Tag Archives: March

Act, 3 March 1698, Edinburgh

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Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/101

Act

Act Christean and Jacobina Foirbesses

Anent the petitione given in to The Lords of his majesties privie Counsell be Christean and Jacobina Forbesses Laufull daughters to the deceast Mr Patrick Forbes Late Bishup of Caithnes Shewing That ther Lordships petitioners are in verie hard circumstances The one by the death of her husband Leivtennent Collonell Moodie in his majesties Service at the battell of Landen, The other by Long expensive and forced actiones at Law in defending and vindicating Just and wndoubted rights against powerfull adversaries And both by other callamitous accidents that have befallen ther families And now The Kirks of Keith and Grainge wnder the patronadge of Sir John Forbess of Craigevar haveing bein vaccand for the yeirs Jaj vic nyntie Six and Jaj vic and nyntie seven The said Sir John Forbes would willingly apply the vaccand Stipends of them for their behoove if ther Lordships would please to interpose ther authoritie And that for both these yeirs Jaj vic nyntie six and Jaj vic nyntie Seven with the burden allwayes of the twentie merks dwe to Swch ministers as have preached at the saids Kirks within the saids yeirs And therfore humbly craveing ther Lordships to take ther present hard circumstances to ther piows consideratione And to grant to the petitioners the vaccand Stipends of the saids kirks of Keith and Grainge for the saids two yeirs Jaj vic nyntie six and Jaj vic and nyntie Seven with the burden of the twentie merks foirsaids they allwayes obtaining the consent of the said Sir John Forbess and to warrand the said Christean Forbes to uplift the Same from the heretors and others Lyable in payment therof for her own and her sisters behoove And for that effect to grant Letters of Horning As the said petitione bears Which being this day read and considered be the Saids Lords of his majesties privie Counsell They doe heirby grant to the petitioners the vaccand Stipends of the above kirks of Keith and Grainge for the above yeirs Jaj vic nyntie Six and Jaj vic and nyntie Seven with the burden of the twentie merks allowed by act of parliament to the ministers preaching at the saids kirks And decernes and ordaines the heretors fewars Liferenters wodsetters titullars tacksmen of teinds tennents possessors and others lyable in payment of the saids Stipends to make payment to the said Christean Forbess for her own and her sisters behoove of the saids two yeirs vaccand Stipends with the burden of the twentie merks as said is In respect the saids petitioners have prodwced a consent of the said Sir John Forbes of Craigiebar as patrone for gifting of the saids stipends to the petitioners And ordaines Letters of horneing to be direct hereon at the instance off the said Christean Forbess against the heretors fewars wodsetters titullars tacksmen and others foirsaids lyable in payment of the saids Stipends upon productione of a decreit of Localitie and in caice ther be non Ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the Same according as they shall be decerned by the Judge ordinar

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/101

Act

Act Christean and Jacobina Foirbesses

Anent the petitione given in to The Lords of his majesties privie Counsell be Christean and Jacobina Forbesses Laufull daughters to the deceast Mr Patrick Forbes Late Bishup of Caithnes Shewing That ther Lordships petitioners are in verie hard circumstances The one by the death of her husband Leivtennent Collonell Moodie in his majesties Service at the battell of Landen, The other by Long expensive and forced actiones at Law in defending and vindicating Just and wndoubted rights against powerfull adversaries And both by other callamitous accidents that have befallen ther families And now The Kirks of Keith and Grainge wnder the patronadge of Sir John Forbess of Craigevar haveing bein vaccand for the yeirs Jaj vic nyntie Six and Jaj vic and nyntie seven The said Sir John Forbes would willingly apply the vaccand Stipends of them for their behoove if ther Lordships would please to interpose ther authoritie And that for both these yeirs Jaj vic nyntie six and Jaj vic nyntie Seven with the burden allwayes of the twentie merks dwe to Swch ministers as have preached at the saids Kirks within the saids yeirs And therfore humbly craveing ther Lordships to take ther present hard circumstances to ther piows consideratione And to grant to the petitioners the vaccand Stipends of the saids kirks of Keith and Grainge for the saids two yeirs Jaj vic nyntie six and Jaj vic and nyntie Seven with the burden of the twentie merks foirsaids they allwayes obtaining the consent of the said Sir John Forbess and to warrand the said Christean Forbes to uplift the Same from the heretors and others Lyable in payment therof for her own and her sisters behoove And for that effect to grant Letters of Horning As the said petitione bears Which being this day read and considered be the Saids Lords of his majesties privie Counsell They doe heirby grant to the petitioners the vaccand Stipends of the above kirks of Keith and Grainge for the above yeirs Jaj vic nyntie Six and Jaj vic and nyntie Seven with the burden of the twentie merks allowed by act of parliament to the ministers preaching at the saids kirks And decernes and ordaines the heretors fewars Liferenters wodsetters titullars tacksmen of teinds tennents possessors and others lyable in payment of the saids Stipends to make payment to the said Christean Forbess for her own and her sisters behoove of the saids two yeirs vaccand Stipends with the burden of the twentie merks as said is In respect the saids petitioners have prodwced a consent of the said Sir John Forbes of Craigiebar as patrone for gifting of the saids stipends to the petitioners And ordaines Letters of horneing to be direct hereon at the instance off the said Christean Forbess against the heretors fewars wodsetters titullars tacksmen and others foirsaids lyable in payment of the saids Stipends upon productione of a decreit of Localitie and in caice ther be non Ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the Same according as they shall be decerned by the Judge ordinar

1. NRS, PC2/27, 105r-105v.

1. NRS, PC2/27, 105r-105v.

Act, 3 March 1698, Edinburgh

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Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/91

Act

Act The Lady Monkwood

Anent the petitione given in to The Lords of his majesties privie Counsell be Barbara Backley eldest Laufull doughter to the deceast Sir Robert Barclay of Pearstowne and now Spouse to Robert Mwir of Mwnkwood Shewing That wher the petitioner Some few yeirs agoe being wnfortunatly maried to the said Robert Moor who gott a Suitable portione with her (2yet she is now redacted to great straits and difficulties which doe not soe much proceed from any burden of debts that his estate Lyes wnder which at most is but eight Thowsand merks (And his fortwne upwards of fourtein hundereth merks per annwm) as from his evill manadgement extravagant and wnnecessarie Spending and his wnhwmane and wnnaturall cariadge to her All which are notourely knowen to the Jurisdictione of Carrick wher he Lives and evidently appears by the many decreits for bloods and battaries pronunced against him and the many weist maillings of his estate thowgh it be repute als good Land as is in that Cowntrie everie bodie Shwning to bargaine with him being anie wyld and wnreasonable man Soe that the petitioner is not only now Subjected to the freqwent rage and furie of his inconstant humoure But with her whole family to pinching straits for want of bread though She be a persone of good parrentage as is well knowen to Some of ther Lordships number And therfore Humbly craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be the saids Lords of his majesties privie Counsell They doe heirby allow the petitioner to possess the house yeards and precincts of Munkwood for ane yeir to Come from the day and date hereof And decernes and ordaines the tennents and possessors of the Lands of Mwnkwood to make payment and satisfactione to the petitioner of the Soume of Four hundereth merks Scotts money for aliment to herself and her familie for the Space ane yeir to rwn from the day and date heirof And ordaines Letters to be direct heiron against the tennents and Mwnkwood whose names and ther proportiones are to be insert in the saids Letters and others others in forme as effeirs

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/91

Act

Act The Lady Monkwood

Anent the petitione given in to The Lords of his majesties privie Counsell be Barbara Backley eldest Laufull doughter to the deceast Sir Robert Barclay of Pearstowne and now Spouse to Robert Mwir of Mwnkwood Shewing That wher the petitioner Some few yeirs agoe being wnfortunatly maried to the said Robert Moor who gott a Suitable portione with her (2yet she is now redacted to great straits and difficulties which doe not soe much proceed from any burden of debts that his estate Lyes wnder which at most is but eight Thowsand merks (And his fortwne upwards of fourtein hundereth merks per annwm) as from his evill manadgement extravagant and wnnecessarie Spending and his wnhwmane and wnnaturall cariadge to her All which are notourely knowen to the Jurisdictione of Carrick wher he Lives and evidently appears by the many decreits for bloods and battaries pronunced against him and the many weist maillings of his estate thowgh it be repute als good Land as is in that Cowntrie everie bodie Shwning to bargaine with him being anie wyld and wnreasonable man Soe that the petitioner is not only now Subjected to the freqwent rage and furie of his inconstant humoure But with her whole family to pinching straits for want of bread though She be a persone of good parrentage as is well knowen to Some of ther Lordships number And therfore Humbly craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be the saids Lords of his majesties privie Counsell They doe heirby allow the petitioner to possess the house yeards and precincts of Munkwood for ane yeir to Come from the day and date hereof And decernes and ordaines the tennents and possessors of the Lands of Mwnkwood to make payment and satisfactione to the petitioner of the Soume of Four hundereth merks Scotts money for aliment to herself and her familie for the Space ane yeir to rwn from the day and date heirof And ordaines Letters to be direct heiron against the tennents and Mwnkwood whose names and ther proportiones are to be insert in the saids Letters and others others in forme as effeirs

1. NRS, PC2/27, 104r-105r.

2. Closing bracket missing.

1. NRS, PC2/27, 104r-105r.

2. Closing bracket missing.

Act, 3 March 1698, Edinburgh

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Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/81

Act

Act The Lairds of Phinhaven and Bethaiock

Anent the petitiones given in to The Lords of his majesties privie Counsell The one therof be Mr James Carnegie of Phinhaven Shewing that the petitioner being by their Lordships order Comitted prisoner to the tollbwth of Edinburgh and haveing remained ther for about the Space of Six weeks Ther Lordships were graceousely pleased to ordaine the petitioner to be sett at Libertie upon his finding sufficient Cautione to appeare befor their Lordships when called and accordingly he was sett at Libertie upon cawtione But within few dayes efter he was Liberat out of prisone ther is a new complaint raised at the instance of The Laird of Kinfauns and his curators against the petitioners and his Lady and his Lady2 the the petitioners doughter for declaireing ther mariadge void and null and the Same being called ther Lordships were pleased to ordaine the petitioner within eight dayes therefter to produce The Lady Kinnfauns at the barr under the penaltie of Ten Thowsand merks or otherwayes to goe back to prisone and the petitioner not haveing a cawtion or readie for soe great a soume did frielie submitt and comply with the other alternative of ther Lordships interloqwitor by reentering into prisone the very same might Notwithstanding wherof and that the weather was very tempestwows and Stormie at the tyme The Lady Kinfauns did appear befor ther Lordships at the barr And ther being a full heareing before their Lordships upon the said complaint they were pleased to declyne to Judge in the petitioners doughters mariadge with Kinfauns and did remit the other points of the Lybell against the petitioner to probatione And accordingly ther haveing bein severall wittnesses examined therupon The petitioner is very hopefull that the great clamoure made against him in the saids complaints at the adviseing of the depositiones will not be found proven And Seing the petitioner hath bein soe Long detained prisoner to the great prejudice both of his health and privat affairs And that ther Lordships (as he is informed) are resolved to adjurne for some considerable tyme And as he never intended to give the Least offence So he is heartiely Sorrie that he Should have done any thing that might have given ther Lordships the Least displeasure And he humbly craves pardone for the Same And therfore humblie craveing ther Lordships to take the premisses to ther Sereows consideratione and to ordaine the petitioner to be Sett at Libertie upon his inacting himself to appear before ther Lordships when called for or finding Cautione for that effect As the said petitione bears Ane other of the saids petitiones at the instance of Thomas Blair of Ballthaoick for himself and in name and behalf of the other freinds of Kinfauns on the father and motehr Syde Shewing That wher the petitioners raised a perswite befor ther Lordships against Phinhaven for one of the most attrocious attempts that ever was brought befor ther Lordships in a mater of that kind with all the aggravatting circumstances of breach of trust wnfaithfullnes to a nephew and boy of fourtein yeirs of age contempt of the Lawes of nature nationes and of the authoritie of the cowrt wher the Samen was committed Supported by a cheatting of the Law and manifest evasione in a Judiciall oath which deserves a very hard name that ther Lordships would pwnish the abwses pwtt by him upon Kinfauns (to whom he had being tutor) in the choise of his curators by a pretended electione which pairtly by force and pairtly by fraud he caused Kinfauns to make befor The Shirreff deput of Forfar In which perswite the petitioners haveing prevailled and ther Lordships haveing Found not only ther electione null and void But Phinhaven gwiltie of the foirsaids manifold abuses in all reasone the petitioners ought to be refounded of ther expensses as acting dwetifullie for ther wndefeinded kinsman in hazard to be imposed upon and betrayed as said is Lykeas the said perswite befor ther Lordships by reasone of the great oppositione made by Phinhaven and the attendance to which they were obleidged hath bein verie expenssive And therfore humbly craveing ther Lordships to tax ther said expenss and decerne for the same As the said petitione at more Lenth bears And the third of the saids petitiones given in by the wittnesses adduced in the process persewed befor the Councell at the instance of the Laird of Kinfauns Bellthayock and others against the Laird of Phinhaven Anent the Curatrie viz James Blair of Ardblair Patrick Lyon of Ballgilly Gilbert Ramsay baillie of Forfar John Fallconer of Ballmashanock James Blair of Glaschloon Alexander Blair of Inshyre Mr John Lyon Shirreff clerk of Forfar William Dickiesone Towne Clerk William Wee wryter of Forfar Alexander Jaffery towne Thesaurer James Dall writer the George Cuthbert wryter ther Alexander Cook wryter ther Shewing That wher they are cited and called as wittnesses befor ther Lordships in the foirsaid actione and obleidged to come to Edinburgh and attend the Same Since the twentie nynth of october to the Sixtein of November Last inclwsive Dureing which tyme they for themselvs horses and servants have bein at very considerable expensses which Conforme to ther Lordships dayly practise and custome they owght to be payed and Satisfied by aither of the saids pairties And they haveing formerly applyed to ther Lordships They ordained Mr James Carnegie of Phinhaven to make payment to Alexander Aliesone for our accompt of Sixtein Shilling per diem from the said nyntyne of october to the said sixtein of November therefter inclusive and granted warrand for Letters of horning against him for payment therof on twentie four houres As to which interloquitor with all deference they represent to ther Lordships that any man Led as a witnes declaireing he had a horse is allowed sixtein Shilling per diem But the petitioners humblie Conceave that considering they are Gentlemen and had not only horses to themselvs But alsoe to ther Servants and being tyed to closs attendance dureing the foirsaid Space they for themselvs horses and servants were at very great chairges and expensses farr above what was formerly by ther Lordships allowed and over and above they are obleidged to be at the chairges of this and a former applicatione and also must extract the act and wse horneing which will near take the third of ther Lordships former allowance And therfore humbly craveing ther Lordships would consider the premisses and decerne and ordaine the said Mr James Carnegie to make payment to them of the Soume of thrie punds per fiem for each of the foirsaids dayes togither with what chairges and expensses they may be at in obtaining payment therof And that in regaird of the great expensses and trouble they have bein putt to in the said affaire And that it is most ordinary for people of ther qwalitie and Statione to have the foirsaid allowance haveing not only ther own but ther Servants to mentaine As also the said Patrick Lyon of Ballgilly over and above the foirsaids dayes is now againe called over as a witnes to the mariage and that notwithstanding he was at Edinburgh the tyme therof and therby hes bein obleidged to attend theron Since the twelve of Febrwary instant and will be the twentie Sixth ditto befor he can returne to his own house so that above the foirsaid allowance for the first process which was anent the curatrie he humbly craves ther Lordships may also modifie to him what expensses they Judge necessar for the foirsaid Space anent the mariage and to decerne Summar payment therof As the said petitione at more lenth beares The Lords of his majesties privie Counsell haveing this day Considered the saids haill thrie petitioners above uritten They by ther Sentance decerned and ordained the said Mr James Carnegie of Phinhaven to make payment and satisfactione to Thomas Blair of Bellthayock petitioner for himself and in name and behalf of the other freinds of the Laird of Kinfauns on the father and mothers Syde of the Soume of Ane hundereth and fifftie pwnds Sterleing of the expenss debursed be The Laird of Bellthayock and the freinds foirsaids upon both processes intended befor The Cowncell at the instance of The Laird of Kinfauns against The Laird of Phinhaven anent the curatrie and anent The mariage and ordaines the said Thomas Blair of Bellthayock to Satisfie the wittnesses expensses so far as is not all readie decerned against the said Laird of Phinhaven owt of the first end of the said Soume And ordaines Letters on six dayes wnder the Signet of Counsell and uthers to pass heiron in forme as effeirs And ordaines the said Laird of Phinhaven to continue prisoner untill he make payment of the Said Soume of Ane hundereth and fiftie pund Sterleing And upon payment of the Said Soume The Saids Lords of his majesties privie Counsell Doe heirby give order and warrand to the magistrats of Edinburgh and keeper of ther Tollbwith to Sett the Said Mr James Carnegie of Phinhaven at Libertie furth therof In respect he hes given bond and found Sufficient Cautione acted in the books of privie Counsell that he shall attend all the dyets of Counsell or Committie appointed or to be appointed in the said process when ever he shall be called or requyred therto And that wnder the penaltie of Two hundereth punds Sterleing in caice he Shall faill in any pairt of the premisses As also In respect the said Mr James Carnegie of Phinhaven in obedience and conforme to a delyverance of The Lords of privie Counsell upon a bill of Suspensione containing a charge to putt at Libertie presented by Phinhaven of the date the tenth of March instant hath consigned in the hands of Sir Gilbert Eliot advocat one of the Clerks of his Majesties privie Counsell the said Soume of Ane hundereth and fiftie pund Sterleing appointed to be payed by the above interloquitor

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/81

Act

Act The Lairds of Phinhaven and Bethaiock

Anent the petitiones given in to The Lords of his majesties privie Counsell The one therof be Mr James Carnegie of Phinhaven Shewing that the petitioner being by their Lordships order Comitted prisoner to the tollbwth of Edinburgh and haveing remained ther for about the Space of Six weeks Ther Lordships were graceousely pleased to ordaine the petitioner to be sett at Libertie upon his finding sufficient Cautione to appeare befor their Lordships when called and accordingly he was sett at Libertie upon cawtione But within few dayes efter he was Liberat out of prisone ther is a new complaint raised at the instance of The Laird of Kinfauns and his curators against the petitioners and his Lady and his Lady2 the the petitioners doughter for declaireing ther mariadge void and null and the Same being called ther Lordships were pleased to ordaine the petitioner within eight dayes therefter to produce The Lady Kinnfauns at the barr under the penaltie of Ten Thowsand merks or otherwayes to goe back to prisone and the petitioner not haveing a cawtion or readie for soe great a soume did frielie submitt and comply with the other alternative of ther Lordships interloqwitor by reentering into prisone the very same might Notwithstanding wherof and that the weather was very tempestwows and Stormie at the tyme The Lady Kinfauns did appear befor ther Lordships at the barr And ther being a full heareing before their Lordships upon the said complaint they were pleased to declyne to Judge in the petitioners doughters mariadge with Kinfauns and did remit the other points of the Lybell against the petitioner to probatione And accordingly ther haveing bein severall wittnesses examined therupon The petitioner is very hopefull that the great clamoure made against him in the saids complaints at the adviseing of the depositiones will not be found proven And Seing the petitioner hath bein soe Long detained prisoner to the great prejudice both of his health and privat affairs And that ther Lordships (as he is informed) are resolved to adjurne for some considerable tyme And as he never intended to give the Least offence So he is heartiely Sorrie that he Should have done any thing that might have given ther Lordships the Least displeasure And he humbly craves pardone for the Same And therfore humblie craveing ther Lordships to take the premisses to ther Sereows consideratione and to ordaine the petitioner to be Sett at Libertie upon his inacting himself to appear before ther Lordships when called for or finding Cautione for that effect As the said petitione bears Ane other of the saids petitiones at the instance of Thomas Blair of Ballthaoick for himself and in name and behalf of the other freinds of Kinfauns on the father and motehr Syde Shewing That wher the petitioners raised a perswite befor ther Lordships against Phinhaven for one of the most attrocious attempts that ever was brought befor ther Lordships in a mater of that kind with all the aggravatting circumstances of breach of trust wnfaithfullnes to a nephew and boy of fourtein yeirs of age contempt of the Lawes of nature nationes and of the authoritie of the cowrt wher the Samen was committed Supported by a cheatting of the Law and manifest evasione in a Judiciall oath which deserves a very hard name that ther Lordships would pwnish the abwses pwtt by him upon Kinfauns (to whom he had being tutor) in the choise of his curators by a pretended electione which pairtly by force and pairtly by fraud he caused Kinfauns to make befor The Shirreff deput of Forfar In which perswite the petitioners haveing prevailled and ther Lordships haveing Found not only ther electione null and void But Phinhaven gwiltie of the foirsaids manifold abuses in all reasone the petitioners ought to be refounded of ther expensses as acting dwetifullie for ther wndefeinded kinsman in hazard to be imposed upon and betrayed as said is Lykeas the said perswite befor ther Lordships by reasone of the great oppositione made by Phinhaven and the attendance to which they were obleidged hath bein verie expenssive And therfore humbly craveing ther Lordships to tax ther said expenss and decerne for the same As the said petitione at more Lenth bears And the third of the saids petitiones given in by the wittnesses adduced in the process persewed befor the Councell at the instance of the Laird of Kinfauns Bellthayock and others against the Laird of Phinhaven Anent the Curatrie viz James Blair of Ardblair Patrick Lyon of Ballgilly Gilbert Ramsay baillie of Forfar John Fallconer of Ballmashanock James Blair of Glaschloon Alexander Blair of Inshyre Mr John Lyon Shirreff clerk of Forfar William Dickiesone Towne Clerk William Wee wryter of Forfar Alexander Jaffery towne Thesaurer James Dall writer the George Cuthbert wryter ther Alexander Cook wryter ther Shewing That wher they are cited and called as wittnesses befor ther Lordships in the foirsaid actione and obleidged to come to Edinburgh and attend the Same Since the twentie nynth of october to the Sixtein of November Last inclwsive Dureing which tyme they for themselvs horses and servants have bein at very considerable expensses which Conforme to ther Lordships dayly practise and custome they owght to be payed and Satisfied by aither of the saids pairties And they haveing formerly applyed to ther Lordships They ordained Mr James Carnegie of Phinhaven to make payment to Alexander Aliesone for our accompt of Sixtein Shilling per diem from the said nyntyne of october to the said sixtein of November therefter inclusive and granted warrand for Letters of horning against him for payment therof on twentie four houres As to which interloquitor with all deference they represent to ther Lordships that any man Led as a witnes declaireing he had a horse is allowed sixtein Shilling per diem But the petitioners humblie Conceave that considering they are Gentlemen and had not only horses to themselvs But alsoe to ther Servants and being tyed to closs attendance dureing the foirsaid Space they for themselvs horses and servants were at very great chairges and expensses farr above what was formerly by ther Lordships allowed and over and above they are obleidged to be at the chairges of this and a former applicatione and also must extract the act and wse horneing which will near take the third of ther Lordships former allowance And therfore humbly craveing ther Lordships would consider the premisses and decerne and ordaine the said Mr James Carnegie to make payment to them of the Soume of thrie punds per fiem for each of the foirsaids dayes togither with what chairges and expensses they may be at in obtaining payment therof And that in regaird of the great expensses and trouble they have bein putt to in the said affaire And that it is most ordinary for people of ther qwalitie and Statione to have the foirsaid allowance haveing not only ther own but ther Servants to mentaine As also the said Patrick Lyon of Ballgilly over and above the foirsaids dayes is now againe called over as a witnes to the mariage and that notwithstanding he was at Edinburgh the tyme therof and therby hes bein obleidged to attend theron Since the twelve of Febrwary instant and will be the twentie Sixth ditto befor he can returne to his own house so that above the foirsaid allowance for the first process which was anent the curatrie he humbly craves ther Lordships may also modifie to him what expensses they Judge necessar for the foirsaid Space anent the mariage and to decerne Summar payment therof As the said petitione at more lenth beares The Lords of his majesties privie Counsell haveing this day Considered the saids haill thrie petitioners above uritten They by ther Sentance decerned and ordained the said Mr James Carnegie of Phinhaven to make payment and satisfactione to Thomas Blair of Bellthayock petitioner for himself and in name and behalf of the other freinds of the Laird of Kinfauns on the father and mothers Syde of the Soume of Ane hundereth and fifftie pwnds Sterleing of the expenss debursed be The Laird of Bellthayock and the freinds foirsaids upon both processes intended befor The Cowncell at the instance of The Laird of Kinfauns against The Laird of Phinhaven anent the curatrie and anent The mariage and ordaines the said Thomas Blair of Bellthayock to Satisfie the wittnesses expensses so far as is not all readie decerned against the said Laird of Phinhaven owt of the first end of the said Soume And ordaines Letters on six dayes wnder the Signet of Counsell and uthers to pass heiron in forme as effeirs And ordaines the said Laird of Phinhaven to continue prisoner untill he make payment of the Said Soume of Ane hundereth and fiftie pund Sterleing And upon payment of the Said Soume The Saids Lords of his majesties privie Counsell Doe heirby give order and warrand to the magistrats of Edinburgh and keeper of ther Tollbwith to Sett the Said Mr James Carnegie of Phinhaven at Libertie furth therof In respect he hes given bond and found Sufficient Cautione acted in the books of privie Counsell that he shall attend all the dyets of Counsell or Committie appointed or to be appointed in the said process when ever he shall be called or requyred therto And that wnder the penaltie of Two hundereth punds Sterleing in caice he Shall faill in any pairt of the premisses As also In respect the said Mr James Carnegie of Phinhaven in obedience and conforme to a delyverance of The Lords of privie Counsell upon a bill of Suspensione containing a charge to putt at Libertie presented by Phinhaven of the date the tenth of March instant hath consigned in the hands of Sir Gilbert Eliot advocat one of the Clerks of his Majesties privie Counsell the said Soume of Ane hundereth and fiftie pund Sterleing appointed to be payed by the above interloquitor

