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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 [¿]