Decreet, 29 December 1698, Edinburgh

Att Edinburgh The Seventh day of Jullie J^aj vi^c nyntie eight years

D1698/7/8

D1698/7/8¹

Judicial Proceeding

Bill of Suspension The Earle of Seaforth Against Pitliver and Tulloch

Anent the Bill of Suspension given in and presented to the Lords of his Majesties privie Councill By Kenneth Earle of Seaforth Shewing That wher he is Lately Charged be vertue of Letters of horning Direct furth by delyverance of their Lordships at the instance of Sir John Dempster of Pitliver and John Bayne younger of Tulloch Against him To Give in a bond with a sufficient Cautione to appear before their Lordships the first teusday of Jully Instant To Ansuer to the Lybell depending befor their Lordships at the Chargers instance against him And to attend the Issue of that proces and to obempter the Sentence to be Given and pronunced in that matter And also to find Caution to exhibite and produce in their Lordships presence the persones of Mr William Baillie Rodorick Mckenzie and Simeon Mckenzie his pretended domestick servants and Donald Morison Stabler in the toune of Chanery In manner specified in this said charge upon the said first teusday of Jully Instant under the penaltie of five Hundred pounds Sterling uithin the space and under the paines Contained in the Saids Letters of horning and most wrongously and unjustly Considering That the Suspender is come here to Edinburgh to attend their Lordships Commands And the Lybell be Levelled against him uith a sinistrous designe to Ensnare him and bring him under a fyne Thinking he uould not appear yet he is Conscious to himself that he is guiltie of nothing that is Lybelled against him And is Confident ther will be nothing therof proven 2do/ Cautious Judicio Sisti et Judicatum Solvi are not in use to be taken before their Lordships nor doe they Import any more than that parties Shall appear And he doeth now appear and is Content to underly their Lordships Sentence in so farr as he shall be found guiltie 3to/ As to the presenting of the forenamed persons He hath Given all the obedience that is possible In so farr as he hath made ane exact Search for them as testificats produced uill testifie And as to the forefaulting the penaltie to have been contained in his bond which is the Chargers principall designe It is Humbly hoped their Lordships would never have done any Such thing Seing he hath given all possible obedience as said is And he humbly Conceaves their Lordships knoues he Can not find Caution upon every occasion his freinds and Intrest Lying at a Great distance And he hath done all that he Could have done as if he had found Caution In respect wherof the forsaids Letters and Charges ought to be Suspended and he relaxed as the said bill of Suspension in it self more fullie bears The Saids Lords of his majesties privie Councill having Considered the forsaid bill of suspension uith a petition by way of Ansuer therto by the Lairds of Pitliver and Tulloch They doe heirby refuise the desyre of the said bill And appointed the Earle to Continow prisoner in the castle of Edinburgh wher he now is ay and while he obtempter and fulfill the tearms of the Act charges on at Pitlivers Tullochs instance against his Lordship according to the express tenor wherof in all points