1. NRS, PC2/27, 101v-104r.

2. Sic.

1. NRS, PC2/27, 101v-104r.

2. Sic.

Act, 3 March 1698, Edinburgh

Posted on by

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/71

Act

Act Tulloch and Dempster Against Earle of Seaforth

Anent the petitione given in to the Lords of his majesties privie Counsell be John Baine younger of Twlloch Shewing That ther Lordships petitioner being about his Laufull affairs upon the Seventh of October Last in the towne of Chanry in Ross in the house of David Mckullock one of the baillies of the said towne Dreading no hurt Judgeing him Self Secure wnder the protectione of his majesties government and Lawes and behaveing himself as a dwetifull Subject Mr William Baillie Roderick Mckeinzie Simon Mckeinzie John Forsyth domestick servants to The Earle of Seaforth and Donald Moriesone Staibler in the said towne of Chanrie by the hunding out of the said Earle Leaveing ther accomplices without doors in manifest contempt of the government most barbarousely with staves and other offensive weapons entered the roume wher the petitioners was at Dinner and first haveing seased and broken his pistolls most crwellie bate wounded and abused him to the great effwsione of his blood and when the said baillie Mckullock commanded them in the Kings name to forbeare these horrid barbarities The said Roderick Mckeinzie replyed they valued not him nor his King for they Commanded ther And likewayes the said Mr William said they were now above these things And when ther Lordships petitioner was scarce able to stand upon his feet for the many greivows and severe Strocks he receaved from them as if he were ane malefactor they dragged him out of his chamber and caried him bare headed through the streets untill they brought him to the closs at the Earles house and haveing bolted the gaites that ther might be noe wittnesses to his wseage ther they Sent to The Earle to know what furder orders he wowld give anent the petitioner and the persone Sent haveing returned all of them a pairt Comowned with him and then brought the petitioner to The Earles yeard wher Likewise they baite and abused him and threatned to Kill him if he would not Sweare and give it under his hand never to represent or persew The Earle or any of them for what was at present Done at Invernes wher they deforced the Messinger which he refwiseing they robbed him of severall papers he had about him and then Lett him goe upon which most attrociows mater of fact ther Lordships petitioner being very confident ther Lordships would in vindicatione of the honor of the government fall upon effectwall meanes to Suppress Such manifest oppressiones raised a lybell against The Earle and his foirsaids Servants wherupon they were cited to the fourth of Janwary Last and non Compeareing certificatione was admitted against them which can be of noe import to the petitioner Seing no Legall Sentance can be execute at the petitioners instance against The Earle or his accomplices in that Countrie And that now The Earle is upon the place But will goe presently north Ther Lordships haveing taken off his confinement And Therfore humbly craveing ther Lordships to take the premisses to ther Sereows consideratione and ordaine The Earle befor he be allowed to goe hom first to find good Suretie to appeare in this the petitioners process to the end Secondly that he produce his foirsaids Servants for whom he is answerable by Law Especiallie Seing he intertained and harboured them in his house and Service for a considerable tyme efter Committing of the said Cryme Tertio that he pay to the petitioner what expensses he hes alreadie putt him to through his not compearance which the petitioner cannot but value to be upwards of six Hundereth pund Scotts by and attour the damnadge he Sustaines through his absence from his Laufull affairs and the expensses he is putt to by his attendance here Qwarto that in respect non of the witnesses for proveing the said mater of fact will compeare by reasone of The Earles awthoritie and Command in that Cowntrey to ordaine the Shirreff of that Shyre to take and Secure them till they give Sufficient Suretie each of them to compeare against Swch a day as ther Lordships Shall please to appoint to the defenders to ansuer to the lybell As the Said petitione bears Which petitione being this day read and considered be the saids Lords of his majesties privie Cownsell They Doe heirby decerne and ordaine The Said Earle of Seaforth to give bond and find Sufficient Cawtione acted in the books of privie Counsell That he shall appeare before the saids Lords upon the first twesday of Jullie next to come and answere to the Lybell depending befor The Councell at the instance of Sir John Dempster of Pitliver and The Laird of Tulloch against his Lordshipe And that he Shall attend the haill dyets of Counciell or ther Committie to be appointed in the Said mater And to obtemper and fullfill the Sentence of Councell to be given and pronunced in the said mater And furder That the said Earle of Seaforth Shall exhibit and produce in presence of the saids Lords of privie Counsell the persones of Mr William Baillie Roderick Mckeinzie Simeon Mckeinzie and John Forsyth domestick servants to his Lordshipe And the persone of Donald Moriesone Stabler in the towne of Chanry belonging to the said Earle And that in the termes of the two hundereth and twentie Seventh act fourtein parliament King James the sixth upon the said first twesday of Jwllie next to come wnder the penaltie of Five Hundereth punds Sterleing in caice he shall transgress in any pairt of the premisses and Give order and warrand to the Shirreff principall of the Shyre of Ross within which Shyre the wittnesses efternamed doe Live and reside to seaze upon and Secure the persones of David Mcculloch Baillie of Chanry Aneas Mclaud towne clerk of Edinburgh Donald Bame Brother to Ronald Bame of Knockbame Peter Lamb in Chanry Donald Davidsone glover ther Kenneth Mckeinzie cordiner ther John Fraser Robert Ross yownger of Merkmish Alexander Mckeinzie younger of Sands John Cuthbert of Draikies Late proveist of Innvernes Kenneth Mckeinzie of Swddie Mr Colline Mckeinzie Doctor of Medicine at Invernes Alexander Cuming wryter ther David Fouller younger merchand ther John Hepburne gwnner ther Alexander Baillie one of the towne officers of Innvernes and William Ross Servitor to James Baillie Shirreff clerk of Innvernes wittnesses cited in the said process ay and untill they and each one of them find Sufficient Sovertie to the Said Shirreff and his deputs that they shall appeare before The Councell upon the said first twesday of Jully next and beare witnes in the foirsaid actione And the saids Lords Superceeds to give ansuer to that point of the petitione anent expensses untill adviseing of the said cause And the saids Lords doe heirby declare the certificatione pronunced by ther Lordships in the foirsaid process to Stand in full force and effect But dischairges any executione to be Done upon the foirsaid certificatione or upon the Letters of Denunceatione to be raised ther on And Discharges the registrating of the saids Letters or executione therof untill the saids Lords proceed in this maiter And ordaines Letters of horning on fiftein dayes and others neidfull wnder the Signet of Counsell to be direct heiron in forme as effeirs

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/71

Act

Act Tulloch and Dempster Against Earle of Seaforth

Anent the petitione given in to the Lords of his majesties privie Counsell be John Baine younger of Twlloch Shewing That ther Lordships petitioner being about his Laufull affairs upon the Seventh of October Last in the towne of Chanry in Ross in the house of David Mckullock one of the baillies of the said towne Dreading no hurt Judgeing him Self Secure wnder the protectione of his majesties government and Lawes and behaveing himself as a dwetifull Subject Mr William Baillie Roderick Mckeinzie Simon Mckeinzie John Forsyth domestick servants to The Earle of Seaforth and Donald Moriesone Staibler in the said towne of Chanrie by the hunding out of the said Earle Leaveing ther accomplices without doors in manifest contempt of the government most barbarousely with staves and other offensive weapons entered the roume wher the petitioners was at Dinner and first haveing seased and broken his pistolls most crwellie bate wounded and abused him to the great effwsione of his blood and when the said baillie Mckullock commanded them in the Kings name to forbeare these horrid barbarities The said Roderick Mckeinzie replyed they valued not him nor his King for they Commanded ther And likewayes the said Mr William said they were now above these things And when ther Lordships petitioner was scarce able to stand upon his feet for the many greivows and severe Strocks he receaved from them as if he were ane malefactor they dragged him out of his chamber and caried him bare headed through the streets untill they brought him to the closs at the Earles house and haveing bolted the gaites that ther might be noe wittnesses to his wseage ther they Sent to The Earle to know what furder orders he wowld give anent the petitioner and the persone Sent haveing returned all of them a pairt Comowned with him and then brought the petitioner to The Earles yeard wher Likewise they baite and abused him and threatned to Kill him if he would not Sweare and give it under his hand never to represent or persew The Earle or any of them for what was at present Done at Invernes wher they deforced the Messinger which he refwiseing they robbed him of severall papers he had about him and then Lett him goe upon which most attrociows mater of fact ther Lordships petitioner being very confident ther Lordships would in vindicatione of the honor of the government fall upon effectwall meanes to Suppress Such manifest oppressiones raised a lybell against The Earle and his foirsaids Servants wherupon they were cited to the fourth of Janwary Last and non Compeareing certificatione was admitted against them which can be of noe import to the petitioner Seing no Legall Sentance can be execute at the petitioners instance against The Earle or his accomplices in that Countrie And that now The Earle is upon the place But will goe presently north Ther Lordships haveing taken off his confinement And Therfore humbly craveing ther Lordships to take the premisses to ther Sereows consideratione and ordaine The Earle befor he be allowed to goe hom first to find good Suretie to appeare in this the petitioners process to the end Secondly that he produce his foirsaids Servants for whom he is answerable by Law Especiallie Seing he intertained and harboured them in his house and Service for a considerable tyme efter Committing of the said Cryme Tertio that he pay to the petitioner what expensses he hes alreadie putt him to through his not compearance which the petitioner cannot but value to be upwards of six Hundereth pund Scotts by and attour the damnadge he Sustaines through his absence from his Laufull affairs and the expensses he is putt to by his attendance here Qwarto that in respect non of the witnesses for proveing the said mater of fact will compeare by reasone of The Earles awthoritie and Command in that Cowntrey to ordaine the Shirreff of that Shyre to take and Secure them till they give Sufficient Suretie each of them to compeare against Swch a day as ther Lordships Shall please to appoint to the defenders to ansuer to the lybell As the Said petitione bears Which petitione being this day read and considered be the saids Lords of his majesties privie Cownsell They Doe heirby decerne and ordaine The Said Earle of Seaforth to give bond and find Sufficient Cawtione acted in the books of privie Counsell That he shall appeare before the saids Lords upon the first twesday of Jullie next to come and answere to the Lybell depending befor The Councell at the instance of Sir John Dempster of Pitliver and The Laird of Tulloch against his Lordshipe And that he Shall attend the haill dyets of Counciell or ther Committie to be appointed in the Said mater And to obtemper and fullfill the Sentence of Councell to be given and pronunced in the said mater And furder That the said Earle of Seaforth Shall exhibit and produce in presence of the saids Lords of privie Counsell the persones of Mr William Baillie Roderick Mckeinzie Simeon Mckeinzie and John Forsyth domestick servants to his Lordshipe And the persone of Donald Moriesone Stabler in the towne of Chanry belonging to the said Earle And that in the termes of the two hundereth and twentie Seventh act fourtein parliament King James the sixth upon the said first twesday of Jwllie next to come wnder the penaltie of Five Hundereth punds Sterleing in caice he shall transgress in any pairt of the premisses and Give order and warrand to the Shirreff principall of the Shyre of Ross within which Shyre the wittnesses efternamed doe Live and reside to seaze upon and Secure the persones of David Mcculloch Baillie of Chanry Aneas Mclaud towne clerk of Edinburgh Donald Bame Brother to Ronald Bame of Knockbame Peter Lamb in Chanry Donald Davidsone glover ther Kenneth Mckeinzie cordiner ther John Fraser Robert Ross yownger of Merkmish Alexander Mckeinzie younger of Sands John Cuthbert of Draikies Late proveist of Innvernes Kenneth Mckeinzie of Swddie Mr Colline Mckeinzie Doctor of Medicine at Invernes Alexander Cuming wryter ther David Fouller younger merchand ther John Hepburne gwnner ther Alexander Baillie one of the towne officers of Innvernes and William Ross Servitor to James Baillie Shirreff clerk of Innvernes wittnesses cited in the said process ay and untill they and each one of them find Sufficient Sovertie to the Said Shirreff and his deputs that they shall appeare before The Councell upon the said first twesday of Jully next and beare witnes in the foirsaid actione And the saids Lords Superceeds to give ansuer to that point of the petitione anent expensses untill adviseing of the said cause And the saids Lords doe heirby declare the certificatione pronunced by ther Lordships in the foirsaid process to Stand in full force and effect But dischairges any executione to be Done upon the foirsaid certificatione or upon the Letters of Denunceatione to be raised ther on And Discharges the registrating of the saids Letters or executione therof untill the saids Lords proceed in this maiter And ordaines Letters of horning on fiftein dayes and others neidfull wnder the Signet of Counsell to be direct heiron in forme as effeirs

