Act, 3 March 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/71

Act

Act Tulloch and Dempster Against Earle of Seaforth

Anent the petitione given in to the Lords of his majesties privie Counsell be John Baine younger of Twlloch Shewing That ther Lordships petitioner being about his Laufull affairs upon the Seventh of October Last in the towne of Chanry in Ross in the house of David Mckullock one of the baillies of the said towne Dreading no hurt Judgeing him Self Secure wnder the protectione of his majesties government and Lawes and behaveing himself as a dwetifull Subject Mr William Baillie Roderick Mckeinzie Simon Mckeinzie John Forsyth domestick servants to The Earle of Seaforth and Donald Moriesone Staibler in the said towne of Chanrie by the hunding out of the said Earle Leaveing ther accomplices without doors in manifest contempt of the government most barbarousely with staves and other offensive weapons entered the roume wher the petitioners was at Dinner and first haveing seased and broken his pistolls most crwellie bate wounded and abused him to the great effwsione of his blood and when the said baillie Mckullock commanded them in the Kings name to forbeare these horrid barbarities The said Roderick Mckeinzie replyed they valued not him nor his King for they Commanded ther And likewayes the said Mr William said they were now above these things And when ther Lordships petitioner was scarce able to stand upon his feet for the many greivows and severe Strocks he receaved from them as if he were ane malefactor they dragged him out of his chamber and caried him bare headed through the streets untill they brought him to the closs at the Earles house and haveing bolted the gaites that ther might be noe wittnesses to his wseage ther they Sent to The Earle to know what furder orders he wowld give anent the petitioner and the persone Sent haveing returned all of them a pairt Comowned with him and then brought the petitioner to The Earles yeard wher Likewise they baite and abused him and threatned to Kill him if he would not Sweare and give it under his hand never to represent or persew The Earle or any of them for what was at present Done at Invernes wher they deforced the Messinger which he refwiseing they robbed him of severall papers he had about him and then Lett him goe upon which most attrociows mater of fact ther Lordships petitioner being very confident ther Lordships would in vindicatione of the honor of the government fall upon effectwall meanes to Suppress Such manifest oppressiones raised a lybell against The Earle and his foirsaids Servants wherupon they were cited to the fourth of Janwary Last and non Compeareing certificatione was admitted against them which can be of noe import to the petitioner Seing no Legall Sentance can be execute at the petitioners instance against The Earle or his accomplices in that Countrie And that now The Earle is upon the place But will goe presently north Ther Lordships haveing taken off his confinement And Therfore humbly craveing ther Lordships to take the premisses to ther Sereows consideratione and ordaine The Earle befor he be allowed to goe hom first to find good Suretie to appeare in this the petitioners process to the end Secondly that he produce his foirsaids Servants for whom he is answerable by Law Especiallie Seing he intertained and harboured them in his house and Service for a considerable tyme efter Committing of the said Cryme Tertio that he pay to the petitioner what expensses he hes alreadie putt him to through his not compearance which the petitioner cannot but value to be upwards of six Hundereth pund Scotts by and attour the damnadge he Sustaines through his absence from his Laufull affairs and the expensses he is putt to by his attendance here Qwarto that in respect non of the witnesses for proveing the said mater of fact will compeare by reasone of The Earles awthoritie and Command in that Cowntrey to ordaine the Shirreff of that Shyre to take and Secure them till they give Sufficient Suretie each of them to compeare against Swch a day as ther Lordships Shall please to appoint to the defenders to ansuer to the lybell As the Said petitione bears Which petitione being this day read and considered be the saids Lords of his majesties privie Cownsell They Doe heirby decerne and ordaine The Said Earle of Seaforth to give bond and find Sufficient Cawtione acted in the books of privie Counsell That he shall appeare before the saids Lords upon the first twesday of Jullie next to come and answere to the Lybell depending befor The Councell at the instance of Sir John Dempster of Pitliver and The Laird of Tulloch against his Lordshipe And that he Shall attend the haill dyets of Counciell or ther Committie to be appointed in the Said mater And to obtemper and fullfill the Sentence of Councell to be given and pronunced in the said mater And furder That the said Earle of Seaforth Shall exhibit and produce in presence of the saids Lords of privie Counsell the persones of Mr William Baillie Roderick Mckeinzie Simeon Mckeinzie and John Forsyth domestick servants to his Lordshipe And the persone of Donald Moriesone Stabler in the towne of Chanry belonging to the said Earle And that in the termes of the two hundereth and twentie Seventh act fourtein parliament King James the sixth upon the said first twesday of Jwllie next to come wnder the penaltie of Five Hundereth punds Sterleing in caice he shall transgress in any pairt of the premisses and Give order and warrand to the Shirreff principall of the Shyre of Ross within which Shyre the wittnesses efternamed doe Live and reside to seaze upon and Secure the persones of David Mcculloch Baillie of Chanry Aneas Mclaud towne clerk of Edinburgh Donald Bame Brother to Ronald Bame of Knockbame Peter Lamb in Chanry Donald Davidsone glover ther Kenneth Mckeinzie cordiner ther John Fraser Robert Ross yownger of Merkmish Alexander Mckeinzie younger of Sands John Cuthbert of Draikies Late proveist of Innvernes Kenneth Mckeinzie of Swddie Mr Colline Mckeinzie Doctor of Medicine at Invernes Alexander Cuming wryter ther David Fouller younger merchand ther John Hepburne gwnner ther Alexander Baillie one of the towne officers of Innvernes and William Ross Servitor to James Baillie Shirreff clerk of Innvernes wittnesses cited in the said process ay and untill they and each one of them find Sufficient Sovertie to the Said Shirreff and his deputs that they shall appeare before The Councell upon the said first twesday of Jully next and beare witnes in the foirsaid actione And the saids Lords Superceeds to give ansuer to that point of the petitione anent expensses untill adviseing of the said cause And the saids Lords doe heirby declare the certificatione pronunced by ther Lordships in the foirsaid process to Stand in full force and effect But dischairges any executione to be Done upon the foirsaid certificatione or upon the Letters of Denunceatione to be raised ther on And Discharges the registrating of the saids Letters or executione therof untill the saids Lords proceed in this maiter And ordaines Letters of horning on fiftein dayes and others neidfull wnder the Signet of Counsell to be direct heiron in forme as effeirs

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/71

Act

Act Tulloch and Dempster Against Earle of Seaforth

Anent the petitione given in to the Lords of his majesties privie Counsell be John Baine younger of Twlloch Shewing That ther Lordships petitioner being about his Laufull affairs upon the Seventh of October Last in the towne of Chanry in Ross in the house of David Mckullock one of the baillies of the said towne Dreading no hurt Judgeing him Self Secure wnder the protectione of his majesties government and Lawes and behaveing himself as a dwetifull Subject Mr William Baillie Roderick Mckeinzie Simon Mckeinzie John Forsyth domestick servants to The Earle of Seaforth and Donald Moriesone Staibler in the said towne of Chanrie by the hunding out of the said Earle Leaveing ther accomplices without doors in manifest contempt of the government most barbarousely with staves and other offensive weapons entered the roume wher the petitioners was at Dinner and first haveing seased and broken his pistolls most crwellie bate wounded and abused him to the great effwsione of his blood and when the said baillie Mckullock commanded them in the Kings name to forbeare these horrid barbarities The said Roderick Mckeinzie replyed they valued not him nor his King for they Commanded ther And likewayes the said Mr William said they were now above these things And when ther Lordships petitioner was scarce able to stand upon his feet for the many greivows and severe Strocks he receaved from them as if he were ane malefactor they dragged him out of his chamber and caried him bare headed through the streets untill they brought him to the closs at the Earles house and haveing bolted the gaites that ther might be noe wittnesses to his wseage ther they Sent to The Earle to know what furder orders he wowld give anent the petitioner and the persone Sent haveing returned all of them a pairt Comowned with him and then brought the petitioner to The Earles yeard wher Likewise they baite and abused him and threatned to Kill him if he would not Sweare and give it under his hand never to represent or persew The Earle or any of them for what was at present Done at Invernes wher they deforced the Messinger which he refwiseing they robbed him of severall papers he had about him and then Lett him goe upon which most attrociows mater of fact ther Lordships petitioner being very confident ther Lordships would in vindicatione of the honor of the government fall upon effectwall meanes to Suppress Such manifest oppressiones raised a lybell against The Earle and his foirsaids Servants wherupon they were cited to the fourth of Janwary Last and non Compeareing certificatione was admitted against them which can be of noe import to the petitioner Seing no Legall Sentance can be execute at the petitioners instance against The Earle or his accomplices in that Countrie And that now The Earle is upon the place But will goe presently north Ther Lordships haveing taken off his confinement And Therfore humbly craveing ther Lordships to take the premisses to ther Sereows consideratione and ordaine The Earle befor he be allowed to goe hom first to find good Suretie to appeare in this the petitioners process to the end Secondly that he produce his foirsaids Servants for whom he is answerable by Law Especiallie Seing he intertained and harboured them in his house and Service for a considerable tyme efter Committing of the said Cryme Tertio that he pay to the petitioner what expensses he hes alreadie putt him to through his not compearance which the petitioner cannot but value to be upwards of six Hundereth pund Scotts by and attour the damnadge he Sustaines through his absence from his Laufull affairs and the expensses he is putt to by his attendance here Qwarto that in respect non of the witnesses for proveing the said mater of fact will compeare by reasone of The Earles awthoritie and Command in that Cowntrey to ordaine the Shirreff of that Shyre to take and Secure them till they give Sufficient Suretie each of them to compeare against Swch a day as ther Lordships Shall please to appoint to the defenders to ansuer to the lybell As the Said petitione bears Which petitione being this day read and considered be the saids Lords of his majesties privie Cownsell They Doe heirby decerne and ordaine The Said Earle of Seaforth to give bond and find Sufficient Cawtione acted in the books of privie Counsell That he shall appeare before the saids Lords upon the first twesday of Jullie next to come and answere to the Lybell depending befor The Councell at the instance of Sir John Dempster of Pitliver and The Laird of Tulloch against his Lordshipe And that he Shall attend the haill dyets of Counciell or ther Committie to be appointed in the Said mater And to obtemper and fullfill the Sentence of Councell to be given and pronunced in the said mater And furder That the said Earle of Seaforth Shall exhibit and produce in presence of the saids Lords of privie Counsell the persones of Mr William Baillie Roderick Mckeinzie Simeon Mckeinzie and John Forsyth domestick servants to his Lordshipe And the persone of Donald Moriesone Stabler in the towne of Chanry belonging to the said Earle And that in the termes of the two hundereth and twentie Seventh act fourtein parliament King James the sixth upon the said first twesday of Jwllie next to come wnder the penaltie of Five Hundereth punds Sterleing in caice he shall transgress in any pairt of the premisses and Give order and warrand to the Shirreff principall of the Shyre of Ross within which Shyre the wittnesses efternamed doe Live and reside to seaze upon and Secure the persones of David Mcculloch Baillie of Chanry Aneas Mclaud towne clerk of Edinburgh Donald Bame Brother to Ronald Bame of Knockbame Peter Lamb in Chanry Donald Davidsone glover ther Kenneth Mckeinzie cordiner ther John Fraser Robert Ross yownger of Merkmish Alexander Mckeinzie younger of Sands John Cuthbert of Draikies Late proveist of Innvernes Kenneth Mckeinzie of Swddie Mr Colline Mckeinzie Doctor of Medicine at Invernes Alexander Cuming wryter ther David Fouller younger merchand ther John Hepburne gwnner ther Alexander Baillie one of the towne officers of Innvernes and William Ross Servitor to James Baillie Shirreff clerk of Innvernes wittnesses cited in the said process ay and untill they and each one of them find Sufficient Sovertie to the Said Shirreff and his deputs that they shall appeare before The Councell upon the said first twesday of Jully next and beare witnes in the foirsaid actione And the saids Lords Superceeds to give ansuer to that point of the petitione anent expensses untill adviseing of the said cause And the saids Lords doe heirby declare the certificatione pronunced by ther Lordships in the foirsaid process to Stand in full force and effect But dischairges any executione to be Done upon the foirsaid certificatione or upon the Letters of Denunceatione to be raised ther on And Discharges the registrating of the saids Letters or executione therof untill the saids Lords proceed in this maiter And ordaines Letters of horning on fiftein dayes and others neidfull wnder the Signet of Counsell to be direct heiron in forme as effeirs

1. NRS, PC2/27, 99r-101v.

1. NRS, PC2/27, 99r-101v.