Act, 29 December 1692, Edinburgh

Edinburgh the Threttie day of June J^aj vj^c Nyntie two years

D1692/6/33

D1692/6/33¹

Procedure: committee formed

Comittie Oswald Against Captain Burnet

The Lybell at the instance of James Oswald of Fingltoun against Captaine William Burnet and Serjant Dick and Lykwayes the Lybell of reconvention at the instance of the said Captain Burnet against the said James Oswald being both called and the said James Oswald Compeiring personally with Sir Robert Colt Mr Hew Dalrymple Mr William Aikman and Mr James Lessly advocats, And the said Captain Burnet and Serjand Dick Compeiring also personally with Sir David Thores Mr David Dalrymple and William Gordon advocats, The Lords of their majesties privy Councill haveing Considered both Lybells and heard both parties and ther advocats They Find the point of fact in the Lybell at James Oswalds instance Relevant to be proven by witnesses And Finds it Relevant that Captaine Burnet gave Order or mandate for doeing of the Deeds Lybelled in the said Lybell, to be proven scrypto vel Juramento of the said Captaine only, And as to the Lybell at the Complainers instance against James Oswald The saids Lords Ordaine the said James to give his oath in presence of James Dunlop one of their majesties late receivers whom they allow to be present and confrunted with him when he shall depone)² anent the haveing of the precept and recept; And Lykewayes anent the transactione mentioned in the said Lybell, and ordaines him to exhibit and produce the same if he shall acknowledge the haveing therof, And the haill witnesses cited in the Lybell at James Oswalds instance being present at the barr did make faith except John Cokburne indwaller in Prestonpanes Against whom the saids Lords Grants certificatione, And Ordaines letters of Captione to be direct for apprehending his persone, And the saids Lords nominats and appoynts, The Lords Montgomrie Cardross, and Fountonhall and Sir Patrick Murray to examine the forsaid witnesses and Declares any two of them to be a suficient quorum And allowes the witnesses to be examined anent Captaine Balfours being present when the deeds in the Lybell at James Oswalds instance ware done And Lykewayes anent James Oswalds makeing applicatione to the said Captaine for Redress of the soume, And Reserves all objectiones which may be made against the witnesses to be proponed and Discust before the Comittie.