Warrant, 21 December 1699, Edinburgh

Att Edinburgh the Twentie Seventh of July J^aj vi^c Nyntie Nyne

D1699/7/12

D1699/7/12¹

Decreet

Decreit James Brown against The Laird of Foveraigne

Anent the bill of Suspension given in to the Lords of his Majesties privy Councill at the instance of Samuell Forbes of Foveraigne Against James Brown in Ethsie charger Shewing That wher Samuell Forbes of Foveraigne was lately charged be vertue of Letters of horning raised at the instance of James Brown sone to Patrick Brown in Ythsie, To make payment and Satisfaction to him of the Soume of Four hundred merks Scots money Contained in ane Decreet of Suspension obtained at the instance of the said James Brown against the said Samuell Forbes of Foveraigne before the saids Lords of privy Councill upon the fifth day of July J^aj vi^c nyntie Eight years And also to let the said James Brown have free access to his Chist in the petitioners house of Foveraigne and to transport the Samen to what place he pleased and to dispose therupon and what was therin at his pleasure conforme to ane act of the saids Lords of privy Councill dated the fourtein day of February Last by past, And that within ane Certaine Short Space nixt after the charge under the payn of rebellion and putin[g] the petitioner to the horne and for the petitioners alledged disobedience intends to cause Denounce him rebell and put him to the horn most wrongeously and unjustly Considering It is of verity 1o/ that the forsaid pretended decreet of Suspensione of the fifth of July J^aj vi^c nyntie Eight The Charger is ordained to find Sufficient Cautione acted in the saids Lords bookes That the four hundred merks charged for should be refounded in case by the event of the Compt and reckoning betwixt the said Samwell Forbes and James Brown it Should be found that he is debitor to the petitioner in alse much which to the petitioners knowledge was not yet done wherof the petitioner ought to be Certiorat to the effect the petitioner might have made his objections against the Sufficience of the Cautioner Secundo the petitioner could not make payment of the said four hundred merks because the petitioner Obtained the saids Lords Decreet in August J^aj vi^c nyntie six against the Charger for six hundred merks nomine domini for the petitioners expence in this Calumnious Lybell raised before the saids Lords against the petitioner who was his master, He haveing failled in the probation of any one Single point of the said Malicious and injurious Lybell which he has not yet payed on farding off, et frustra petitur quod nox restituendi est /3o/ Albeit the Charger obtained ane Suspension of the said Six hundred merks of expensses modified by the saids Lords Decreet to the petitioner, yet the principall reasones of Suspension was That the said Samuell Forbes hade Four hundred merks of the Chargers money in his hand Which ought to Compence pro tanto, and the petitioner haveing put up ane protestation in Comon forme for production of the said Calumnious Suspension, And the Charger not haveing as yet produced the said Suspension The petitioner Ought to have the extract of the said protestation Wherby the Charger would be lyable in two hundred Merks more then the Soumes charged for Quarto by the depositiones extant in the petitioners process of reconvention It evidently appeared that the Charger acknowledged the time of Seazing the said Four hundred merks That it all or at least the greatest part therof was the petitioners oun money, So that it were beyond measure hard to oblidge the petitioner to give back his oun money to the Charger who is by his oun acknowledgment clearly proven can have no intrest therin 5o/ Anent the last part of the Charge That the petitioner Should lett the Charter have free access to his Chist in the petitioners house to transport the same to what place he pleaseth, The Charger neither can nor its hoped will pretend that ever he or any in his name haveing his order came to the petitioenrs house of Foveraigne calling for the said Chist to transport is from shame and was refused access, and to evidence the petitioners readiness to obey the saids Lords Order theranent The petitioner hath therewith given in a warrand under the petitioners hand for the petitioners servants giveing him access when he pleases to the house for taking the said Chist out therof and that he may no wayes interupted to transport the Same wher he pleaseth, But all which the saids Lords might perceive how unjustly the Suspender was Charged to the effect forsaid And Therfore the forsaid Letters and charges Ought and Should be Simpliciter Suspended etc Nevertheless for the more obedience the petitioner was content to find Sufficient etc incase it should be found be the saids Lords after discussing of the suspension That the petitioner ought to make payment of the Said Soume And Therfore humbly Craveing the Saids Lords would be pleased to grant Letters of Suspension at the petitioners instance for Sumonding the said James Brown personally To Have Compeired before the saids Lords at ane Certaine day Bringing with him the forsaid Decreet and all Letters and charges and haill grounds and warrands therof To have been Seen and Considered etc and to have heard and seen the samen suspended upon the said suspender, as the said bill of suspensione or it self at more Lenth bears Which bill of suspension being upon the Eleventh of July instant read in presence of the Saids Lords of privy Councill They sisted all execution on the said Decreit Charged on untill ane Certain day now bygone, And in the meantime allowed the Said Charger to See and answer the said bill of Suspension And therafter the Said bill being againe called in presence of the saids Lords upon the Twenty fifth day of the said moneth and year They delayed to proceed therin at that time Bot Declared they would hear both parties and their Lawiers therupon the Thursday following being the day and date hereof And the said bill of Suspension being this day againe called In presence of the saids Lords of his Majesties privy Councill And the said Forbes of Foveraign Compearing personally with Mr David Dalrymple Mr David Forbes and Mr George Alexander his advocats, And the said James Brown Compearing personally, The Saids Lords haveing heard the said James Brown Charger, and also the Suspenders Lawiers And haveing Considered the decreets and interloquitors produced by either partie pronounced in this process, And haveing Considered the bill of suspension given in by the Laird of Foveraigne with the answers made therto, for the said James Brown Charger, And ane representation made by Foveraign in this affair The saids Lords Refuses the said bill of Suspension And Finds the Letters orderly proceeded at James Brown his instance against the said Samuell Forbes of Foveraigne Suspender And Discharges the Clerks of Councill to receive any moe bills of Suspension in this affair.