1. NRS, PC2/27, 99r-101v.

1. NRS, PC2/27, 99r-101v.

Sederunt, 3 March 1698, Edinburgh

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Att Edinburgh the third day of March Jaj vic nyntie eight yeirs1

D1698/3/62

Sederunt

Lord Chancellor; Earl of Sutherland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbatt; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs1

D1698/3/62

Sederunt

Lord Chancellor; Earl of Sutherland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbatt; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne

1. NRS, PC2/27, 99r.

2. NRS, PC2/27, 99r.

1. NRS, PC2/27, 99r.

2. NRS, PC2/27, 99r.

Order, 1 March 1698, Edinburgh

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Att Edinburgh the first day of March Jaj vic nyntie eight yeirs

D1698/3/51

Order

Recomendatione Lord Fobess to the Thesaurie

The Lords of his majesties privie Cownsell Doe heirby Recomend The Lord Forbess to The Lords Commissioners of his majesties Thesaurie in reference to the debts resting to the said regiment be the Thesaurie And also in reference to the debts resting be the said regiment to The Lord Forbess

Att Edinburgh the first day of March Jaj vic nyntie eight yeirs

D1698/3/51

Order

Recomendatione Lord Fobess to the Thesaurie

The Lords of his majesties privie Cownsell Doe heirby Recomend The Lord Forbess to The Lords Commissioners of his majesties Thesaurie in reference to the debts resting to the said regiment be the Thesaurie And also in reference to the debts resting be the said regiment to The Lord Forbess

1. NRS, PC2/27, 98r-99r.

1. NRS, PC2/27, 98r-99r.

Order, 1 March 1698, Edinburgh

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Att Edinburgh the first day of March Jaj vic nyntie eight yeirs

D1698/3/41

Order

Recomendatione to The Magistrats of Barbadoes anent Stewarts

Forasmuchas applicatione and Complaint hath bein made to Patrick Earle of Marchmont etc The Marqwes of Tweedale The Earle of Southerland The Earle of Buchan The Earle of Lauderdale The Earle of Leven The Earle of Annandale The Earle of Ruglen The Viscount [of] Tarbatt The Lord Montgomry The Lord Forbess The Lord Carmichael The Lord Carmichaell2 The Lord Ruthven The Lord Advocat The Lord Justice clerk The Lord Fountainhall The Lord Anstruther The Lord Rankeillor The Laird of Grant The Laird of Pollock The Laird of Blackbarrony The Lord Proveist of Edinburgh And The Laird of Kellburne Lords of his majesties most honorable privie Counsell for the Kingdome of Scotland Representing That James Stewart Servitor The Earle of Southesque and John Stewart in Coattowne of Bonnytowne Have procured affedavits to be made befor the magistrats of Montrose aither of them in favoures of himself for proveing them to be nearest kinsemen by blood and consanqwinitie to the deceast David Stewart Late of the Island of Barbadoes And that Letters of acturney had therupon bein granted by both of them for intrometting with and disposeing upon The estate which belonged to The Said David Stewart the tyme of his death and the veritie of tehse affedavits being by them qwarrelled hinc inde befor the saids Lords of privie Counsell wherby it does not at present certainly appeare whither the said James or John Stewarts be the nearest kinsman to the said deceast David Stewart Therfor The saids Lords of his majesties privie Counsell for the kingdom of Scottland doe Suspend and dischairge all effect of the foirsaids affedavits untill exact and legall tryall be made befor them by probatione and other wayes whither the said James and John Stewarts be nearest kinsmen to the said deceist David Stewart And heirby The saids Lords reqweist and recomend To The Honorable The governour and all inferior magistrats of the said Island off Barbardoes to dischairge and cause Superceed all procedure of Law upon the foirsaids affidavits taken befor the magistrats of Montrose and Letters of Actwrney following theron for intrometting with or disposeing upon the estate moveables Chatles which belonged to the said David Stewart the tyme of his decease or any pairt of the Same untill a full and trwe report efter tryall taken befor the saids Lords of privie Counsell for the Kingdome of Scotland be made of the said mater And therby it be made appeare to the Said Government and magistrats of the said Island of Barbardoes who is reallie the nearest Kinsman to the said deceast David Stewart Signed in presence and by order of The Lords of his majesties most honorable privie Counsell for the Kingdome of Scottland By Patrick Earle of Marchmont Viscount of Blasonberrie Lord Pollwarth of Pollwarth and Lord High Chancellor of Scotland And the seall of the privie Counsell is by order foirsaid hereto affixt.

Att Edinburgh the first day of March Jaj vic nyntie eight yeirs

D1698/3/41

Order

Recomendatione to The Magistrats of Barbadoes anent Stewarts

Forasmuchas applicatione and Complaint hath bein made to Patrick Earle of Marchmont etc The Marqwes of Tweedale The Earle of Southerland The Earle of Buchan The Earle of Lauderdale The Earle of Leven The Earle of Annandale The Earle of Ruglen The Viscount [of] Tarbatt The Lord Montgomry The Lord Forbess The Lord Carmichael The Lord Carmichaell2 The Lord Ruthven The Lord Advocat The Lord Justice clerk The Lord Fountainhall The Lord Anstruther The Lord Rankeillor The Laird of Grant The Laird of Pollock The Laird of Blackbarrony The Lord Proveist of Edinburgh And The Laird of Kellburne Lords of his majesties most honorable privie Counsell for the Kingdome of Scotland Representing That James Stewart Servitor The Earle of Southesque and John Stewart in Coattowne of Bonnytowne Have procured affedavits to be made befor the magistrats of Montrose aither of them in favoures of himself for proveing them to be nearest kinsemen by blood and consanqwinitie to the deceast David Stewart Late of the Island of Barbadoes And that Letters of acturney had therupon bein granted by both of them for intrometting with and disposeing upon The estate which belonged to The Said David Stewart the tyme of his death and the veritie of tehse affedavits being by them qwarrelled hinc inde befor the saids Lords of privie Counsell wherby it does not at present certainly appeare whither the said James or John Stewarts be the nearest kinsman to the said deceast David Stewart Therfor The saids Lords of his majesties privie Counsell for the kingdom of Scottland doe Suspend and dischairge all effect of the foirsaids affedavits untill exact and legall tryall be made befor them by probatione and other wayes whither the said James and John Stewarts be nearest kinsmen to the said deceist David Stewart And heirby The saids Lords reqweist and recomend To The Honorable The governour and all inferior magistrats of the said Island off Barbardoes to dischairge and cause Superceed all procedure of Law upon the foirsaids affidavits taken befor the magistrats of Montrose and Letters of Actwrney following theron for intrometting with or disposeing upon the estate moveables Chatles which belonged to the said David Stewart the tyme of his decease or any pairt of the Same untill a full and trwe report efter tryall taken befor the saids Lords of privie Counsell for the Kingdome of Scotland be made of the said mater And therby it be made appeare to the Said Government and magistrats of the said Island of Barbardoes who is reallie the nearest Kinsman to the said deceast David Stewart Signed in presence and by order of The Lords of his majesties most honorable privie Counsell for the Kingdome of Scottland By Patrick Earle of Marchmont Viscount of Blasonberrie Lord Pollwarth of Pollwarth and Lord High Chancellor of Scotland And the seall of the privie Counsell is by order foirsaid hereto affixt.

1. NRS, PC2/27, 98r-99r.

2. Sic.

1. NRS, PC2/27, 98r-99r.

2. Sic.

Decreet, 1 March 1698, Edinburgh

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Att Edinburgh the first day of March Jaj vic nyntie eight yeirs

D1698/3/31

Decreet

Interloquitor and Comissione James Stewart Against John Stewart and the magistrats of Montrose

