Judicial Proceeding, 28 July 1702, Edinburgh

Procedure, 24 December 1702, Edinburgh

Att Edinburgh 28 July 1702

D1702/7/261

Judicial Proceeding

Protestation Grant against Cuming for not produceing the suspension

The which day In presence of the Lords of her majesties privie Councill Compeared Mr Francis Grant advocat as procurator for John Grant of Logreardrie, Charger and produced ane Coppie of letters, of Suspension, of the date the […] day of […] Jaj vjc […] years, purchased and raised, att the Instance of George Cumming of Earnsyde, George Ewing and James Gray tenants in Garbitty, whereby the said John Grant younger, wes Summoned to have Compeared before the saids Lords bringing and produceing with him, before the saids Lords ane pretended decreet alleged obtained att his instance against the said George Cumming George Ewing and James Gray, before the Commissioners of Justiciary holden within the Tolbooth of Forres, the tuelth day of december, sixteen hunder and nynty nyne years, mercrateing and decerning them, to make payment to the said John Grant of the soume of six hundred and fifty merks scots money as also of the soume of three hundreth pounds money forsaid, Togather with the letters and Charges raised thereon, executions and Indorscrations Charges raised thereon, to be seen and Considered by the saids Lords of privie Councill and to have heard and seen the samen haill effect and execution thereof Simpliciter Suspended wpon the said suspender in all tyme comeing, for the reasons and Causes Contained in the said principall letters of suspension, and to have insisted in the Discusseing thereof 2 as the said Coppie thereof of the date forsaid more fully bears, and shew that the day of Compearance Contained Contained3 in the said Coppie was now of a long tyme bygone and that the said suspender; nor noe other in his name, Compeared to have produced the principall letters, of suspension, and to have in sisted in the discusseing thereof, he being ready for his Cleint to Satisfie the desyre Craved thereby and to have defended thereuntill, the finall end and decision thereof as effeirs, and Therefore, protested that his said Cleint might not be holden, to ansuer to the said principall letters of suspension untill he were sumond of new again, and his expenses payed, and als protested that the letters, and Charges already raised used and execute, att the Chargers instance wpon the forsaid decreet against the said suspender might take effect and be putt to farder execution Conform to the tenor thereof in all poynts which protestation the saids Lords of her Majesties privie Councill. have admitted and hereby admitts superceeding extract until the […] day of […] nixt and in the mean tyme ordained the samen to be Intimat before extract, Conform whereunto the said John Grant Charger Caused Intimat the saime to said […] Cumming of Iron Syde, suspender wpon the sixth day of May seventeen hunder and four years, and the Lords of her majesties privie Councill haveing Considered that by Interloquitor, of the date hereof the Councill had admitted protestation att the instance of John Grant of Logieandrie against George Cumming of Earnsyde George Ewan and James Gray, tenants to Garbitty for not produceing Suspension att ther instance against the said John Grant and that the saids Lords, had appoynted the same to be Intimat before extract, and that they being that day produced and read in ther presence ane Intimation thereof, to the said John Cummine, under the hand of David Ross nottar publick, The saids Lords doe hereby appoynt, the protestation formerly admitted and granted to be extracted in Common form, and als the saids Lords decerns and ordains, the said suspender to make payment to the said Charger, of the soume of fifteen pounds scots of expenses sustained by him in obtaineing and extracting of this present protestation and ordains letters on six dayes for recovery, of the saids expenses, and all others needfull as effeirs

Att Edinburgh 28 July 1702

D1702/7/261

Judicial Proceeding

Protestation Grant against Cuming for not produceing the suspension

The which day In presence of the Lords of her majesties privie Councill Compeared Mr Francis Grant advocat as procurator for John Grant of Logreardrie, Charger and produced ane Coppie of letters, of Suspension, of the date the […] day of […] Jaj vjc […] years, purchased and raised, att the Instance of George Cumming of Earnsyde, George Ewing and James Gray tenants in Garbitty, whereby the said John Grant younger, wes Summoned to have Compeared before the saids Lords bringing and produceing with him, before the saids Lords ane pretended decreet alleged obtained att his instance against the said George Cumming George Ewing and James Gray, before the Commissioners of Justiciary holden within the Tolbooth of Forres, the tuelth day of december, sixteen hunder and nynty nyne years, mercrateing and decerning them, to make payment to the said John Grant of the soume of six hundred and fifty merks scots money as also of the soume of three hundreth pounds money forsaid, Togather with the letters and Charges raised thereon, executions and Indorscrations Charges raised thereon, to be seen and Considered by the saids Lords of privie Councill and to have heard and seen the samen haill effect and execution thereof Simpliciter Suspended wpon the said suspender in all tyme comeing, for the reasons and Causes Contained in the said principall letters of suspension, and to have insisted in the Discusseing thereof 2 as the said Coppie thereof of the date forsaid more fully bears, and shew that the day of Compearance Contained Contained3 in the said Coppie was now of a long tyme bygone and that the said suspender; nor noe other in his name, Compeared to have produced the principall letters, of suspension, and to have in sisted in the discusseing thereof, he being ready for his Cleint to Satisfie the desyre Craved thereby and to have defended thereuntill, the finall end and decision thereof as effeirs, and Therefore, protested that his said Cleint might not be holden, to ansuer to the said principall letters of suspension untill he were sumond of new again, and his expenses payed, and als protested that the letters, and Charges already raised used and execute, att the Chargers instance wpon the forsaid decreet against the said suspender might take effect and be putt to farder execution Conform to the tenor thereof in all poynts which protestation the saids Lords of her Majesties privie Councill. have admitted and hereby admitts superceeding extract until the […] day of […] nixt and in the mean tyme ordained the samen to be Intimat before extract, Conform whereunto the said John Grant Charger Caused Intimat the saime to said […] Cumming of Iron Syde, suspender wpon the sixth day of May seventeen hunder and four years, and the Lords of her majesties privie Councill haveing Considered that by Interloquitor, of the date hereof the Councill had admitted protestation att the instance of John Grant of Logieandrie against George Cumming of Earnsyde George Ewan and James Gray, tenants to Garbitty for not produceing Suspension att ther instance against the said John Grant and that the saids Lords, had appoynted the same to be Intimat before extract, and that they being that day produced and read in ther presence ane Intimation thereof, to the said John Cummine, under the hand of David Ross nottar publick, The saids Lords doe hereby appoynt, the protestation formerly admitted and granted to be extracted in Common form, and als the saids Lords decerns and ordains, the said suspender to make payment to the said Charger, of the soume of fifteen pounds scots of expenses sustained by him in obtaineing and extracting of this present protestation and ordains letters on six dayes for recovery, of the saids expenses, and all others needfull as effeirs

1. NRS, PC2/28, 193v-194v.

2. The words ‘and to have insisted in the Discusseing thereof’ scored out here.

3. Sic.

1. NRS, PC2/28, 193v-194v.

2. The words ‘and to have insisted in the Discusseing thereof’ scored out here.

3. Sic.