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B03779
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Information for John Hamilton of Gilkerscleugh against John VVeir of Newtown.
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1695
(1695)
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Wing I164B; ESTC R178647
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7,345
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6
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INFORMATION For John Hamilton of Gilkerscleugh Against John VVeir of Newtown THe said John Weir having in July 1690 given in a Petition to the Parliament representing that in the late times there had been some Civil Action depending betwixt him and Gilkerscleugh whereby he was so stirred up against Newtoun that during the Dependance Gilkerscleugh threatned that if Newtoun would not desist he would inform such words against Newtoun as should be Treasonable condescending at the same time upon the Words and that accordingly thereafter Newtoun was taken and made Prisoner in Edinburgh and got an Indictment to answer before the Justices for the saids Words as also that he appeared as a Witness and in the precognition deponed conform to the Libel But that the other Witnesses viz. Alexander Bailie and Andrew symonton not proving sufficiently he was continued Prisoner till February 1686 that he was dismissed upon a a Bill to the Council and subsuming that the said Process and Imprisonment was occasioned by Gilkerscleughs malice against him and that he was thereby put to the Expenses of above 500 lib sterling and concluding against Gilkerscleugh and the other two Witnesses that that may be decerned conjunctly and severally to make payment of the said Sum with the Annualrents thereof since the date and time of expending the samen which having come to be called before the Committee of Fines and Forfeitures and being debate and Probation taken and all these Actions that was depending before the Committee of Fines and Forfaultures are now remitted to the Committee for Security of the Nation that the Parties may be heard before them Gilkerscleugh before he make any particular Answer to the foresaid groundless and faâ—se Representation he humbly offers to the Consideration of the Parliament that he in his Minority being advised by 〈◊〉 to â—hoâ—e the said John Weir one of his Curators upon this Ground and Pretence that he was an Agent and Writer and so could serve Gilkerscleugh in any Affair that he had depending at Law and he being allowed to intromet with the whole Rents of Gilkerscleughs Estate and others belonging to him whereof to this hour Gilkerscleugh could never get an Account and albeit he will be Debitor to Gilkerscleugh in great Sums of Money as also the deceast Gilkerscleugh the Defenders Father being Cautioner for John Weir the Pursuers Father in Law to James Johnstoun of Cariffen for a considerable Sum whereof the Pursuer by his Contract of marriage betwixt him and his Wife was obliged to make payment and relieve the Cautioner in respect the said John Weir had disponed his Estate to the Pursuer who married his eldest Daughter yet so far was he from paying thereof that he suffered Gilkerscleugh his Pupills Estate to be apprysed for the same the Legal whereof is now expired through the Default and Fraud of the Pursuer so that it is evident that the Pursuer will be Debitor to Gilkerscleugh in greater Sums than he is worth This being premised It is answered for Gilkerscleugh 1. That it s not so much as alledged in the said Lybel that he meddled with any of Newtouns Estate either as Fine of Forefaulture or that he any other manner of way meddled with any thing that belonged to him so that he not being able to lybel in the terms of the Act of Parliament anent Fines and Forefaultures he has patch'd up the saids false and irrelevant Stories contirved by him of purpose to force from Gilkerscleugh a Discharge of the foresaid just Debts for which he knows he will be lyable And whereas it is alledged that Gilkerscleugh was stirred up against him upon the account of Civil Actions depending betwixt them the same is grossly calumnious seing Newtoun had never any ground nor did intend any Action against Gilkerscleugh but on the contrary he intented an Action against Newtoun to relieve him of the said Debt for which his Father was Cautioner and which Newtoun by his Contract was bound to satisfie as said is and he was so conscious that the said Pursuit was just and that he will be lyable that he was necessitat to use a most disingenuous Shift to stop the Process by debarring Gilkerscleugh with Horning So that it was absolutely false to pretend that he had any Process against Gilkerscleugh which might have stirred up Gilkerscleugh against him 2. If the Libel as it is conceived were true as it is most false yet it is no ways relevant 1. Because the words alledged to be informed by Gilkerscleugh are not lybelled as they ought to have been 2. If the words had been lybelled then they would either be Treasonable or not and if they were such then he was bound to have informed otherways he himself would have been lyable in the pain of Treason for concealing or they were not Treasonable in which case Newtown would have sustained no prejudice thereby 3. It is notourly known that there was previous Cognition taken by these who had Commission through the whole Western Shires what one man knew against another and obliged them to depone upon Oath otherways they were sent to Prison as also it was an ordinary Question whom ye do know that knows any thing of such an Affair so that as a person was obliged to tell who were Contestes and one these Precognitions the Indictments at the Circuit Courts were taken out and Newtowns Indictment consists of many more Articles than these words alledged to be informed against him by Gilkerscleugh which were separately relevant and if the words had been treasonable as Newtown pretends then he was obliged to discover the same especially when he saw a severe Example before him of the Laird of Deuchall who was forefault for Concealing only that which was whispered in his Ear by Sir John Cochran who craved of him sume Supply for the Earl of Argyle 3. Seing there was so universal a Precognition taken as said is all that Gilkerscleugh can pretend to have informed was the Words spoken to him by Newtown and it is thought strange how the dilating of these can be pretended to be the only ground of his Imprisonment seing there is four or five separat Articles in his Indictment every one thereof was relevant to infer Treason and which cannot be prtended that ever Gilkerscleugh knew or informed of because Newtown was indited in June 1683 at the Circuit-Court wherein it is specially lybelled that he sent his Man and Horse to Bothwâ—l and that he took a sham Instrument against his Servant at Lanerk protesting that he was innocent of his going and that he only sent his man to bring back the Horse but not to joyn with the Rebells and that was the first thing that made him be taken notice of at Lanerk and Gilkerscleughs Deposition is not taken till October 1683 which was after the Inditement so that it is ridiculous to alledge that Newtowns Incarceration proceeded from Gilkerscleugh seing Newtown had been formerly Indited and declared Fugitive for not appearing