Procedure, 25 November 1701, Edinburgh

Procedure, 30 December 1701, Edinburgh

Att Edinburgh the Twenty fifth day of November Jaj viic and one years

A1701/11/241

Procedure

The Councill approves of the Committies report anent the Shirif deput of Pearth

Sederunt the Marques of Annandale Lord Thesaurer Depute and the Lord Philiphaugh; The Marques of Annandale elected precess.
Alexander Blair of Corbs Shirriff depute of Pearth haveing Compeared before the said Committie and being examined how the defence proponed by John Moncreiff procurator in Pearth for Hew McClean dragoon viz That ther is no Statutory Law against the drinking of King James the Eight his health, Came to be insert in the decreet or extract of the proces at the instance of John Why procurator Fiscall of the said Court Against Duncan Angus and the said Hugh McClean; Declares that he did not read the said defences neither were they read in face of Court nor proponed viva voce ther But Declared that it is the Constant Custome of that Court to the procurators to give in their defences in wryt to the Clerk which defences for Hewgh McClean he hade no Occasion to read Seing he neither did nor ever intended to proceed to any Sentance against him; And Androw Couper Bailly in Scoon haveing Likewayes Compeared before the said Committie and being examined if he knew any think of proponing the forsaid defence Declared he knew nothing therof Wherfore the Committie dismissed the said Shiriff depute and Androw Couper And allowed them to repair to their respective homes But it is the Committies oppinion That Ritchison the Clerk should be brought over with John Moncreiff the procurator; And Ordained to bring with him and exhibit Exhibit before the Councill the haill grounds warrands and other adminicles of the decreet or extract of the said proces Signed by him and presently Lying in the Clerk of Councill their hands Sic Subscribitur Annandale S: I:P:C: The Lords of his majesties privy Councill Haveing Considered the above report of the Committie anent the above named Alexander Blair of Corbs Shirriff depute of Pearth, They approve therof and appoints John Moncreiff Nottar in Pearth to attend the Committie to morrow at ten of the Cloack and Recommends to the Lord Advocat to cause cite James Richardsone Shirrif Clerk depute of Pearth To Compear before the Lords of his Majesties privy Councill on Tuesday nixt being the second of December And ordaines the said James Richardson to bring over with him the haill grounds and warrands of the decreet under his hand at the instance of John White procurator fiscall of the said Court and Andrew Couper portioner of Scoon against Duncan Angus Servitor to Francis Scot Cornet to Captain Prestouns troop.

Att Edinburgh the Twenty fifth day of November Jaj viic and one years

A1701/11/241

Procedure

The Councill approves of the Committies report anent the Shirif deput of Pearth

Sederunt the Marques of Annandale Lord Thesaurer Depute and the Lord Philiphaugh; The Marques of Annandale elected precess.
Alexander Blair of Corbs Shirriff depute of Pearth haveing Compeared before the said Committie and being examined how the defence proponed by John Moncreiff procurator in Pearth for Hew McClean dragoon viz That ther is no Statutory Law against the drinking of King James the Eight his health, Came to be insert in the decreet or extract of the proces at the instance of John Why procurator Fiscall of the said Court Against Duncan Angus and the said Hugh McClean; Declares that he did not read the said defences neither were they read in face of Court nor proponed viva voce ther But Declared that it is the Constant Custome of that Court to the procurators to give in their defences in wryt to the Clerk which defences for Hewgh McClean he hade no Occasion to read Seing he neither did nor ever intended to proceed to any Sentance against him; And Androw Couper Bailly in Scoon haveing Likewayes Compeared before the said Committie and being examined if he knew any think of proponing the forsaid defence Declared he knew nothing therof Wherfore the Committie dismissed the said Shiriff depute and Androw Couper And allowed them to repair to their respective homes But it is the Committies oppinion That Ritchison the Clerk should be brought over with John Moncreiff the procurator; And Ordained to bring with him and exhibit Exhibit before the Councill the haill grounds warrands and other adminicles of the decreet or extract of the said proces Signed by him and presently Lying in the Clerk of Councill their hands Sic Subscribitur Annandale S: I:P:C: The Lords of his majesties privy Councill Haveing Considered the above report of the Committie anent the above named Alexander Blair of Corbs Shirriff depute of Pearth, They approve therof and appoints John Moncreiff Nottar in Pearth to attend the Committie to morrow at ten of the Cloack and Recommends to the Lord Advocat to cause cite James Richardsone Shirrif Clerk depute of Pearth To Compear before the Lords of his Majesties privy Councill on Tuesday nixt being the second of December And ordaines the said James Richardson to bring over with him the haill grounds and warrands of the decreet under his hand at the instance of John White procurator fiscall of the said Court and Andrew Couper portioner of Scoon against Duncan Angus Servitor to Francis Scot Cornet to Captain Prestouns troop.

1. NRS, PC1/52, 321-2.

1. NRS, PC1/52, 321-2.