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of James Stewart Servitor to The Earle of Southesqe with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Mentioning That wher all open and manifest fraud and wnjust designes in carieing away and imbazleing the fortwne of any persone efter his decease from his trwe and Laufull air and nearest of Kinn and endeavoureing to convey the Same to any other persone who is aither of no relatione to the persone deceast or not so near to him as the persone who hes bein Served air Are by the Laues of all well governed realmes and by the Lawes and acts of parliament of this natione are Crymes of a high nature and Severely pwnishable and Speciallie magistrats of Burghs who ought to be executors and dispenders of the Law to others haveing a hand in Swch contriveances ought and Should be Severely pwnished Yet trwe it is That David Stewart Late in Barbadoes haveing died ther and Left a considerable fortwne behind him both of Land and money the Said James Stewart Complainer did prove his propinqwitie of blood be famows witnesses befor the magistrats of Montrose Beareing him to be descended of John Stewart brother to the said David Stewart and that the said David was his grand wncle whose testimonies and depositions were signed by the proveist and baillies of Montrose and the townes Seall appended therto and the Said Complainer was also served and retourned as the only true and nearest air to the said David Yet John Fullartone of Kinnaber Mr Isaac Fullartone advocat his brother Hercules Smith merchand in Montrose ther brother in Law and Alexander Turnbull present proveist of Montrose Alexander Turnbull George Auchterlony Baillies ther and Andrew Craik clerk ther John Stewart Shoemaker in Bonetowne and James Williamsone in Collone of Uestertowne in the paroch of Criaig Concurring with Mr Thomas Fullartone brother to the said John Fullartone of Kinnaber and Sometyme acturneyes in Barbadoes (who as appears by Severall of his Letters therwith produced had ane wnjust designe to defraud the said David Stewart his nearest of kin of his estate both in money and Land) Did contrive amongst themselvs to gett ane other persone of the name of Stewart2 proven to be of kin and relatione to the Said David Stewart as is evident by a Letter from Kinnaber to The Earle of Sowthesque Albeit they knew that the said James Stewart complainer had alreadie proven his propinqwitie of blood to the said David Stewart and was air served and retourned to him and for that end they addwced William Chrystie dweller in the paroch of Craig and the said James Williamsone two witnesses who were beggars and knew nothing of the affair But deponed as they were instructed as appears evidently in that the one of them William Chrystie makes it cleare in his depositione that he did not soe much as know in what paroch Greenden is thowgh he depones that to be the place wher the said David Stewart was borne and wher he knew his father James Stewart and his mother Grizall Carnegie liveing expresslie asserting it to be in the paroch of Farnwell wheras it is in the paroch of Kinnaird and the other James Williamsone being brought befor Robert Reynold Late proveist of Montrose and William Coults Late baillie ther (by the said Mr Isaac Fullartowne requyreing them to take his depositione) was not able to ansuer any of the interrogators putt to him but was soe confounded that the proveist commanded him away And being prevailled on efter the Court by the said Mr Isaac with his brother Kinnaber and ther good brother Hercules Smith to hear him propose the interrogators the said Williamsone was not able to answer even in the method Mr Isaac proposed the qwestions All which the Said proveist and baillie can depone And even by ther depositiones they only prove John Stewart Shoemaker in Bounetonne to be descended of ane wncle of the Said David Stewarts wheras James Stewart the Earle of Southesques Servant is proven to be descended of Davids brother and Soe the nearer relatione and the trwe air Notwithstanding wherof they have made wse of this probatione haveing gotten Alexander Turnbull present proveist of Montrose Alexander Turnbull his Sone and George Auchterlonie present baillies ther to Signe the Samen and Andrew Craik clerk as notar to subscribe for the wittnesses and to append ther townes seall therto And they have sent this probatione So attested away with a Letter of acturney from the said John Stewart to some persone in Barbadoes to intromet with uplift and dispose upon the said David Stewart his effects ther Kinnaber haveing transacted with the said John Stewart for a Small and inconsiderable Soume By all which it is evident that the said John Fullartoune of Kinnaber Mr Isaac Fullartoune his brother Hercules Smith ther good brother and John Stewart Shoemaker are gwiltie of open and manifest frawd and most wnjust designes in carieing away and imbazleing the said David Stewart his fortoune in prejudice of the said James Stewart Complainer his only trwe air which can be interpret to be no Less then Robbertie and thift and the Said Alexander Turnbull proveist of Montrose Alexander Turnbull his Son and George Auchterlony baillies ther who took the Last probatione infavoures of the said John Stewart and Andrew Craik ther clerk who Subscribed as notar for the wittnesses are airt and pairt in the said wicked and fraudulent contriveance Seing the said James Stewart complainer had Led his probatione befor the Last magistrats of the Same burgh and had ther Subscriptions and ther seall appended therto and was served air to his said Grand wncle befor them and the said present magistrats ther Signeing the depositiones in favoures of the said John Stewart and appending the seall of the burgh therto being contrair to what the former magistrats had done efter ane exact and fwll tryell taken befor them for proveing the said James Stewart Complainer his propinqwitie and his being trwe air to the said David Stewart his Grandwncle is a reflectione upon the Justice and eqwitie of the natione And therfor the foirnamed persones ought not onlie to be decerned to send a contrair declaratione recalling the Last and acknowledgeing the said James Stewart Complainer his propinqwitie and attesting that he is the only nearest and true air to the said David Stewart And that he only hath right to the said David his haill estate in Land and money But also to find Sufficient Cautione to make up what prejudice or damnadges he hath Sustained or Shall Sustaine though ther former attestationes and the Letter of acturney following theron And alsoe to be pwnished in ther persones and goods to the terror of others and to prevent the Like wicked and fraudulent contriveances in tyme comeing And anent the charge given to the saids defenders to have compeared personallie before the saids Lords of his majesties privie Counsell at ane certaine day now bygone to have ansuered to the ground of the above complaint and have heard and sein such order and course taken theranent As the saids Lords Should think fitt under the paine of rebellion etc As in the principall Lybell or Letters of complaint with the executiones therof at more Lenth is contained As also anent ane other Lybell or Letters of complaint raised and perswed befor the saids Lords of privie Cownsell at the instance Alexander Turnbull present proveist of Montrose Alexander Turnbull and George Auchterlony Baillies ther Mr Isaac Fullartowne advocat Hercules Smith merchant in Montrose John Stewart Shoe maker in Bonetowne James Williamsone in Catton of Westertowne with Concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Mentioning That wher by the Laues of this and all uell governed nationes the tradwceing and defameing of our Leidges as gwiltie of theift and robberie is Severely pwnishable Especiallie these callumnies are reduced into infamows Lybells misrepresenteing persones of honor and integritie to the government And sicklyke by the one hundereth and fourtie act parliament fourtein King James the fifth It is staitut and ordained that if any persone murmurr against any Judge and proveth not a Sufficient ground for the Same he shall be pwnished with tinsell of his honor fame and dignitie and by the Lawes and custome of this natione Such persones as have not fame or dignitie to Lose ought to be pwnished in ther persones to the terror of others to Comitt the Lyke wher the meanes of ther conditione exempts them from the ordinary pwnishment As also by the tuentie Seventh act parliament Seventh James the fifth It is provided that whosoever Should molest trouble or wnqwiet the proveist and baillies of any burgh in wseing ther Liberties and priviledges they Should undergoe the paine of comon of oppressors And Likewise by the Lawes and customes of this kingdome the practizieing of wittnesses and makeing them depone for takeing away the Just rights of any of the Leidges by Setting up ane imposture as a true Successor of a defwnct to the exclusione of the Lineall Successor by blood whill the said reall and true Successor had commenced his probatione that soe the same might be transmitted to be cognosced by the Judges abroad wher the Subject did lye be of most daingerows conseqwences tending to the interversione of the propertie of our Leidges and the Subversione of the faith of publict Judicators Yet trwe it is and of veritie That James Stewart Servitor to The Earle of Southesque with concurse and assistance of Mr James Martine Late regent in Standrews is gwiltie of the crymes befor mentioned or ane or other of them in so far as primo he the said James Stewart by instigatione of the foirsaid Mr James Martine did wnjustly contrive the defrauding of the Complainer John Stewart in Bonetoun of his trwe interest which he hes right to as nearest of kin to the deceast David Stewart who died Lately in Barbardoes as appears by the following accompt of ther procedure viz Mr Thomas Fullartoune Late Sollicitor generall in Barbadoes haveing given ane accompt by a Letter to his brother The Laird of Kinnaber That the said David Stewart had told to him the said Mr Thomas his pedegrie and place of his nativitie in Scotland and particularlie that he had ane wncle called Robert Stewart of whom the said Complainer John Stewart he proved himself to be the grandchyld but no wayes mentioned that he had any brother wherupon the said Mr Thomas desyred Kinnaber to find out the defuncts nearest relatione and transmit the affidavits therof taken befor the magistrats of Montrose Conforme to the English forme that so the Successione might not fall to the […] According wherunto the said Complainer John Stewart adduced Some witnesses and particularly William Chrystie who proved his propinqwitie befor the magistrats of Montrose But Kinnaber haveing published the Letter and Mr Martine haveing gott ane of the doubles therof the said James Stewart is […] and resolveth to auteriorat the said Complainer And in order therto ther are wittnesses made to Signe oathes befor the minister of Kinnaird for proveing that the said James did descend of the defuncts brother that soe these witnesses might be fixed against recanting when they came to depone over againe befor the magistrats Notwithstanding of which precantione the first witness named William Rorie deponed negative uhen he was adduced before the magistrats But being immediatly interrupted by […] Howat Chamberland to The Earle who told proveist Ronald that the witnes was mistaken since he had deponed wtherwayes formerly and soe produced a double of his depositione before the minister and craved the witnesses might be allowed a while to recollect himself which being indulged The witnes returned to Court verie well instructed in his depositione As also James Dow another witness negative and so was dismissed as not probative But the Same man therefter being adduced depones in express termes Conforme to the former Notwithstanding of which irregular and wnarrantable procedure Maister Martine presents the foirsaids depositiones befor ane inqwist and obtaines James Stewart to be Served air to the defunct tho the said James had Severall tymes denyed any contigencie of blood to the defwnct before he knew of any prospect of advantage to be raised by it and all this was done efter the said Complainer John Stewart had Commenced his probatione The said James and his abbattors therby intending by a fraudulent anticipatione to deprive him of the Successione befor mentioned Secundo the said John Stewart and Mr Martine forseing that the Complainer the said John Stewart could not but prevaill in the event fall upon a project of preventing him by raiseing a most callumniows and Scandallous lybell against the complainer our saids Lords of privie Counsell wherin they are Staidged as gwiltie of noe Less then thift and robberie and that meerlie because they the saids magistrats did noe more then what is wswall and customarie in the lyke caices viz To take the depositiones of such witnesses as were offered to depone befor them without So much as Judgeing whither ther depositiones did prove or not or without so much as attesting that the said John Stewart was nearest of kin to the defwnct But allenarly narrating the mater of fact that past befor them And the said Mr […] Fullartoune asked onlie according to his informatione from his client the said John Stewart being consciows of the right of non els And the said Hercules Smith was not in the Least concerned in the foirsaid mater But only accedentallie present when the affair was Legallie gone abowt by the magistrats of Montrose and the said James Williamsone ane of the Complainers is accaused for thift and robberie for his deponing the trweth according to his conscience and which trweth is not only Sworne to by other wittnesses But is also nottar in the Countrie wherby it is obbiows how wnjustly the Saids Complainers are molested and traduced Tertio It does furder appear that the foirsaid complaint against them befor the Lords of our privie Counsell hes bein raised out of malice and designe to putt the saids Complainers to trowble and expenss by the instigatione of the said Mr Martine without any reasonable hope of furder Success In so far as ther being one Mr George Campbell incarcerat in the tollbwith of Monross he was given owt wnder the name of Martine of designe that his other creditors might not know of his being ther and therby they might be cheatted from arreasting Him the said Mar Martine requyred them to sett him at Friedome without a charge to sett at Libertie which they could nowise doe by the Lawes of this Kingdome Notiwthstanding wherof the said Mr Martine was so farr irritat at our doeing our dwetie that he expressly threatned that he Should make them reprnt it and they have now fownd the frwits therof by receaveing the foirsaid Lybell befor our Saids Lords And therfore the said James Stewart and Mr James Martine as actors airt and pairt in the abuses before mentioned ought and Should not only be pwnished in ther persones and goods for ther defamatione practiseing of wittness and intervensione of the Successione befor exprest But also ought and Should be decerned to refownd and pay to the saids Complainers ther damnadge and expenss incurred by Such a maliciows process and to find Cautione to the Complainers John Stewart that he Shall incurr no prejudice through the foirsaid pretended probatione and service in favoures of the said James Stewart which hes bein patched up in maner befor exprest to the terror of others to Commit the lyke in tyme comeing And anent the chairge given to the saids defenders to have Compeared personallie befor the saids Lords of our privie Counsell at ane certaine day now bypast to have ansuered to the grounds of the above Complaint and to have heard and sein such order and Course taken ther anent As the saids Lords Should think fitt wnder the paine of rebellion etc As in the principall lybell and Letters of Complaint with the executiones therof at more Length is contained The above Lybell at the instance of James Stewart Servitor to The Earle of Southesque with concurse of his majesties advocat Against John Fullartoune of Kineber Hercules Smith merchand in Montrose Alexander Turnbull proveist ther Alexander Turnbull and George Auchterlonie baillies ther Androw Cracktowne clerk ther John Stewart in Coltoune James Williamsone in Cottertoune and Mr Isaac Fullartoune Advocat being this day Called in presence of the Lords of his majesties privie Counsell and James Stewart the persewer Compeareing personallie with Sir David Thores Mr Thomas Skeen and Mr David Dallrimple as advocats for him and Mr James Martine partie called as defenders in the reconventione efter mentioned And the said Hercules Smith Alexander Turnbull George Auchterlonie Androw Craick John Stewart and Mr Isaac Fullartoune Six of the defenders in the principall Lybell who are also persewers in the reconventione Compeareing personallie and John Fullartoune of Kinaber Alexander Turnbull proveist and James Williamsone in Cattertoune thrie of the defenders in the principall cause who are also persewers in the reconvention being Lawfully cited oft tymes called and not compearing and Mr David Cwninghame Sir Alexander Cuming of Culter Mr David Forbes and Mr Francis Grant Compeareing as advocats for the haill defenders persewars in the reconventione And the lybell of reconventione at the instance of the defenders in the principall cause against the said James Stewart persewer therof and the said Mr James Martine being alsoe called and both pairties haveing Compeared as above marked The principall Lybell and answers therto being read in presence of the saids Lords of privie Counsell They doe heirby grant full power and Commissione to […] Earle of Strathmore Shirreff principall of the Shirreffdome of Forfar and to Mr William Gray of Innereichtie his Lordship3 depute in the said office with power to them to choise ther own clerk for whom they Shall be answerable to take and receave the oathes and depositiones of Such famous wittnesses as are cited befor the Saids Lords upon the principall Lybell raised at James Stewarts instance and also to take and receave the oathes and depositiones of Such famows wittnesses as are cited befor the saids Lords upon the lybell of reconvention raised at the instance of the defenders against the said James Stewart and Mr James Martine And Speciallie to take and receave the oathes and depositiones of such famows wittnesses as Shall be addwced befor them for cleareing who is the nearest of kin to the deceast David Stewart Late in Barbardoes and whither the said James Stewart Servitor to The Earle of Southesque or the said John Stewart in Cattowne have the nearest propinqwitie of blood to the said defunct And recomends to the said Shirreff and his depute to cause ther clerk whom they shall choise to draw up the foirsaids depositiones in write and to cause the witnesses Subsribe the Samen And also that they Subscribe the Samen themselves and therefter deliver these depositiones to Signed to the respective pairties themselvs and have assigned and heirby assignes the first Councell day of Juny next to come to both pairties for reporting the saids depositiones to the saids Lords of privie Counsell And in the meantyme Continwes the said mater untill the day foirsaid and grants dilligence for citeing of wittnesses for proveing the propinqwitie of blood to the said David Stewart

Att Edinburgh the first day of March Jaj vic nyntie eight yeirs

D1698/3/31

Decreet

Interloquitor and Comissione James Stewart Against John Stewart and the magistrats of Montrose

