Author Archives: Philip Ward

Decreet, 8 September 1702, Edinburgh

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Edinburgh the 8th of September 1702

D1702/9/31

Decreet

Decreit Vallange Against McEwan

Annent The lyble or Letters of Complent Raised and persewed befoir The Lords of her Majesties privie Councill at the Instance of Thomas Vallange on of the Constables of the Toun of Pearth with Concurse of Sir James Steuart her Majesties Advocat for her Highness intrest in the matter underwrytten Mentioning That wher By the many good Laws and Acts of Parliament of this realme Constables are established and boeth they and the Justices of pace and Magistrats of Burghs and other officers off the Law are authorized and impowered to put the Laws in Execution particularly such as are made againest profainness and Immorality and that consequently It is a high Misdemaner in any Magistrat or Baillie off Burgh To discurradge the said Constables whom they ought to incurradge in the Execution off ther offices and under sham pretences of Malverse To presume to fyne and imprison them on purpose to make the said office of Constable aburden2 to all Constables and contemptible to all others which certainly is a manyfest deed of oppression and ought as such to be sevearly punished Lykeas Prevarication in deponing in Judgement when called is a Crie in all But more especiallie in a Magistrat and Baillie off Burgh called and deponing as witnes befoir the Lords of Privie Councill yet Nevertheless It is of verity That Patrick McEwan one of the present Baillies of the Burgh of Pearth Haveing conceaved a prejudice againest the said Thomas Vallange Complainer a Constable And being as it wer purposed to discurradge and treat in ridicule the very office off ane Constable toward the suppression off profanity Did upon on or other off the dayes of the moneth off Appryll last Cause conveen the said Thomas Vallange Complainer befoir him in his Baillie Court as haveing malversed in his office off Constable in not delaiting and prosecuting of Jameson weaver For swearing in his audience And tho the Procurator fiscall in presence off the said Baillie McEwan refferred the matter To Thomas Vallange his declaration And That Thomas Declaired he had heard the said Jameson swear and had reprehended him and also summoned him to the Baillie Court But that the Court Did not hold at that time For which he could neither then nor since the matter being resent, prosecut him all which the said Jameson present could not deny And Thomas Vallange Did also offerr to prove by witnesses then present yet the said Baillie without Furder regaird Did sentance the said Complainer In a Fyne off Ten pound scotts And Further By his owen single authoritie Deprived him from his office which could only be done by the Magistrats and Toun Councill who had put him In the said office And Farder Having required The said Thomas Vallange Complainer To give up his Constable Batton And the said Thomas saying he knew not iff he had it upon him Yet Because It was found upon him He Fyned the Complainer as for a lie and Committed him to prison untill he should make payment off the said Fyne And Further when the said Thomas Vallange had gott his liberty and he with other Constables in ther Just resentment off such a mockerie and causeless severity Did upon the Tuentie Fyfth day off the said moneth off Apprill goe to the presence off the said Patrick McEwan with a nottar and by way of Instrument protested againest him For his Forsaid unjustice and oppression and for remead of Law The said Patrick Did not only threaten them with Imprisonment and actuallie ordered a warrant to be wrytt For that effect as authentick Instruments taken theron and produced in the Clerks of Councills hands Doe testefie Lykeas The said Patrick Ewan being called as a witness to depon befoir the Lords of privie Councill in the proces betwixt Robert Robertson Baillie off the said Burgh and Patrick Hay Indweller there And the said Baillie McEwan Being Examined as adduced by boeth pairtes He did soe evidently prevaricat in his Deposition That boeth perseuar and deffender Declaired they past from Patrick McEwan as a witnes In respect off his prevarication And the Lords off the Committee his examinators caused mark the same in there report which was also reported and would By the saids Lords of Privie Councill as a high offence As the record of the said proces in the Clerks of Councills hands bears By all which it is evident That the said Patrick McEwan Is guilty airt and pairt off the said unjustice malversation and oppression As also of the said prevarication above lybled Which being proven He ought not only to be Decerned in the soume off Five hundereth merks of expensses and damnadges But deprived and removed from the said office as a Baillie and Declaired incapable For hereafter off publict trust and Further punished in his person and goods to the example and terror of others To Commit the lyke in time comeing As the saids Lords of Privie Councill shall see cause And Annent The Chairge given to the said Patrick McEwan Deffender To have Compeired personallie Befoir the saids Lords of Privie Councill upon the day and date of their presents To have answered to the forsaid Complaint And to have heard and seen such order and course taken thereannent as appertaines under the pain of rebellion and putting of him to the horn with certefication as in the said principall lyble or Letters of Complaint and executiones therof at more length is contained Which lyble Being this day called In presence of the saids Lords of her Majesties privie Councill And the said Thomas Vallange persewar Compeiring personallie at the Barr with Mr James Steuart Mr Francis Grant and Mr James Gellie his Advocats And the said Mr Patrick McEwan Defender Compeiring also personallie at the barr With Sir David Dalrumple her Majesties solicitor and Sir David Cunynghame his Advocats And the lyble with answers therto and a petition by the Magistrats of Pearth Being all read in ther presence And boeth pairtes procurators being fully heard at the barr And the saids Lords Haveing Considered the samen They have Depryved and heirby Depryves The said Patrick McEwan From the office off Magistracie and being off the Councill off the said Burgh For year and day after the date of these presents.

