Edinburgh the Tweth day of December Jaj vjc nyntie thrie years
D1693/12/14
D1693/12/14
Act
Act Buchanan and Black
Anent a Petition given in to the Lords of their Majesties privy Councill be David Buchanan merchant in Montross Shewing That the petitioner haveing intented ane actione before the saids Lords against William Forester writter to the signet and Archibald Black writter ther for ther unwarrantable registrating of ane Inland bill raiseing horning therupon and most unwarrantably Causeing charge and Denunce the petitioner at a Changehouse which was not the petitioners dwalling house and detaineing the keyes of a seller in quhich the petitioner hade a Considerable quantitie of meall more then quadruple what would have satisfied the soume for quhich the pretended poynding was use, The saids Lords did not at that time find the defenders guilty of ane Ryot, Bot appointed the baillies of Leith to take of the said Locks of the Celler quher the petitioners meall was locked up and to as much of the meall measured out and delivered to Archibald Black writter in Edinburgh Conforme to the price at which it was alledged to have been poynded and appretiat as would pay the the soumes contained in the bill and horning founded upon by the said Archibald Black and therby appointed the magistrats of Leith and their Clerk to deliver the keyes of the seller and the rest of the meall to the petitioner To which ordinance the petitioner was willing to acquiess, and accordingly did be way of instrument upon the second instant ther Lordships decreet to the baillies of Leith and to the said Archibald Black and Requyred them to take alse much of the said victualls according as it wes appretiat as would satisfie and pay the soume contained in the bill and horning upon the giveing up to the petitioner the extract of the registrated bill horning and Captione and other dilligence done therupon with ane Discharge Bot the said Archibald refused the Same And because that he represented that his name was only borrowed and William Forrester was the only manager and trustie in the affair The petitioner did likewayes require the said William Forrester by way of instrument in he termes he requyred Archibald Black, Bot he Likwayes refused to Comply and now the petitioner humbly Craved Libertie to represent That however Ther Lordships the time of the pronunceing the forsaid Decreet might not have perceived or Decerned the said William Forrester and Archibald Black the designes (if possible to have ruined the petitioner) yet it is hoped the Same is now more then evident for primo of that they hade hade no other designe Bot to have procured their oun payment then they would have be vertue of the saids Lords Decreet long before this time taken as much of the petitioners meall then would have payed, Wheras they have keeped near four Thousand merks worth of meall belonging to the petitioner Shutt up and locked up These five moneths by past in a seller spoilling and damnifieing by the rates under watter and other accidents, Wheras the petitioner myt have gotten the Samen sold at a great advantage and dureing all this space the petitioner paye ane Considerable Celler rents beside other burdein and expenses Secundo not withstanding the saids Lords Decreet And that as said is They might have easily recovered their oun payment, yet William Forrester has been so malicious that he has put up for the gift of the petitioners escheat in name of his Constituent Tertio He intended ane action before the shirreffs against the petitioners ane action before the shirreffs against the petitioners for the very same soume, so that the petitioner was necessitate to raise ane advocatione Quarto he has raised inhibition and caused execute the same against the petitioner and as to the pretence adduced be them for their refuseall viz the want of exchange and reexchange the same is altogither frivillouse for albeit exchange and reexchang were due as is conceaved it cannot, yet the same would hardly amount to twentie shilling sterling Seing the bill is registrated in case they hade a mynd to pursue they might have ane extract therof, And Seing now it is hoped it is clear that in every stepp of this affair the height of malice hath showen it self and that ther has been ane designe to ruine the petitioner and de facto all his Creditors are allarmed throw their seeing of the petitioners gift of Escheat and that the said Archibald Black and William Forrester are guilty of a manifast contempt of the saids Lords Decreet and authoritie which ought to be severly punished they being members of the Collodge of Justice, And the petitioner is willing to Consigne in the saids Lords their Clerks hands the soume Contained in the horning charged upon And Therfore Humbly Craveing the saids Lords would be pleased to take the petitioners case to the petitioners serious Consideratione And upon the petitioners Consignatione of the forsaid soume Ordaine the baillies of Leith to deliver up to the petitioner the keyes of the Celler wher the said meall Lyes that so the petitioner may have Libertie to dispose therupon as also would be pleased to punish the said Archibald Black and William Forester for their so unwarrantable refuseing to obey the saids Lords interloquitor to the teror of others to doe the like in time Comeing as the said petition bears, The Lords of their majesties privy Councill haveing heard the above petitione given in to them be the above David Buchanan read in ther presence with ane Counter petitione given in be William Forrester writter to their majesties signet And Archibald Black writter in Edinburgh, They heirby adhere to their former interloquitor of the date the seventh day of november last And ordaines the said Archibald Black to Deliver a discharge to the said David Buchanan of the Soumes in the bill and horning offering to the meall which shall be measured and delivered to him in the termes of the said interloquitor with ane extract of the executione of poynding, And Ordaines the said David Sinclar to accept of the same, And Finds that Archibald Black is not oblidged to give up the principall grounds of the poynding And Remitts the matter of expences and damnadge intrest exchange and reexchange to the Judge ordinary to be determined by him according to law, And ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in ferme as effeirs.