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of James Stewart Servitor to The Earle of Southesqe with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Mentioning That wher all open and manifest fraud and wnjust designes in carieing away and imbazleing the fortwne of any persone efter his decease from his trwe and Laufull air and nearest of Kinn and endeavoureing to convey the Same to any other persone who is aither of no relatione to the persone deceast or not so near to him as the persone who hes bein Served air Are by the Laues of all well governed realmes and by the Lawes and acts of parliament of this natione are Crymes of a high nature and Severely pwnishable and Speciallie magistrats of Burghs who ought to be executors and dispenders of the Law to others haveing a hand in Swch contriveances ought and Should be Severely pwnished Yet trwe it is That David Stewart Late in Barbadoes haveing died ther and Left a considerable fortwne behind him both of Land and money the Said James Stewart Complainer did prove his propinqwitie of blood be famows witnesses befor the magistrats of Montrose Beareing him to be descended of John Stewart brother to the said David Stewart and that the said David was his grand wncle whose testimonies and depositions were signed by the proveist and baillies of Montrose and the townes Seall appended therto and the Said Complainer was also served and retourned as the only true and nearest air to the said David Yet John Fullartone of Kinnaber Mr Isaac Fullartone advocat his brother Hercules Smith merchand in Montrose ther brother in Law and Alexander Turnbull present proveist of Montrose Alexander Turnbull George Auchterlony Baillies ther and Andrew Craik clerk ther John Stewart Shoemaker in Bonetowne and James Williamsone in Collone of Uestertowne in the paroch of Criaig Concurring with Mr Thomas Fullartone brother to the said John Fullartone of Kinnaber and Sometyme acturneyes in Barbadoes (who as appears by Severall of his Letters therwith produced had ane wnjust designe to defraud the said David Stewart his nearest of kin of his estate both in money and Land) Did contrive amongst themselvs to gett ane other persone of the name of Stewart2 proven to be of kin and relatione to the Said David Stewart as is evident by a Letter from Kinnaber to The Earle of Sowthesque Albeit they knew that the said James Stewart complainer had alreadie proven his propinqwitie of blood to the said David Stewart and was air served and retourned to him and for that end they addwced William Chrystie dweller in the paroch of Craig and the said James Williamsone two witnesses who were beggars and knew nothing of the affair But deponed as they were instructed as appears evidently in that the one of them William Chrystie makes it cleare in his depositione that he did not soe much as know in what paroch Greenden is thowgh he depones that to be the place wher the said David Stewart was borne and wher he knew his father James Stewart and his mother Grizall Carnegie liveing expresslie asserting it to be in the paroch of Farnwell wheras it is in the paroch of Kinnaird and the other James Williamsone being brought befor Robert Reynold Late proveist of Montrose and William Coults Late baillie ther (by the said Mr Isaac Fullartowne requyreing them to take his depositione) was not able to ansuer any of the interrogators putt to him but was soe confounded that the proveist commanded him away And being prevailled on efter the Court by the said Mr Isaac with his brother Kinnaber and ther good brother Hercules Smith to hear him propose the interrogators the said Williamsone was not able to answer even in the method Mr Isaac proposed the qwestions All which the Said proveist and baillie can depone And even by ther depositiones they only prove John Stewart Shoemaker in Bounetonne to be descended of ane wncle of the Said David Stewarts wheras James Stewart the Earle of Southesques Servant is proven to be descended of Davids brother and Soe the nearer relatione and the trwe air Notwithstanding wherof they have made wse of this probatione haveing gotten Alexander Turnbull present proveist of Montrose Alexander Turnbull his Sone and George Auchterlonie present baillies ther to Signe the Samen and Andrew Craik clerk as notar to subscribe for the wittnesses and to append ther townes seall therto And they have sent this probatione So attested away with a Letter of acturney from the said John Stewart to some persone in Barbadoes to intromet with uplift and dispose upon the said David Stewart his effects ther Kinnaber haveing transacted with the said John Stewart for a Small and inconsiderable Soume By all which it is evident that the said John Fullartoune of Kinnaber Mr Isaac Fullartoune his brother Hercules Smith ther good brother and John Stewart Shoemaker are gwiltie of open and manifest frawd and most wnjust designes in carieing away and imbazleing the said David Stewart his fortoune in prejudice of the said James Stewart Complainer his only trwe air which can be interpret to be no Less then Robbertie and thift and the Said Alexander Turnbull proveist of Montrose Alexander Turnbull his Son and George Auchterlony baillies ther who took the Last probatione infavoures of the said John Stewart and Andrew Craik ther clerk who Subscribed as notar for the wittnesses are airt and pairt in the said wicked and fraudulent contriveance Seing the said James Stewart complainer had Led his probatione befor the Last magistrats of the Same burgh and had ther Subscriptions and ther seall appended therto and was served air to his said Grand wncle befor them and the said present magistrats ther Signeing the depositiones in favoures of the said John Stewart and appending the seall of the burgh therto being contrair to what the former magistrats had done efter ane exact and fwll tryell taken befor them for proveing the said James Stewart Complainer his propinqwitie and his being trwe air to the said David Stewart his Grandwncle is a reflectione upon the Justice and eqwitie of the natione And therfor the foirnamed persones ought not onlie to be decerned to send a contrair declaratione recalling the Last and acknowledgeing the said James Stewart Complainer his propinqwitie and attesting that he is the only nearest and true air to the said David Stewart And that he only hath right to the said David his haill estate in Land and money But also to find Sufficient Cautione to make up what prejudice or damnadges he hath Sustained or Shall Sustaine though ther former attestationes and the Letter of acturney following theron And alsoe to be pwnished in ther persones and goods to the terror of others and to prevent the Like wicked and fraudulent contriveances in tyme comeing And anent the charge given to the saids defenders to have compeared personallie before the saids Lords of his majesties privie Counsell at ane certaine day now bygone to have ansuered to the ground of the above complaint and have heard and sein such order and course taken theranent As the saids Lords Should think fitt under the paine of rebellion etc As in the principall Lybell or Letters of complaint with the executiones therof at more Lenth is contained As also anent ane other Lybell or Letters of complaint raised and perswed befor the saids Lords of privie Cownsell at the instance Alexander Turnbull present proveist of Montrose Alexander Turnbull and George Auchterlony Baillies ther Mr Isaac Fullartowne advocat Hercules Smith merchant in Montrose John Stewart Shoe maker in Bonetowne James Williamsone in Catton of Westertowne with Concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Mentioning That wher by the Laues of this and all uell governed nationes the tradwceing and defameing of our Leidges as gwiltie of theift and robberie is Severely pwnishable Especiallie these callumnies are reduced into infamows Lybells misrepresenteing persones of honor and integritie to the government And sicklyke by the one hundereth and fourtie act parliament fourtein King James the fifth It is staitut and ordained that if any persone murmurr against any Judge and proveth not a Sufficient ground for the Same he shall be pwnished with tinsell of his honor fame and dignitie and by the Lawes and custome of this natione Such persones as have not fame or dignitie to Lose ought to be pwnished in ther persones to the terror of others to Comitt the Lyke wher the meanes of ther conditione exempts them from the ordinary pwnishment As also by the tuentie Seventh act parliament Seventh James the fifth It is provided that whosoever Should molest trouble or wnqwiet the proveist and baillies of any burgh in wseing ther Liberties and priviledges they Should undergoe the paine of comon of oppressors And Likewise by the Lawes and customes of this kingdome the practizieing of wittnesses and makeing them depone for takeing away the Just rights of any of the Leidges by Setting up ane imposture as a true Successor of a defwnct to the exclusione of the Lineall Successor by blood whill the said reall and true Successor had commenced his probatione that soe the same might be transmitted to be cognosced by the Judges abroad wher the Subject did lye be of most daingerows conseqwences tending to the interversione of the propertie of our Leidges and the Subversione of the faith of publict Judicators Yet trwe it is and of veritie That James Stewart Servitor to The Earle of Southesque with concurse and assistance of Mr James Martine Late regent in Standrews is gwiltie of the crymes befor mentioned or ane or other of them in so far as primo he the said James Stewart by instigatione of the foirsaid Mr James Martine did wnjustly contrive the defrauding of the Complainer John Stewart in Bonetoun of his trwe interest which he hes right to as nearest of kin to the deceast David Stewart who died Lately in Barbardoes as appears by the following accompt of ther procedure viz Mr Thomas Fullartoune Late Sollicitor generall in Barbadoes haveing given ane accompt by a Letter to his brother The Laird of Kinnaber That the said David Stewart had told to him the said Mr Thomas his pedegrie and place of his nativitie in Scotland and particularlie that he had ane wncle called Robert Stewart of whom the said Complainer John Stewart he proved himself to be the grandchyld but no wayes mentioned that he had any brother wherupon the said Mr Thomas desyred Kinnaber to find out the defuncts nearest relatione and transmit the affidavits therof taken befor the magistrats of Montrose Conforme to the English forme that so the Successione might not fall to the […] According wherunto the said Complainer John Stewart adduced Some witnesses and particularly William Chrystie who proved his propinqwitie befor the magistrats of Montrose But Kinnaber haveing published the Letter and Mr Martine haveing gott ane of the doubles therof the said James Stewart is […] and resolveth to auteriorat the said Complainer And in order therto ther are wittnesses made to Signe oathes befor the minister of Kinnaird for proveing that the said James did descend of the defuncts brother that soe these witnesses might be fixed against recanting when they came to depone over againe befor the magistrats Notwithstanding of which precantione the first witness named William Rorie deponed negative uhen he was adduced before the magistrats But being immediatly interrupted by […] Howat Chamberland to The Earle who told proveist Ronald that the witnes was mistaken since he had deponed wtherwayes formerly and soe produced a double of his depositione before the minister and craved the witnesses might be allowed a while to recollect himself which being indulged The witnes returned to Court verie well instructed in his depositione As also James Dow another witness negative and so was dismissed as not probative But the Same man therefter being adduced depones in express termes Conforme to the former Notwithstanding of which irregular and wnarrantable procedure Maister Martine presents the foirsaids depositiones befor ane inqwist and obtaines James Stewart to be Served air to the defunct tho the said James had Severall tymes denyed any contigencie of blood to the defwnct before he knew of any prospect of advantage to be raised by it and all this was done efter the said Complainer John Stewart had Commenced his probatione The said James and his abbattors therby intending by a fraudulent anticipatione to deprive him of the Successione befor mentioned Secundo the said John Stewart and Mr Martine forseing that the Complainer the said John Stewart could not but prevaill in the event fall upon a project of preventing him by raiseing a most callumniows and Scandallous lybell against the complainer our saids Lords of privie Counsell wherin they are Staidged as gwiltie of noe Less then thift and robberie and that meerlie because they the saids magistrats did noe more then what is wswall and customarie in the lyke caices viz To take the depositiones of such witnesses as were offered to depone befor them without So much as Judgeing whither ther depositiones did prove or not or without so much as attesting that the said John Stewart was nearest of kin to the defwnct But allenarly narrating the mater of fact that past befor them And the said Mr […] Fullartoune asked onlie according to his informatione from his client the said John Stewart being consciows of the right of non els And the said Hercules Smith was not in the Least concerned in the foirsaid mater But only accedentallie present when the affair was Legallie gone abowt by the magistrats of Montrose and the said James Williamsone ane of the Complainers is accaused for thift and robberie for his deponing the trweth according to his conscience and which trweth is not only Sworne to by other wittnesses But is also nottar in the Countrie wherby it is obbiows how wnjustly the Saids Complainers are molested and traduced Tertio It does furder appear that the foirsaid complaint against them befor the Lords of our privie Counsell hes bein raised out of malice and designe to putt the saids Complainers to trowble and expenss by the instigatione of the said Mr Martine without any reasonable hope of furder Success In so far as ther being one Mr George Campbell incarcerat in the tollbwith of Monross he was given owt wnder the name of Martine of designe that his other creditors might not know of his being ther and therby they might be cheatted from arreasting Him the said Mar Martine requyred them to sett him at Friedome without a charge to sett at Libertie which they could nowise doe by the Lawes of this Kingdome Notiwthstanding wherof the said Mr Martine was so farr irritat at our doeing our dwetie that he expressly threatned that he Should make them reprnt it and they have now fownd the frwits therof by receaveing the foirsaid Lybell befor our Saids Lords And therfore the said James Stewart and Mr James Martine as actors airt and pairt in the abuses before mentioned ought and Should not only be pwnished in ther persones and goods for ther defamatione practiseing of wittness and intervensione of the Successione befor exprest But also ought and Should be decerned to refownd and pay to the saids Complainers ther damnadge and expenss incurred by Such a maliciows process and to find Cautione to the Complainers John Stewart that he Shall incurr no prejudice through the foirsaid pretended probatione and service in favoures of the said James Stewart which hes bein patched up in maner befor exprest to the terror of others to Commit the lyke in tyme comeing And anent the chairge given to the saids defenders to have Compeared personallie befor the saids Lords of our privie Counsell at ane certaine day now bypast to have ansuered to the grounds of the above Complaint and to have heard and sein such order and Course taken ther anent As the saids Lords Should think fitt wnder the paine of rebellion etc As in the principall lybell and Letters of Complaint with the executiones therof at more Length is contained The above Lybell at the instance of James Stewart Servitor to The Earle of Southesque with concurse of his majesties advocat Against John Fullartoune of Kineber Hercules Smith merchand in Montrose Alexander Turnbull proveist ther Alexander Turnbull and George Auchterlonie baillies ther Androw Cracktowne clerk ther John Stewart in Coltoune James Williamsone in Cottertoune and Mr Isaac Fullartoune Advocat being this day Called in presence of the Lords of his majesties privie Counsell and James Stewart the persewer Compeareing personallie with Sir David Thores Mr Thomas Skeen and Mr David Dallrimple as advocats for him and Mr James Martine partie called as defenders in the reconventione efter mentioned And the said Hercules Smith Alexander Turnbull George Auchterlonie Androw Craick John Stewart and Mr Isaac Fullartoune Six of the defenders in the principall Lybell who are also persewers in the reconventione Compeareing personallie and John Fullartoune of Kinaber Alexander Turnbull proveist and James Williamsone in Cattertoune thrie of the defenders in the principall cause who are also persewers in the reconvention being Lawfully cited oft tymes called and not compearing and Mr David Cwninghame Sir Alexander Cuming of Culter Mr David Forbes and Mr Francis Grant Compeareing as advocats for the haill defenders persewars in the reconventione And the lybell of reconventione at the instance of the defenders in the principall cause against the said James Stewart persewer therof and the said Mr James Martine being alsoe called and both pairties haveing Compeared as above marked The principall Lybell and answers therto being read in presence of the saids Lords of privie Counsell They doe heirby grant full power and Commissione to […] Earle of Strathmore Shirreff principall of the Shirreffdome of Forfar and to Mr William Gray of Innereichtie his Lordship3 depute in the said office with power to them to choise ther own clerk for whom they Shall be answerable to take and receave the oathes and depositiones of Such famous wittnesses as are cited befor the Saids Lords upon the principall Lybell raised at James Stewarts instance and also to take and receave the oathes and depositiones of Such famows wittnesses as are cited befor the saids Lords upon the lybell of reconvention raised at the instance of the defenders against the said James Stewart and Mr James Martine And Speciallie to take and receave the oathes and depositiones of such famows wittnesses as Shall be addwced befor them for cleareing who is the nearest of kin to the deceast David Stewart Late in Barbardoes and whither the said James Stewart Servitor to The Earle of Southesque or the said John Stewart in Cattowne have the nearest propinqwitie of blood to the said defunct And recomends to the said Shirreff and his depute to cause ther clerk whom they shall choise to draw up the foirsaids depositiones in write and to cause the witnesses Subsribe the Samen And also that they Subscribe the Samen themselves and therefter deliver these depositiones to Signed to the respective pairties themselvs and have assigned and heirby assignes the first Councell day of Juny next to come to both pairties for reporting the saids depositiones to the saids Lords of privie Counsell And in the meantyme Continwes the said mater untill the day foirsaid and grants dilligence for citeing of wittnesses for proveing the propinqwitie of blood to the said David Stewart

