Author Archives: Philip Ward

Decreet, 30 July 1702, Edinburgh

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Att Edinburgh the 30 July 1702

D1702/7/291

Decreet

Decreit Baillie Robertson against Patrick Hay

Anent the lybell and Complaint raised and persued before the Lords of her majesties privie Councill att the instance of Robert Robertson, one of the present Bailies of the burgh of Pearth, with Concurse of Sir James Stewart, her Majesties advocat for her hignes interest in the matter under written makeing mention that where by the lawes of this and all other weel Governed realms the office and persons of magistrats ought to be had in Singular Esteem, and honor, and that to insult or beat a magistrat while he is in office, and is in so farr vested with ane authority wherwith he is entrusted is not only a Comon Cryme, and Ryot but most highly agravated, by the Character that the magistrat bears, and is further of a most dangerous Consequence, tending to render magistracie Contempable and thereby tending to Introduce and licence, all disorders wpon which accompt the honor and persons of magistrats hath also been particullarly reguairded and Secured by acts of parliament in their behalfe, Nevertheless It is of verity that Patrick Hay Son to Patrick Hay Late2 provest of Pairth Shakeing of all respect to her majesties authority and lawes is guilty of the forsaid Cryme in Sofarras that the Earle of Wigtoun being Come to the said toun And the said Robert Robertson, Bailzie with other of the magistrats haveing payed him, the ordinary Civility of the burgh, and the said Baily Robertson with Certain other persons, and particularly the said Patrick Hay, a burges and Indueller in the said burgh, being returned to the house of one Widdow Blair That keeps a Tavern, and the said Baily Robertson and Patrick Hay, and others being thus mett, wpon the twenty seventh day of January last, past or ane or other of the dayes, of the said moneth, and the Said Patrick Hay Cashing in a discourse about the said Robert Sanders, Schooll master of Pearth, he proceeded to Charge the Magistrats and particularly Bailzie Robertson for being So unkynd to him, To which Baily Robertson answered, that Considereing Mr Sanders was not qualified in law, and that he hath also been noticed by the presbitry wpon the Suspition of erroneous oppinions the saids magistrats had been too favorable3 to him to be Challanged in that maner to which the said Patrick Replyed that the said Mr Sanders Should be keept in his office, whither the magistrats would or not, And Baily Robertson answering that he Spoke foolishly the said Patrick in great wrath did in the presence of the Lord Strathallan, and the Gentlemen and others that were in the Roum, give the said Bailzie Robertson a blow, with his sist upon the syde of the head which almost made him Stager, and putt him in great Confusion which was ane Intollerable wrong and Indignity, and Imediatly received by the said Baily with all gravity, and discretion he haveing declaired in presence of all the Company, That tho as Robert Robertson he would pass the Injurie done him, yett as being present Baily of Pearth he nether would nor Could do it, And Therefore defyned Patrick McEwan, another Bailzie then present to Secure the said Patrick Hay, which yett was not done, But this Injurie being So manifastly to the dishonour of the magistracie and the said Bailzie Robertson, Considering how that some4 in5 the magistracie, before him, had suffered particullar Indignities which not haveing been duely punished might have Imboldned to this new Conttemp, which Can be fully vindicat only by the Lords of privie Councill The said persewer hath there fore laid the matter before the saids Lords, by this present lybell, by which It plainly appears, that the said Patrick Hay is guilty airt and parte of ane attrocious Ryot and high Injurie and Indignity done to the prison of a magistrat in present office for which he ought not only to be Severely fyned, but otherwayes punished att the Sight of the saids Lords, to the example and terror of others to Comitt the like in tymecomeing, and annent the Charge given to the Charge given to6 the said defenders, to have Compeared personally before the saids Lords of her majesties privie Councill att ane Certain day now bypast to have answered to the Grounds of the said Complaint, and to have heard and Seen such order and Course taken theranent as the Saids Lords Should find Just, under the pain of Rebellion and putting of him to the Horn as in the principall lybell or letters of Complaint with the executions thereof att more length is Contained And Sicklyke anent the lybell or letters of Reconvention raised and persued before the Saids Lords, att the instance of Patrick Hay Son to Patrick Hay late provest att Pearth 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 of this and all others weell Governed Realmes, the defameing, reproacheing or accuseing of her Majesties Innocent Leidges, Especially when the Same is done by a magistrat who ought rather to promott Good order and advance the7 quyet of every particular person under theire Charge air Crymes of ane high nature and Severely punishable And yett nevertheless, It is of verity that Robert Robertson ane of the present Bailies of Pearth, did not only insult and abuse the said Patrick Hay in presence of severall famous witnesses, without all maner of provocation or previus Cause or occasion, but haveing Drunk exorbitantly of brandy in the bridge end of Pearth, he Came in with the Companion, and haveing taken a Careless offence against the Said Patrick Hay persewer, he begun first to reflect and reproach his Father, provost Hay, and when the said persewer severall tymes told him, he knew no reason why he Should blame his Father, the Said Bailzie Robertson, Called the said persewer, Patrick Hay by the names, of a Rascall lyer Sott villan and fooll and that notwithstanding he was three or four tymes desyred, by the said persewer to be more modest, and the said persewer haveing therefore left the Company he was sent for again and att his entry the said Patrick albeit he was the only party enjuired Did for quieteing of the Company, tell the Baily that if he had given him any offence he begged him, pardon, which the said Bailzie (his drink and passion being a litle aswaged) did accept of, and declaired that he passed from all Injurie, and In token of it Drunk to the Said persewer, But farder the said Robert Robertson Bailie In pursuance of his Causeless malice hes raised a most Calumnius Complaint against the Said persewer, as a Contemner of magwarie aleadging that that the said Patrick Hay, did Charge the magistrats with not favoreing people disaffected to to8 the Government, which is utterly untrue And the said Robert Robertson does furder Charge, the said Patrick with beating him in Contemp of magistracie which he syds that Its most Callumnius It is Likewayes Irrelivant, for a magistrat not in the exercise of his office, but in privat Company, is but tanquam quilibet and if he gives excessive provocation, His Charactere is ane agravation of the Injuries, and his Impridence, by all which the said Robert Robertson is guilty of the forsaid Crymes, and ought to be punished, in his person and goods, to the terror of others to Committ the like in tymecomeing as the said lybell of Reconvention bears, And Anent the Charge given to the said defender to have Compeared personally before the saids Lords of her Majesties privie Councill att ane Certain day, now bypast, to have answered to the grounds of the forsaid Complaint and to have heard and seen such order and Course taken as thereanent as the saids Lords Should think fitt under the pain of Rebellion and putting of him to the horn as in the said other lybell or letters of9 Reconvention, with the executions thereof att more length is Contained, which two letters or lybells, being both upon the nynteenth day of February, Seventeen hunder and two last read in presence of the saids Lords of her Majesties privie Councill, and the said Robert Robertson persewer of the principall lybell and defender in the Reconvention, Compearing personally att the barr with Sir James Stewart her majesties advocat Sir Patrick Hume, and Mr John Fleemeing his advocats, and the said Patrick Hay persewer in the Reconvention and defender in the principall lybell, Compeareing also personally with Sir David Dalrymple and Mr Wiliam Carmichell her majesties Solicitors his Advocats and both lykeas being both read with answers, thereto and parties procurators fully heard att the barr, the saids Lords, of her majesties privie Councill remitted the Cause to the magistrats of Pearth to be tryed before them, and Judged and Sentance to be passed, thereon accordingly, Thereafter ther was a Supplication given in and presented, to the Saids Lords of privie Councill by the said Robert Robertson Bailzie Sheweing that where wpon, the petitioners very Just Complaint and lybell,10 against Patrick Hay Son to Patrick Hay late provest of Pearth, ther Lordships were pleased afther heareing of the lybell, which with Submission the petitioner Conceaves was very relivant, for Such ane open and avowed injurrie, done to a magistrat in office, within his own burgh by one of the Inhabitants and burgesses to remitt the same back, to be tryed and Cognosced, by the other magistrats and Counsell of the said burgh, notwithstanding that I represented how that Baily McEwen my fello Baily, had not done his parte, and that the magistrats and Counsell, had also declined to grant the petitioner the Concurrance that he required he must Still with all Submission represent, that the petitioners party in Stead of any Just defence, did rather agravat the Injurie Complained off, by aleadgeing that he was overtaken, and drunk for the tyme, and that It was no more but a drunken Scuffle, wherein the petitioner had given him Just the petitioner was done to him, tanquam, quilibet, which that after Such a defence made before the Saids Lords, this matter Should be remitted, It Could not but be attended with very manifast disadvantages, Besydes that the Saids Lords may be pleased, to know that the petitioners provest George Oliphant, is by Appoyntment of the Burroues, to goe to Complein about the first of march, and that of three Bailies Baily Mcewan being a necessary witnes, the petitioner Shall have but one Baily, to try and Judge this affair which he humbly Conceaves Cannot be ther so weell done, as by the saids Lords to whom the vindication, and protection of the magistrats of his majesties burghs, Royall doeth undoubtedly pertain And Seing that all I Creave is that my lybell may have a fair tryall and that It may not be remitted, under (11 as I humbly Conceave ane obvius prejudice, and to ane Single Baily not Sufficient to Cognosce therwpon, And Therefore Craveing the Saids Lords would reconsider, the said matter and in the forsaid place, to take Cognition of the petitioners lybell by admitting by admitteing12 the same to probation, as also any parte of the defences that may appear to deserve the Same, And then to determine upon the whole as the saids Lords Shall See Cause, as the Said petition bears, att the Same tyme ther was ane petition, given in to the saids Lords by the said Patrick Hay Son to Patrick Hay, late provest of Pearth, Shewing that where their Lordships, after hearing the mutuall13 lybells and answers with the debate thereupon, betwixt Baily Robertson in Pearth and the petitioner were pleased as the