Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie eight day of Janwary J^aj vi^c nyntie Six yeirs

D1696/1/40

D1696/1/40¹

Procedure: judicial proceedings

Mcphersones remitt to the Solicitor

Anent the petitione given in to the Lords of his majesties privie Counsell be James Mcphersone of Inverinhaven Shewing that wher the petitioner being conveened befor the comissioners of Justiciary for the district of Invernes at the instance of John Grant of Comegass and David Cuming procurator fiscall of the said court for As aleadged Spwillzeing and away takeing in the moneths of May Jwne or Jully J^aj vi^c eightie nyne when Dwndie was in the hills certaine goods and others alleadged belonging to John Grant atleast being airt and pairt therof in maner mentioned in the pretended lybell raised theranent The petitioner being altogither innocent of the said pretended cryme did most readiely ansuer to the said court yet the Saids Commissioners upon certain pretended grownds without any Legall probatione did incarcerat the petitioner at Invernes where he did lye for a considerable tyme without any Legall tryell Therefter the petitioner did apply to the saids Lords of privie Counsell who were pleased to Sett him at Libertie upon his finding cautione acted in the books of privie Counsell to enter himself prisoner within the tollbwith of Edinburgh therin to remaine Dureing the saids Lords ther furder pleasure In obedience wherunto the petitioner did come to Edinburgh and entered himself prisoner in the said tollbwith against the tyme prescribed And haveing the first day of Janwary instant to the saids Lords of privie Counsell that he might be sett att Libertie upon his finding cawtione to ansuer befor any Judicatorie when called The Saids Lords were then pleased to ordaine the perseuar to sie the said bill and give answers therto against Thursday Last the nynth instant And in respect the petitioner is altogither innocent year altho he had bein gwiltie as he never was yet he humbly conceaves that he will be indemnified as haveing tymeousely taken the benefite of his majesties graciows indemnitie And haveing ever befor and since behaved himself as a peaceable good and Loyall Subject to his present Majestie as the bills formerly given in and lying in the clerks hands will fullie testifie And the persewar being consciows that the petitioner is innocent he hes never yet given any answers nor offered to insist in any proces against the petitioner And therfor humbly creaveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Councell with and Double of the proces at the instance of John Grant of Conygass against the petitioner befor the Commissioners of Justiciarie produced be The Laird of Grant The Cowncill appoints his majesties sollicitor to consider the foirsaid Double of the proces with the said James Mcphersone his bill And to report his opinion in both to them against ther next meeting