Edinburgh the 8th of September 1702

D1702/9/31

Decreet

Decreit Vallange Against McEwan

Annent The lyble or Letters of Complent Raised and persewed befoir The Lords of her Majesties privie Councill at the Instance of Thomas Vallange on of the Constables of the Toun of Pearth with Concurse of Sir James Steuart her Majesties Advocat for her Highness intrest in the matter underwrytten Mentioning That wher By the many good Laws and Acts of Parliament of this realme Constables are established and boeth they and the Justices of pace and Magistrats of Burghs and other officers off the Law are authorized and impowered to put the Laws in Execution particularly such as are made againest profainness and Immorality and that consequently It is a high Misdemaner in any Magistrat or Baillie off Burgh To discurradge the said Constables whom they ought to incurradge in the Execution off ther offices and under sham pretences of Malverse To presume to fyne and imprison them on purpose to make the said office of Constable aburden2 to all Constables and contemptible to all others which certainly is a manyfest deed of oppression and ought as such to be sevearly punished Lykeas Prevarication in deponing in Judgement when called is a Crie in all But more especiallie in a Magistrat and Baillie off Burgh called and deponing as witnes befoir the Lords of Privie Councill yet Nevertheless It is of verity That Patrick McEwan one of the present Baillies of the Burgh of Pearth Haveing conceaved a prejudice againest the said Thomas Vallange Complainer a Constable And being as it wer purposed to discurradge and treat in ridicule the very office off ane Constable toward the suppression off profanity Did upon on or other off the dayes of the moneth off Appryll last Cause conveen the said Thomas Vallange Complainer befoir him in his Baillie Court as haveing malversed in his office off Constable in not delaiting and prosecuting of Jameson weaver For swearing in his audience And tho the Procurator fiscall in presence off the said Baillie McEwan refferred the matter To Thomas Vallange his declaration And That Thomas Declaired he had heard the said Jameson swear and had reprehended him and also summoned him to the Baillie Court But that the Court Did not hold at that time For which he could neither then nor since the matter being resent, prosecut him all which the said Jameson present could not deny And Thomas Vallange Did also offerr to prove by witnesses then present yet the said Baillie without Furder regaird Did sentance the said Complainer In a Fyne off Ten pound scotts And Further By his owen single authoritie Deprived him from his office which could only be done by the Magistrats and Toun Councill who had put him In the said office And Farder Having required The said Thomas Vallange Complainer To give up his Constable Batton And the said Thomas saying he knew not iff he had it upon him Yet Because It was found upon him He Fyned the Complainer as for a lie and Committed him to prison untill he should make payment off the said Fyne And Further when the said Thomas Vallange had gott his liberty and he with other Constables in ther Just resentment off such a mockerie and causeless severity Did upon the Tuentie Fyfth day off the said moneth off Apprill goe to the presence off the said Patrick McEwan with a nottar and by way of Instrument protested againest him For his Forsaid unjustice and oppression and for remead of Law The said Patrick Did not only threaten them with Imprisonment and actuallie ordered a warrant to be wrytt For that effect as authentick Instruments taken theron and produced in the Clerks of Councills hands Doe testefie Lykeas The said Patrick Ewan being called as a witness to depon befoir the Lords of privie Councill in the proces betwixt Robert Robertson Baillie off the said Burgh and Patrick Hay Indweller there And the said Baillie McEwan Being Examined as adduced by boeth pairtes He did soe evidently prevaricat in his Deposition That boeth perseuar and deffender Declaired they past from Patrick McEwan as a witnes In respect off his prevarication And the Lords off the Committee his examinators caused mark the same in there report which was also reported and would By the saids Lords of Privie Councill as a high offence As the record of the said proces in the Clerks of Councills hands bears By all which it is evident That the said Patrick McEwan Is guilty airt and pairt off the said unjustice malversation and oppression As also of the said prevarication above lybled Which being proven He ought not only to be Decerned in the soume off Five hundereth merks of expensses and damnadges But deprived and removed from the said office as a Baillie and Declaired incapable For hereafter off publict trust and Further punished in his person and goods to the example and terror of others To Commit the lyke in time comeing As the saids Lords of Privie Councill shall see cause And Annent The Chairge given to the said Patrick McEwan Deffender To have Compeired personallie Befoir the saids Lords of Privie Councill upon the day and date of their presents To have answered to the forsaid Complaint And to have heard and seen such order and course taken thereannent as appertaines under the pain of rebellion and putting of him to the horn with certefication as in the said principall lyble or Letters of Complaint and executiones therof at more length is contained Which lyble Being this day called In presence of the saids Lords of her Majesties privie Councill And the said Thomas Vallange persewar Compeiring personallie at the Barr with Mr James Steuart Mr Francis Grant and Mr James Gellie his Advocats And the said Mr Patrick McEwan Defender Compeiring also personallie at the barr With Sir David Dalrumple her Majesties solicitor and Sir David Cunynghame his Advocats And the lyble with answers therto and a petition by the Magistrats of Pearth Being all read in ther presence And boeth pairtes procurators being fully heard at the barr And the saids Lords Haveing Considered the samen They have Depryved and heirby Depryves The said Patrick McEwan From the office off Magistracie and being off the Councill off the said Burgh For year and day after the date of these presents.

1. NRS, PC2/28, 209r-210r.

2. Sic.

1. NRS, PC2/28, 209r-210r.

2. Sic.

Act, 8 September 1702, Edinburgh

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Edinburgh the 8th of September 1702

D1702/9/21

Act

Act Infavours of the Earle of Marr

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by John Earle of Mar Shewing That where the petitioner stands publictly infest in the whole Earledoom of Mar upon severall Adjudications and other Rights standing in his person and alse that most of the Creditors upon the Estate have granted a Commission and factory to him for uplifting and manageing the rents therof for his oune and their behove And the petitioner knowing that the wryts and evidents in the Chartar house of Alloa haveing lyen so many years in a laugh vault Immediately off the ground without aither fyre or Light that if soon speedy course were not taken to prevent it they would be in great hazard of perishing which would be ane Irrepairable loss to the petitioner and other Creditors And alse considering that there might be severall of the saids wrytts absolutly necessar in processes purswed aither for or against them And therfore Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privy Councill haveing considered the above petition given in to them by John Earle of Mar They Doe heirby Grant warrand Commission to Mr George Erskine Baillie Deput of the Regality of Alloa and Mr Henry Chrystie Comisary deput of Dumblane To Receave the keyes of the said Chartorhouse of Alloa from Mary Countes of Mar The petitioner Mother and upon Recept therof to make a full Inventar of the wryts and evidents therincontained And to Deliver the same with the keyes to the said petitioner to the effect forsaid.

Edinburgh the 8th of September 1702

D1702/9/21

Act

Act Infavours of the Earle of Marr

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by John Earle of Mar Shewing That where the petitioner stands publictly infest in the whole Earledoom of Mar upon severall Adjudications and other Rights standing in his person and alse that most of the Creditors upon the Estate have granted a Commission and factory to him for uplifting and manageing the rents therof for his oune and their behove And the petitioner knowing that the wryts and evidents in the Chartar house of Alloa haveing lyen so many years in a laugh vault Immediately off the ground without aither fyre or Light that if soon speedy course were not taken to prevent it they would be in great hazard of perishing which would be ane Irrepairable loss to the petitioner and other Creditors And alse considering that there might be severall of the saids wrytts absolutly necessar in processes purswed aither for or against them And therfore Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privy Councill haveing considered the above petition given in to them by John Earle of Mar They Doe heirby Grant warrand Commission to Mr George Erskine Baillie Deput of the Regality of Alloa and Mr Henry Chrystie Comisary deput of Dumblane To Receave the keyes of the said Chartorhouse of Alloa from Mary Countes of Mar The petitioner Mother and upon Recept therof to make a full Inventar of the wryts and evidents therincontained And to Deliver the same with the keyes to the said petitioner to the effect forsaid.

1. NRS, PC2/28, 208v-209r.

1. NRS, PC2/28, 208v-209r.

Sederunt, 8 September 1702, Edinburgh

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Edinburgh the 8th of September 17021

D1702/9/12

Sederunt

Lord Chancelor; Marquis of Lothian; Earl of Crafurd; Earl of Mar; Earl of Buchan; Viscount Tarbat; Viscount Rosberry; Lord Poluarth; Lord Advocat; Lord Provost of Edinburgh

Edinburgh the 8th of September 17021

D1702/9/12

Sederunt

Lord Chancelor; Marquis of Lothian; Earl of Crafurd; Earl of Mar; Earl of Buchan; Viscount Tarbat; Viscount Rosberry; Lord Poluarth; Lord Advocat; Lord Provost of Edinburgh

1. NRS, PC2/28, 208v.

2. NRS, PC2/28, 208v.

1. NRS, PC2/28, 208v.

2. NRS, PC2/28, 208v.

Act, 14 August 1702, Edinburgh

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Edinburgh the 14th August 1702

D1702/8/51

Act

Act and warrand Infavours of John Hay

Annent the Petition given in and presented To the Lords of Her Majesties Privie Councill By John Hay for himself and in name of the Sociatie for executing the Causes annent Trade Representing That on the Tenth Instant The Petitioner went to Lyemouth Instructed with the Admiralls Precept For arristing Wooll put aboard the veshell of one Thomas Smith of Leven to be transported and gott access at first and found weell aboard. But the nixt day offering to search further and arreist The Petitioner was deforced Notwithstanding he had the Admiralls Precept and the Concurrance off the Baillie off the Place And that by the Skipper and his crew and seaverall others who used and threatned outmost violence Wherfor The veshell being still there as the Petitioners are Informed They humblie creaved The saids Lords Recommendation to the Major Generall To have ther assistance of the nearest forces For arreisting the said veshell effectually untill the forsaid Deforcement and Seasour may be fully tryed in due course of Law As Lykewayes that […] Grive in Dunce and others authors of the said transgression and deforcement are now in toun may be instantly secured And Therfore creaving to the effect afftermentioned As the said Petition Bears The Lords of her Majesties Privie Councill Haveing Considered the above petition given in to them By John Hay For himself and in name of the Society for Executing the Laws annent Trade Doe heirby Recommend To Major Generall George Ramsay Commander in Cheiff of her Majesties forces within this Kingdom To give the assisstance off a Compitent number off her Majesties forces lying nearest to Lymouth To Fortify and assist The Petitioners in Executing ane arristment upon the vessell of one Thomas Smith in Leven lying at Lymouth untill the deforcement used by the skipper his Crew and seaverall others againest the Petitioners and Seasure of the Wooll on board the said vessell be fully tryed and in due Course of Law As Lykewayes Authorizes any persones his Lordships shall have Information off as accessory to the said deforcement And approves of any warrand given by the Lord Advocat For securing and Committing prisoner off any persone upon account Forsaid.

