Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Twentie Seventh day of June J^aj vii^c years

D1700/6/10

D1700/6/10¹

Decreet

[Earl and Countess of Sutherland Against James White]

After the point of right was dismissed before the Lords of Session Conforme to the remitt to them of the date the twenty one day of November last by past The Countes of Southerland and the Earle of Southerland gave in a petitione to the Lords of his Majesties privy Councill Which with another petition given in at the same time by James Whyte Commissar Clerk of Lauder Being upon the Threteinth day of June instant Considered be the saids Lords of privy Councill, His Majesties high Commissioner and the Lords of privy Councill by their Interloquitor of the date forsaid upon the said two bills did appoint the Macers of Councill to advertise the Committie appointed in the said two Muttuall processes to meett and recomended to the said Committie to endeavor to setle and agree both parties in the Matter Lybelled And Declared they would hear both parties in the saids processes at any Certaine day now by gone And appointed them to attend the Councill that day for that effect And the Saids two processes being called this day in presence of the Lords of his majesties privy Councill, And the pursuer in the principall Lybell who is defender in the reconventione Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention² Compearing by Sir James Stewart his majesties advocats and both parties advocats being fully heard in the matter Lybelled And his majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered both petitiones or bills with the haill debate made be both parties procurators and wrytes produced for the Lady Southerland They Have Recalled and hereby Recalls the former order of Councill emitted in their process Discharging all parties The marques of Douglas Countes of Southerland or any other persones whatsoever to exercise any Jurisdictione be themselves or their baillies or deputes within the Bailliary of the regallity of Prestoune and Bimokle and Declaires the Same extract void and null as if it hade never been given nor pronunced And have Reponed and hereby Repones the said Countes of Southerland to the exercise of the office of Baillie in the said regallity And that in the termes of the Lords of Councill and Session their decreet wherby they Find that the said Countes of Southerland has right to the Jurisdictione of the Regallity within the bounds of the propertie of the Lands lifrented by her Which decreet of Session is dated the twentie sixth day of January Last by past And have Dicharged³ and hereby Discharges the said James Whyt or any other persone whatsoever to exerce the said office Contrary to, or Interupt the forsaid Countes or her baillies in exerceing of the same in the termes of the⁴ forsaid decreet of the Lords of Session in time comeing dureing all the dayes years and Space of the said Countes of Southerland her life time.