[A1706/10/42]*[print] [email] [cite] [preceding] [following]
Anne, by the grace of God queen of Great Britain, France and Ireland, defender of the faith, to our beloved [...], messengers, our sheriffs in that part, conjointly and separately, specially constitute greeting. Forasmuch as it is humbly meant and shown to us by our beloved Alexander Colville of Kincardine that he being engaged in several great and considerable bargains of victual, by which he sustained very great loss, and being necessitated to trust out the greatest part of his stock in the hands of several brewers and other tradesmen, from whom he has great difficulty to recover the same, his creditors in the meantime being thereby disappointed of their payment, have not only used diligence against his fortune, but design to distress his person, which keeps him under such a restraint as renders him altogether incapable of doing anything for their advantage, whereas if the complainer were at full liberty he would direct and assist his creditors in the recovering of many considerable debts due to him, which now are likely to be lost. And the said complainer being willing to convey his whole effects to his creditors and to be assisting in the recovering thereof out of his debtors' hands, which he cannot do without a personal protection to his person for some short time to that effect, therefore necessary it is to the said Alexander Colville of Kincardine to have warrant by our commissioner and the estates of parliament for directing summons at his instance for citing his creditors after-mentioned in manner and to the effect after-specified. Our will is therefore and we charge you straitly and command that as soon as these our letter are seen, you pass and in our name and authority lawfully summon, warn and charge the said Alexander Colville of Kincardine, his creditors after-mentioned, namely: [James Carnegie], earl of Southesk, George Drummond of Blair, Mr Andrew Lumsden, minister, Sir David Cunningham of Milncraig, advocate, Mr Thomas Buchan, advocate, Major Henry Balfour of Dunbog, James Taylor, writer to the signet, James Dundas, writer in Edinburgh, Mr David Drummond, treasurer to the bank, [William Gordon Sutherland], lord Strathnaver, Sir William Calderwood, advocate, Henry Guild, writer in Edinburgh, Charles Mitchell, writer there, Sir George Nicolson of Kemnay, Malcolm MacAulay, skipper in Leith, Alexander Colville of Blair, Sir Patrick Murray of Ochtertyre, Thomas Beaton of Tarbet, [...] Colville, lady Rossie, Mr John Dalgleish, minister, [...] Seaton of Lathrisk, [...] Watson of Aithernie, Mr Alexander Farquarson, writer to the signet, John Farquharson of Kirkton, Andrew Kerr of Kippilaw, writer to her majesty's signet, James Smith, late bailie of St Andrews, now merchant in Edinburgh, Ewan MacGregor, merchant in Leith, William Nuckle, skipper there, Sir Robert Blackwood, late dean of guild of Edinburgh, Patrick Stewart, merchant there, and William Hamilton, writer there, Sir Robert Douglas of Glenbervie and Mr John Tilliedaff, minister at Dumbarnie.
In manner following, namely: such of them as are within the town of Edinburgh, upon 48 hours' warning, and if elsewhere within the kingdom (except in Orkney and Shetland), upon 15 days' warning, and if in Orkney or Shetland, upon 40 days' warning, all personally or at their dwelling places, and if outwith the kingdom by open proclamation at the market cross of Edinburgh, pier and shore of Leith, upon 60 days' warning, and the tutors and curators of such of them as are minors, by open proclamation at the market cross of [...] and other places needful, to compear before us or our high commissioner and estates of parliament at Edinburgh, or where it shall happen them to be for the time the [...] day of [...] next to come, if it be lawful, and failing thereof, the next lawful day thereafter, with continuation of days, to answer at the instance of the said Alexander Colville of Kincardine in the matter underwritten. That is to say the said whole creditors above-named and the tutors and curators of such of them as are minors for their respective interests, to hear and see the said protection granted to the said Alexander Colville of Kincardine for the reasons and causes following, namely: [...] and others to be proposed and alleged at discussing hereof, and the said creditors to give in their objections why the said protection should not be granted, according to the said act of parliament and daily practice in the like cases in all points, and likewise to hear and see all necessary probation led and deduced in the premises, with certification to them if they fail and according to justice as you will answer to us. Thereupon the which to do we commit to you conjointly and separately, as said is, our full power by these our letters, delivering them by you duly executed and indorsed again to the bearer. Given under our signet at Edinburgh, 3 March and of our reign the fifth year 1707.
From the deliberation of the lords of parliament, Alexander Gibson, 4 March 1707
†12 March 1707
Given out to James Graham to see this summons and two executions† by me, Walter Pringle
Seen and returned by me, James Graham
Edinburgh, 17 March 1707
Pursuer Pringle, on the other side [...]
Pringle for the pursuer represented that he had cited his creditors in the terms of the act of parliament and did report the grounds of his summons and craved a personal protection against his creditors mentioned in the executions, according to his libel.
Her majesty's high commissioner and the estates of parliament, having advised the libel, they grant personal protection to the pursuer against his creditors mentioned in the executions for all civil debts due by the pursuer to them, and that for the space of seven years from the date hereof, the pursuer always consigning a disposition of his estate in favour of his creditors cited before. Extracted.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament