Manuscripta juridica

Acta litigationis Scotiae: John Thomson contra William McKittrick 1655-1669 , excerptas (continuation from flyleaves at beginning of the volume)

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No. of pages: Fol. ix recto - xi recto (after fol. 346):

Rubric: Information upon the act of compt and reckoning betwixt Thomsone and McKittrick

Incipit:

• In this processe of Master John Thomsone against McKittrick, Maxwell for persewer desyred at the barre the minut of the defenders aith to be extracted after this maner that he qualified his intromission as followis, that not only the defender was in possession of the lands.

  (Fol. ix recto:) Petition Master Johne Thomsone. My Lords of Counsell and Session. Unto yewr Lordschips humblie meanis and shewis I, your servitour Master John Thomsone, wryter in Edinburgh, that, quhere in the reduction and declarator persewit by me against William McKittrick.

  (Fol. ix recto:) Answere to the bill given in by McKittrick against Thomsone. This bill is full of calumnies and pupertineries, contrair to all truth, for nether is McKittrick assoilziet from any reasons of the reduction but only two, nether hath he ever compeired in this action these three yeiris bygane to give his aith therein.

  (Fol. ix verso:) Replyis for Master John Thomsone to the answers given in by William McKittrick, in the action of compt and reckoning, depending betwixt them. Master Johne, having persewed a compt and reckoning against McKittrick quha comprysit twa tenements of land and yards in Drumfreis from John Muligane, craving to have it declared that McKittrick is payit of the soum.

  (Fol. x recto:) Petition Master John Thomsone against McKittrick. My Lords of Counsell and Session. Unto your Lordships humblie meanis and schewis I, your servitor Mr. John Thomsone, wryter in Edinburgh, that, quhere William McKittrick merchand in Drumfreis, having deduced ane apprysing against John Muligane, merchant there, of certane tenements for a very small and inconsiderable soume.

  (Fol. x recto:) 20. Januar 1669. The Lords ordainis the defenders procurators to see and answere against, the morrow: 28. Januar 1669. The Lords remits this bill and answers made thairto to the Lord Halkertoun, quho is auditor in the compt and reckoning within mentioned, to due thairin as he thinketh just, or utherwise to report to the haill Lords. Sic subcribitur: Rothes Cancellarius.

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  (Fol. x recto:) 26. Januar 1669. Replyis be Mr. John Thomsone to the answers given in be McKittrick. In all the answere given in, there is not a word that meets the justnesse of the desyre of the persewers bill, the answers being nothing but a rable of calumnies and impertinenties, quhilk merits no answere. For the desyre of the petition is founded upon good reason and justice.

  (Fol. x verso:) Petition Master Johne Thomsone against McKittrick. My Lords of Counsell and Session. Unto your Lordships humblie meanis and schewis I, your servitor Mr. John Thomsone, wryter in Edinburgh, that, quhere William McKittrick, having apprysit twa tenements back and foir with the yards from John Muligane, and I having deduced a second apprysing for just debt, dew to me, for the pryce of the said twa tenements and yards in Drumfreis, to the quhilk McKittrick the first appryser enterit in the yeir i.m. vi.c. fyftie three, and hes still possest the samyn.

  (Fol. xi recto:) For my Lord President. Please your Lordship to cause my Lord Halkertoun, auditor in the compt and reckoning betwixt Mr. John Thomsone and McKittrick, make his report to your Lordships, seing McKittrick entrid to the two tenements and yards in Drumfreis aprysit by him, and the yeirlie maills therof, as they payit before his entrie sith the sufficiencie of the houses the tyme therof are sufficientlie proven and the calculum casten up by the clerke at the auditors command, quherin it is clearlie found that McKittrick is payit within the legal and much more, with the penalties and feeis(?) quhich your Lordship uses in such caces to modifie.

  My Lord, I intreate - it may stand with your convenience - put an end to this bussines. Edinburgh, 19. Julii 1669. John Gilmour