsone messenger his hand albeit the Suspenders came into attend and answear to the said Calumnious and malicious charge, yet ther was no Councill keeped that day nor upon any certaine prefixt day, untill the sescion tyme in November Wherby the said suspenders conceaved themselves in Tuto to Repair home and not to compeir till they hade been of new cited, The said dyet of Appearance haveing been aither deserted or discontinued as they hade reason to suppose and it they hade been cited of new, They would have Compeired and alledged Lykas the suspenders now alledge That the said Lybell and complaint against them was most false and Calumnious for what ever the petitioners did in relation to the pretended ejectione and spulzie Complained upon the samen was done authore prextore in the due and ordinary Course of Law, Be vertue of a Decreet of removeing obtained before the Lords of Sessione and letters of ejectione following therupon, And be vertue of Decreets and letters and precepts of poynding which shall be fully made appear to the saids Lords at Discussing heirof, In Respect quherof the forsaid Certificatione against the petitioners ought to be taken of and the saids letters of Denunciatione suspended and the petitioners relaxed And Therfore Humbly Craveing the saids Lords to Grant letters to Comand and charge the saids Margrat Rasper and Mary Corsbie her daughter to have Compeired before the saids Lords at ane certaine day Bring and with them the forsaid letters of Denunciatione To have been seen and Considered be the saids Lords And to have heard and seen the samen suspended and the petitioners relaxed as the said bill bears. The Lords of their majesties Privy Councill Haveing Considered this bill of Suspensione given in to them be the above Viscount of Kenmuir and William Gordon against Margrat Rasper and her daughter and ansuers made therto, Both parties being called and the Viscount Compeiring be Mr Rorie Mckenzie junior advocat And the said Margrat Rasper Compeiring Personally for her self and daughter with James Stewart senior advocat The Lords of their majesties privy Councill Modifies the soume of Two hundred merks to be payed by the Viscount of Kenmuir to the said Margrat Rasper for the expenses and trouble she has allready been at in the above Lybell and upon payment therof Repones the said viscount against the Certification formerly pronunced in the principall Lybell against him and Denuncatione following theron And assignes the first Councill day of June nixt to the said Margrat Rasper and her daughter to insist and the said Viscount and William Gordon To answer in the forsaid Lybell and to the pursuars for adduceing of their witnesses with certificatione etc and ordaines letters of horning to be direct at the instance of the said Margrat Rasper against the said Viscount of Kenmuir one six dayes and others neidfull in forme as effeirs for payment of two hundred merks of expenses.

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/281

Decreet

Decreit Rasper Against Viscount of Kenmuir

Anent the bill of Suspensione given in and presented to the Lords of their majesties privy Councill be Alexander Viscount of Kenmuir and William Gordon his Servant Shewing That quher the petitioners are Charged at the instance of Margrat Rasper relict of the deceast John Chambers of Knockman and Mary Corbie her daughter To Compeir before the saids Lords upon the tenth day of september last by past to have ansuered to the gronds of a Complaint raised at their instance against the petitioners for alledged wrongeous ejecting of her out of the lands of Knockman and spulzieing and a way takeing of goods and geir And Comitting of severall other deeds and acts of Ryot in maner particularly mentioned in the said Lybell, Which being called be the saids Lords wpon the thrid day of november last by past The saids Lords by their interloquitor of that date In Respect of the petitioners absence granted certificatione against them and ordained letters of Denunciation to be direct against the petitioners Commanding messengers at arms to Denunce the petitioners their majesties rebells And put them to their highnes horne and ordaines all their moveable goods and geir to be escheat and in brought to their majesties use for their contemptione and Disobedience and accordingly the saids Margrat Rasper and2 Mary Corsbie haveing (as the petitioners is informed) Denunced the petitioners rebells and registrated them to the horn most wrongeously and unjustly Considering It is of veritie that the day and Dyet of appearance haveing been the tenth of september as said is It is evident by the Coppie of the letters under Hew Donaldsone messenger his hand albeit the Suspenders came into attend and answear to the said Calumnious and malicious charge, yet ther was no Councill keeped that day nor upon any certaine prefixt day, untill the sescion tyme in November Wherby the said suspenders conceaved themselves in Tuto to Repair home and not to compeir till they hade been of new cited, The said dyet of Appearance haveing been aither deserted or discontinued as they hade reason to suppose and it they hade been cited of new, They would have Compeired and alledged Lykas the suspenders now alledge That the said Lybell and complaint against them was most false and Calumnious for what ever the petitioners did in relation to the pretended ejectione and spulzie Complained upon the samen was done authore prextore in the due and ordinary Course of Law, Be vertue of a Decreet of removeing obtained before the Lords of Sessione and letters of ejectione following therupon, And be vertue of Decreets and letters and precepts of poynding which shall be fully made appear to the saids Lords at Discussing heirof, In Respect quherof the forsaid Certificatione against the petitioners ought to be taken of and the saids letters of Denunciatione suspended and the petitioners relaxed And Therfore Humbly Craveing the saids Lords to Grant letters to Comand and charge the saids Margrat Rasper and Mary Corsbie her daughter to have Compeired before the saids Lords at ane certaine day Bring and with them the forsaid letters of Denunciatione To have been seen and Considered be the saids Lords And to have heard and seen the samen suspended and the petitioners relaxed as the said bill bears. The Lords of their majesties Privy Councill Haveing Considered this bill of Suspensione given in to them be the above Viscount of Kenmuir and William Gordon against Margrat Rasper and her daughter and ansuers made therto, Both parties being called and the Viscount Compeiring be Mr Rorie Mckenzie junior advocat And the said Margrat Rasper Compeiring Personally for her self and daughter with James Stewart senior advocat The Lords of their majesties privy Councill Modifies the soume of Two hundred merks to be payed by the Viscount of Kenmuir to the said Margrat Rasper for the expenses and trouble she has allready been at in the above Lybell and upon payment therof Repones the said viscount against the Certification formerly pronunced in the principall Lybell against him and Denuncatione following theron And assignes the first Councill day of June nixt to the said Margrat Rasper and her daughter to insist and the said Viscount and William Gordon To answer in the forsaid Lybell and to the pursuars for adduceing of their witnesses with certificatione etc and ordaines letters of horning to be direct at the instance of the said Margrat Rasper against the said Viscount of Kenmuir one six dayes and others neidfull in forme as effeirs for payment of two hundred merks of expenses.

1. NRS, PC2/24, 44r-45r.

2. The word ‘Margrat’ scored out here.

1. NRS, PC2/24, 44r-45r.

2. The word ‘Margrat’ scored out here.