1. NRS, PC2/27, 92v-98r.

2. The word ‘proven’ scored out here.

3. Sic.

1. NRS, PC2/27, 92v-98r.

2. The word ‘proven’ scored out here.

3. Sic.

Decreet, 1 March 1698, Edinburgh

Posted on by

Att Edinburgh the first day of March Jaj vic nyntie eight yeirs

D1698/3/21

Decreet

Decreit Suspending The Letters Simpliciter Donaldsone Against Count Lessly

Anent the bill of Suspensione given in to The Lords of his majesties privie Counsell by James Donaldsone yownger merchand in Elgine James Cheyslie Chamberland to the Earle of Murray and David Dow tenent to the said Earle Mentioning That wher the said James Donaldsone is charged by vertue of The Commissioners of Justiciary for the notherne district ther Decreit obtained at the instance of Patrick Count Lessly of Ballqwhan to make payment to him of the Soume of Four hundereth and fourscore six punds Eleven Shilling four pennies Scotts money as the price of ane Gray powny alleadged belonging to him and in the possessione of the said James Donaldsone And of the expensses Loss and damnadges of two horse which the said charger hes payed or is to pay owt with a tenth pairt of the Said Soume more Conforme to and for the ends Specified in the Commissione wnder the great Seall granted to the Saids Commissioners And of fourteine dollars alleadged modified by the saids Commissioners for extracting the said decreit All specified and contained in ane pretended decreit alledged obtained by the said Patrick Cownt Lessly Against the petitioner befor the saids Commissioners upon the tenth day of november Jaj vic nyntie seven yeirs within a certaine Short Space next efter the chairge wnder the paine of pounding Most wrongousely and wnjustly for the reasones following to witt primo That the foirsaid pretended decreit is intrinsicallie nwll in soe farr as at the figwres 1:2:3: it lybells and conclwdes Capitall pwnishment and yet at the figure 4 where a double of the Lybell and wittnesses names were given to the petitioner it does not beare that he gott ane List of Assisers Conforme to express act of parliament theranent And ther is no mentione in the decreit that the said charger restricted his Lybell to restitutione And yet the Commissioners proceeded to advyse ane probatione without ane Assizer which is contrair to the fundamentall constitutione of the natione and the express tennor of ther Commissione By which they are only impowered to proceed upon the verdict of ane assize And this is the magna charta of the Leidges Securitie Secundo the decreit is intrinsicallie null as wanting any probatione that the horse lybelled were actwallie Stollen from the persewar which was absolutely necessary to be proven befor the bwyer bona fide in a publict mercat could be made lyable aither criminallie or in restitutione Since in moveables possessione presumes a title by our Law And the perseuer for moveables must prove two things viz his propertie and the modus qwomodo desyt possidere Notwithstanding wherof the chargers wittnesses at the figures II doe only depone that the two horse lybelled in the said decreit did belong to Count Lessly charger And that the pownie was Lay marked in the petitioners possessione But they depone not one word that ther horses were Stollen Soe that the pownie might have come in a Laufull maner to have bein sold to the petitioner And which is presumed in Law Since it is impossible to prove the progress of moveables otherwayes then by possessione yet the majority of the Commissioners were soe kein as to find at the figure 8 in the said decreit not only that the horse did belong to Ballqwhan But alsoe that they were Stollen from him at one tyme and from one place then which ther could be nothing more officiows Tertio the decreit is null as being ultra petita In soe farr as the price of the pownie is only lybelled to be fiftie pwnd and the price of the horse is lybelled to be Six hundereth merks Notwithstanding wherof the said decreit at the figure 5 decernes the Soume of Four Hundereth and eightie six pund threttein Shilling four pennies as the price of the pownie being one of the two horse lybelled and of the expensses of both the horses which the said chairger had payed out or was to pay owt Qwarto ther is notorious iniqwitie in the interloqwitor for at the figure 9 by plwralitie of votes The Commissioners fand that the bwying on a mercat Day in the high Street at welve a cloak with burgh and Hammell was not Sufficient to assoillzea the petitioner from damnadges though he presentlie offered restitutione of the pounie itself at the barr and the unjustice is yet the greater that not only David Dow who was the Seller is Solvent And that James Hattmaker who was one of the burgh and hamells is a city Securitie And that Mcqween who was the first seller is imprisoned But also the wittnesses at the figure 6 expressly Depone that one William Hutchion who was the other burgh and hamell was esteimed responsall Soe that 2 the most Cautiows man could have behaved no more legally and fairly for the chargers behove then the petitioner did Its acknowledged that the possessor is allwayes bownd in Simple restitutione to the proprietar But ther could never be a conclusione of Damnadges against a pairtie wnles he be in fault and mora for restitutione is the effect of Dominion But Damnadges are the effect of a delict the petitioner was in no delict Since he offered back the pownie without deterioratione for he neither knew nor is it as yet proven that this pownie was ever Stollen for he bought upon the publict faith according to the Lawes of the Kingdome And finallie he procured Securitie for the charger beyond what he was obleidged By obtaining Mcqween who was the first setler imprisoned And the said David Dow to be decerned befor the Shirreffs Qwinto Ther was evident iniquitie in the interloqwitor for at the figure 10 by majoritie of votes the Commissioners fand that damnadges were not only due for the pownie then interpelled But also all the other damnadges for the other horse except allenarly his price It being a principle owght not to goe beyond the principall And the conseqwences therof wherfore it necessarly followed that the petitioner being assoillzied from the other horse he ought also to have bein assoillzied from the proportionall pairt of the damnadges Especially Considering that he was bona fidei possessor and had purchased according to Law and with soe great Cautione as afoirsaid Sexto the said David Dow and the said James Chrystie Doe concurr in procureing this Suspensione upon these two growndes viz primo that the chargers decreit ought to be Suspended and the said David Dow the sellar Liberat in conseqwence as to him the said James Chrystie he could never be fownd lyable Since he did all that Law requyred haveing prodwced the said David Dow who accordingly compeared and confessed in Court Secundo it appeares by the said decreit at the Letters B B that the said David Dow bought the horse befor famows wittnesses from the said Mcqween who is now prisoner in the tollbwith of Forress as afoirsaid so that both the said James Donaldsone who bought the horsie and the said David Dow who sold the Same to him being bona fidei purchasers ther is no more due by them to Balqwhan then Simple restitutione which they have alreadie offered and are yet willing to give for peace Sake tho he hes not yet proven the powny was Stollen so that he can only have actione against Mcqween aither Criminallie or civillie for his damnadges And therfore The Letters owght to be Suspended presently Simpliciter without obleidgeing the petitioners to Longer attendance upon a Sist since all the foirsaids reasones are instantly verified by ane extract of the decreit itself therwith prodwced And therfore etc yet for Superabundance they Shall fand Cautione acted in ther Lordships bookes As the said bill of Suspensione in itself at more Lenth proports Which bill of Suspensione being upon the twentie third of december Jaj vic nyntie seven yeirs read in presence of the saids Lords of privie Counsell They alloued Count Lessly the charger to Sie and ansuer the said bill untill ane certaine day and in the mean tyme Stopped executione upon the decreit chairged on And therefter The Councill haveing past the said bill the chairger Gave in a petitione to the saids Lords Craveing that ther Lordships wowld Stopp all furder expedeing of the said suspensione and allow the petitioner his answers to the reasones therof to be yet given in that the reasones might be discust upon the bill And that the whole mater might be Layed befor the saids Lords And Craveing that ther Lordships would grant warrand for citeing […] Donaldsone clerk to the process wherin the decreit charged on is pronwnced to exhibite in the hands of the clerks of Counsell the growndes and warrands of the decreet chairged on And the saids Lords haveing upon the Seventh day of Janwary Last by past Considered the said petitione They by ther deliberance theron ordained the said Clerk to the Commissioners of Justiciary to exhibite and produce in the hands of the clerks of privie Counsell the haill grownds warrands and minwts of the decreit charged on And alloued Letters of dilligence to be direct at the chargers instance to the effect foirsaid into ane certaine day now bypast and assigned the Same day to the Suspenders to debaite the reasones upon the bill of Suspensione And in the mean tyme Stopped the giveing out of the said Suspensione alreadie past And the said charger haveing accordingly taken owt a dilligence and caused execute the same against the saids Commissioners ther clerk The said clerk produced in the hands of the clerks of privie Cowncell the grownds and warrands following of the decreit chairged on Viz principall Lybell Lord Count Lesslie against James Donaldsone dated the second day of November Jaj vic nyntie Seven yeirs Beareing on the foot and back therof a pairt of the debate ariseing therfrom Item Two Severall executeiones one against Donaldsone and the other against wittnesses The first dated the Second day of November and the other the first and Second dayes of the Samen Jaj vic nyntie Seven yeirs Item thrie half Sheets of paper back and foir Containing the rest of the debate the witnesses depositiones Count Lessly his own depositione with the Commissioners interloqwitor upon the said lybell and debaite Item James Donaldsones exculpatione dated the Second of november Jaj vic nyntie Seven and executione therof dated the third day of november the said yeir Item ane extract of ane process of releiffe at James Donaldsones instance against David Dow wnder the hand of Andrew Monroe Sherreff clerk of Murray Efter productione of the which grownds and warrands The said bill of Suspensione being againe upon the twentie fourth day of Febrwary Last by past called in presence of the saids Lords to debaite the reasones therof upon the bill and the said James Donaldsone one of the Suspenders compeareing personallie and the said James Chrystie and other Suspenders being oft tymes called and not compeareing personallie and Sir James Stewart his majesties Advocat and Mr Francis Grant Compeareing as Advocats for3 the haill 4 Suspensders 5 And the said Count Lessly being oft tymes called and not Compeareing personallie But Sir Patrick Home Mr Hewgh Dalrimple and Mr James Fergwsone Compeareing as Advocats for him The bill of Suspensione and ansuers therto for the charger being both read And both pairties at length heard to debaite in the said mater The Saids Lords nominated and appointed a Comitie of ther own number for considering the decreit charged on with the instructiones and grownds and warrands therof And to report ther opinion in the said mater to The Counsell Which Comitie haveing accordingly mett They gave in ther report bearing That the Comitie haveing considered the reasones of Suspensione and the chargers ansuers with the decreit charged on and grounds and warrands therof They fand that the decreit is not formall and that the interloquitor did not agrie to the probatione nor were according to Law And therfore it was the Comities opinion That the Letters Should be Suspended Simpliciter As the Said report at more Length proports which report with a petitione given in by the said Patrick Count Lesslie the chairger being both this day read in presence of the saids Lords of privie Counsell and considered by ther Lordships The Saids Lords doe heirby approve of the said report And have Suspended and heirby Suspends the decreit charged on at the instance of the said Patrick Count Lesslie against the said James Donaldsone James Chrystie and David Dow Suspenders Simpliciter in all tyme comeing And the saids Lords have refwised and heirby refwises the desyre of the said petitione given in by the said Patrick Count Lesslie