petitioner, is Informed to pronounce ane Interloquitor, but the said Bailie14 acquiesceing did apply for Stopeing and hes now att last published a petition wherein he reclaimes, against their Lordships Interloquitor, aleadgeing that It Contained a Remitt to the magistrats of Pearth to Judge the matter betwixt him and the, which he pretends will be elusory the provest being to goe abroad, 2d one of the Bailies is a party or witnes, 3tio Ane other Baily did not accept and 4to/ the thrid Baily refuses to Judge for the petitioners parte he Shall not presume to reason about ther Lordships Interloquitors, which pass with Closs doors, but this with all humble respect the petitioner Conceaves is evident, that Since the saids Lords have given any Judgement It falls to be extended, unless the Bailies new Representation take It off 2do/ the Representation is a greater Injury to the Magistrats of Pearth then the excesses aleadged against the petitioner, for It is not to be presumed, that the magistrats will leave the toun without Government and ther Can be nothing more honorable for them then that they by ther Lordships authority Solemnly warranded, to vindicat the Contemp pretended to be putt upon not15 one of ther own number nor is the Bailies diffidence in his favors, 3tio the petition Contains Nothing but a meer pretence, for Its now eight dayes Since, the Saids Lords pronunced ther Interloquitor, and the provest is neither gone nor about to goe abroad for Severall weeks to Come, and the tryall of the present question might be over in a few hours nor is Baily McEwan either party now necessary witnes for as the lybell bears ther were Severalls present when the pretended difference happened, and the thrid Baily is and the thrid Baily is allone Sufficient to Judge it, And Therefore Baily Robertson had better plainly say that he hes not a mynd to have the matter tryed wpon the place, and that your Lordships Should gratifie him in his humor, and the truth is the Bailies deffidence does Sufficiently Show, that the magistracie of the place have not been Injured, and the Subject of the question, was trifle not worthy their Lordships while to have been made the ground of a lybell and much less, to have been the ground of a Second application, And Therefore Craveing It might please the Saids Lords to refuse the desyre of the said petition and appoynt the former remitt or decreit to be extracted, as the Said petition bears The Saids Lords of her Majesties privie Councill Haveing Considered the said petition given in to them by the said Baily Robertson, and the answers given in thereto by the said Patrick Hay, with the former Interloquitor of Councill of the date, the nynteenth then Instant remitting the Cause to the magistrats of Pearth to be tryed before them, the altered ther for said Interloquitor and ordained Intimation to be made personally to the said Patrick Hay to Compear and Sist himselfe before the Saids Lords, wpon twesday the nixt being the thrid day of march to answer, to the lybell formerly exhibite against him with Certification Thereafter ther was ane other petition given in and presented to the Saids Lords be the said Patrick Hay, persewer of the Reconvention and persewer of the principall lybell, Showeing that where in the Complaint against him att the Instance of Bailies Robertson in Pearth, the Saids Lords after heareing were pleased, to remitt the Cognition to the magistrats of Pearth in respect the question Concerened and Indignity offered to one of themselves, but wpon application, of the said Baily, Robertson, ther Lordships have been pleased, to alter and appoynt, parties to be heard wpon twesday nixt, And before, the petitioner make any representation, as to the Interloquitor, he does with all due respect and Submission, beg pardon for withdraweing from the barr the last Councill day which proceed from, no other Reason, but that he was nowayes prepared And as to the Interloquitor, Since the Baily hes given the petitioner the example of reclaiming he must also begg liberty, to desyre ther Lordships to reconsider ther former Interloquitor, and albeit he might very Justly Contend that he ought to be Simplye assolzied In respect that the Bailies own lybell against the petitioners acknowleges that It was in a privat Company And after the Baily had been that Same day ingaged in makeing of burgeses, as also the lybell fairly acknowleges, the injury was deseimbled and past from, and albeit he indeavors to distinguish betwixt himselfe as a man and as a Baily, yet that distinction appears too much to be defined, the Injurie not being offered to him as a Baily now in his office, but denyeing alwayes the Injurie it is aleadged only to have happned in a privat Company and Indeed the Baily was guilty of glorious and insufferable, probations which he does not mention out of any malice, or disrespect to magistracy but of necessary Selfe defence, The petitioner might also here take occasion to vindicat himselfe from the aspersions throwen wpon him, by the Baile and the petitioner is able, by undoubted testimonies, if It were necessary of Gentlemen and neighbours, in the toun weell affected to the Government, to aprove the Innocency and quietnes of the petitioners behaveor, and Conduct, But Because, that is no parte of the petitioners lybell And he is fully Convinced, that the said Lords in Justice will determine, wpon the petitioners Cause without reguard to privat Sugestions, as to his person, which hes been always the peculiar happines of the Subjects under this present Government; the petitioner will not trouble ther Lordships farder about It, But that which the petitioner insists, in is that the saids Lords haveing pronuncing the Cognition to the magistrats of Pearth the former proces fell, nor is his16 petition for the extract of his decreit of his Compearance which were all directly adheareing to ther Lordships Interloquitor Sufficient to Sustain or revive It 2do/ he does also with Submission Contend that the first Interloquitor pronunced by the Saids Lords merits to be sustained and adheared to, both because of ther Lordships authoritie which does not admitt a Change, of ther Interloquitor Gravissima Causa, which does not occur in this Case, as will afterwards appear and also because of the naturall Justice of the said Interloquitor In So farr as, if ther were truely ane Injury done to any of the magistrats of Pearth, ther Can be nothing more honorable, or will more effectually repress, Such Injuries then that the magistrats authority being Strengthned by ther Lordships remitt, be made use of to vindicat it Selfe, and as this was honorable and Just to the magistrats, So It was less expensive and easie for the petitioner, and Therefore the Interloquitor was every way Suitable, to the Saids Lords ther Justice and prejudice 3tio/ the reasons offered for the Baily, why the Saids Lords Should alter one truly but excuses and pretences, and first the Instrument taken of denegatum Justicium is more Injurious to the magistrats then the pretended Scuffle betwixt the Baily and the petitioner in a privat Company, Nor is the Instrument to be reguairde unles the magistrats were Called and allowed, to be heard, Besides by the Instrument It appears Justice was not denyed, but the provest being but Come to the toun the night before and Severalls of the Councell Ignorant of the affair they desyred a litle tyme, to enquire about the matter, and if It were found to be weell grounded they would Concurr any way the Baily pleased 4to It is not less freevolus to alleadge, that ther are not magistrats all Pearth, to Judge in the matter albeit the provest be ordained to goe to Campleton yett he will not be goeing untill apryle, and this question Can be desided in twenty four hours, nor will the Baily be able ever to prove ane litle of his lybell and in the nixt place ther is one Baily undenyeable Competent for the whole Cognition, and Mcbowan the third Baily is only debarred by Baily Robertsons makeing use of him as a witness albeit he be noway a necessary witnes, the aleadged Injury haveing happned, in a Company where ther was many present as the lybell bears, And Therefore Craveing the Saids Lords would adhear to ther former Interloquitor, and ordain the act and remitt to be extracted, as the said petition bears, which being read and Considered by the saids Lords, wpon the third of march Seventeen hunder and two, they adhered to ther former Interloquitor, of the twenty Sixth of february last, and refused the desyre of the said petition wherewpon and wpon the said thrid day of march last the forsaid lybell att the Instance, of the said Robert Robertson being both again Called the said day in presence of the saids Lords, of her majesties privie Councell and the said Robert Robertson persewer in the principall lybell and defender in the Reconvention Compeareing personally att the barr, with Sir James Stewart her majesties advocat Sir Patrick Hume and Mr John Freeman his advocats And the said Patrick Hay Compeaireing also personally att the barr with Sir David Dalrymple, and Mr Wiliam Carmichaell, her majesties Solicitors, his advocats, and both parties procurators being fully heard att the barr the saids Lords of her majesties privie Councell haveing Considered both lybells, and answers, they admitted both lybells to probation, and the witnesses Cited, for both parties being Called, and not Compeareing the granted letters of Second dilligence by Caption against witnesses absent for both parties And the Said Robert Robertson haveing taken a Second dilligence against the Saids witnesses the Same was Called in presence of the saids Lords, wpon the Sixteenth of July instant and all the witnesses therein named Compeareing personally att the barr (Except the Viscount of Strathallan) did make faith, and the saids Lords appoynted, a Commity to examine the saids witnesses, and which Commity haveing accordingly mett, they took and received the oaths and depositiones of diverse and Sundry famous witnesses upon both lybells, who being solemnly sworn examined and Interrogat Deponed and declaired as ther oaths and depositions extant in proces bears, and the Saids Lords of her Majesties privie Councell haveing this day advysed the proces att the instance of, the said Robert Robertson Bailie of Pearth against the said Patrick Hary sone to Patrick Hay late Provest there, And the principall lybell with the lybell of Reconvention depositions of the witnesses and Informations for both parties being all read in ther presence, and they haveing duely Considered the Same, and the haill Steps of the said proces, the saids Lords of her Majesties privie Councell, doe hereby ordain the said Bailie Robertson and Patrick Hay to be Called in and the saids parties both Compeareing att the barr The saids Lords ordained the said Patrick Hay defender to Crave att the barr instantly the Councell pardon, and then the said Baily Robertson for the Injury and offence done by him to the magistracy of Pearth, which accordingly he did and further the saids Lords, decerned and ordained the said Patrick Hay, to goe to Pearth, and ther in presence of the said Toun Councell, of the said burgh, of Pearth, betwixt and the fifteinth day of Agust nixt to Come, to Crave the Said Baily Robertson and the toun Councill pardon, for the said Injury and offence he had Committed against the Magistracy there, and the Lord Advocat in name of, the said Bailly Robertson past from any expensses the the17 Baily Could Seek from the said Patrick Hay.

