Edinburgh 8th January 1705

D1705/1/4

D1705/1/4¹

Act

Act in favours of Alexander Cannan Brother german To John Cannan of Barley for Greirson of Lagg

Anent the petition given in and presented unto the Lord high Chancellour and remanent Lords of privie Councill by Alexander Cannan Brother german to John Cannan of Barley, Humbly Shewing That where their petitioner having been charged be vertue of Law burrowes raised befor their Lordships at the instance of Sir Robert Griersone of Lagg, Mr William Grierson younger of Lagg, Mr James Grierson Second Son to the said Sir Robert, and Robert Rorison of Marscalloch to find sufficient Caution and Lawburrowes acted in their Lordships books that the said Complainer Sir Robert Grierson and others their wyfes bairns men tennents and Servants should be harmless and Skaithless of the petitioner and others Complained upon in the saids Lawburrows in their persons and goods, and in the possession of there Lands and heretadges, and should not be troubled by the petitioner and others complained upon therintill, and accordingly the petitioner and others Complained upon in the saids Councill Lawburrows having in obedience to the forsaid charge presented to the Clerks of privie Councill, ane bond of Cautionary and made consignation in the Clerks hands for one Suspension, But the Clerks not being pleased with the Cautioner offerred, I was necessitat to find ane more sufficient Cautioner, and in the mean while the said Sir Robert Griersone of Lag, and other Complainers in the said Lawburrowes having caused Denounce me their petitioner, and others complained upon, and registrat them at the horne, and be vertue of their Lordships Lawburrows did raise Caption therupon before the Lords of Councill and Session, and be Vertue therof; did take apprehend and Committ him prisoner in the Tolbuith of Drumfreis for his not finding Caution, acted in their Lordships books, as ane double of the forsaid Caption, and execution therupon herewith given in will testifie, which he humbly conceaves was ane attrocious ryot, and indignity done to their Lordships and that he could not be apprehended by vertue of the forsaid Caption, but only by vertue of ane Caption before their Lordships raised upon the forsaid Lawburrowes And therfore Craving it might please their Lordships to grant to their petitioner, and others Complained upon in the said Lawburrowes ane Warrand to cite the said Sir Robert Griersone of Lag, and others complainers in the said Lawburrowes as the persons who had made use of the said Caption and Incarcerat him by Vertue therof, as also Sir Alexander Hamilton of Hags wryter to her Majesties Signet, as the person who Signed the forsaid Caption to appear befor their Lordships, and answer for the forsaid wrongous Imprisonment, and the Ingidnity done to their Lordships and that their Lordships would grant warrand to the Magistrats of Drumfreis, and keepers of their Tolbuith or any others in whose custody and keeping he was Incarcerat, and detained be vertue of the Caption forsaid instantly to Sett him at liberty furth therof, he being illegally and unjustly apprehended and incarcerat, and committed prisoner as said is, and their petitioner Shall ever pray, as the said petition bears, The Lords of Her Majesties privie Councill having considered the above petition given in to them by Alexander Canan Brother german to John Cannan of Barley, and the samen being Read in their presence, The saids Lords Doe heirby Appoynt and Ordaine the petitioner to apply to the Lords of Councill and Session, by ane petition in presentia, Representing the abuse mentioned in the forsaid petition, and Recommends to the saids Lords of Council and Session that they furthwith appoynt and Ordaine the Magistrats of Drumfreis and Keepers of their Tolbuith, and any others in whose Tolbuith and prison he may be at present prisoner by Vertue of the forsaid Caption, To Sett the petitioner, and the other persons complained upon in the forsaid Lawburrowes mentioned in the forsaid petition at liberty furth therof, and that without Caution, or house dues, and Grants warrand to the petitioner, and John Cannan of Barley, Robert Cannan of Murdocat, John Cubisone, in Blackcraig, David Cubisone in Glenmuick his Brother, William and James Griers in Barley, Charles Gemnell in Drumellingtoun, James McCron wryter there, Edward Criechton Messenger in Cumloch, Andrew Hair, Andrew Hair in Reikestoun, David Cubisone in Dro, Andrew Kerr in Glenmuick, James Gregg merchant in Drumelingtoun, David Cregg there, and John Cannan in Curridow to Cite and Summond the said Sir Robert Griersone of Lagg, Mr William Grierson younger of Lagg, Mr James Griersone Second Son to the Said Sir Robert, and Robert Roriesone of Marshcalloch, as the persons who had imployed ane wryter to her Majesties Signet to raise the forsaid Caption, and made use of ther Samen to Incarcerate the petitioner in maner forsaid, as alse Sir Alexander Hamilton of Haggs wryter to her Majesties Signet, as the person who Signed the forsaid Caption, To appear befor the saids Lords of her Majesties privie Councill, and answer for the forsaid wrongous Imprisonment, and the Indignity done² to the saids Lords of privie Councill, and assignes the […] day of […] for that effect.