New Spalding Club > Records of Invercauld MDXLVII - MDCCCXXVIII [1547- 1828]

90 RECORDS OF INVERCAULD.
consequence of his disobedience, an application was made to the
Supreme Court, when the following decret was issued : —
" Horning : Alexander Lumsdaine against Mr. Robert Irvine, 1695."
" William, By the Grace of God King of Great Britain, France and
Ireland, &c.. Forasmuch as it is humbly meaned and showen to us by
our Lovit Alexander Lumsdaine of Cushney, exer decerned and con-
firmed to the deceast Robert Lumsdaine, &c."
The document then recites the above decree by the Sheriff-Principal
at full length and then proceeds : —
" Our Will is Therefore and we charge you straitly and com-
mand that incontinent this our decree seen yee pass, and in our name
and authorite command and charge the said Mr. Robert Irvine to dis-
pone, assign, and transfer to the said Complainer and his aforsds so
much of the adjudication led and deduced by him agt. the said Hary
Forbes his estate as will be equivalent and corresponding to the soumes
of mone, principall, faillies, and @ rents before mentioned, with the rest
of the soumes wherfore the sd. adjudication is led, and to observe, per-
form and fullfill to the said Complainer the forsd back-bond in the haill
heads, clauses, obleidgments, and conditions therof, in so far as he
stands anyway bound and oblidged therby Efter the forme, within ten
days next he bees charged be you therto under the pain of rebellion and
putting of him to our horn, wherin if he failzy, the said ten dayes being
bypast, yee incontinent prefer and denounce the disobeyer our rebell and
put him to our horn and escheat, and inbring his haill goods and gaer to
our use for his contempt, and immediately efter your said denuntiation
that ye use the haill remanent order proscrived (sic) by our Act of
Parliament made theranent according to Justice, because the Lords have
seen the precept, as yee will answer to us therupon, The which to doe
we committ to you conly and seally our full power, be thir our sers,
delivering them be you duely execute and indorsed again to the bearer.
Given under our signet At Edgr. the 17th day of December and of our
reign the seventh year 1695.
Ex deliberatione dominorum concilii
W. Thomsone.
iSth December
1695."
The above transaction on the part of Mr. Robert Irvine and the
Laird of Boyndlie bears a very questionable aspect. It is too open to
the construction that it was a device to obtain possession of the bond
due by Boyndlie to the estate of Cushney without fulfilling its condition.
This seems to have been the view taken of it by the Courts of Law.