Edinburgh the 14th August 1702

D1702/8/51

Act

Act and warrand Infavours of John Hay

Annent the Petition given in and presented To the Lords of Her Majesties Privie Councill By John Hay for himself and in name of the Sociatie for executing the Causes annent Trade Representing That on the Tenth Instant The Petitioner went to Lyemouth Instructed with the Admiralls Precept For arristing Wooll put aboard the veshell of one Thomas Smith of Leven to be transported and gott access at first and found weell aboard. But the nixt day offering to search further and arreist The Petitioner was deforced Notwithstanding he had the Admiralls Precept and the Concurrance off the Baillie off the Place And that by the Skipper and his crew and seaverall others who used and threatned outmost violence Wherfor The veshell being still there as the Petitioners are Informed They humblie creaved The saids Lords Recommendation to the Major Generall To have ther assistance of the nearest forces For arreisting the said veshell effectually untill the forsaid Deforcement and Seasour may be fully tryed in due course of Law As Lykewayes that […] Grive in Dunce and others authors of the said transgression and deforcement are now in toun may be instantly secured And Therfore creaving to the effect afftermentioned As the said Petition Bears The Lords of her Majesties Privie Councill Haveing Considered the above petition given in to them By John Hay For himself and in name of the Society for Executing the Laws annent Trade Doe heirby Recommend To Major Generall George Ramsay Commander in Cheiff of her Majesties forces within this Kingdom To give the assisstance off a Compitent number off her Majesties forces lying nearest to Lymouth To Fortify and assist The Petitioners in Executing ane arristment upon the vessell of one Thomas Smith in Leven lying at Lymouth untill the deforcement used by the skipper his Crew and seaverall others againest the Petitioners and Seasure of the Wooll on board the said vessell be fully tryed and in due Course of Law As Lykewayes Authorizes any persones his Lordships shall have Information off as accessory to the said deforcement And approves of any warrand given by the Lord Advocat For securing and Committing prisoner off any persone upon account Forsaid.

1. NRS, PC2/28, 208r.

1. NRS, PC2/28, 208r.

Act, 14 August 1702, Edinburgh

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Edinburgh the 14th August 1702

D1702/8/41

Act

Act In favours of Thomas Master Henry and John Robertsones

Annent the petition given in and presented to the Lords of her Majesties privie Councill By Thomas Master Henry and John Robertsones sones to the Deceast Baillie Robertsone and George Warrander late Baillie off Edinburgh Shewing That the building of the Exchange Being stopt by Thair Lordships order some of the propriatars of shops in the high exchange without The petitioners knowledge applyed to the saids Lords for removing the stopt and for ane allowance to put a flatt rooffe therin which was granted As to which the Petitioners humblie Represented That this warrand being granted without ther knowledge and without either being cited or Compeiring The Petitioners cannot be prejudged as to ther Just and legall objectiones and deffences which are pregnant and unanswerable viz: That above the east side of the Exchange They the saids Thomas and Master Henry Robertsones had a house possesst By the Advocats For a Library which yeilded of yearly rent Tuentie pound Sterling And he the said George Warrander had a new upper house above the said library and that by noe such glandestine application The petitioners propertie can be taken away especiallie seeing the samen is in the termes of the Act of Parliament And that they are willing either to build themselves or sell ther properties And Therfor creaving The saids Lords to recall the forsaid warrand in soe farr as extends to the putting a roofe upon the east side of the said Exchange seeing it cuts of the petitioners properties And to allow the petitioners to build their respective uncontraverted properties theron in the termes of the Act of Parliament as the said petition bears The Lords of her Majesties privie Councill Haveing considered the above petition given into them by the above Thomas Master Henry and John Robertsones sones to the deceast Baillie Robertson and George Warrander late Baillie of Edinburgh And the samen Being fully read in ther presence They doe heirby allow the Petitioners To build up the East syde of the Inner Exchange with stone walls only as heigh as it was formerly with Caching and plaster And Revocks any former order of Councill conterary to The said Petitioners first adjusting befoir the Dean of Gild of Edinburgh and his Councill of Gilene all differences betuixt the petitioners and the Nighbourhood as to ther windows and hights above the old Exchange looking to the south.

Edinburgh the 14th August 1702

D1702/8/41

Act

Act In favours of Thomas Master Henry and John Robertsones

Annent the petition given in and presented to the Lords of her Majesties privie Councill By Thomas Master Henry and John Robertsones sones to the Deceast Baillie Robertsone and George Warrander late Baillie off Edinburgh Shewing That the building of the Exchange Being stopt by Thair Lordships order some of the propriatars of shops in the high exchange without The petitioners knowledge applyed to the saids Lords for removing the stopt and for ane allowance to put a flatt rooffe therin which was granted As to which the Petitioners humblie Represented That this warrand being granted without ther knowledge and without either being cited or Compeiring The Petitioners cannot be prejudged as to ther Just and legall objectiones and deffences which are pregnant and unanswerable viz: That above the east side of the Exchange They the saids Thomas and Master Henry Robertsones had a house possesst By the Advocats For a Library which yeilded of yearly rent Tuentie pound Sterling And he the said George Warrander had a new upper house above the said library and that by noe such glandestine application The petitioners propertie can be taken away especiallie seeing the samen is in the termes of the Act of Parliament And that they are willing either to build themselves or sell ther properties And Therfor creaving The saids Lords to recall the forsaid warrand in soe farr as extends to the putting a roofe upon the east side of the said Exchange seeing it cuts of the petitioners properties And to allow the petitioners to build their respective uncontraverted properties theron in the termes of the Act of Parliament as the said petition bears The Lords of her Majesties privie Councill Haveing considered the above petition given into them by the above Thomas Master Henry and John Robertsones sones to the deceast Baillie Robertson and George Warrander late Baillie of Edinburgh And the samen Being fully read in ther presence They doe heirby allow the Petitioners To build up the East syde of the Inner Exchange with stone walls only as heigh as it was formerly with Caching and plaster And Revocks any former order of Councill conterary to The said Petitioners first adjusting befoir the Dean of Gild of Edinburgh and his Councill of Gilene all differences betuixt the petitioners and the Nighbourhood as to ther windows and hights above the old Exchange looking to the south.

