Judicial Proceeding: protestation, 20 June 1699, Edinburgh

Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Twentie day of June Jaj vic Nyntie Nyne years

D1699/6/21

Judicial Proceeding: protestation

Protestation for no insisting Stewart and Mcandish against Agnew younger of Lochnaw persewer

The Which Day In presence of the Lords of his Majesties privy Councill Compeared John Stewart of Phesgill and William Mcindish one of the present baillies of Whythorne, and produced a Copie of a Lybell or Letters of Complaint raised before the saids Lords at the instance of James Agnew younger of Lochnaw Shirreff of Wigtoune against them Wherby, the said John Stewart and William Mcendish defenders were Sumoned to have Compeared before the saids Lords of his Majesties privy Councill this day Toutching the saids John Stewart and William Mcandish Committing of a manifest Ryot Lybelled in deferring and opposing the said James Agnew younger of Lochnaw and his officers and procurators Fiscall In searching and trying for persons Who were guilty of Stealling foods within the Shirefdom of Wigtoune and toune of Whithorne and regallity of the Samen as the said Copie of the date the […] day of […] Last bypast at more Length proports And Shew that the day of Compearance Contained in the said Copie to which the saids two persones were cited was come and that the said James Agnew younger of Lochnaw pursuer failled to COmpear and insist in the forsaid lybell or Letters of Complaint albeit the said John Stewart and William Mcandish were allwayes ready to have answered to the forsaid lybell or Letter of Complaint And Therfore Protested that the saids two persones might not be Lyable to answer to the said lybell or Letters of Complaint untill they be of new cited againe for that effect And their expence refounded to them, Whilk protestation The saids Lords have Admitted and hereby Admitts, Attour the saids Lords of his majesties privy Councill have Modified and hereby Modifies the Soume of Fiftein pounds Scots of expenss to be payed by the said James Agnew younger of Lochnaw to the saids John Stewart and William Mcandish to be divided equally betuixt them, And Ordaines Letters of horning under the Signet of Councill to be direct for payment of the said expence and answers upon the premisses in forme as Effeirs.

Att Edinburgh The Twentie day of June Jaj vic Nyntie Nyne years

D1699/6/21

Judicial Proceeding: protestation

Protestation for no insisting Stewart and Mcandish against Agnew younger of Lochnaw persewer

The Which Day In presence of the Lords of his Majesties privy Councill Compeared John Stewart of Phesgill and William Mcindish one of the present baillies of Whythorne, and produced a Copie of a Lybell or Letters of Complaint raised before the saids Lords at the instance of James Agnew younger of Lochnaw Shirreff of Wigtoune against them Wherby, the said John Stewart and William Mcendish defenders were Sumoned to have Compeared before the saids Lords of his Majesties privy Councill this day Toutching the saids John Stewart and William Mcandish Committing of a manifest Ryot Lybelled in deferring and opposing the said James Agnew younger of Lochnaw and his officers and procurators Fiscall In searching and trying for persons Who were guilty of Stealling foods within the Shirefdom of Wigtoune and toune of Whithorne and regallity of the Samen as the said Copie of the date the […] day of […] Last bypast at more Length proports And Shew that the day of Compearance Contained in the said Copie to which the saids two persones were cited was come and that the said James Agnew younger of Lochnaw pursuer failled to COmpear and insist in the forsaid lybell or Letters of Complaint albeit the said John Stewart and William Mcandish were allwayes ready to have answered to the forsaid lybell or Letter of Complaint And Therfore Protested that the saids two persones might not be Lyable to answer to the said lybell or Letters of Complaint untill they be of new cited againe for that effect And their expence refounded to them, Whilk protestation The saids Lords have Admitted and hereby Admitts, Attour the saids Lords of his majesties privy Councill have Modified and hereby Modifies the Soume of Fiftein pounds Scots of expenss to be payed by the said James Agnew younger of Lochnaw to the saids John Stewart and William Mcandish to be divided equally betuixt them, And Ordaines Letters of horning under the Signet of Councill to be direct for payment of the said expence and answers upon the premisses in forme as Effeirs.

1. NRS, PC2/27, 206v-207r.

1. NRS, PC2/27, 206v-207r.