Att Edinburgh the 30 July 1702

D1702/7/291

Decreet

Decreit Baillie Robertson against Patrick Hay

Anent the lybell and Complaint raised and persued before the Lords of her majesties privie Councill att the instance of Robert Robertson, one of the present Bailies of the burgh of Pearth, with Concurse of Sir James Stewart, her Majesties advocat for her hignes interest in the matter under written makeing mention that where by the lawes of this and all other weel Governed realms the office and persons of magistrats ought to be had in Singular Esteem, and honor, and that to insult or beat a magistrat while he is in office, and is in so farr vested with ane authority wherwith he is entrusted is not only a Comon Cryme, and Ryot but most highly agravated, by the Character that the magistrat bears, and is further of a most dangerous Consequence, tending to render magistracie Contempable and thereby tending to Introduce and licence, all disorders wpon which accompt the honor and persons of magistrats hath also been particullarly reguairded and Secured by acts of parliament in their behalfe, Nevertheless It is of verity that Patrick Hay Son to Patrick Hay Late2 provest of Pairth Shakeing of all respect to her majesties authority and lawes is guilty of the forsaid Cryme in Sofarras that the Earle of Wigtoun being Come to the said toun And the said Robert Robertson, Bailzie with other of the magistrats haveing payed him, the ordinary Civility of the burgh, and the said Baily Robertson with Certain other persons, and particularly the said Patrick Hay, a burges and Indueller in the said burgh, being returned to the house of one Widdow Blair That keeps a Tavern, and the said Baily Robertson and Patrick Hay, and others being thus mett, wpon the twenty seventh day of January last, past or ane or other of the dayes, of the said moneth, and the Said Patrick Hay Cashing in a discourse about the said Robert Sanders, Schooll master of Pearth, he proceeded to Charge the Magistrats and particularly Bailzie Robertson for being So unkynd to him, To which Baily Robertson answered, that Considereing Mr Sanders was not qualified in law, and that he hath also been noticed by the presbitry wpon the Suspition of erroneous oppinions the saids magistrats had been too favorable3 to him to be Challanged in that maner to which the said Patrick Replyed that the said Mr Sanders Should be keept in his office, whither the magistrats would or not, And Baily Robertson answering that he Spoke foolishly the said Patrick in great wrath did in the presence of the Lord Strathallan, and the Gentlemen and others that were in the Roum, give the said Bailzie Robertson a blow, with his sist upon the syde of the head which almost made him Stager, and putt him in great Confusion which was ane Intollerable wrong and Indignity, and Imediatly received by the said Baily with all gravity, and discretion he haveing declaired in presence of all the Company, That tho as Robert Robertson he would pass the Injurie done him, yett as being present Baily of Pearth he nether would nor Could do it, And Therefore defyned Patrick McEwan, another Bailzie then present to Secure the said Patrick Hay, which yett was not done, But this Injurie being So manifastly to the dishonour of the magistracie and the said Bailzie Robertson, Considering how that some4 in5 the magistracie, before him, had suffered particullar Indignities which not haveing been duely punished might have Imboldned to this new Conttemp, which Can be fully vindicat only by the Lords of privie Councill The said persewer hath there fore laid the matter before the saids Lords, by this present lybell, by which It plainly appears, that the said Patrick Hay is guilty airt and parte of ane attrocious Ryot and high Injurie and Indignity done to the prison of a magistrat in present office for which he ought not only to be Severely fyned, but otherwayes punished att the Sight of the saids Lords, to the example and terror of others to Comitt the like in tymecomeing, and annent the Charge given to the Charge given to6 the said defenders, to have Compeared personally before the saids Lords of her majesties privie Councill att ane Certain day now bypast to have answered to the Grounds of the said Complaint, and to have heard and Seen such order and Course taken theranent as the Saids Lords Should find Just, under the pain of Rebellion and putting of him to the Horn as in the principall lybell or letters of Complaint with the executions thereof att more length is Contained And Sicklyke anent the lybell or letters of Reconvention raised and persued before the Saids Lords, att the instance of Patrick Hay Son to Patrick Hay late provest att Pearth 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 of this and all others weell Governed Realmes, the defameing, reproacheing or accuseing of her Majesties Innocent Leidges, Especially when the Same is done by a magistrat who ought rather to promott Good order and advance the7 quyet of every particular person under theire Charge air Crymes of ane high nature and Severely punishable And yett nevertheless, It is of verity that Robert Robertson ane of the present Bailies of Pearth, did not only insult and abuse the said Patrick Hay in presence of severall famous witnesses, without all maner of provocation or previus Cause or occasion, but haveing Drunk exorbitantly of brandy in the bridge end of Pearth, he Came in with the Companion, and haveing taken a Careless offence against the Said Patrick Hay persewer, he begun first to reflect and reproach his Father, provost Hay, and when the said persewer severall tymes told him, he knew no reason why he Should blame his Father, the Said Bailzie Robertson, Called the said persewer, Patrick Hay by the names, of a Rascall lyer Sott villan and fooll and that notwithstanding he was three or four tymes desyred, by the said persewer to be more modest, and the said persewer haveing therefore left the Company he was sent for again and att his entry the said Patrick albeit he was the only party enjuired Did for quieteing of the Company, tell the Baily that if he had given him any offence he begged him, pardon, which the said Bailzie (his drink and passion being a litle aswaged) did accept of, and declaired that he passed from all Injurie, and In token of it Drunk to the Said persewer, But farder the said Robert Robertson Bailie In pursuance of his Causeless malice hes raised a most Calumnius Complaint against the Said persewer, as a Contemner of magwarie aleadging that that the said Patrick Hay, did Charge the magistrats with not favoreing people disaffected to to8 the Government, which is utterly untrue And the said Robert Robertson does furder Charge, the said Patrick with beating him in Contemp of magistracie which he syds that Its most Callumnius It is Likewayes Irrelivant, for a magistrat not in the exercise of his office, but in privat Company, is but tanquam quilibet and if he gives excessive provocation, His Charactere is ane agravation of the Injuries, and his Impridence, by all which the said Robert Robertson is guilty of the forsaid Crymes, and ought to be punished, in his person and goods, to the terror of others to Committ the like in tymecomeing as the said lybell of Reconvention bears, And Anent the Charge given to the said defender to have Compeared personally before the saids Lords of her Majesties privie Councill att ane Certain day, now bypast, to have answered to the grounds of the forsaid Complaint and to have heard and seen such order and Course taken as thereanent as the saids Lords Should think fitt under the pain of Rebellion and putting of him to the horn as in the said other lybell or letters of9 Reconvention, with the executions thereof att more length is Contained, which two letters or lybells, being both upon the nynteenth day of February, Seventeen hunder and two last read in presence of the saids Lords of her Majesties privie Councill, and the said Robert Robertson persewer of the principall lybell and defender in the Reconvention, Compearing personally att the barr with Sir James Stewart her majesties advocat Sir Patrick Hume, and Mr John Fleemeing his advocats, and the said Patrick Hay persewer in the Reconvention and defender in the principall lybell, Compeareing also personally with Sir David Dalrymple and Mr Wiliam Carmichell her majesties Solicitors his Advocats and both lykeas being both read with answers, thereto and parties procurators fully heard att the barr, the saids Lords, of her majesties privie Councill remitted the Cause to the magistrats of Pearth to be tryed before them, and Judged and Sentance to be passed, thereon accordingly, Thereafter ther was a Supplication given in and presented, to the Saids Lords of privie Councill by the said Robert Robertson Bailzie Sheweing that where wpon, the petitioners very Just Complaint and lybell,10 against Patrick Hay Son to Patrick Hay late provest of Pearth, ther Lordships were pleased afther heareing of the lybell, which with Submission the petitioner Conceaves was very relivant, for Such ane open and avowed injurrie, done to a magistrat in office, within his own burgh by one of the Inhabitants and burgesses to remitt the same back, to be tryed and Cognosced, by the other magistrats and Counsell of the said burgh, notwithstanding that I represented how that Baily McEwen my fello Baily, had not done his parte, and that the magistrats and Counsell, had also declined to grant the petitioner the Concurrance that he required he must Still with all Submission represent, that the petitioners party in Stead of any Just defence, did rather agravat the Injurie Complained off, by aleadgeing that he was overtaken, and drunk for the tyme, and that It was no more but a drunken Scuffle, wherein the petitioner had given him Just the petitioner was done to him, tanquam, quilibet, which that after Such a defence made before the Saids Lords, this matter Should be remitted, It Could not but be attended with very manifast disadvantages, Besydes that the Saids Lords may be pleased, to know that the petitioners provest George Oliphant, is by Appoyntment of the Burroues, to goe to Complein about the first of march, and that of three Bailies Baily Mcewan being a necessary witnes, the petitioner Shall have but one Baily, to try and Judge this affair which he humbly Conceaves Cannot be ther so weell done, as by the saids Lords to whom the vindication, and protection of the magistrats of his majesties burghs, Royall doeth undoubtedly pertain And Seing that all I Creave is that my lybell may have a fair tryall and that It may not be remitted, under (11 as I humbly Conceave ane obvius prejudice, and to ane Single Baily not Sufficient to Cognosce therwpon, And Therefore Craveing the Saids Lords would reconsider, the said matter and in the forsaid place, to take Cognition of the petitioners lybell by admitting by admitteing12 the same to probation, as also any parte of the defences that may appear to deserve the Same, And then to determine upon the whole as the saids Lords Shall See Cause, as the Said petition bears, att the Same tyme ther was ane petition, given in to the saids Lords by the said Patrick Hay Son to Patrick Hay, late provest of Pearth, Shewing that where their Lordships, after hearing the mutuall13 lybells and answers with the debate thereupon, betwixt Baily Robertson in Pearth and the petitioner were pleased as the petitioner, is Informed to pronounce ane Interloquitor, but