Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie Fourth day of Jwny J^aj vi^c nyntie seven yeirs

D1697/6/20

D1697/6/20¹

Judicial Proceeding

Remit William Mcaw Against Hamiltowne

Anent our Soveraigne Lords Letters of Suspensione purchased and raised befor The Lords of privie Counsell at the instance of Robert Hamiltowne in Maybole Suspender Against William Mccaw Late tennent in Troqwhen charger Makeing mentione That wher the said William Mccaw charger with concurse of Sir James Stewart his majesties Advocat haveing efter his rpetended maner caused call and conveen the now deceast Mr Alexander Stevensone wryter to our Signet Some tyme factor to The Countess dowager of Cassills to whom the said William Mccaw was tennent and George Andersone merchand in Air substitut Chamberland by the said Mr Alexander Stevenson befor the Lords of our privie Counsell anent the heareing and Seing of them decerned not only to make payment to the said William Mccaw of the Soume thrie Thowsand four Hundereth and fifty nyn punds four ten Shilling Scotts money as the priec of certain goods alleadged wrongouselie intrometted with and away taken by the saids Mr Alexander Stevensone and George Andersone from the said persewar William Mccaw Dureing the tyme they were Chamberlands to the said Countess Dowager of Cassills But also to hear and Sie them decerned to make payment to the Said William Mccaw of Such a Soume of money As our saids Lords Should please modifie and pwnished in ther persones and goods etc In the which Sumonds the said Robert Hamiltowne Complainer is also conveined as alleadged Succeeding in the vice of the said deceast Mr Alexander Stevensone and upon that head to make compt reckning and payment to the said William Mccaw of what goods and geir were left by the said Mr Alexander upon the grownd the tyme of the Said Complainers entrie to be Chamberland to the said deceast Countess Dowager of Cassills in maner at more Lenth mentioned in the lybelled Sumonds raised at his instance against the Said Complainer befor our Saids Lords of privie Counsell theranent which actione haveing bein called befor our Saids Lords and no compeareance being made for the said Robert Hamiltowne Complainer our saids Lords did grant certificatione against him wherupon the said William Mccaw hes raised our Letters of Denunceatione therupon hes caused denunce the said Complainer to the horne for his pretended contumacie and disobedience most wrongowslie and unjustlie Considering It is of Veritie that imediatly upon the said Complainers receaveing of the foirsaid citatione to compeare befor our saids Lords he caused ane procurator most prunctuallie attend the dyets to which he was cited The Said Complainer himself being nowise in a conditione to travell by reasone of indispositione of bodie which he was then to have instructed by testificats beyond exception And his said procurator haveing attended all the dyets of Sederwnt for the Space of eight or ten dayes which is very well knowen to the clerks And not the Least motione being made in that affair dureing that Space And the said Complainers procurators verie well knowing the dyets and citationes befor our saids Lords of privie Counsell to be peremptor and knowing that the said Mr Alexander Stevensone who was the persone aimed at in that proces was then dead did verie reasonablie Judge the dyets to be deserted And thinking the said Complainer could Sustaine noe furder trouble untill he were of new alled or cited he gave over any furder attendance And yet notwithstanding of all this contrarie to the ordinarie and knowen forme observed before our Saids Lords The Said William Mccaw by his importwnitie did impetrat the foirsaid certificatione And therupon hes raised the foirsaid Letters of denunceatione And out of meer malice and groundles prejudice hes denunced the said Complainer our rebell and which may appear to our saids Lords by ane exact double of the saids Letters of denunceatione Showen to our saids Lords hes testified wherin ther is neither any thing in the lybell nor in the conclusione which could give any ground to any Such Counsell proces And therfore the saids Letters ought not only to be Simpliciter Suspended and the Said Complainer relaxed frae the horne But alse he owght to be repaired of the damnadges he hes Sustained by the Said William Mccaw his wnjust and maliciows procedure etc Allwayes for the more obedience the said Complainer is instantlie content to find Sufficient Cautione acted in the books of our privie Counsell to ansuer to the foirsaid lybell at any time ther Lordships Shall appoint And also for payment of the twentie merks for his escheat goods to the Lords of our Thesaurie in caise it shall be found by our saids Lords that he owght to doe the Smane efter discussing heirof And anent the charge given to the said charger to have compeared befor the saids Lords of privie Counsell at ane certaine day bygone bringing with him the foirsaids Letters and chargers grownds and warrands wherupon the Samen proceeded to be Sein and considered by the Saids Lords And to hear and Sie the Samen haill effect and executione therof Suspended upon the said charger in tyme comeing As the said Suspensione at more Lenth bears Which Suspensione being this day called in presence of the Saids Lords of his majesties privy Counsell And the said Robert Hamilton Suspender being absent Compeared Mr David Cwningham as Advocat for him prodwced a testificat wnder the hands of the minister and baillies of Maybole upon Soule and conscience beareing that the Suspender is Sixtie Six yeirs old and through infirmitie of age and weaknes of body he is not able to travell And the said William Mccaw charger Compeareing personallie with Sir Patrick Home his majesties Sollicitor his advocat The Lords of his majesties privie Counsell and excwses the absence of the Said Suspender in respect of the testificat prodwced And decerns and ordaines the said Robert Hamiltowne Suspender to make payment to the said William Mccaw charger of the Sowme of Ane hundereth merks Scotts And have reponed and heirby repones the said Suspender against the certificatione given and pronunced against him and remitts to the Shirreff principall of the Shyre of Air and his deputs to consider the lybell and to decyde and determine therin as to the Suspender only as they Shall find Just or to the baillie of the bailliarie of Carrick or his deputs to doe the Same within which Jurisdictiones the Suspender Lives and resides and ordaines Letters on fiftein dayes and others neidfull to be direct heiron as effeirs