1. NRS, PC2/28, 207v.

1. NRS, PC2/28, 207v.

Sederunt, 14 August 1702, Edinburgh

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Edinburgh the 14th August 17021

D1702/8/32

Sederunt

Lord Chancellor; Viscount Tarbat; Viscount Rosberry; Lord Forbes; Lord Advocat; Lord Aberuchill; Lord Crossrigg; Lord Phesdo; Lord Provost of Edinburgh; Major Generall Ramsay

Edinburgh the 14th August 17021

D1702/8/32

Sederunt

Lord Chancellor; Viscount Tarbat; Viscount Rosberry; Lord Forbes; Lord Advocat; Lord Aberuchill; Lord Crossrigg; Lord Phesdo; Lord Provost of Edinburgh; Major Generall Ramsay

1. NRS, PC2/28, 207v.

2. NRS, PC2/28, 207v.

1. NRS, PC2/28, 207v.

2. NRS, PC2/28, 207v.

Sederunt, 4 August 1702, Edinburgh

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Edinburgh the 4th August 17021

D1702/8/12

Sederunt

ut in State Register and noe privat business done this sederunt.
Edinburgh the 8th August 17023

Edinburgh the 4th August 17021

D1702/8/12

Sederunt

ut in State Register and noe privat business done this sederunt.
Edinburgh the 8th August 17023

1. NRS, PC2/28, 207r.

2. NRS, PC2/28, 207r.

3. NRS, PC2/28, 207r.

1. NRS, PC2/28, 207r.

2. NRS, PC2/28, 207r.

3. NRS, PC2/28, 207r.

Order, 30 July 1702, Edinburgh

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Att Edinburgh the 30 July 1702

D1702/7/311

Order

Recommendatione to the thesaury in favours of Robert Morison and William Keith

Anent the petition given in and presented to the Lords of her majesties privie Councell by Robert Morison and Wiliam Keith Servants about the exchequer Roums, Showeing that dureing the Sitting of the parliament ther attendance is Closs, and assiduous and nether Councell exchequer or thesaurie sitting that tyme any small Casualities which the petitioners happens to gett is wholly abstructed and which is a great mean of ther Subsistance and libertyhood, and the petitioners on that account are ordinarly on such occasions recommended to the thesaurie for such Considerations as ther Lordships shall think fitt to allow on them for the said extraordinary attendance and therefore Craveing to the effect after mentioned as the said petition bears The Lords of her majesties privie Councell haveing Considered this petition given in to them by the above Robert Morison and Wiliam Keith they hereby recommend to the Lords Commissioners of her Majesties Thesaurie to give such allowance to the saids petitioners as ther Lordships shall think Just and Reasonable to bestow upon them.

Att Edinburgh the 30 July 1702

D1702/7/311

Order

Recommendatione to the thesaury in favours of Robert Morison and William Keith

Anent the petition given in and presented to the Lords of her majesties privie Councell by Robert Morison and Wiliam Keith Servants about the exchequer Roums, Showeing that dureing the Sitting of the parliament ther attendance is Closs, and assiduous and nether Councell exchequer or thesaurie sitting that tyme any small Casualities which the petitioners happens to gett is wholly abstructed and which is a great mean of ther Subsistance and libertyhood, and the petitioners on that account are ordinarly on such occasions recommended to the thesaurie for such Considerations as ther Lordships shall think fitt to allow on them for the said extraordinary attendance and therefore Craveing to the effect after mentioned as the said petition bears The Lords of her majesties privie Councell haveing Considered this petition given in to them by the above Robert Morison and Wiliam Keith they hereby recommend to the Lords Commissioners of her Majesties Thesaurie to give such allowance to the saids petitioners as ther Lordships shall think Just and Reasonable to bestow upon them.

1. NRS, PC2/28, 207r.

1. NRS, PC2/28, 207r.

Decreet, 30 July 1702, Edinburgh

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Att Edinburgh the 30 July 1702

D1702/7/301

Decreet

Decreet The Viscountes of Frendraught against James Crightoune

Anent the lybell or letters of Complaint raised and persued before the Lords of her Majesties privie Counsell, att the instance of Dam Christian Urquhart Viscountes dowager of Frendraught and Theodore Morison of Bogny her son with concurse of Sir James Stewart her Majesties advocat for her highnes interest in the matter under wryten makeing mention that where by the lawes and acts of parliament of this ancient kingdom, and all other weell governed nations, the Intrudeing into and violently possessing of ane other mans lands, right of property and possessing and laboureing the samen with out any right title or Tollerance So to doe and declaireing the righteus propriators and owners thereof, from possessing the same as also the threatning and minaceing of her majesties good and peaceable Subjects to be reave them of ther lives and doe them a mischeife and beating wounding or blooding them and ther Servants while in the legall execution of ther masters Commands the Convocateing of her majesties Leidges without her Royall authority deforceing of messengers and ther parties while in the execution of her majesties lawes be all Crymes of a heinous nature and Severely punishable, Nevertheles It is of verity that James Crichtoun Son to umquhill George Chrichtoun, of Auchingoull Francis Crichton his brother Lues Crichtoun of Conland Mrs Magdelen Crichtoun his Cousin german Patrick Winchester John Auchinleck, James Webster John Wintoun and Wiliam Spens Servants, to the said James Crichtoun and James Smith gardner att Frendraught Shakeing off all fear of God and reguard to her majesties lawes and haveing Conceived a deedly prejudice and malline against the saids persewer, without any Just Cause or occasion did in the months of […] Jaj vijc and one years or upon on or other of the dayes of one or other of the moneths of the said year, without any order of law, right or title Intrude and possess themselves, of the house and mains of Frendraught, belonging in propertie to the said Viscountes dowager, in liferent and her said Sone in fie Conform to ther rights and Infeftments of the Samen and decreit of reconvention obtained att the persewers instance, against the former possessors, thereof produced, and not only violently labour occupy and possess the Same and wplift the maiss and duities extending to Six hundred merks yearly, but also when the Saids persewers Caused execute a Summonds of Removell against the said James Crichtoun, he and the said Francis Crichtoun his brother threatned and offered violence to messenger, or officer, and if not restrained by Captain Thomas Seaton, who was accedentally present they had Certainly wounded him or killed him outright, And not yet Satisfied, with this Intrusion upon the persewers property and threatning and minaceing ther Servants, the persons Complained wpon ane other of them openly and avouedly threatned, to be revenged wpon the said Theodore Morison one of the persewers through but a young youth att Schooll not above Sixteen or Seventeen years of age, And who never did or thought wpon any Injury or the least offence against them, and in many Companies threaten to berave him of his life and Shutt him through the head before they leave the Countrey And further the persewers haveing used but remedy against the persons Complained wpon ther malice Cruelty and illegall practices, that the law allowed by raiseing Letters of Lauburrous before the Lands Lords and therewpon Charged them, to find Sufficient Caution for ther peaceable behavior and they haveing failzied to give obedience denunced them her majesties Rebells and raised Caption therewpon they did Imploy George Bruce messenger to putt the Same in execution but the persons above Complained wpon were so farr from giveing obedience, thereto, that wpon the twenty Sixth day of november last or ane or other of the said dayes of the said moneth, after the said James Crichton was wounded by the messenger, by vertue of the said Caption he Imediatly Conveened a number of men armed with Gunns Swords Durks pistolls, and other Invasive weapons, and did beat bruise and wound the messenger and his partie and took a sword from one of them, and the said James Crichtoun her majesties Rebell threw the messenger to the ground, and made his Escape and gott into the house of Frendraught and he and his partie find Severall Shott out of the windowes, thereof att the messenger, and his partie which forced them to retire for fear of ther lives wherewpon the said Robert Bruce messenger broke his wand of peace before famous witnesses and declaired he had mett with a most violent deforcement, moreover the persones above Complained wpon persisteing in ther Said wicked and illegall practices, after that the said Viscountes had Sett Severall tacks, to the Subtenants of the said mains of Frendraught And verbally agreed with others for the rents of ther severall possessions the said James Crichtoun, with the other persons above Complained wpon forced the saids tenants, to pay ther saids rents, to him, and threatned, to wound and beat them if they Should offer to doe otherwayes, wherethrough the persons above Complained wpon, or ane or other of them are all guilty airt and parte of the Crymes above Complained wpon And therefore ought and Should not only be decerned and ordained by decreit of the lords of privie Councell to make payment to the said Viscountes dowager of Frendraught and her Sone of the Soume of Six hundred merks yearly for these three years bypast, And to flitt and remove themselves, and ther accomplices ther goods and gear furth and from the said house and mains, of Frendraught belonging, to the persewers in property, and to leave the Samen, patent to the effect the saids persewers, may enter thereto, and by themselves mentenants and Servants goods and gear may labour occupie and possess, the Same in tymecomeing, but also the fornamed persons above Complained wpon ought and Should be Severely punished in ther persons goods and gear to the example and terror of others to Committ the like in tymecomeing, And anent the Charge given to the forenamed persons defenders to have Compeared personally before the saids Lords of privie Counsell att ane Certain day past, to answer to the poynts of the above Complaint and to have heard and Seen Such order and Course taken thereanent as the saids Lords Shall think Just under the pain of Rebellion and putting of them to our horn with Certification As in the said principall lybell or letters of Complaint raised in the said matter with the executions therof Att more length is Contained The said Lybell being wpon the Sixteen of July instant Called in presence of the saids Lords, and the said Viscountes and her Said sone and others within named against James Crichtoun Son to umquhill George Crichtoun of Auchingaill Francis Crichtoun his brother Mrs Magdelen Crichtoun his 2 Cousin german, Patrick Winchester James Auchinleck James Webster James Wintoun and William Spence Servitors to the Said James Crichtoun and James Smith Gardiner att Frendraught and the said Viscountes and her said Sone Compeareing personally att the barr with Sir James Stewart her majesties advocat Mr John Ferguson Mr Francis Grant ther advocats and the said And the said James Crichtoun and Mrs Margaret Crichton his Cousine German (all the rest of the defenders being absent Compeareing also personally att the barr with Mr David Forbes Mr Alexander Abercrombie ther advocats, and the lybell with the answers therto being fully read in presence of the saids lords, of privie Councell and both parties procurators being fully heard att the batt and the wittnesses as marked in this roll haveing Compeared att the barr and made faith the Saids Lords nominated and appoynted a Comity of ther own number to examine the Saids witnesses and reserved all objections which might be made against the Saids witnesses to be proponed and discussed before the said Comity which Committy haveing accordingly mett they took the oaths and depositions of diverse and Sundry famous witnesses, aduced for proveing the lybell who being all Solemnly Sworn Interrogat and examined in the Said matter wpon ther great oaths and depositions extent in proces bears, Thereafter wpon the twenty eight instant the Saids Lords recommended to the Said Commity to mett and Indeavour to Setle and agree the Saids parties, Continued ther quorum as formerly and to make ther report to the Councell against ther nixt meeting Which Committy never haveing mett And the Saids Lords haveing this day advysed the proces att the instance of Dean Christian Urquhart Viscountes Dowager of Frendraught And Theodore Morison, of Bognie her Son against James Crichtoun and the other defenders above named And the saids Lords haveing heard and Considered the depositions of the witnesses aduced in the said proces and also haveing Considered the said lybell, and haill Steps of the said proces, and Informations for both partes in the said matter, being fully read The saids Lords decerned and ordaines and hereby decerns and ordains, the saids James Crichtoun and the haill other defenders, Contained in the said lybell to Code and quite, the possession of the house and mains of Frendraught, and to flit and remove themselves there wifes etc there from, and to leave the samen void and ridd that the said persewer, and her said son may have free access thereto without trouble or molestaition And have ordained and hereby ordains the Shereff of the Shyre of the bounds to putt the said Dam Christian Urquhart and her said Son in the peaceable possession thereof, and to keep and maintain them therein and ordains letters of horning on fifteen dayes, and other3 executorialls needfull to be direct hereupon.

