Series 2 > Seafield correspondence from 1685 to 1708

148
CORRESPONDENCE OF JAMES [may
att Abd. I wish your Lo. all happiness, and I am, My
Lord, Your Lo. obedient son and most humble servant,
Ja. Ogilvie.
Ferrieportoun Craig, May 29, 1694.
On 25th August 1694 Sir James Ogilvie was again at Cullen.
The writer of next letter, Andrew Fraser of Kinmundie, was
Sheriff-depute of Aberdeenshire from 1682 to 1708.1 The letter
illustrates the conflicts in jurisdiction then so common.
For THE MUCH HONORED SIR JAMES OGILVIE of that
Ilk, their Maties Solicitor Generall, ffor the present at
Cullen of Boyn Banff these
Aberdeen, 25th August i694.
Much Honored,—Yours of the 22d instant in favours
of Andrew Logie of Loanheid I received, and am glad to
see yow so much his freind, and I think he hath not reason
to doubt much of me, ffor in that mater I proceeded with
alse much moderation as possible, and wes not wanting
to doe him all the kyndness I could in justice. Only my
duty prompted me to doe what I did in citeing him for
that unhappy slaughter, off which it is alleidged he is guilty,
at least had accession thereto. And this I did to prevent
the citation of others, to wit the magistrates of Aberdeen,
who have alwayes competition with me in every thing,
under the notion of being Sherriffs within themselves.
And I think he will be als well used in my hand as in theirs,
ffor albeit he dwells for the most part in the town, yet he is
ane heretor and often recidenter in the shyre, and so lyable
to the Sherriffs jurisdiction. But there is tuo arguments
yow use viz., that the slaughter wes not committed within
this shyre, and that so long tyme being elapsed I wes
incompetent without a commission. I humblie conceive
yow are not thereby in earnest, ffor albeit the slaughter
wes not committed within this shyre, yet the man killed
dwelt in the shyre, and the killer also as said is, and there¬
fore ratione domicilii I conceive my self judge for citeing
1 Sheriff-Court Records of Aberdeen, New Spalding Club, vol. iii. pp. 103,
104, 105, 106.