the said Bailie14 acquiesceing did apply for Stopeing and hes now att last published a petition wherein he reclaimes, against their Lordships Interloquitor, aleadgeing that It Contained a Remitt to the magistrats of Pearth to Judge the matter betwixt him and the, which he pretends will be elusory the provest being to goe abroad, 2d one of the Bailies is a party or witnes, 3tio Ane other Baily did not accept and 4to/ the thrid Baily refuses to Judge for the petitioners parte he Shall not presume to reason about ther Lordships Interloquitors, which pass with Closs doors, but this with all humble respect the petitioner Conceaves is evident, that Since the saids Lords have given any Judgement It falls to be extended, unless the Bailies new Representation take It off 2do/ the Representation is a greater Injury to the Magistrats of Pearth then the excesses aleadged against the petitioner, for It is not to be presumed, that the magistrats will leave the toun without Government and ther Can be nothing more honorable for them then that they by ther Lordships authority Solemnly warranded, to vindicat the Contemp pretended to be putt upon not15 one of ther own number nor is the Bailies diffidence in his favors, 3tio the petition Contains Nothing but a meer pretence, for Its now eight dayes Since, the Saids Lords pronunced ther Interloquitor, and the provest is neither gone nor about to goe abroad for Severall weeks to Come, and the tryall of the present question might be over in a few hours nor is Baily McEwan either party now necessary witnes for as the lybell bears ther were Severalls present when the pretended difference happened, and the thrid Baily is and the thrid Baily is allone Sufficient to Judge it, And Therefore Baily Robertson had better plainly say that he hes not a mynd to have the matter tryed wpon the place, and that your Lordships Should gratifie him in his humor, and the truth is the Bailies deffidence does Sufficiently Show, that the magistracie of the place have not been Injured, and the Subject of the question, was trifle not worthy their Lordships while to have been made the ground of a lybell and much less, to have been the ground of a Second application, And Therefore Craveing It might please the Saids Lords to refuse the desyre of the said petition and appoynt the former remitt or decreit to be extracted, as the Said petition bears The Saids Lords of her Majesties privie Councill Haveing Considered the said petition given in to them by the said Baily Robertson, and the answers given in thereto by the said Patrick Hay, with the former Interloquitor of Councill of the date, the nynteenth then Instant remitting the Cause to the magistrats of Pearth to be tryed before them, the altered ther for said Interloquitor and ordained Intimation to be made personally to the said Patrick Hay to Compear and Sist himselfe before the Saids Lords, wpon twesday the nixt being the thrid day of march to answer, to the lybell formerly exhibite against him with Certification Thereafter ther was ane other petition given in and presented to the Saids Lords be the said Patrick Hay, persewer of the Reconvention and persewer of the principall lybell, Showeing that where in the Complaint against him att the Instance of Bailies Robertson in Pearth, the Saids Lords after heareing were pleased, to remitt the Cognition to the magistrats of Pearth in respect the question Concerened and Indignity offered to one of themselves, but wpon application, of the said Baily, Robertson, ther Lordships have been pleased, to alter and appoynt, parties to be heard wpon twesday nixt, And before, the petitioner make any representation, as to the Interloquitor, he does with all due respect and Submission, beg pardon for withdraweing from the barr the last Councill day which proceed from, no other Reason, but that he was nowayes prepared And as to the Interloquitor, Since the Baily hes given the petitioner the example of reclaiming he must also begg liberty, to desyre ther Lordships to reconsider ther former Interloquitor, and albeit he might very Justly Contend that he ought to be Simplye assolzied In respect that the Bailies own lybell against the petitioners acknowleges that It was in a privat Company And after the Baily had been that Same day ingaged in makeing of burgeses, as also the lybell fairly acknowleges, the injury was deseimbled and past from, and albeit he indeavors to distinguish betwixt himselfe as a man and as a Baily, yet that distinction appears too much to be defined, the Injurie not being offered to him as a Baily now in his office, but denyeing alwayes the Injurie it is aleadged only to have happned in a privat Company and Indeed the Baily was guilty of glorious and insufferable, probations which he does not mention out of any malice, or disrespect to magistracy but of necessary Selfe defence, The petitioner might also here take occasion to vindicat himselfe from the aspersions throwen wpon him, by the Baile and the petitioner is able, by undoubted testimonies, if It were necessary of Gentlemen and neighbours, in the toun weell affected to the Government, to aprove the Innocency and quietnes of the petitioners behaveor, and Conduct, But Because, that is no parte of the petitioners lybell And he is fully Convinced, that the said Lords in Justice will determine, wpon the petitioners Cause without reguard to privat Sugestions, as to his person, which hes been always the peculiar happines of the Subjects under this present Government; the petitioner will not trouble ther Lordships farder about It, But that which the petitioner insists, in is that the saids Lords haveing pronuncing the Cognition to the magistrats of Pearth the former proces fell, nor is his16 petition for the extract of his decreit of his Compearance which were all directly adheareing to ther Lordships Interloquitor Sufficient to Sustain or revive It 2do/ he does also with Submission Contend that the first Interloquitor pronunced by the Saids Lords merits to be sustained and adheared to, both because of ther Lordships authoritie which does not admitt a Change, of ther Interloquitor Gravissima Causa, which does not occur in this Case, as will afterwards appear and also because of the naturall Justice of the said Interloquitor In So farr as, if ther were truely ane Injury done to any of the magistrats of Pearth, ther Can be nothing more honorable, or will more effectually repress, Such Injuries then that the magistrats authority being Strengthned by ther Lordships remitt, be made use of to vindicat it Selfe, and as this was honorable and Just to the magistrats, So It was less expensive and easie for the petitioner, and Therefore the Interloquitor was every way Suitable, to the Saids Lords ther Justice and prejudice 3tio/ the reasons offered for the Baily, why the Saids Lords Should alter one truly but excuses and pretences, and first the Instrument taken of denegatum Justicium is more Injurious to the magistrats then the pretended Scuffle betwixt the Baily and the petitioner in a privat Company, Nor is the Instrument to be reguairde unles the magistrats were Called and allowed, to be heard, Besides by the Instrument It appears Justice was not denyed, but the provest being but Come to the toun the night before and Severalls of the Councell Ignorant of the affair they desyred a litle tyme, to enquire about the matter, and if It were found to be weell grounded they would Concurr any way the Baily pleased 4to It is not less freevolus to alleadge, that ther are not magistrats all Pearth, to Judge in the matter albeit the provest be ordained to goe to Campleton yett he will not be goeing untill apryle, and this question Can be desided in twenty four hours, nor will the Baily be able ever to prove ane litle of his lybell and in the nixt place ther is one Baily undenyeable Competent for the whole Cognition, and Mcbowan the third Baily is only debarred by Baily Robertsons makeing use of him as a witness albeit he be noway a necessary witnes, the aleadged Injury haveing happned, in a Company where ther was many present as the lybell bears, And Therefore Craveing the Saids Lords would adhear to ther former Interloquitor, and ordain the act and remitt to be extracted, as the said petition bears, which being read and Considered by the saids Lords, wpon the third of march Seventeen hunder and two, they adhered to ther former Interloquitor, of the twenty Sixth of february last, and refused the desyre of the said petition wherewpon and wpon the said thrid day of march last the forsaid lybell att the Instance, of the said Robert Robertson being both again Called the said day in presence of the saids Lords, of her majesties privie Councell and the said Robert Robertson persewer in the principall lybell and defender in the Reconvention Compeareing personally att the barr, with Sir James Stewart her majesties advocat Sir Patrick Hume and Mr John Freeman his advocats And the said Patrick Hay Compeaireing also personally att the barr with Sir David Dalrymple, and Mr Wiliam Carmichaell, her majesties Solicitors, his advocats, and both parties procurators being fully heard att the barr the saids Lords of her majesties privie Councell haveing Considered both lybells, and answers, they admitted both lybells to probation, and the witnesses Cited, for both parties being Called, and not Compeareing the granted letters of Second dilligence by Caption against witnesses absent for both parties And the Said Robert Robertson haveing taken a Second dilligence against the Saids witnesses the Same was Called in presence of the saids Lords, wpon the Sixteenth of July instant and all the witnesses therein named Compeareing personally att the barr (Except the Viscount of Strathallan) did make faith, and the saids Lords appoynted, a Commity to examine the saids witnesses, and which Commity haveing accordingly mett, they took and received the oaths and depositiones of diverse and Sundry famous witnesses upon both lybells, who being solemnly sworn examined and Interrogat Deponed and declaired as ther oaths and depositions extant in proces bears, and the Saids Lords of her Majesties privie Councell haveing this day advysed the proces att the instance of, the said Robert Robertson Bailie of Pearth against the said Patrick Hary sone to Patrick Hay late Provest there, And the principall lybell with the lybell of Reconvention depositions of the witnesses and Informations for both parties being all read in ther presence, and they haveing duely Considered the Same, and the haill Steps of the said proces, the saids Lords of her Majesties privie Councell, doe hereby ordain the said Bailie Robertson and Patrick Hay to be Called in and the saids parties both Compeareing att the barr The saids Lords ordained the said Patrick Hay defender to Crave att the barr instantly the Councell pardon, and then the said Baily Robertson for the Injury and offence done by him to the magistracy of Pearth, which accordingly he did and further the saids Lords, decerned and ordained the said Patrick Hay, to goe to Pearth, and ther in presence of the said Toun Councell, of the said burgh, of Pearth, betwixt and the fifteinth day of Agust nixt to Come, to Crave the Said Baily Robertson and the toun Councill pardon, for the said Injury and offence he had Committed against the Magistracy there, and the Lord Advocat in name of, the said Bailly Robertson past from any expensses the the17 Baily Could Seek from the said Patrick Hay.

