1st Duke of Gordon

16
bait in obedience nf His Majesties com mantle he
hath appeared to hold forth the nature of his
right he protested that the same should not be
construed a submitting of his right to any second
tryeall, and did declare that he past from his
appearance in 'the said matter ; and thervpon
took instruments. And the Marquis of Huntley,
his curators, compearing, protested in the con-
trar: which protestations inane hide the Councill
did admit of " in 'hoc statu 'processus," as the
samen then stood before the Committee that the
samen might operat for either party "quo ut de
jure."
Which proves, together with the depositions of
the witnesses, and haill other wrytts and docu-
ments produced haveing these diverse years by
past lyem over vnadvysed by reason of the min-
ority of the said Marquis and his absence furth
of the kingdom ; and of severall overtures made
for a friendly settlement and aocomdation ; which
haveing taken no effect, therfore the said Marquis
did give in a petition to the Lords of Privy
Councill craveing that the forsaid Commit tie with
some others in place of such as were deceased,
might be appointed to consider the state of the
proces, and the probation adduced and to report
the sa'me to the Councill ; and which accordingly
the saids Lords haveing ordained. And did :id-
noint the former Comittie. And in place of the
Earleo of Haddingtoun, the Lordes Halcartonn,
Bellenden, and President of the Session, who are
deceast, did nominat and appoint the Earle of
Dundonald, the Lord Duffus, the present Presi-
dent of the Session, and the Laird of Nidry.
Which committ'tie havein<r meft vpon the fyftein
of July last, and called both parties before them ;
and enciuired if they had any further to alledge
before thev should consider the probation, the
Earle of Aboyne declared that he had formerly
past frae his ajpnearamee, and taken instruments
thereupon, to which he adhered. And the Mar-
quis of Huntley and hi.< procurators declared
that they had no further to add, but re ferret!
themselves to the probation adduced, and op-
poned the state of the proces and the Earle's for-
mer compearance.
Wherupon the said Committie haveing mett
at diverse dyetts thereafter, and haveing
considered the whole depositions of the
witnesses and the other wrytts and docu-
ments adduced. And haveing made their report
in the haill matter, the Lord Commissioner, His
Grace and Lords of His Majestie's Privy Coun-
cil] haveing at lenth heard and considered the
forsaid report with the depositions of the wit-
nesses and other documentes and wrytfes pro-
duced, whervpon the said report is founded, doe
ffind it clearly proven that the said Earle of
Aboyne. be vertue of his donation doeth poseesse