Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh the first day of February One Thousand Seven hundred years

D1700/2/2

D1700/2/2¹

Warrant

Warrant for allowing George Robertsone to be received a witness in William Andersone his process against Walkinshaw

Anent the petitione given in to the Lords of his majesties privy Councill be William Andersone Dean of Gild of Dumfermling Shewing That Wherin the proces depending at the petitioners instance against Allan Walkinshaw for oppression Bangstrie and Ryot Committed upon the petitioner by the said Allan and his doers and associats In which lybell ther are many gross articles of oppression lybelled and among the rest, That the petitioner was forced to Signe a declaratione that the petitioner should not quarrell the said Allan Walkingshaw for the Illegallity of the poynding dureing the time the petitioner was in prisone and the petitioner was forced in these Circumstances to Signe the forsaid declaratione before the said Allan Walkinshawes defenders would consent to the petitioners liberatione, and the petitioner haveing led aprobatione upon all the articles of the petitioners Lybell and ane witness upon the said article of the petitioners being necessitate to give the said declaratione in maner above specified, When the petitioner was adduceing one George Robertsone wryter in Edinburgh who was present at the Signeing of the said declaratione and to all the passed that time It wes not easie for ane to gett the Committie Mett Severally of their Lordships being out of Toune, The defenders took advantadge and gave in ane bill to the saids Lords Clamouring that the petitioner did postpone concluding his probation And Therfore Craveing the saids Lords would Ordaine the petitioner to Conclude his probatione betwixt and Tewsday last being the threttie day of January to the effect the Cause might be advised The saids Lords did ordaine the probatione to be concluded accordingly In obedience to which the petitioner did use his endeavour to gett the Committie to meet Bot would not have the oppertunity of their Lordships upon accompt of their other affairs That diverted them from attending upon the Committie, and that Tuesday it self was a day that the Committie could not Meett The petitioner did Constantly apply to Such as were in Towne to the effect that they would be pleased to meet and examined the said witnesses Bot could not procure a meetting untill this day in the forenoon That the Earles of Crafurd and Marr was pleased to meet before whom the petitioner did adduce the said witnes Bot it being objected by the defenders that by the saids Lords delyverance the petitioner was oblidged to Conclude his probation betwixt and Teusday Last And it being answered by the petitioner that he hade been makeing Continuall applicatione to the Lords of the Committie Bot by severall Occurrances the petitioner could not gett a meeting Their Lordships did not receive the witness But did allow the petitioner to apply to the saids Lords for that effect And therfore humbly Supplicating the saids Lords to the effect aftermentioned as the said petitione more fully bears The Lords of his majesties privy Councill haveing Considered the above petitione given in to them be the above William Andersone They hereby allow the above George Robertsone yet to be received a witnes And to be examined by any one of the Committie at any time betwixt and Tewsday nixt being the Sixth of February instant And Declaires they will advise the haill Stepps of the forsaid process upon the said day without farder delay.