Documents concerning legal proceedings: Robert and Duncan Kirkwood against Andrew...

Documents concerning legal proceedings: Robert and Duncan Kirkwood against Andrew Kirkwood, Elizabeth [née Leischman] widow of [another] Duncan Kirkwood, and her children James, Euphemia (Eufame) and Marian. (ff. 92-95): Royal order from James VI to James Johnston and [blank] sheriffs in hac parte. The pursuers, sons of Alexander Kirkwood, deceased, of 'Johnnestoun of [? Polmais]', and four curators for their interest [named] claim that in 1595 Andrew Kirkwood and his brother Duncan embezzled from Janet, widow of Alexander, goods worth £182. 13s. 4d. They promised, following a decision recorded in the commissary's books of Sterling on 9 February 1596, to restore the sum and to recompense William Cunningham (Cunynghame), now deceased, surety for the pursuers, who were then minors. The pursuers are also entitled to interest on the sum stolen. Since nothing has been paid, the sheriffs are to make proclamation at the market cross of Stirling to all interested parties, and to give at least six days' notice to the defenders, to appear before the lords of council and session on 24 January. If the defenders do not attend, the lords will decide the matter in their absence. Witnesses [unnamed] are also to be summoned. [Signed]: James, '10^o Jan. 1604'. A. Stratoun.Seal. Notarial sign. [Followed by] A number of notes [in different hands, partially illegible], the majority dated February 1604 or 1605 [O. and N.S. appear to be used indiscriminately], concerning the suit. Date [? s] assigned for further hearing [? s]. [Endorsed, the first two entries in same hand as original]: 1. By James Johnston, sheriff in hac parte. On 13 January he personally summoned the defenders [named], and gave them copies of the summons. Four witnesses [named] to his action. Seal. 2. By Johnston. On the same day he issued the required proclamation, after three 'oyess [? es]', at the market cross of Stirling, for the appearance of [? sureties] and curators, etc., and affixed a copy of the summons there. The same four witnesses as in 1. Seal. 3. [In different hand]: Kirkwod contra Kirkwood. 4. [In yet another hand]: By John Yonge. On 15 January he personally summoned witnesses [named] to appear. Two witnesses [named] to his action. [Seal, said to be affixed, now missing]. [Followed by] Several other notes [in different hands, very carelessly written], one naming Master Umphra Blinsel as lawyer for the pursuers. Another gives names of [? further witnesses to be summoned].