1. NRS, PC2/28, 199r-204v.

2. One illegible word scored out here.

3. One illegible word scored out here.

4. The word ‘of’ scored out here.

5. Insertion.

6. Sic.

7. One illegible word scored out here.

8. Sic.

9. The word ‘Complaint’ scored out here.

10. The word ‘and’ scored out here.

11. Closing bracket missing.

12. Sic.

13. One illegible word scored out here.

14. Insertion.

15. Two illegible words scored out here.

16. Insertion.

17. Sic.

1. NRS, PC2/28, 199r-204v.

2. One illegible word scored out here.

3. One illegible word scored out here.

4. The word ‘of’ scored out here.

5. Insertion.

6. Sic.

7. One illegible word scored out here.

8. Sic.

9. The word ‘Complaint’ scored out here.

10. The word ‘and’ scored out here.

11. Closing bracket missing.

12. Sic.

13. One illegible word scored out here.

14. Insertion.

15. Two illegible words scored out here.

16. Insertion.

17. Sic.

Decreet, 30 July 1702, Edinburgh

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Att Edinburgh the 30 July 1702

D1702/7/281

Decreet

Decreet the Earle of Kintore against Ogilvie of Barras

Anent the lybell or letters of Complaint raised and persued before the lords of her majesties 2 privie Councell att the instance of John Earle of Kintore knight marishall of her majesties ancient kingdom of Scotland with concurse of Sir James Stewart her majesties advocat for her highnes interest in the matter under wryten makeing mention that where evry mans honor, ought to be dear to him as his life and that ane Injurie by way of defamation in poynt thereof, Specially where his truth and honour, is Concerned in the most delicat and tender matters, is a most attrocous Injurie not only most sensible to the person injured but aimeing to expose him, in the view and Construction, of all men, and therefore by the law of this and all other weell Governed Realms, most Severely punishable, nevertheles It is of verity, that Sir Wiliam Ogilvie of Barras and David Ogilvie his Son, are guilty of the forsaid Cryme of defamation, and that in the most injurious and insolent manner, In So farr as Sir George Ogilvie Father to the said Sir Wiliam, haveing been bred and brought up, from a very low and obscure beginning, by the deceast Earle marishall and in his famely, and haveing about the Sixteen hunder and fifty one, been made Livt of the Garrison of Dunnottar, by the said Earle the keeper of the said Castle, by this means the honors of the said Kingdom viz the Croun Sceptor and Sword which by King Charles the Second when all that tyme goeing to England were Committed to the said Earle to be Secured in the said Castle of Dunnottar, fall to be in some maner under the Charge of the said Sir George according to the trust, the Earle had reposed in him, But the Earle haveing Lodged the honors in a Secreet place of the Castle, and thereafter Comeing in Sickelyke to be Surprized, with severall other noblemen att Elliot, and with them made prisoners, and Carried to London, he was necessitat to send his privat order, with the keyes, of that Secreet plane, where the honors were which he alwayes keept about him, to the Countes of Marishall, his mother, prayeing her to take Care, of the honors, itt being no more in his power, to look after them, wherewpon She intrusted them, to the Care and keeping of the said Sir George as Livetenant of the place as said is, who tho he received the said trust, yett in effect had proved very unluckie in it if the said Earle of Kintore, persewer then inn John Keith, had not (albeit very young by a happy forefight, prevented the great hazard in as much as when the Commity of Stats, had about that tyme, ordered the Lord Ballcarras to receive the honours out of the Castle, Dunnottor, and the said Sir George, was very much offended to deny the Committies order, yet the said persewer apprehending the danger, refused to give them out to the said Earle of Ballcarras, Which did very visibly in the event prevent ther falling into the hand of the English whom within a litle thereafter the Englishes became Masters of all Scotland the honors haveing thus Escaped this hazard were still keept in the Castle but the english marching northward, toward Dunnottar the forsaid Countes ordered the honours to be Convoyed privatly out of the way which was done a few dayes therafter, by the very faith full assisstance, of one Mr James Grainger, minister att Kinneff who by his wife and his maid Caused bring the honors in a bundle, of flax to his own house, and then Lodged them in the kirk with a very exact Caution, and gave the Countes of Marishall, a recept bearing particularly the place of the Kirk, where they were hid and which indeed was the Security of the honors throw the good Conduct of the Countes and the good Service of the said minister and his wife, dureing the whole tyme of the English usurpation, for the english therafter, haveing beseidged Dunnottar It was Surrendered by Sir George the Livetenant wpon a very mean Capitulation and the Livetenant was thereby bound, to deliver the honors or give ane rationall accompt, of them, Whereupon whom Sir George and his wife were required they asserted that the honors were Carried abroad by the persewer, were Caried abroad and delivered to the king att Paris, which was indeed the Contrivance that the persewer, had, then advised, and the principall Cause of his goeing abroad, but Sir George not having att that tyme, gott the Earles declaration, from Paris, he and his wife were keept prisoners untill the Earle wrote home, from Paris ouneing that he had the honors, and delivered them as said is which proved the means of the said Sir George his liberation, but the Earle haveing this farr Concerned himselfe, for the preservation, of the honors he was Constrained, to remain abroad for fear of the English, untill the Earle of Midletoun Came over to Scotland, and then the persewer accompanied him in the expedition in which he mett with severall hardships being att first taken by the English and then Constrained to Joyn with Generall Midletoun and the rest in the hills untill they were all defeat, att which tyme the persewer for Seeing his danger, fell wpon a most happy Contrivance, both for the Security of his own person, and likewayes the Safety of the honors, for Generall Midletoun, being to leave Scotland, the persewer took a recept of the honors, under his hand as delivered to him att Paris by the kings order, So that when the persewer Cam, to be includit in the Marques of Montrose Capitulation Generall Munk and Collonel Cobbot were very Closs and Severe wpon him, but he produceing Midletouns recept and Standing to it with a firm Countenance and exact answers, he was includit in the Capitulation and thus the honors were also Secured untill the kings restoration in the year, Sixteen hunder and Sixty all which tyme the Countes of Marishall urytes to the king to know his pleasure about3 the honors, and had a very kynd return, of thanks for her good Service with orders to deliver the honors to the Earle Marishall, and the king being Informed of what had past as is above narrated, he not only made the Earle of Marishall Lord privie Seall but also gave to the persewer, the patent of Knight Marishall with ane honorable fie and both in that patent and in the persewers patent, as Earle of Kintore, his forsaid Service and preservation of the honors is very honorably narrated, and the Lord Lyon was appoynted to give the persewer, the Croun Scepter and Sword as ane addition to his Coat of armes, Notwithstanding whereof the forsaid Sir George Ogilvie not Content with the acknowledgement, that he might pretend to for the Small Service he had done, in the said matter, and which acknowlegement, was also bestowed wpon him, by his being made a knight barronet and receiveing Some other rewards and remarks of his Royall favor had yet the Confidence to Send wp his sone now the Said Sir William Ogilvie to London about the Same tyme, and arrogateing to himselfe the soll pressovation of the honors, and makeing his adress to his majestie by the Lord Ogilvie Thereafter Earle of Airly, the Countes Marishall was necessitat to Send to London a Gentleman express and also to give a true Information of the whole matter, to the Earle of Midletoun for repressing Sir George, his forsaid presumption and arrogancy, which4 was accordingly done, For the Earle of Midletoun, haveing represented the affair, to the king his majestie refuised to give any more ear to Sir George, his false Sugestions which putt ane end to that attempt if Sir George had keeped himselfe within bounds, neither the Countes marishall who had that Concern, for him as to recomend him to his majesties favor now any of the famely of marishall would have grudged him the Just reward of his faithfull and discreet Service But his arrogant Impudence to have the whole and good Service of haveing prescribed the honores, ascribed to himselfe, with some other practisses used att hom, for that effect, and thereby designing to Robb the Earles of Marishall and the persewer, of ther true merit and belye his majesties patent, was that which Justly offended, But tho Sir George was putt to Silence, and did for many years thereafter Content himselfe, with the reward he had gott, without pretending any further, yett the said Sir William his sone, and David Ogilvie his Grand Child, hath of late had the Confidence to Cause, print and publish a most foolish and Reproachfull, pamphlet whereby reflecting on the memory of the said Countes of Marishall, They also presume, openly to Cast all the reproach,5 and 6 disgrace they Can upon the persewer, as if he had falsly ascribed to himselfe a Concern and interest, in preserveing the said honors, and therby Surprized the king and gott from him planes and patents which he had no presence to, for in ther for in ther7 forsaid villainus pamphlet page tenth and eleventh they Say that the old Countes wrott to the King that her Sone Keith, (8now the persewer had preserved the honors, Though they Say, that the persewer was then abroad and knew nothing of the matter, and then adds that the king knoweing nothing of Sir George and his wifes Service, in respect they did not timely apply, did wpon the Said Countes her misrepresentation Creat her sone, first Knight marishall and then Earle of Kintoire and ordered him a pension, for his pretended preservation of the honors, and then this pamphlett gives ane accompt how the said Sir George practised the said minister Mr James Grainger, and gott the Scepter from him and Likewayes Surprized the Earle Marishall to give him ane recept of the haill honors as if these had been parts of his good Services whereas It is knowen, and Can be made appear by wryte, under Mr James Graingers hand, that both these attemps were fraudulent and purposely designed to prevent these fallse pretentions, which the Father Sir George did So Impudently Sett wp, and now the Sone and Grand Child, doeth no less insolently boast off and this does most falsely and basely reproach and defame the persewer, by offering to robb him of his Just merite and honor and Likewayes, to belye his majesties patents, in favors of the persewer, and throw the blackest Slander wpon the persewers name, honor and fame, all which being evidently made out by the said pamphlet whereof a printed Coppie is herewith produced, in the Clerks hands it is Clear, that the forsaid Sir William and David Ogilvies are guilty airt and parte of the most Injurious defamation and attrocious Slander which they ought not only to be made to retreat as a manifast villany, but Likewayes they ought to be farder punished in their persons and goods att the Sight of the Lords of 9 privie Councill to the example and terror of others, to Committ the like in tyme comeing as also the forsaid Ignominious pamphlet ought to be brunt, by the hand of the hangman, and all other reparation made to the said persewer, of his honor fame and good name, that Can be proper against Such ane Injurious and reprwachfull undertakeing and anent the Charge given to the haill forenamed defenders to have Compeared personally att ane Certain day bygone before the saids Lords of privie Councill to have answered to the poynts of the forsaid Complaint and to have heard and Seen such order and Course taken theranent as the saids Lords Should have thought fitt under the pain of Rebellion and putteing of them to the Horn with Certification as in the said principall lybell and executions thereof att more length is Containe which lybell being upon the twenty first of July10 day 11 Called in presence of the saids Lords, of her majesties privie Councill and the said Earle of Kintore persewer, Compeareing personally with Sir James Stewart her majesties advocat Sir David Dalrymple Mr Wiliam Carmichaell Mr Robert Forbes Mr Wiliam Black and Mr Patrick Leith, advocats his proces, and the said David Ogilvie one of the defenders Compeareing also personally att the barr with Sir David Thoirs, Sir David Cuningham and Mr Francis Grant, advocats his procurators who att the barr declaired and owned the pamphlett within lybelled, or to be Injurious Ignominious and villanous defameing the said Earle of Kintore, and that this defender, att the barr would disown the Same, and that he had no Concerne therein, and the said David Ogilvie as said is being present, att the barr, and he being enquired att, if he owned and adheared to what his Saids advocats, had declaired he answered that he did adhear to what his saids procurators had said in his name, who also produced and Certificat and declaration, wpon Soull and Conscience, Subscribed by Mr Alexander, Thomson docter of medicine, wherein he declaires that the other defender, Sir Wiliam Ogilvy is not able to travell to Edinburgh without endangering his life, In respect of his Indisposition, and weakness of body and the said lybell and the said lybell being read and both parties procurators fully heard att the barr, the saids Lords have admitted and hereby admitts the same, to probation and the witnesses Cited being Called, Compeared att the barr as marked in the Roll, did make faith the Councill nominats and appoynts the Earles of Marr Leivan and Hyndfoord, Viscount of Tarbat and Lord Forbes, and Lord provest of Edinburgh to be a Commity to examine, the witnesses, and recomends to the said Committie to meet to morrow att ten in the forenoon and declaires any two them a quorum, and reserves all objections against the saids witnesses to be discussed before the said Committie and grants letters of Second dilligence against the witnesses Cited and not Compeareing as they are marked in the roll, and assigns […] the […] day of […] nixt to Come for that effect, And the witnesses haveing Compeared deponed in the maner mentioned in ther oathes and depositiones and the saids Lords of privie Councill, haveing this day, advysed the proces att the instance of, the said John Earle of Kintore against the said Sir Wiliam Ogilvie of Barras and David Ogilvie younger thereof his sone, and the saids Lords haveing heard and Considered the depositions of the witnesses, aduced in the said matter, read in ther presence, and haveing also Considered the said lybell, and haill Steps of the proces, and the Informations for both parties in the said proces being fully read and the Saids Lords finds the said lybell Sufficiently proven, against the said David Ogilvie one of the defenders, and the saids Lords have fyned and ameriated and hereby Fynes and ameriats, the said David Ogilvie younger, of Barras one of the defenders in the Soume of twelve hundreth pounds Scots and have decerned and ordained and hereby decerns and ordains the said David Ogilvie defender to make payment of the said Soume, of twelve hundreth pounds money forsaid, to the said John Earle of Kintore persewer, for the expensses and damages he hes Sustained be her Sustained and ordains the said David Ogilvie defender to be Committed prisoner to Edinburgh, tolbooth, therein to remain, ay and while the said defender make payment of the said Soume, to the said persewer as said is or give Sufficient Security to the said John Earle of Kintore for the samen, and farder to remain therein dureing the Councills pleasure, and the saids Lords gives orders and warrand to maccers, of privie Councill, or messengers att armes, and ordains and requires all Sheriffs of Shyres and ther deputs and other magistrats and ministers of the law, to Search for take and apprehend, and Committ to prison, the person of the said David Ogilvie younger of Barras prisoner to any Tolbooth, within the kingdom, therein to remain ay and while he make payment or give Security and Satisfaction as above And dureing the Councills further pleasure thereanent and Ordains letters of Horning on fifteen dayes and others needfull to be direct heiron in form as effeirs.