Att Edinburgh the 30 July 1702

D1702/7/301

Decreet

Decreet The Viscountes of Frendraught against James Crightoune

Anent the lybell or letters of Complaint raised and persued before the Lords of her Majesties privie Counsell, att the instance of Dam Christian Urquhart Viscountes dowager of Frendraught and Theodore Morison of Bogny her son with concurse of Sir James Stewart her Majesties advocat for her highnes interest in the matter under wryten makeing mention that where by the lawes and acts of parliament of this ancient kingdom, and all other weell governed nations, the Intrudeing into and violently possessing of ane other mans lands, right of property and possessing and laboureing the samen with out any right title or Tollerance So to doe and declaireing the righteus propriators and owners thereof, from possessing the same as also the threatning and minaceing of her majesties good and peaceable Subjects to be reave them of ther lives and doe them a mischeife and beating wounding or blooding them and ther Servants while in the legall execution of ther masters Commands the Convocateing of her majesties Leidges without her Royall authority deforceing of messengers and ther parties while in the execution of her majesties lawes be all Crymes of a heinous nature and Severely punishable, Nevertheles It is of verity that James Crichtoun Son to umquhill George Chrichtoun, of Auchingoull Francis Crichton his brother Lues Crichtoun of Conland Mrs Magdelen Crichtoun his Cousin german Patrick Winchester John Auchinleck, James Webster John Wintoun and Wiliam Spens Servants, to the said James Crichtoun and James Smith gardner att Frendraught Shakeing off all fear of God and reguard to her majesties lawes and haveing Conceived a deedly prejudice and malline against the saids persewer, without any Just Cause or occasion did in the months of […] Jaj vijc and one years or upon on or other of the dayes of one or other of the moneths of the said year, without any order of law, right or title Intrude and possess themselves, of the house and mains of Frendraught, belonging in propertie to the said Viscountes dowager, in liferent and her said Sone in fie Conform to ther rights and Infeftments of the Samen and decreit of reconvention obtained att the persewers instance, against the former possessors, thereof produced, and not only violently labour occupy and possess the Same and wplift the maiss and duities extending to Six hundred merks yearly, but also when the Saids persewers Caused execute a Summonds of Removell against the said James Crichtoun, he and the said Francis Crichtoun his brother threatned and offered violence to messenger, or officer, and if not restrained by Captain Thomas Seaton, who was accedentally present they had Certainly wounded him or killed him outright, And not yet Satisfied, with this Intrusion upon the persewers property and threatning and minaceing ther Servants, the persons Complained wpon ane other of them openly and avouedly threatned, to be revenged wpon the said Theodore Morison one of the persewers through but a young youth att Schooll not above Sixteen or Seventeen years of age, And who never did or thought wpon any Injury or the least offence against them, and in many Companies threaten to berave him of his life and Shutt him through the head before they leave the Countrey And further the persewers haveing used but remedy against the persons Complained wpon ther malice Cruelty and illegall practices, that the law allowed by raiseing Letters of Lauburrous before the Lands Lords and therewpon Charged them, to find Sufficient Caution for ther peaceable behavior and they haveing failzied to give obedience denunced them her majesties Rebells and raised Caption therewpon they did Imploy George Bruce messenger to putt the Same in execution but the persons above Complained wpon were so farr from giveing obedience, thereto, that wpon the twenty Sixth day of november last or ane or other of the said dayes of the said moneth, after the said James Crichton was wounded by the messenger, by vertue of the said Caption he Imediatly Conveened a number of men armed with Gunns Swords Durks pistolls, and other Invasive weapons, and did beat bruise and wound the messenger and his partie and took a sword from one of them, and the said James Crichtoun her majesties Rebell threw the messenger to the ground, and made his Escape and gott into the house of Frendraught and he and his partie find Severall Shott out of the windowes, thereof att the messenger, and his partie which forced them to retire for fear of ther lives wherewpon the said Robert Bruce messenger broke his wand of peace before famous witnesses and declaired he had mett with a most violent deforcement, moreover the persones above Complained wpon persisteing in ther Said wicked and illegall practices, after that the said Viscountes had Sett Severall tacks, to the Subtenants of the said mains of Frendraught And verbally agreed with others for the rents of ther severall possessions the said James