Att Edinburgh the first day of March Jaj vic nyntie eight yeirs

D1698/3/21

Decreet

Decreit Suspending The Letters Simpliciter Donaldsone Against Count Lessly

Anent the bill of Suspensione given in to The Lords of his majesties privie Counsell by James Donaldsone yownger merchand in Elgine James Cheyslie Chamberland to the Earle of Murray and David Dow tenent to the said Earle Mentioning That wher the said James Donaldsone is charged by vertue of The Commissioners of Justiciary for the notherne district ther Decreit obtained at the instance of Patrick Count Lessly of Ballqwhan to make payment to him of the Soume of Four hundereth and fourscore six punds Eleven Shilling four pennies Scotts money as the price of ane Gray powny alleadged belonging to him and in the possessione of the said James Donaldsone And of the expensses Loss and damnadges of two horse which the said charger hes payed or is to pay owt with a tenth pairt of the Said Soume more Conforme to and for the ends Specified in the Commissione wnder the great Seall granted to the Saids Commissioners And of fourteine dollars alleadged modified by the saids Commissioners for extracting the said decreit All specified and contained in ane pretended decreit alledged obtained by the said Patrick Cownt Lessly Against the petitioner befor the saids Commissioners upon the tenth day of november Jaj vic nyntie seven yeirs within a certaine Short Space next efter the chairge wnder the paine of pounding Most wrongousely and wnjustly for the reasones following to witt primo That the foirsaid pretended decreit is intrinsicallie nwll in soe farr as at the figwres 1:2:3: it lybells and conclwdes Capitall pwnishment and yet at the figure 4 where a double of the Lybell and wittnesses names were given to the petitioner it does not beare that he gott ane List of Assisers Conforme to express act of parliament theranent And ther is no mentione in the decreit that the said charger restricted his Lybell to restitutione And yet the Commissioners proceeded to advyse ane probatione without ane Assizer which is contrair to the fundamentall constitutione of the natione and the express tennor of ther Commissione By which they are only impowered to proceed upon the verdict of ane assize And this is the magna charta of the Leidges Securitie Secundo the decreit is intrinsicallie null as wanting any probatione that the horse lybelled were actwallie Stollen from the persewar which was absolutely necessary to be proven befor the bwyer bona fide in a publict mercat could be made lyable aither criminallie or in restitutione Since in moveables possessione presumes a title by our Law And the perseuer for moveables must prove two things viz his propertie and the modus qwomodo desyt possidere Notwithstanding wherof the chargers wittnesses at the figures II doe only depone that the two horse lybelled in the said decreit did belong to Count Lessly charger And that the pownie was Lay marked in the petitioners possessione But they depone not one word that ther horses were Stollen Soe that the pownie might have come in a Laufull maner to have bein sold to the petitioner And which is presumed in Law Since it is impossible to prove the progress of moveables otherwayes then by possessione yet the majority of the Commissioners were soe kein as to find at the figure 8 in the said decreit not only that the horse did belong to Ballqwhan But alsoe that they were Stollen from him at one tyme and from one place then which ther could be nothing more officiows Tertio the decreit is null as being ultra petita In soe farr as the price of the pownie is only lybelled to be fiftie pwnd and the price of the horse is lybelled to be Six hundereth merks Notwithstanding wherof the said decreit at the figure 5 decernes the Soume of Four Hundereth and eightie six pund threttein Shilling four pennies as the price of the pownie being one of the two horse lybelled and of the expensses of both the horses which the said chairger had payed out or was to pay owt Qwarto ther is notorious iniqwitie in the interloqwitor for at the figure 9 by plwralitie of votes The Commissioners fand that the bwying on a mercat Day in the high Street at welve a cloak with burgh and Hammell was not Sufficient to assoillzea the petitioner from damnadges though he presentlie offered restitutione of the pounie itself at the barr and the unjustice is yet the greater that not only David Dow who was the Seller is Solvent And that James Hattmaker who was one of the burgh and hamells is a city Securitie And that Mcqween who was the first seller is imprisoned But also the wittnesses at the figure 6 expressly Depone that one William Hutchion who was the other burgh and hamell was esteimed responsall Soe that 2 the most Cautiows man could have behaved no more legally and fairly for the chargers behove then the petitioner did Its acknowledged that the possessor is allwayes bownd in Simple restitutione to the proprietar But ther could never be a conclusione of Damnadges against a pairtie wnles he be in fault and mora for restitutione is the effect of Dominion But Damnadges are the effect of a delict the petitioner was in no delict Since he offered back the pownie without deterioratione for he neither knew nor is it as yet proven that this pownie was ever Stollen for he bought upon the publict faith according to the Lawes of the Kingdome And finallie he procured Securitie for the charger beyond what he was obleidged By obtaining Mcqween who was the first setler imprisoned And the said David Dow to be decerned befor the Shirreffs Qwinto Ther was evident iniquitie in the interloqwitor for at the figure 10 by majoritie of votes the Commissioners fand that damnadges were not only due for the pownie then interpelled But also all the other damnadges for the other horse except allenarly his price It being a principle owght not to goe beyond the principall And the conseqwences therof wherfore it necessarly followed that the petitioner being assoillzied from the other horse he ought also to have bein assoillzied from the proportionall pairt of the damnadges Especially Considering that he was bona fidei possessor and had purchased according to Law and with soe great Cautione as afoirsaid Sexto the said David Dow and the said James Chrystie Doe concurr in procureing this Suspensione upon these two growndes viz primo that the chargers decreit ought to be Suspended and the said David Dow the sellar Liberat in conseqwence as to him the said James Chrystie he could never be fownd lyable Since he did all that Law requyred haveing prodwced the said David Dow who accordingly compeared and confessed in Court Secundo it appeares by the said decreit at the Letters B B that the said David Dow bought the horse befor famows wittnesses from the said Mcqween who is now prisoner in the tollbwith of Forress as afoirsaid so that both the said James Donaldsone who bought the horsie and the said David Dow who sold the Same to him being bona fidei purchasers ther is no more due by them to Balqwhan then Simple restitutione which they have alreadie offered and are yet willing to give for peace Sake tho he hes not yet proven the powny was Stollen so that he can only have actione against Mcqween aither Criminallie or civillie for his damnadges And therfore The Letters owght to be Suspended presently Simpliciter without obleidgeing the petitioners to Longer attendance upon a Sist since all the foirsaids reasones are instantly verified by ane extract of the decreit itself therwith prodwced And therfore etc yet for Superabundance they Shall fand Cautione acted in ther Lordships bookes As the said bill of Suspensione in itself at more Lenth proports Which bill of Suspensione being upon the twentie third of december Jaj vic nyntie seven yeirs read in presence of the saids Lords of privie Counsell They alloued Count Lessly the charger to Sie and ansuer the said bill untill ane certaine day and in the mean tyme Stopped executione upon the decreit chairged on And therefter The Councill haveing past the said bill the chairger Gave in a petitione to the saids Lords Craveing that ther Lordships wowld Stopp all furder expedeing of the said suspensione and allow the petitioner his answers to the reasones therof to be yet given in that the reasones might be discust upon the bill And that the whole mater might be Layed befor the saids Lords And Craveing that ther Lordships would grant warrand for citeing […] Donaldsone clerk to the process wherin the decreit charged on is pronwnced to exhibite in the hands of the clerks of Counsell the growndes and warrands of the decreet chairged on And the saids Lords haveing upon the Seventh day of Janwary Last by past Considered the said petitione They by ther deliberance theron ordained the said Clerk to the Commissioners of Justiciary to exhibite and produce in the hands of the clerks of privie Counsell the haill grownds warrands and minwts of the decreit charged on And alloued Letters of dilligence to be direct at the chargers instance to the effect foirsaid into ane certaine day now bypast and assigned the Same day to the Suspenders to debaite the reasones upon the bill of Suspensione And in the mean tyme Stopped the giveing out of the said Suspensione alreadie past And the said charger haveing accordingly taken owt a dilligence and caused execute the same against the saids Commissioners ther clerk The said clerk produced in the hands of the clerks of privie Cowncell the grownds and warrands following of the decreit chairged on Viz principall Lybell Lord Count Lesslie against James Donaldsone dated the second day of November Jaj vic nyntie Seven yeirs Beareing on the foot and back therof a pairt of the debate ariseing therfrom Item Two Severall executeiones one against Donaldsone and the other against wittnesses The first dated the Second day of November and the other the first and Second dayes of the Samen Jaj vic nyntie Seven yeirs Item thrie half Sheets of paper back and foir Containing the rest of the debate the witnesses depositiones Count Lessly his own depositione with the Commissioners interloqwitor upon the said lybell and debaite Item James Donaldsones exculpatione dated the Second of november Jaj vic nyntie Seven and executione therof dated the third day of november the said yeir Item ane extract of ane process of releiffe at James Donaldsones instance against David Dow wnder the hand of Andrew Monroe Sherreff clerk of Murray Efter productione of the which grownds and warrands The said bill of Suspensione being againe upon the twentie fourth day of Febrwary Last by past called in presence of the saids Lords to debaite the reasones therof upon the bill and the said James Donaldsone one of the Suspenders compeareing personallie and the said James Chrystie and other Suspenders being oft tymes called and not compeareing personallie and Sir James Stewart his majesties Advocat and Mr Francis Grant Compeareing as Advocats for3 the haill 4 Suspensders 5 And the said Count Lessly being oft tymes called and not Compeareing personallie But Sir Patrick Home Mr Hewgh Dalrimple and Mr James Fergwsone Compeareing as Advocats for him The bill of Suspensione and ansuers therto for the charger being both read And both pairties at length heard to debaite in the said mater The Saids Lords nominated and appointed a Comitie of ther own number for considering the decreit charged on with the instructiones and grownds and warrands therof And to report ther opinion in the said mater to The Counsell Which Comitie haveing accordingly mett They gave in ther report bearing That the Comitie haveing considered the reasones of Suspensione and the chargers ansuers with the decreit charged on and grounds and warrands therof They fand that the decreit is not formall and that the interloquitor did not agrie to the probatione nor were according to Law And therfore it was the Comities opinion That the Letters Should be Suspended Simpliciter As the Said report at more Length proports which report with a petitione given in by the said Patrick Count Lesslie the chairger being both this day read in presence of the saids Lords of privie Counsell and considered by ther Lordships The Saids Lords doe heirby approve of the said report And have Suspended and heirby Suspends the decreit charged on at the instance of the said Patrick Count Lesslie against the said James Donaldsone James Chrystie and David Dow Suspenders Simpliciter in all tyme comeing And the saids Lords have refwised and heirby refwises the desyre of the said petitione given in by the said Patrick Count Lesslie

1. NRS, PC2/27, 88v-92v.

2. The words ‘its acknowledged that the possessor’ scored out here.

3. The word ‘him’ scored out here.

4. The word ‘of’ scored out here.

5. The words ‘and answers therto for the chairge being both read and both pairties at Lenth heard to debaite in the said mater The saids Lords’ scored out here.

1. NRS, PC2/27, 88v-92v.

2. The words ‘its acknowledged that the possessor’ scored out here.

3. The word ‘him’ scored out here.

4. The word ‘of’ scored out here.

5. The words ‘and answers therto for the chairge being both read and both pairties at Lenth heard to debaite in the said mater The saids Lords’ scored out here.

Sederunt, 1 March 1698, Edinburgh

Posted on by

Att Edinburgh the first day of March Jaj vic nyntie eight yeirs1

D1698/3/12

Sederunt

Lord Chancellor; Marquis of Tweedale; Earl of Southerland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbatt; Lord Montgomry; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh; Laird of Kellburne

Att Edinburgh the first day of March Jaj vic nyntie eight yeirs1

D1698/3/12

Sederunt

Lord Chancellor; Marquis of Tweedale; Earl of Southerland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbatt; Lord Montgomry; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh; Laird of Kellburne

1. NRS, PC2/27, 88v.

2. NRS, PC2/27, 87r-88v.

1. NRS, PC2/27, 88v.

2. NRS, PC2/27, 87r-88v.