Edinburgh the Tweth day of December Jaj vjc nyntie thrie years
D1693/12/14
Act
Act Buchanan and Black
Anent a Petition given in to the Lords of their Majesties privy Councill be David Buchanan merchant in Montross Shewing That the petitioner haveing intented ane actione before the saids Lords against William Forester writter to the signet and Archibald Black writter ther for ther unwarrantable registrating of ane Inland bill raiseing horning therupon and most unwarrantably Causeing charge and Denunce the petitioner at a Changehouse which was not the petitioners dwalling house and detaineing the keyes of a seller in quhich the petitioner hade a Considerable quantitie of meall more then quadruple what would have satisfied the soume for quhich the pretended poynding was use, The saids Lords did not at that time find the defenders guilty of ane Ryot, Bot appointed the baillies of Leith to take of the said Locks of the Celler quher the petitioners meall was locked up and to as much of the meall measured out and delivered to Archibald Black writter in Edinburgh Conforme to the price at which it was alledged to have been poynded and appretiat as would pay the the soumes contained in the bill and horning founded upon by the said Archibald Black and therby appointed the magistrats of Leith and their Clerk to deliver the keyes of the seller and the rest of the meall to the petitioner To which ordinance the petitioner was willing to acquiess, and accordingly did be way of instrument upon the second instant ther Lordships decreet to the baillies of Leith and to the said Archibald Black and Requyred them to take alse much of the said victualls according as it wes appretiat as would satisfie and pay the soume contained in the bill and horning upon the giveing up to the petitioner the extract of the registrated bill horning and Captione and other dilligence done therupon with ane Discharge Bot the said Archibald refused the Same And because that he represented that his name was only borrowed and William Forrester was the only manager and trustie in the affair The petitioner did likewayes require the said William Forrester by way of instrument in he termes he requyred Archibald Black, Bot he Likwayes refused to Comply and now the petitioner humbly Craved Libertie to represent That however Ther Lordships the time of the pronunceing the forsaid Decreet might not have perceived or Decerned the said William Forrester and Archibald Black the designes (if possible to have ruined the petitioner) yet it is hoped the Same is now more then evident for primo of that they hade hade no other designe Bot to have procured their oun payment then they would have be vertue of the saids Lords Decreet long before this time taken as much of the petitioners meall then would have payed, Wheras they have keeped near four Thousand merks worth of meall belonging to the petitioner Shutt up and locked up These five moneths by past in a seller spoilling and damnifieing by the rates under watter and other accidents, Wheras the petitioner myt have gotten the Samen sold at a great advantage and dureing all this space the petitioner paye ane Considerable Celler rents beside other burdein and expenses Secundo not withstanding the saids Lords Decreet And that as said is They might have easily recovered their oun payment, yet William Forrester has been so malicious that he has put up for the gift of the petitioners escheat in name of his Constituent Tertio He intended ane action before the shirreffs against the petitioners ane action before the shirreffs against the petitioners for the very same soume, so that the petitioner was necessitate to raise ane advocatione Quarto he has raised inhibition and caused execute the same against the petitioner and as to the pretence adduced be them for their refuseall viz the want of exchange and reexchange the same is altogither frivillouse for albeit exchange and reexchang were due as is conceaved it cannot, yet the same would hardly amount to twentie shilling sterling Seing the bill is registrated in case they hade a mynd to pursue they might have ane extract therof, And Seing now it is hoped it is clear that in every stepp of this affair the height of malice hath showen it self and that ther has been ane designe to ruine the petitioner and de facto all his Creditors are allarmed throw their seeing of the petitioners gift of Escheat and that the said Archibald Black and William Forrester are guilty of a manifast contempt of the saids Lords Decreet and authoritie which ought to be severly punished they being members of the Collodge of Justice, And the petitioner is willing to Consigne in the saids Lords their Clerks hands the soume Contained in the horning charged upon And Therfore Humbly Craveing the saids Lords would be pleased to take the petitioners case to the petitioners serious Consideratione And upon the petitioners Consignatione of the forsaid soume Ordaine the baillies of Leith to deliver up to the petitioner the keyes of the Celler wher the said meall Lyes that so the petitioner may have Libertie to dispose therupon as also would be pleased to punish the said Archibald Black and William Forester for their so unwarrantable refuseing to obey the saids Lords interloquitor to the teror of others to doe the like in time Comeing as the said petition bears, The Lords of their majesties privy Councill haveing heard the above petitione given in to them be the above David Buchanan read in ther presence with ane Counter petitione given in be William Forrester writter to their majesties signet And Archibald Black writter in Edinburgh, They heirby adhere to their former interloquitor of the date the seventh day of november last And ordaines the said Archibald Black to Deliver a discharge to the said David Buchanan of the Soumes in the bill and horning offering to the meall which shall be measured and delivered to him in the termes of the said interloquitor with ane extract of the executione of poynding, And Ordaines the said David Sinclar to accept of the same, And Finds that Archibald Black is not oblidged to give up the principall grounds of the poynding And Remitts the matter of expences and damnadge intrest exchange and reexchange to the Judge ordinary to be determined by him according to law, And ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in ferme as effeirs.
