Decreet, 29 December 1698, Edinburgh

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

D1698/7/7

D1698/7/7¹

Judicial Proceeding

Bill of Suspension refuised and remitted Robert Campbell Against Hugh Mitchell

Anent the bill of Suspension given in and presented to the Lords of his Majesties privie Councill be Robert Campbell in Portuellein Shewing That wher he is charged by vertue of a precept of poynding obtained from the Commissioners of Justiciary for the Highlands To make payment to Hugh Mitchell portioner of Campsie of his proportionall part of the Soume of ane Thousand pounds Scotts and of the Soume of Sex hundred merks Scotts of principall with the Soume of five hundred merks of expences Extending in the haill to the Soume of Tuo Thousand Sex hundred merks all Contained in a decreit alleadged obtained at the instance of the said Hugh Mitchell before the saids Commissioners of Justiciary against him and severall others upon the tenth day of Agust J^aj vi^c nyntie four years most urongously and unjustly Considering It uas of veritie That noe obedience can be given to the charge Because of the unwarrantablenes and Informality therof he being Charged to pay a proportionall pairt of tuo thousand and Six hundred merks uithout Condescending what his pairt therof is as appeared by the charge produced 2do/ the decreit obtained against him is in absence as appeared by ane extract of the Samen produced wheras if he had been Compearing he uould have denyed the Lybell 3to/ So soon as he Satt nottice that ther was a decreit pronunced against him he did apply to the Court which sate at Drymen the Lenox upon the tuenty fourth of August J^aj vi^c nyntie four years for a hearing which was granted to him to beat Creiff the tuenty of Septemer therafter But the Cowrt not having Sitten at that place at that dyet The Charger did apply to the Cowrt at Pearth upon the tuenty Sixth of october J^aj vi^c nyntie four years and Gott the former Stopp taken off uithout Calling or hearing of the Suspender as appeared Lykeuayes by the said decreit neither can the Suspenders not appearing at Perth be Compted Contumacy he not being warned at that dyet nor kneu nothing of it The place wher he was to have been heard being at Creiff upon the said tuenty of September J^aj vi^c nyntie four And therefore the said pretended decreit precept and all that hes or may follow therupon ought to be suspended as the said Bill of Suspension bears The saids Lords of his Majesties privie Councill Having Considered the forsaid bill of Suspension They Have refwsed and heirby refwses the Samen And Remitts to the Commissioners of Justiciary of the South and uest districts appointed for Setling the peace of the highlands who pronunced the decreit charged on to Revew and reconsider the said decreit at their first meeting at any Justiciary Cowrt to be holden within either of the saids districts And In the mean tyme Sists execution at the Chargers instance against the Suspender untill the said Decreit be revewed and reconsidered