Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years
D1693/11/21
D1693/11/211
Judicial Proceeding
Comittie and interloquitor Scot of Heychester Against Scot of Assenden.
The Lybell at the instance Gidion Scot of Heychester and others against Adam Scot of Hassenden and others being this day called in presence of the Lords of their majesties privy Councill and Scot of Heychester one of the pursuers Compeiring personally with Sir James Ogilvie and Mr Robert Stewart senior advocats for the haill pursuer and Robert Scot of Hassenden and others of the defenders Compeiring also personally with Mr Hew Dalrymple and Mr David Forbes advocats for the haill defenders the pursuers advocats post from Mr John Frazer one of the defenders and the rest of the defenders being all cited Called and not Compeiring, The Lybell and answers being read, The pursuers Craved Certificatione against the absent defenders, and the defenders advocats repeated the Lybell of reconventione raised at their instance without desyreing the same to be read ad hun et effectum that they may have yet a warrand to cite witnesses who being in the Countrey could not be cited tymeously since the raiseing of the reconventione before calling the principall Lybell The Lords of their majesties privy Councill haveing Considered the Lybell and answers with the two decreets before the Comissione for plantatione of kirks both produced for the pursuars and haveing heard both parties advocats fully on the matter They Refuse to grant Certificatione against the absent defenders till the conclusione of the cause, And allowes the defenders to raise new letters of reconventione and therupon to cite witnesses against the thretie day of november instant Bot refuses dilligence on the letters allready raised And the witnesses presented on the pursuers Lybell haveing made faith at the barr The saids Lords appoints the witnesses on the pursuers Lybell to be received and nominats and appoints the Earle of Forfar the Viscount of Tarbat and Sir Robert Sinclar of Stivensone or any two of them to be a Comittie for examineing the witnesses, And Grants letters for farder dilligence by Caption against Adam Sanderson in Hassandenburne, James Rodger in Apletreehall Robert Huntlie their Androw Deans in Easterburnfoot Robert Deans ther, George Deans in Hawick Willim Hardie ther William Scot Boatman at Langlands James Crosser his Servant William Ogilvie in Todshawhall James2 Cellar Weaver in Appletreehall Robert Riddell in Makanlaw Robert Nicoll ther James Niccoll ther, George Scot in Maynes and Androw Rae in Alnmuir the witnesses cited and not Compeiring in the principall Lybell And assignes the […] day of […] for doeing farder dilligence
1. NRS, PC2/24, 273v-274r.
2. One illegible word scored out here.
1. NRS, PC2/24, 273v-274r.
2. One illegible word scored out here.