Att Edinburgh the 30 July 1702

D1702/7/281

Decreet

Decreet the Earle of Kintore against Ogilvie of Barras

Anent the lybell or letters of Complaint raised and persued before the lords of her majesties 2 privie Councell att the instance of John Earle of Kintore knight marishall of her majesties ancient kingdom of Scotland with concurse of Sir James Stewart her majesties advocat for her highnes interest in the matter under wryten makeing mention that where evry mans honor, ought to be dear to him as his life and that ane Injurie by way of defamation in poynt thereof, Specially where his truth and honour, is Concerned in the most delicat and tender matters, is a most attrocous Injurie not only most sensible to the person injured but aimeing to expose him, in the view and Construction, of all men, and therefore by the law of this and all other weell Governed Realms, most Severely punishable, nevertheles It is of verity, that Sir Wiliam Ogilvie of Barras and David Ogilvie his Son, are guilty of the forsaid Cryme of defamation, and that in the most injurious and insolent manner, In So farr as Sir George Ogilvie Father to the said Sir Wiliam, haveing been bred and brought up, from a very low and obscure beginning, by the deceast Earle marishall and in his famely, and haveing about the Sixteen hunder and fifty one, been made Livt of the Garrison of Dunnottar, by the said Earle the keeper of the said Castle, by this means the honors of the said Kingdom viz the Croun Sceptor and Sword which by King Charles the Second when all that tyme goeing to England were Committed to the said Earle to be Secured in the said Castle of Dunnottar, fall to be in some maner under the Charge of the said Sir George according to the trust, the Earle had reposed in him, But the Earle haveing Lodged the honors in a Secreet place of the Castle, and thereafter Comeing in Sickelyke to be Surprized, with severall other noblemen att Elliot, and with them made prisoners, and Carried to London, he was necessitat to send his privat order, with the keyes, of that Secreet plane, where the honors were which he alwayes keept about him, to the Countes of Marishall, his mother, prayeing her to take Care, of the honors, itt being no more in his power, to look after them, wherewpon She intrusted them, to the Care and keeping of the said Sir George as Livetenant of the place as said is, who tho he received the said trust, yett in effect had proved very unluckie in it if the said Earle of Kintore, persewer then inn John Keith, had not (albeit very young by a happy forefight, prevented the great hazard in as much as when the Commity of Stats, had about that tyme, ordered the Lord Ballcarras to receive the honours out of the Castle, Dunnottor, and the said Sir George, was very much offended to deny the Committies order, yet the said persewer apprehending the danger, refused to give them out to the said Earle of Ballcarras, Which did very visibly in the event prevent ther falling into the hand of the English whom within a litle thereafter the Englishes became Masters of all Scotland the honors haveing thus Escaped this hazard were still keept in the Castle but the english marching northward, toward Dunnottar the forsaid Countes ordered the honours to be Convoyed privatly out of the way which was done a few dayes therafter, by the very faith full assisstance, of one Mr James Grainger, minister att Kinneff who by his wife and his maid Caused bring the honors in a bundle, of flax to his own house, and then Lodged them in the kirk with a very exact Caution, and gave the Countes of Marishall, a recept bearing particularly the place of the Kirk, where they were hid and which indeed was the Security of the honors throw the good Conduct of the Countes and the good Service of the said minister and his wife, dureing the whole tyme of the English usurpation, for the english therafter, haveing beseidged Dunnottar It was Surrendered by Sir George the Livetenant wpon a very mean Capitulation and the Livetenant was thereby bound, to deliver the honors or give ane rationall accompt, of them, Whereupon whom Sir George and his wife were required they asserted that the honors were Carried abroad by the persewer, were Caried abroad and delivered to the king att Paris, which was indeed the Contrivance that the persewer, had, then advised, and the principall Cause of his goeing abroad, but Sir George not having att that tyme, gott the Earles declaration, from Paris, he and his wife were keept prisoners untill the Earle wrote home, from Paris ouneing that he had the honors, and delivered them as said is which proved the means of the said Sir George his liberation, but the Earle haveing this farr Concerned himselfe, for the preservation, of the honors he was Constrained, to remain abroad for fear of the English, untill the Earle of Midletoun Came over to Scotland, and then the persewer accompanied him in the expedition in which he mett with severall hardships being att first taken by the English and then Constrained to Joyn with Generall Midletoun and the rest in the hills untill they were all defeat, att which tyme the persewer for Seeing his danger, fell wpon a most happy Contrivance, both for the Security of his own person, and likewayes the Safety of the honors, for Generall Midletoun, being to leave Scotland, the persewer took a recept of the honors, under his hand as delivered to him att Paris by the kings order, So that when the persewer Cam, to be includit in the Marques of Montrose Capitulation Generall Munk and Collonel Cobbot were very Closs and Severe wpon him, but he produceing Midletouns recept and Standing to it with a firm Countenance and exact answers, he was includit in the Capitulation and thus the honors were also Secured untill the kings restoration in the year, Sixteen hunder and Sixty all which tyme the Countes of Marishall urytes to the king to know his pleasure about3 the honors, and had a very kynd return, of thanks for her good Service with orders to deliver the honors to the Earle Marishall, and the king being Informed of what had past as is above narrated, he not only made the Earle of Marishall Lord privie Seall but also gave to the persewer, the patent of Knight Marishall with ane honorable fie and both in that patent and in the persewers patent, as Earle of Kintore, his forsaid Service and preservation of the honors is very honorably narrated, and the Lord Lyon was appoynted to give the persewer, the Croun Scepter and Sword as ane addition to his Coat of armes, Notwithstanding whereof the forsaid Sir George Ogilvie not Content with the acknowledgement, that he might pretend to for the Small Service he had done, in the said matter, and which acknowlegement, was also bestowed wpon him, by his being made a knight barronet and receiveing Some other rewards and remarks of his Royall favor had yet the Confidence to Send wp his sone now the Said Sir William Ogilvie to London about the Same tyme, and arrogateing to himselfe the soll pressovation of the honors, and makeing his adress to his majestie by the Lord Ogilvie Thereafter Earle of Airly, the Countes Marishall was necessitat to Send to London a Gentleman express and also to give a true Information of the whole matter, to the Earle of Midletoun for repressing Sir George, his forsaid presumption and arrogancy, which4 was accordingly done, For the Earle of Midletoun, haveing represented the affair, to the king his majestie refuised to give any more ear to Sir George, his false Sugestions which putt ane end to that attempt if Sir George had keeped himselfe within bounds, neither the Countes marishall who had that Concern, for him as to recomend him to his majesties favor now any of the famely of marishall would have grudged him the Just reward of his faithfull and discreet Service But his arrogant Impudence to have the whole and good Service of haveing prescribed the honores, ascribed to himselfe, with some other practisses used att hom, for that effect, and thereby designing to Robb the Earles of Marishall and the persewer, of ther true merit and belye his majesties patent, was that which Justly offended, But tho Sir George was putt to Silence, and did for many years thereafter Content himselfe, with the reward he had gott, without pretending any further, yett the said Sir William his sone, and David Ogilvie his Grand Child, hath of late had the Confidence to Cause, print and publish a most foolish and Reproachfull, pamphlet whereby reflecting on the memory of the said Countes of Marishall, They also presume, openly to Cast all the reproach,5 and 6 disgrace they Can upon the persewer, as if he had falsly ascribed to himselfe a Concern and interest, in preserveing the said honors, and therby Surprized the king and gott from him planes and patents which he had no presence to, for in ther for in ther7 forsaid villainus pamphlet page tenth and eleventh they Say that the old Countes wrott to the King that her Sone Keith, (8now the persewer had preserved the honors, Though they Say, that the persewer was then abroad and knew nothing of the matter, and then adds that the king knoweing nothing of Sir George and his wifes Service, in respect they did not timely apply, did wpon the Said Countes her misrepresentation Creat her sone, first Knight marishall and then Earle of Kintoire and ordered him a pension, for his pretended preservation of the honors, and then this pamphlett gives ane accompt how the said Sir George practised the said minister Mr James Grainger, and gott the Scepter from him and Likewayes Surprized the Earle Marishall to give him ane recept of the haill honors as if these had been parts of his good Services whereas It is knowen, and Can be made appear by wryte, under Mr James Graingers hand, that both these attemps were fraudulent and purposely designed to prevent these fallse pretentions, which the Father Sir George did So Impudently Sett wp, and now the Sone and Grand Child, doeth no less insolently boast off and this does most falsely and basely reproach and defame the persewer, by offering to robb him of his Just merite and honor and Likewayes, to belye his majesties patents, in favors of the persewer, and throw the blackest Slander wpon the persewers name, honor and fame, all which being evidently made out by the said pamphlet whereof a printed Coppie is herewith produced, in the Clerks hands it is Clear, that the forsaid Sir William and David Ogilvies are guilty airt and parte of the most Injurious defamation and attrocious Slander which they ought not only to be made to retreat as a manifast villany, but Likewayes they ought to be farder punished in their persons and goods att the Sight of the Lords of 9 privie Councill to the example and terror of others, to Committ the like in tyme comeing as also the forsaid Ignominious pamphlet ought to be brunt, by the hand of the hangman, and all other reparation made to the said persewer, of his honor fame and good name, that Can be proper against Such ane Injurious and reprwachfull undertakeing and anent the Charge given to the haill forenamed defenders to have Compeared personally att ane Certain day bygone before the saids Lords of privie Councill to have answered to the poynts of the forsaid Complaint and to have heard and Seen such order and Course taken theranent as the saids Lords Should have thought fitt under the pain of Rebellion and putteing of them to the Horn with Certification as in the said principall lybell and executions thereof att more length is Containe which lybell being upon the twenty first of July10 day 11 Called in presence of the saids Lords, of her majesties privie Councill and the said Earle of Kintore persewer, Compeareing personally with Sir James Stewart her majesties advocat Sir David Dalrymple Mr Wiliam Carmichaell Mr Robert Forbes Mr Wiliam Black and Mr Patrick Leith, advocats his proces, and the said David Ogilvie one of the defenders Compeareing also personally att the barr with Sir David Thoirs, Sir David Cuningham and Mr Francis Grant, advocats his procurators who att the barr declaired and owned the pamphlett within lybelled, or to be Injurious Ignominious and villanous defameing the said Earle of Kintore, and that this defender, att the barr would disown the Same, and that he had no Concerne therein, and the said David Ogilvie as said is being present, att the barr, and he being enquired att, if he owned and adheared to what his Saids advocats, had declaired he answered that he did adhear to what his saids procurators had said in his name, who also produced and Certificat and declaration, wpon Soull and Conscience, Subscribed by Mr Alexander, Thomson docter of medicine, wherein he declaires that the other defender, Sir Wiliam Ogilvy is not able to travell to Edinburgh without endangering his life, In respect of his Indisposition, and weakness of body and the said lybell and the said lybell being read and both parties procurators fully heard att the barr, the saids Lords have admitted and hereby admitts the same, to probation and the witnesses Cited being Called, Compeared att the barr as marked in the Roll, did make faith the Councill nominats and appoynts the Earles of Marr Leivan and Hyndfoord, Viscount of Tarbat and Lord Forbes, and Lord provest of Edinburgh to be a Commity to examine, the witnesses, and recomends to the said Committie to meet to morrow att ten in the forenoon and declaires any two them a quorum, and reserves all objections against the saids witnesses to be discussed before the said Committie and grants letters of Second dilligence against the witnesses Cited and not Compeareing as they are marked in the roll, and assigns […] the […] day of […] nixt to Come for that effect, And the witnesses haveing Compeared deponed in the maner mentioned in ther oathes and depositiones and the saids Lords of privie Councill, haveing this day, advysed the proces att the instance of, the said John Earle of Kintore against the said Sir Wiliam Ogilvie of Barras and David Ogilvie younger thereof his sone, and the saids Lords haveing heard and Considered the depositions of the witnesses, aduced in the said matter, read in ther presence, and haveing also Considered the said lybell, and haill Steps of the proces, and the Informations for both parties in the said proces being fully read and the Saids Lords finds the said lybell Sufficiently proven, against the said David Ogilvie one of the defenders, and the saids Lords have fyned and ameriated and hereby Fynes and ameriats, the said David Ogilvie younger, of Barras one of the defenders in the Soume of twelve hundreth pounds Scots and have decerned and ordained and hereby decerns and ordains the said David Ogilvie defender to make payment of the said Soume, of twelve hundreth pounds money forsaid, to the said John Earle of Kintore persewer, for the expensses and damages he hes Sustained be her Sustained and ordains the said David Ogilvie defender to be Committed prisoner to Edinburgh, tolbooth, therein to remain, ay and while the said defender make payment of the said Soume, to the said persewer as said is or give Sufficient Security to the said John Earle of Kintore for the samen, and farder to remain therein dureing the Councills pleasure, and the saids Lords gives orders and warrand to maccers, of privie Councill, or messengers att armes, and ordains and requires all Sheriffs of Shyres and ther deputs and other magistrats and ministers of the law, to Search for take and apprehend, and Committ to prison, the person of the said David Ogilvie younger of Barras prisoner to any Tolbooth, within the kingdom, therein to remain ay and while he make payment or give Security and Satisfaction as above And dureing the Councills further pleasure thereanent and Ordains letters of Horning on fifteen dayes and others needfull to be direct heiron in form as effeirs.

1. NRS, PC2/28, 195r-199r.

2. The words ‘advocat, for her highnes interest, in the matter under written’ scored out here.

3. The letter ‘o’ is an insertion.

4. One illegible word scored out here.

5. The letters ‘re’ are an insertion.

6. One illegible word scored out here.

7. Sic.

8. Closing bracket missing.

9. One illegible word scored out here.

10. The words ‘twenty first of July’ are an insertion.

11. The words ‘and date of thir presents’ scored out here.

1. NRS, PC2/28, 195r-199r.

2. The words ‘advocat, for her highnes interest, in the matter under written’ scored out here.

3. The letter ‘o’ is an insertion.

4. One illegible word scored out here.

5. The letters ‘re’ are an insertion.

6. One illegible word scored out here.

7. Sic.

8. Closing bracket missing.

9. One illegible word scored out here.

10. The words ‘twenty first of July’ are an insertion.

11. The words ‘and date of thir presents’ scored out here.

Sederunt, 30 July 1702, Edinburgh

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Att Edinburgh the 30 July 17021

D1702/7/272

Sederunt

Lord Chancellor; Earl of Crawfoord; Earl of Marr; Earl of Lauderdale; Earl of Loudoun; Earl of Leivan; Earl of Northesque; Earl of Kintore; Viscount Tarbat; Viscount Roseberry; Lord Strathnaver; Lord Forbes; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomery; Laird of Stevenson; Lord Provost of Edinburgh; Laird of Meggins

Att Edinburgh the 30 July 17021

D1702/7/272

Sederunt

Lord Chancellor; Earl of Crawfoord; Earl of Marr; Earl of Lauderdale; Earl of Loudoun; Earl of Leivan; Earl of Northesque; Earl of Kintore; Viscount Tarbat; Viscount Roseberry; Lord Strathnaver; Lord Forbes; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomery; Laird of Stevenson; Lord Provost of Edinburgh; Laird of Meggins

