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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A75992 To His Majesties High Commissioner, and the Right Honourable Estates of Parliament. Alison Aitkin, and Mr. Duncan Robertson her husband, for his interest. Aitkin, Alison.; Robertson, Duncan. 1695 (1695) Wing A820A; ESTC R230582 4,878 4

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with enforceing arguements laid home to the Clerk how he was no further concerned then to carry these minuts with the subjoined Interloquitor so framed and prepared be them and present the same to the President which accordingly was signed 3tio The said Mr. Duncan Robertson knowing nothing of that Interloquitor nor yet his Procurators for many dayes in the vaccancie and challanging the Clerk as being out of his duty he answered there was nothing extracted and that he would not suffer to give any extract thereof without express order from the Lord President who having some dayes thereafter ordered the Decreet be vertue of that Interloquitor to be given out we and our Procurators addressed to the Lord President having the Clerk alongst with these made up Minutes and Interloquitor Put in place of redressing as my Lord President caused the Clerk transcrive the same ●…med Interloquitor with the pretended Minutes at his own sight in his own Chamber and so privatly signed the said Interloquitor in time of vaccancie as the Clerk cannot deny and appears by the process and the Clerk accordingly did give out an extract of the said Decreet reducing and overturning the Testament whereupon there followed a transaction betwixt my Lord President and Mr. Patrick Smith and his Spouse whereby my Lord President as he acknowledged himself is dischar●ed not only of these years preceeding the Bishops Death but also of the Ann Cropt 1688 from which it was not in Bishops power to seclude his Daughter Alison extending in all as the Bishop claimed 8799 lib which with the Ann makes now in hail 9427 lib or thereby And we have given in a Bill of Suspention upon the foresaid ground the Clerk of the Bills James Nicolson refused to write any sist upon the same in respect as be affirmed he was discharged to present any such Bill of Suspension albeit in that suspention we offered Consignation upon which we were necessitate to apply to the Lord Aberuchil then ordinar upon the Bills that he might cause the Clerk write upon the said Bill who having called the said James Niccolson ordered him to write upon the same and not prevailing The said Lord Aberuchil was necessitat to write the several fi●ts of Execution himself upon the Bill and in the mean time ordained the Charger to see and answer the same and because the said James Nicolson would not take in the papers offered to be consigned by the said Bill of Suspension the Lord Aberuchil ordered us to bring the Bonds and other Writes concerning the Executrie to him together with an Assignation subscrived by us in order to be consigned in obedience to the Decreet I the said Mr. Duncan being under Caption And his Lordship ordered the Papers together with the Assignation to be put in the hands of James Nismith Under Clerk in the said Mr. John M'kenzies Chamber and marked the Assignation with his own hand and according to my Lord Aberuchils Order the Bonds with the other papers and Assignation were delivered to the said James Nesmith as consigned papers in his hands there to ly untill the Bill of Suspension sh●uld be discust before the Lords And albeit the saids Bands other Writes and Assignation to the Executrie were only consigned papers and that the said Mr. Patrick and Archibald Smith Writer his Son having borrowed up the same from the Clerk upon trust yet they immediatly within very few dayes thereafter Registrat the Assignation in Mr. James Dalrymple Clerk hss Chamber and that same day it was registrat Hugh Ross the Lord Presidents Servant took out an Extract thereof besides several other Extracts that were taken out as appears by a Declaration under the Clerks servant the Extracters hand to be given to sever I other persons with whom the saidt Mr Patrick Smith and his Son had transacted as having Right to the Executrie be vertue of the said Assignation albeit both Bands the other Writes and Assignation were only consigned as said is And upon those Grounds we having raised Reduction of the said Mr. Patrick his Spouse their decreets We the last Session obtained the same to be reduced most justly and we were declared to have the only Right to the Executrie By which Decreets the Lords likewayes fand that the said Assignation Bands and other Writes being only but consigned papers they were unwarrantably taken up be the said Mr. Patrick and Archibald Smiths and were as unwarrantably Registrat and Extracts were ordained to be given back and the principal Assignation again transmitted and put in Mr. John M kenzies hands and the Lords granted warrand to apprehend the said Mr. Patrick Smith till the same was done And also he was ordained to ●…nd Caution for our dammages in eventu But be having withdrawn and absconded himself he could not be gotten that the Caption might be put in Execution against him and albeit that order of the Lords was publictly intimat to all the Clerks it having followed upon a Long Inner house debate Yet notwithstanding and since that time and of late and before the principal Assignation was got transmitted there was a new Extract of the said Assignation given out which was a manifest contempt of the Lords of Sessions Authoritie and by this means they have not only endeavoured to defraud us of the summ due be the Lord President which as a foresaid amounts to 9427 pound But also have uplifred and imbazled almost the whole Executrie which was due be and in the hands of the other Debitors amounting to very considerable sums so that albeit we are now declared by the decreet of Reduction to have Right to the said Executrie yet by the Methods that has been taken it seems these Decreets will be of little Effect to us And seeing the Lord President asserts he has a Discharge and that he made payment after the foresaid Decreet so unwartantably made up as said is And that the Lords of Session upon that account cannot meddle with the Reducing such a Discharge so that its only propet for the Parliament to give Remedy in such a case It is therefore humbly craved That your Grace and Honourable Estates of Parliament may be pleased to take the Premisses to your Consideration and to grant Warrand to eite the Viscount of Stair Lord President the said Mr. Patrick Smith and his Wife and such other persons as we shall condescend upon to exhibit and produce the foresaid Discharge alleadged to have been granted be the said Mr. Patrick Smith and his Wife to the said Viscount of Stair Lord President upon such a competent time as the Parliament shall think fit to hear and see the foresaid above Discharge reduced and our Dammages repared And that the Kings Advocat who was formerly imployed in the Case above written may be ordained to plead and Consult in this Cause Especially seeing that probablie we cannot get payment from the said Mr. Patrick Smith and his Wife The Gift of his Escheat being alreadie Gifted and both be and his Wife being fled and that they have imb●zled and conveyed away the Effects of the Executrie And your Petitioner shall ever pray c.