Act, 12 March 1705, Edinburgh

Edinburgh 18th January 1705

D1705/1/12

D1705/1/12¹

Judicial Proceeding: protestation

Protestation Edmonstoun of Dunreath against Hamiltoun of Orbistoun

The which day in presence of the Lords of her Majesties privie Councill, Compeared Sir David Cunninghame Advocat as procurator for Archbald Edmonstoun of Duntreath executor Decerned and confirmed to wmquhill Archibald Edmonstoun of Duntreath his Father, and John Cunninghame writer to the Signet his Factor for his interest Chargers, And produced ane Coppie of letters of Suspension of the date the […] day of […] J^aj vi^c […] years purchast and raised at the instance of William Hamilton of Orbistoun, wherby the said wmquhill Archibald Edmonstoun of Duntreath the Chargers Father was Summond to have Compeared befor the saids Lords Bringing and produceing with him befor the saids Lords ane pretended Act obtained at his instance againest the said William Hamilton of Orbistoun befor the Saids Lords of the date the thretteinth day of May J^aj vi^c and eightie Six years, Giveing order and Warrant to the Said Laird of Orbistoun to deliver back to the Said wmquhill Archbald Edmondstoun of Duntreath the number and quantitie of eightie three bolls of oatmeall, or fyve pound Scots for ilk boll therof which was the current pryce allowed for the same at the time Together with the letters and charges raised theron, executory and indorsations therof to be seen and Considered by the Saids Lords of privie Councill, and to have heard and seen the Samen haill effect and execution therof Simpliciter Suspended upon the said Suspender in all tymecomeing for the reasons and causes contained in the said principall letters of Suspension, as the said Coppie therof of the date forsaid more fully bears, And Shew That the day of Compearance contained in the said Coppie was now of a long tyme bygone, And that the Said Suspender nor no other in his name Compeared to have produced the principall letters of Suspension, and to have insisted in the discussing therof, he being Satisfied for his said Client (who was euer confirmed to his deceast Father in the pryce of the said quantitie of Victuall) to have Satisfied the desyre Craved therby, and to have defended therintill untill the finall end and decision therof as effeirs, And therfore protested that his said Client might not be holden to answer to the saids principall letters of Suspension untill he were Summoned oft new again, and this expences payed, and also protested that the letters and Chargers already raised used and execute at the said wmquhill Archibald Edmonstoun of Duntreath his instance, and to which the said Archibald Edmonstoun of Duntreath has right as executer confirmed as said is, upon the forsaid Decreit against the said Suspender might take effect, and be putt to farther execution, conforme to the tenor therof in all poynts Befor admitting of which protestation The Saids Lords by their Interloquitor the Second of January instant Granted warrand to the Said Archibald Edmonstoun of Duntreath, and his said Factor to Intimat to the said William Hamiltoun of Orbistoun, To produce the Suspension at his instance againest the said wmquhill Archibald Edmonstoun in the Clerks of Councills hands betwixt and the Sixteenth day of January instant, And appoynted the samen to be intimat by ane Nottar and witnesses Conforme wherunto the Said Archibald Edmonstoun of Duntreath caused Intimat to the Said William Hamilton of Orbistoun personally to produce the said Suspension in maner forsaid, as in ane Instrument of intimation taken therupon of the date the fyfth day of January instant, under the hand of George Tayleor Nottar publict at more length is Contained, Thereafter upon the day and date of thir presents, The Saids Lords of her Majesties privie Councill having Considered that by their former Ordinance, they had appoynted Intimation to be made to the said Suspender that he might produce his Suspension, and be readie to debate theron, and that accordingly the samen being intimat and pairties called at the Barr, And the said Archibald Edmondstoun Compearing with his advocats and the Suspender faillieing to Compear and produce the Suspension through oft tymes called, and Intimation made to him personally for that effect The saids Lords of her Majesties privie Councell admitts and Grants protestation against the same and ordaines the letters, and charges raised or to be raised at the instance of the said Archibald Edmonstoun and John Cunninghame his Factor to be putt to farder execution against the Suspender ay and while the samen beis satisfied, and alse the saids Lords Decernes the said Suspender to make payment to the said Charger of the soume of Fyftein pound Scots of expensses Sustained by him in obtaining and extracting this present protestation, and Ordaines letters of horning under the Signet of Councill to be direct heirupon.