Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Fourth day of January One Thousand Seven hundred years

D1700/1/4

D1700/1/4¹

Decreet

Decreet Suspending the Letters Simpliciter […] Campbell portioner of Edinample Suspensor Against Findlasone Charger and finding the Letters orderly proceeded against James Ogilvie

Anent Our Soveraigne Lords Letters of Suspensione purchased and raised before the Lords of his Majesties privy Councill at the Instance of James Campbell portioner of Edinample Makeing Mention That Wher John Findlason Taylor in Doon has upon his pretended maner raised other Letters and therwith Caused Charge the said suspender to make payment to him of the soume of Thrie hundreth sixtie nyne pounds Eleven Shilling Eleven penies Scots money of principall and Four hundred marks of damnadges and expensses specified and Contained at his instance against Jannet Ogilvie relict of Thomas Ogilvie in Apser of Ednample and the said suspender her master and Land Lord for his intrest Conjunctllie and Severallie before the Commissioners of Justiciary of the Midle district appointed for setling and secureing the peace in the Highlands upon the Eight day of July last, Likeas Hary Buchanan younger of Leimy upon his pretended maner has raised other Letters and therwith has Caused charge the said suspender to make payment to him of the Soume of seven hundred and Fourtie pounds Scots money of principall six hundred pounds money forsaid of expensses of plea Also Contained in ane pretended decreet Obtained at his instance before the saids Commissioners of Justiciary against Lowrance and Robert McClerans in Stank of Kernoch the Suspenders tennents and him their Land Lord for his intrest upon the fourtein day of January then Last by past And that both within ane Certaine Short Space nixt after the Charge under the paine of rebellion and puting of him to the horne and for his alleadged disobedience hade Caused denounce the said Suspender or at least intends so to doe most wrongeously and unjustly Considering it is of verity, That the saids Decreits were in absence and for no Compearance The Suspender haveing been absent in the North of Scotland in the time as wes Nottourly knowen Wheras if he hade been Compearing He would have proponed Likeas he now propones the relevant defences following Primo That the saids Lands of Ednample and others are holden Immediatly by the Earle of Argyle of his Majestie (and were so² some hundred years bygone) and are holden by the said Suspender and his predecessors of the said Earle and wherof the said Earle has the heritable right of Justiciary as appeared by the Earles Chartor produced Bearing the Lands of Ednample to be holden by tim of his majestie and also hearing his right to Justiciary marked in these places therof Secundo by the acts of parliament J^aj vi^c nyntie thrie J^aj vi^c nyntie fyve and J^aj vi^c nyntie Six appointing Commissioners of Justiciary to be granted to the Highlands The Earle of Argylls right of Justiciary is expressly Reserved And to grant Commission to the saids Commissioners of Justiciary Which the Earle neither did nor was requyred of him, And Therfore the saids Commissioners of Justiciary without ane express Commission from the Earle could not Judge nor decerne against any persones within the heritable Justiciary And Therfore the forsaid Letters and Charges Ought to be Suspendit etc Nevertheless the suspender was content to find Caution etc And Anent the Charge given to the saids Chargers To have Compeared before the Saids Lords of his majesties privy Councill at ane Certaine day now bygone Bringing with them the forsaid Letters and Charges and grounds and warrands therof To have been seen and Considered be the saids Lords And to have heard and Seen the Samen Suspended as the said Suspension more fully bears Which Suspension being appointed to be discuts before the saids Lords upon ane Certaine day, And the samen being called in presence of the saids Lords this day And the said James Campbell suspender Compearing personally With Mr David Dalrymple and Mr Robert Stewart advocats for him, And the said Jannet Ogilvie his tennent And the said John Finlasone Charger being oft times called and not Compearing And Mr David Cuninghame and Mr Dougall Stewart Compearing as advocats for him The saids Lords haveing at Length heard both parties procurators, And haveing Considered the Charge with the reasones of Suspensione, They have Suspended and hereby Suspends the Decreet charged on Simpliciter against the said James Campbell brother to Endample suspender for the haill Sumes therin contemed, And Declairs him quyt therof and free therfrae Simpliciter in all time comeing And Modifies and Restrictes the haill Soumes charged for the Soume of Ane hundred pounds Scots money And Finds the Letters Orderly proceeded against the above Jannet Ogilvie ay and while She make payment and satisfaction to the said John Finlasone Charger of the forsaid Soume of ane hundred pounds Scots To which the Soumes charged for are now³ restricted and modified And Ordaines Letters of horning on fiftein dayes under the Signet of Councill and others needfull to be direct hereon against the said Jannet Ogilvie in forme as effeirs.