1. NRS, PC2/28, 195r.

2. NRS, PC2/28, 195r.

1. NRS, PC2/28, 195r.

2. NRS, PC2/28, 195r.

Judicial Proceeding, 28 July 1702, Edinburgh

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Att Edinburgh 28 July 1702

D1702/7/261

Judicial Proceeding

Protestation Grant against Cuming for not produceing the suspension

The which day In presence of the Lords of her majesties privie Councill Compeared Mr Francis Grant advocat as procurator for John Grant of Logreardrie, Charger and produced ane Coppie of letters, of Suspension, of the date the […] day of […] Jaj vjc […] years, purchased and raised, att the Instance of George Cumming of Earnsyde, George Ewing and James Gray tenants in Garbitty, whereby the said John Grant younger, wes Summoned to have Compeared before the saids Lords bringing and produceing with him, before the saids Lords ane pretended decreet alleged obtained att his instance against the said George Cumming George Ewing and James Gray, before the Commissioners of Justiciary holden within the Tolbooth of Forres, the tuelth day of december, sixteen hunder and nynty nyne years, mercrateing and decerning them, to make payment to the said John Grant of the soume of six hundred and fifty merks scots money as also of the soume of three hundreth pounds money forsaid, Togather with the letters and Charges raised thereon, executions and Indorscrations Charges raised thereon, to be seen and Considered by the saids Lords of privie Councill and to have heard and seen the samen haill effect and execution thereof Simpliciter Suspended wpon the said suspender in all tyme comeing, for the reasons and Causes Contained in the said principall letters of suspension, and to have insisted in the Discusseing thereof 2 as the said Coppie thereof of the date forsaid more fully bears, and shew that the day of Compearance Contained Contained3 in the said Coppie was now of a long tyme bygone and that the said suspender; nor noe other in his name, Compeared to have produced the principall letters, of suspension, and to have in sisted in the discusseing thereof, he being ready for his Cleint to Satisfie the desyre Craved thereby and to have defended thereuntill, the finall end and decision thereof as effeirs, and Therefore, protested that his said Cleint might not be holden, to ansuer to the said principall letters of suspension untill he were sumond of new again, and his expenses payed, and als protested that the letters, and Charges already raised used and execute, att the Chargers instance wpon the forsaid decreet against the said suspender might take effect and be putt to farder execution Conform to the tenor thereof in all poynts which protestation the saids Lords of her Majesties privie Councill. have admitted and hereby admitts superceeding extract until the […] day of […] nixt and in the mean tyme ordained the samen to be Intimat before extract, Conform whereunto the said John Grant Charger Caused Intimat the saime to said […] Cumming of Iron Syde, suspender wpon the sixth day of May seventeen hunder and four years, and the Lords of her majesties privie Councill haveing Considered that by Interloquitor, of the date hereof the Councill had admitted protestation att the instance of John Grant of Logieandrie against George Cumming of Earnsyde George Ewan and James Gray, tenants to Garbitty for not produceing Suspension att ther instance against the said John Grant and that the saids Lords, had appoynted the same to be Intimat before extract, and that they being that day produced and read in ther presence ane Intimation thereof, to the said John Cummine, under the hand of David Ross nottar publick, The saids Lords doe hereby appoynt, the protestation formerly admitted and granted to be extracted in Common form, and als the saids Lords decerns and ordains, the said suspender to make payment to the said Charger, of the soume of fifteen pounds scots of expenses sustained by him in obtaineing and extracting of this present protestation and ordains letters on six dayes for recovery, of the saids expenses, and all others needfull as effeirs

Att Edinburgh 28 July 1702

D1702/7/261

Judicial Proceeding

Protestation Grant against Cuming for not produceing the suspension

The which day In presence of the Lords of her majesties privie Councill Compeared Mr Francis Grant advocat as procurator for John Grant of Logreardrie, Charger and produced ane Coppie of letters, of Suspension, of the date the […] day of […] Jaj vjc […] years, purchased and raised, att the Instance of George Cumming of Earnsyde, George Ewing and James Gray tenants in Garbitty, whereby the said John Grant younger, wes Summoned to have Compeared before the saids Lords bringing and produceing with him, before the saids Lords ane pretended decreet alleged obtained att his instance against the said George Cumming George Ewing and James Gray, before the Commissioners of Justiciary holden within the Tolbooth of Forres, the tuelth day of december, sixteen hunder and nynty nyne years, mercrateing and decerning them, to make payment to the said John Grant of the soume of six hundred and fifty merks scots money as also of the soume of three hundreth pounds money forsaid, Togather with the letters and Charges raised thereon, executions and Indorscrations Charges raised thereon, to be seen and Considered by the saids Lords of privie Councill and to have heard and seen the samen haill effect and execution thereof Simpliciter Suspended wpon the said suspender in all tyme comeing, for the reasons and Causes Contained in the said principall letters of suspension, and to have insisted in the Discusseing thereof 2 as the said Coppie thereof of the date forsaid more fully bears, and shew that the day of Compearance Contained Contained3 in the said Coppie was now of a long tyme bygone and that the said suspender; nor noe other in his name, Compeared to have produced the principall letters, of suspension, and to have in sisted in the discusseing thereof, he being ready for his Cleint to Satisfie the desyre Craved thereby and to have defended thereuntill, the finall end and decision thereof as effeirs, and Therefore, protested that his said Cleint might not be holden, to ansuer to the said principall letters of suspension untill he were sumond of new again, and his expenses payed, and als protested that the letters, and Charges already raised used and execute, att the Chargers instance wpon the forsaid decreet against the said suspender might take effect and be putt to farder execution Conform to the tenor thereof in all poynts which protestation the saids Lords of her Majesties privie Councill. have admitted and hereby admitts superceeding extract until the […] day of […] nixt and in the mean tyme ordained the samen to be Intimat before extract, Conform whereunto the said John Grant Charger Caused Intimat the saime to said […] Cumming of Iron Syde, suspender wpon the sixth day of May seventeen hunder and four years, and the Lords of her majesties privie Councill haveing Considered that by Interloquitor, of the date hereof the Councill had admitted protestation att the instance of John Grant of Logieandrie against George Cumming of Earnsyde George Ewan and James Gray, tenants to Garbitty for not produceing Suspension att ther instance against the said John Grant and that the saids Lords, had appoynted the same to be Intimat before extract, and that they being that day produced and read in ther presence ane Intimation thereof, to the said John Cummine, under the hand of David Ross nottar publick, The saids Lords doe hereby appoynt, the protestation formerly admitted and granted to be extracted in Common form, and als the saids Lords decerns and ordains, the said suspender to make payment to the said Charger, of the soume of fifteen pounds scots of expenses sustained by him in obtaineing and extracting of this present protestation and ordains letters on six dayes for recovery, of the saids expenses, and all others needfull as effeirs

1. NRS, PC2/28, 193v-194v.

2. The words ‘and to have insisted in the Discusseing thereof’ scored out here.

3. Sic.

1. NRS, PC2/28, 193v-194v.

2. The words ‘and to have insisted in the Discusseing thereof’ scored out here.

3. Sic.

Act, 28 July 1702, Edinburgh

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Att Edinburgh 28 July 1702

D1702/7/251

Act

Act for ane generall Contribution to the Distresed Inhabitants of Leith who suffered by the Late deadfull fyre

Anent the petition given in and presented to the Lords of her majesties privie Councill by the distressed Inhabitants in Leith who suffered, who suffered2 by the bloweing wp of powder ther, Showeing that on the third instant, it pleased the Just and Holy God to visite this toun for ther hynous sins against him, with a very terrible and sudden strock, which was occasioned by the firreing of threty three barrells of powder, which dreedfull and terable blast as at was heard even att many myles distance, with great terror and amazment So It hath Caused great Ruine and desolation in this place, haveing Smitten, Seven or eight persones att least, with sudden death and turned the houses nixt adjacent, to ruinous heaps and tired of the roof, beaten out the windows, and broken doun the timbir partitions of a great many houses and houses and3 biggings, even to a great distance, whence few houses, in the toun, did Escape without Some damnage, and all this in a moment, of tyme, So that the marcifull Conduct of Divine providence, hath been very admirable, in the preservation, of hundreds of people whose lives were exposed to manifold suden dangers, seing they had not So, much previus warning as to shift a foot, for ther own preservation much loss, to remove, the petitioners of ther plinishing and seeing the desolations, made in the said toun by the forsaid terreable stroake, are So Considerabley great; That part of the toun, where It was inflicted4 being partly totally destroyed, and partly damnified to the value of thirty six thousand nyn hundred and thirty six pouynds, Scots money by and attour severall other damnages, done in severall back Closes and other parts of the said toun, and by and attour the household plinishing and merchand goods destroyed in the saids houses and victuall destroyed and damnified in Lofts and the loss occasioned by the houses lyeing weast, all which is declaired wpon solemn oath by severall tradesmen and others Imployed by the magistrats to visite the said Ruinous and damnified parte of the toun; as a declaration under ther hands, and herewith produced, doeth more fully bear, and seing the owners of the saids houses, are for the most parte unable to repair them, So that a great parte of the principall Sea port of the nation, will be desolat and Ruinous if Considerable releife be not provyded, wherein ther is not only a Concern, of Charity, but Likewayes other tradeing places are Interested therein, and that in such Cases, both the generall Compassion and Charity of the kingdom with ther Lordships Concurrance, and authority, uses to be assistance for the use of the afflicted and Therefore Craveing to the effect after mentioned as the said petition bears The saids Lords of her majesties privie Councell haveing Considered this petition given in to them by the within distressed Inhabitants in Leith, who Suffered by the bloweing wp of powder, there they hereby ordain and authorize a Charitable generall Collection to be made through all the parochs of the kingdom, and that either all kirk doors or by the elders, and deacons goeing from house to house as It shall please the presbetires and persones, therewith intrusted and appoynted the said Collection to be made betwixt and the first day of october, one this syde of the Tay, and the first day of november nixt to Come on the other syde of Tay and in evry paroch of the respective bounds wpon Intimation made from the pulpet the Lords day preceeding, and the saids Lords ordains the forsaid Collection to be payed, in to Alexander Mathieson present kirk thesaurer in the paroch of South Leith of any haveing his Commission,5 In respect he hes6 Sufficient Caution acted in the books of her majesties privie Councill to make the money So Collected furthcomeing to the saids distressed Inhabitants, att the Sight of the magistrats of the toun of Leith and the minister and four members of the Kirk session, of the said paroch and the four masters of the Incorporationes of the said toun7 mentioned in the said Alexanders bond granted for that effect

Att Edinburgh 28 July 1702

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Act

Act for ane generall Contribution to the Distresed Inhabitants of Leith who suffered by the Late deadfull fyre

Anent the petition given in and presented to the Lords of her majesties privie Councill by the distressed Inhabitants in Leith who suffered, who suffered2 by the bloweing wp of powder ther, Showeing that on the third instant, it pleased the Just and Holy God to visite this toun for ther hynous sins against him, with a very terrible and sudden strock, which was occasioned by the firreing of threty three barrells of powder, which dreedfull and terable blast as at was heard even att many myles distance, with great terror and amazment So It hath Caused great Ruine and desolation in this place, haveing Smitten, Seven or eight persones att least, with sudden death and turned the houses nixt adjacent, to ruinous heaps and tired of the roof, beaten out the windows, and broken doun the timbir partitions of a great many houses and houses and3 biggings, even to a great distance, whence few houses, in the toun, did Escape without Some damnage, and all this in a moment, of tyme, So that the marcifull Conduct of Divine providence, hath been very admirable, in the preservation, of hundreds of people whose lives were exposed to manifold suden dangers, seing they had not So, much previus warning as to shift a foot, for ther own preservation much loss, to remove, the petitioners of ther plinishing and seeing the desolations, made in the said toun by the forsaid terreable stroake, are So Considerabley great; That part of the toun, where It was inflicted4, being partly totally destroyed, and partly damnified to the value of thirty six thousand nyn hundred and thirty six pouynds, Scots money by and attour severall other damnages, done in severall back Closes and other parts of the said toun, and by and attour the household plinishing and merchand goods destroyed in the saids houses and victuall destroyed and damnified in Lofts and the loss occasioned by the houses lyeing weast, all which is declaired wpon solemn oath by severall tradesmen and others Imployed by the magistrats to visite the said Ruinous and damnified parte of the toun; as a declaration under ther hands, and herewith produced, doeth more fully bear, and seing the owners of the saids houses, are for the most parte unable to repair them, So that a great parte of the principall Sea port of the nation, will be desolat and Ruinous if Considerable releife be not provyded, wherein ther is not only a Concern, of Charity, but Likewayes other tradeing places are Interested therein, and that in such Cases, both the generall Compassion and Charity of the kingdom with ther Lordships Concurrance, and authority, uses to be assistance for the use of the afflicted and Therefore Craveing to the effect after mentioned as the said petition bears The saids Lords of her majesties privie Councell haveing Considered this petition given in to them by the within distressed Inhabitants in Leith, who Suffered by the bloweing wp of powder, there they hereby ordain and authorize a Charitable generall Collection to be made through all the parochs of the kingdom, and that either all kirk doors or by the elders, and deacons goeing from house to house as It shall please the presbetires and persones, therewith intrusted and appoynted the said Collection to be made betwixt and the first day of october, one this syde of the Tay, and the first day of november nixt to Come on the other syde of Tay and in evry paroch of the respective bounds wpon Intimation made from the pulpet the Lords day preceeding, and the saids Lords ordains the forsaid Collection to be payed, in to Alexander Mathieson present kirk thesaurer in the paroch of South Leith of any haveing his Commission,5 In respect he hes6 Sufficient Caution acted in the books of her majesties privie Councill to make the money So Collected furthcomeing to the saids distressed Inhabitants, att the Sight of the magistrats of the toun of Leith and the minister and four members of the Kirk session, of the said paroch and the four masters of the Incorporationes of the said toun7 mentioned in the said Alexanders bond granted for that effect