Crichtoun, with the other persons above Complained wpon forced the saids tenants, to pay ther saids rents, to him, and threatned, to wound and beat them if they Should offer to doe otherwayes, wherethrough the persons above Complained wpon, or ane or other of them are all guilty airt and parte of the Crymes above Complained wpon And therefore ought and Should not only be decerned and ordained by decreit of the lords of privie Councell to make payment to the said Viscountes dowager of Frendraught and her Sone of the Soume of Six hundred merks yearly for these three years bypast, And to flitt and remove themselves, and ther accomplices ther goods and gear furth and from the said house and mains, of Frendraught belonging, to the persewers in property, and to leave the Samen, patent to the effect the saids persewers, may enter thereto, and by themselves mentenants and Servants goods and gear may labour occupie and possess, the Same in tymecomeing, but also the fornamed persons above Complained wpon ought and Should be Severely punished in ther persons goods and gear to the example and terror of others to Committ the like in tymecomeing, And anent the Charge given to the forenamed persons defenders to have Compeared personally before the saids Lords of privie Counsell att ane Certain day past, to answer to the poynts of the above Complaint and to have heard and Seen Such order and Course taken thereanent as the saids Lords Shall think Just under the pain of Rebellion and putting of them to our horn with Certification As in the said principall lybell or letters of Complaint raised in the said matter with the executions therof Att more length is Contained The said Lybell being wpon the Sixteen of July instant Called in presence of the saids Lords, and the said Viscountes and her Said sone and others within named against James Crichtoun Son to umquhill George Crichtoun of Auchingaill Francis Crichtoun his brother Mrs Magdelen Crichtoun his 2 Cousin german, Patrick Winchester James Auchinleck James Webster James Wintoun and William Spence Servitors to the Said James Crichtoun and James Smith Gardiner att Frendraught and the said Viscountes and her said Sone Compeareing personally att the barr with Sir James Stewart her majesties advocat Mr John Ferguson Mr Francis Grant ther advocats and the said And the said James Crichtoun and Mrs Margaret Crichton his Cousine German (all the rest of the defenders being absent Compeareing also personally att the barr with Mr David Forbes Mr Alexander Abercrombie ther advocats, and the lybell with the answers therto being fully read in presence of the saids lords, of privie Councell and both parties procurators being fully heard att the batt and the wittnesses as marked in this roll haveing Compeared att the barr and made faith the Saids Lords nominated and appoynted a Comity of ther own number to examine the Saids witnesses and reserved all objections which might be made against the Saids witnesses to be proponed and discussed before the said Comity which Committy haveing accordingly mett they took the oaths and depositions of diverse and Sundry famous witnesses, aduced for proveing the lybell who being all Solemnly Sworn Interrogat and examined in the Said matter wpon ther great oaths and depositions extent in proces bears, Thereafter wpon the twenty eight instant the Saids Lords recommended to the Said Commity to mett and Indeavour to Setle and agree the Saids parties, Continued ther quorum as formerly and to make ther report to the Councell against ther nixt meeting Which Committy never haveing mett And the Saids Lords haveing this day advysed the proces att the instance of Dean Christian Urquhart Viscountes Dowager of Frendraught And Theodore Morison, of Bognie her Son against James Crichtoun and the other defenders above named And the saids Lords haveing heard and Considered the depositions of the witnesses aduced in the said proces and also haveing Considered the said lybell, and haill Steps of the said proces, and Informations for both partes in the said matter, being fully read The saids Lords decerned and ordaines and hereby decerns and ordains, the saids James Crichtoun and the haill other defenders, Contained in the said lybell to Code and quite, the possession of the house and mains of Frendraught, and to flit and remove themselves there wifes etc there from, and to leave the samen void and ridd that the said persewer, and her said son may have free access thereto without trouble or molestaition And have ordained and hereby ordains the Shereff of the Shyre of the bounds to putt the said Dam Christian Urquhart and her said Son in the peaceable possession thereof, and to keep and maintain them therein and ordains letters of horning on fifteen dayes, and other3 executorialls needfull to be direct hereupon.

1. NRS, PC2/28, 205r-207r.

2. The word ‘brother’ scored out here.

3. One illegible word scored out here.

1. NRS, PC2/28, 205r-207r.

2. The word ‘brother’ scored out here.

3. One illegible word scored out here.