Corpus of Modern Scottish Writing (CMSW) - www.scottishcorpus.ac.uk/cmsw/ Document : 386 Title: Bill of Suspension Author(s): Hepburne, R George by the Grace of God King of Great Britain France and Ireland Defender of the Faith To Our Lovite Our ſherriffs in that part conlly and ſeally ſpecilly Constitute Greeting Forasmuchas It is humbly meand and ſhown to me by Our Lovite William Millar in Aldtoun William Muire there James Fergus in [¿] John Fergus in Inchbellie Robert Calder in Inchbreck Thomas Proband there and John Barrie there All Tennents to William late Viſcount of Kylsyth That where The saids Complainers are Charged by virtue of Precept and Letters Raiſed at the Instance of John Earle of Wigtoun To make payment to him of there [¿] [¿] maills and Duties underwriten [¿] the sum of One hundereth and three merks Scots mony for his poſseſsion of the Lands of Aldtoun As also of the Sum of Fifty merks mony forsaid for his poſseſsion of the Cotterie of Lylsford And that for the [ and year of God Jajvijc and sixteen The said William Muire of the sum of One hundereth and three merk, of Silver rent payable by him for his poſseſsion of the said Lands of Aldtoun for the said [¿] Jajvijc and Sixteen The said Fergus of Thritty six pounds Scots mony of Silver rent Three [¿] for his poſseſsion of the Lands of Inchbellie the said [¿] The said Robert Calder of the sum of Sixty pounds Scots mony of Silver rent [¿] [¿] and four [¿] of Victualrent for his poſseſsion of the Lands of Inchbreek the said [¿] The said Thomas [¿] of the sum of Ane hundered merks of Silver rent Five bolls meall and four Bolls [¿] of victual rent for his poſseſsion of the Lands of Inchbreek And also Thritty pounds Scots for the his poſseſsions of the [¿] of Inchbellie bridge for the said [¿] ſaid John Barrie of the sum of Ane hundered merks of Silver and Five bolls meall and Four bolls [¿] of Victual rent for his poſseſsion of the Lands of Inchbreek the said [¿] Jajvijc and ſixteen All specified and Contained in and pretended Decreet Obtained at the Instance of the said Earle of Wigtoun Against the said Complainers Before the Shirriff of Stirling and his Depute Upon the ninth day of November laſt by [¿] Within and certain ſhort ] Next after the Charge under the Pain of Rebellion And [¿] the of the said Complainers to the [¿] Who for Alledged Disobedience has Denounced or pretends to Cauſe Denounce them Rebells and put thereto Att leaſt to [¿] their Goods therefore Most wrongously and Unjustly Considering it is of verity That the Eſtate belonging to the late Viſcount [¿] Kilsyth Being [¿] By the [¿] of the Lords of our Counsill and Seſsion And ane Factor Appointed by their Lordſhips for Uplifting the rents thereof ( which is [¿] known) The saids Complainers the Tennents of the sid Eſtate humbly [¿] themselves Neither Oblidged nor in Facto To make payment of their rents to the Charges nor to any other perſon whatsomever But only to the Lords their Factor And if the Charger has any Just Claim Against the said Estate He may Proſecute the same before their Lordships and Obtain their Warrand against the factor who has [¿] Caution To make the rents furthcoming To all parties having Interest But can have no Acceſs against the Complainers the Tennents who are only lyable To pay their rents to the factor And to no other perſon So that the Decreet Charged upon being Against them the Tenennts of the [¿] Eſtate is Intrinsically Null But Secundo Albeit the Eſtate were not ſequeſtred by the Lord of our Councill and ſeſsion As [¿] it is Yet the Complainers Going Tennents of ane Estate Forefaulted to Our Crown There can be no Decreet of Maills and Duties Against them Unleſs Our officers of State had been first called To Debate Our Interests with the Charger But so it is That Our officers of State neither were nor could be Cited To Appear Before the Shirriff Court of Stirling or any other Inferior Court So that the Decreet Charged upon is [¿] intrinsically null But tertio Albeit the Estate were not for faulted to Our Crown As [¿] it is Yet the Complainers are most unjustly Charged to Make payment of their Victual rent Before it fall due In [¿] as the Victuall rent for Cropt Jajvijc and sixteen years Is not payable till betwixt Yuill and Candlemas next all the Country Over And yet they are Charged Instantly To Deliver their Victual for Cropt Jajvijc and Sixteen As the Copies of the Charges produced to Our saids Lords of Councill and Seſsion has Testifyed And sua the saids Lords have evidently perceived how wrongously the Complainers are Charged In manner and to the effect forsaid By all Law Equites and Reaſon And Therefore the forsaid pretended Decreet with the Letters and Charges raiſsed thereon haill Effect and Executions yrof Ought and ſhould be suspended upon the said Complainers in time comming As is Alleged [¿] Will is Herefore And we charge you that ye lawlly ſummon warn and Charge the said John Earle of Wigton Charger @named personally or at his Dwelling place To Compear Before the Lords of Our Councill and ſeſion Att Edinburgh or where it shall happen them to be for the time the Twenty fifth day of December Instant In the hour of cause with Continuation of days Bringing with him the forsaid pretended Decreet with the Letter and Charges raiſed upon the samen and Executions thereof To be ſeen and ſee the samen simplicitor Suspended Upon the saids Complrs in all time coming Att Our [¿] and the saids Lords of Our Councill and Seſsion In our name by the [¿] hereof Suspend the forsaid pretended Decreet with the Letters and Charges raiſed upon the ſamen haill Effect and Execution thereof Upon the saids Complainers in time coming Discharging hereby All and ſundry [¿] at arms Officers and others whom it [¿] and putting the ſame to further Execution And of their officers in that part In the [¿] time while the laſt day of the samen moneth According to Justice (And that Without Cuation of Consignation after Report made by the Lord Ordinary in preſentia Conform to the Lords their Deliverance dated the ſixth day of December [¿] Again to the Bearer Given Under Our ſignet Att Edinburgh the fourth day of December And of our Reign the third year 1716 Ex Deliberatione Dominorum [¿]