1. NRS, PC2/28, 192v-193v.

2. Sic.

3. Sic.

4. The words ‘are so Considerably great That part of the toun’ scored out here.

5. The words ‘likewayes first finding’ scored out here.

6. The words ‘In respect he hes’ are an insertion.

7. The words ‘to be’ scored out here.

1. NRS, PC2/28, 192v-193v.

2. Sic.

3. Sic.

4. The words ‘are so Considerably great That part of the toun’ scored out here.

5. The words ‘likewayes first finding’ scored out here.

6. The words ‘In respect he hes’ are an insertion.

7. The words ‘to be’ scored out here.

Act, 28 July 1702, Edinburgh

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Att Edinburgh 28 July 1702

D1702/7/241

Act

Act in favours of Mary Harbotle for ane vacant Stipend

Anent the petition given in and presented to the Lords of her majesties privie Councill by Mary Harbotle, relict of the deceast Mr John Ovens late minister att Hownam, Showeing That where the petitioners husband haveing in the tyme of the last presbyterean Government been minister att Hawfoord, in Northumberland, and thereafter in the Sixty first was put from his benefeice, by the Bishops for not Complyeing and although restored after the revolution, yett being ane old man did enjoy the benefeice but a short while, So that att the tyme of his decease the petitioner was leaft in a poor desolat Condition not haveing wherewith to mantain herselfe, and Childeren except the Charity of weell disposed and goodly people and Seing that the said kirk of Hawnam hes been vacant for the yeares seventeen hunder seventeen hunder and one and seven hunder and two and that Sir Patrick Scot of Ancrum patron, of the said Kirk, is by his Consent herewith produced satisfied that the petitioner have ane years Stipend of the said vacant kirk, and Considering that the Samen Cannot be effectually done without ther Lordships authority and therefore Craveing to the effect after mentioned as the said petition bears The saids Lords of her majesties privie Councill haveing Considered this petition given in to them, by the within Mary Harebatle relict of Mr John Ownes, late minister at Hownam, with the Consent therin mentioned and produced, they hereby grant unto the petitioner, a gift of ane full yeares Stipend to be payed to her, out of the first end of the vaccant stipends of the said kirk of Hawnam, for the yeares, Seventeen hunder Seventeen hunder and one yet resting unpayed and decerns and ordains the said petitioner to be readely ansuered obeyed and payed of the said full years Stipend by the heretors, fewers and wodsetters liferenters fermerers titulers, tacksmen of teynds, tenants possessors, and others lyable in payment of the said vaccant Stipend, and ordains letters of Horning under the Signet of Counsell, wpon fifteen dayes and others needfull, to be direct att the said petitioners instance against the saids heretors and others, forsaids lyable in payment of, the saids vaccant Stipends wpon production of a decreet of Locality, and in caise ther be non ordains the heretors and others, lyable in payment of the same to make payment of ther respective proportions thereof according as they shall be decerned by the Judge Ordinary for that effect

Att Edinburgh 28 July 1702

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Act

Act in favours of Mary Harbotle for ane vacant Stipend

Anent the petition given in and presented to the Lords of her majesties privie Councill by Mary Harbotle, relict of the deceast Mr John Ovens late minister att Hownam, Showeing That where the petitioners husband haveing in the tyme of the last presbyterean Government been minister att Hawfoord, in Northumberland, and thereafter in the Sixty first was put from his benefeice, by the Bishops for not Complyeing and although restored after the revolution, yett being ane old man did enjoy the benefeice but a short while, So that att the tyme of his decease the petitioner was leaft in a poor desolat Condition not haveing wherewith to mantain herselfe, and Childeren except the Charity of weell disposed and goodly people and Seing that the said kirk of Hawnam hes been vacant for the yeares seventeen hunder seventeen hunder and one and seven hunder and two and that Sir Patrick Scot of Ancrum patron, of the said Kirk, is by his Consent herewith produced satisfied that the petitioner have ane years Stipend of the said vacant kirk, and Considering that the Samen Cannot be effectually done without ther Lordships authority and therefore Craveing to the effect after mentioned as the said petition bears The saids Lords of her majesties privie Councill haveing Considered this petition given in to them, by the within Mary Harebatle relict of Mr John Ownes, late minister at Hownam, with the Consent therin mentioned and produced, they hereby grant unto the petitioner, a gift of ane full yeares Stipend to be payed to her, out of the first end of the vaccant stipends of the said kirk of Hawnam, for the yeares, Seventeen hunder Seventeen hunder and one yet resting unpayed and decerns and ordains the said petitioner to be readely ansuered obeyed and payed of the said full years Stipend by the heretors, fewers and wodsetters liferenters fermerers titulers, tacksmen of teynds, tenants possessors, and others lyable in payment of the said vaccant Stipend, and ordains letters of Horning under the Signet of Counsell, wpon fifteen dayes and others needfull, to be direct att the said petitioners instance against the saids heretors and others, forsaids lyable in payment of, the saids vaccant Stipends wpon production of a decreet of Locality, and in caise ther be non ordains the heretors and others, lyable in payment of the same to make payment of ther respective proportions thereof according as they shall be decerned by the Judge Ordinary for that effect

1. NRS, PC2/28, 191v-192v.

1. NRS, PC2/28, 191v-192v.

Act, 28 July 1702, Edinburgh

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Att Edinburgh 28 July 1702

D1702/7/231

Act

Act In favours of Sinclair and other witneses

Anent the petition given in and presented to the Lords of her majesties privie Councill by John Sinclair Andrew Sinclair Wiliam Linkletter Donald Brekener, Swan Warrs, and Patrick Kennedy tenants in Stronia Showeing that where wpon a Citation given them, att the instance of Sir Alexander Mckenzie to bear witnes in the Complaint att his instance, against Sinclair of Rattar, the petitioners Came from ther own houses in Stronia which is ane Island lyand betwixt Caithnes and Orkney, wpon the fifteenth day of may last, bypast, and sisted themselves here, the first thursday of June, being the day of Compeirance but were not examined till Fryday last which hes putt them to great Charges, and expenses and Therefore Craveing to the effect after mentioned as the said petition beares, The Lords of her majesties privie Councill haveing Considered this petition Given in to them by John Sinclair Andrew Sinclair Wiliam Linkletter, Donald Brekner, Swan Waes and Patrick Kennedy tenants in Stronia, and the Samen being fully read in ther presence, the saids Lords Decern and Ordain Sir Alexander Mckenzie of Broomhill to pay to the above petitioners eight shilling scots per diem from the fifteenth day of may last bypast, to the fifteenth day of agust nixt to Come, for ther expenses in bringing them over as witneses, in the proces att his instance against Rattor

Att Edinburgh 28 July 1702

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Act

Act In favours of Sinclair and other witneses

Anent the petition given in and presented to the Lords of her majesties privie Councill by John Sinclair Andrew Sinclair Wiliam Linkletter Donald Brekener, Swan Warrs, and Patrick Kennedy tenants in Stronia Showeing that where wpon a Citation given them, att the instance of Sir Alexander Mckenzie to bear witnes in the Complaint att his instance, against Sinclair of Rattar, the petitioners Came from ther own houses in Stronia which is ane Island lyand betwixt Caithnes and Orkney, wpon the fifteenth day of may last, bypast, and sisted themselves here, the first thursday of June, being the day of Compeirance but were not examined till Fryday last which hes putt them to great Charges, and expenses and Therefore Craveing to the effect after mentioned as the said petition beares, The Lords of her majesties privie Councill haveing Considered this petition Given in to them by John Sinclair Andrew Sinclair Wiliam Linkletter, Donald Brekner, Swan Waes and Patrick Kennedy tenants in Stronia, and the Samen being fully read in ther presence, the saids Lords Decern and Ordain Sir Alexander Mckenzie of Broomhill to pay to the above petitioners eight shilling scots per diem from the fifteenth day of may last bypast, to the fifteenth day of agust nixt to Come, for ther expenses in bringing them over as witneses, in the proces att his instance against Rattor

1. NRS, PC2/28, 191r-191v.

1. NRS, PC2/28, 191r-191v.

Decreet, 28 July 1702, Edinburgh

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Att Edinburgh 28 July 1702

D1702/7/221

Decreet

Decreet for Alexander McKeinzie against Sinclair of Ratta

Anent the lybell or letters of Complaint raised and persued before the Lords of her majesties privie Counsell, att the instance of Sir Alexander Mckeinzie of Broomhill, with Concurse of Sir James Stewart her majesties advocat, for her highnes interest in the matter under written, mentioneing that where by the lawes of this and all other weell Governed Realms, the invadeing and usurpeing of mens rights and possessions by way of violence, and with ane unlaufull Convocation in armes, Specially when the same is by open and desperate bangastrie attended with beateing and wounding to the effusion of blood and with many, other violences and outrages, are Crymes of a high nature, Contrary to the publick peace and Quiet, and most Injurious to privat persones, and rights nevertheless It is of verity That John Sinclair of Rattar Wiliam Sinclair his Sone and Wiliam Sinclair Wiliam Gun John Dundas John Smith Hugh Jack, Alexander Smith and Donalld Dirren, his accomplices are guilty of the saids Crymes in maner after mentioned vis In so farr as John Kennedy younger of Stroma, being debitor to the said Sir Alexander in Certain soumes of money, He was thereon Inhibite, notwithstanding whereof, the said John Disponed the wper toun and lands of Stroma to the said Sinclair of Rattar, But the said persuer haveing Reduced this […] leads ane adjucation and obtains decreet for mailes and Duties by vertue whereof the persuar and Murdoch Kennedy his factor entered and have been in peaceable possession of the saids lands, by Setteing of tacks, by lifteing mailes and duties and doeing other deeds without any Interuption till of late, that the said Sinclair of Rattar haveing been for diverse yeares prisoner in the Tolbooth of Taynes, for debt, brock the prison and fled into Kaithnes where haveing gathered some men, particularly John Smith Gardener in Rattar, Hugh Jack his officer, and others, all armed with Gunns, Pistolls and Swords, and other weapons, They manned a boat on Caithnes Syde the beginneing of february last and saileing to the Island of Stroma, They one the seventh of the said moneth entered into the Island where layeing hold on Donald and James Breknars John Kennedy and Wiliam Rossie, four tenants in the overtoun of Stronia, they forced them to goe to Caithnes, by boat for Wiliam Sinclair Ratters sone wo Cam with John Gunn Ratters overseer John Dundas in Corsebach, to the said Isle and then the said Rattar, and his sone and Company did fall to ther violent Invasion In which John Smith one of Rattars men offered to pistoll the said Murdoch Kennedy and Wiliam Gun, aneother of Rattars men did beat Andrew and John Sinclairs two tenants, of the said Isle, with sword and scabard, So that John Sinclair was wounded in the fingers and the said Wiliam Gun threatned to sheet them with a louded pistoll Because they owned the Said Murdoch Kennedy as the persuers factor and the Same night the said John Smith, and Hugh Jack did robb and violently take from the tenants about eleven hours thereafter wpon the nynth of the said moneth of februarie Gun Hugh Jack and Alexander Smith in the toun of Ratterwent to the houses of the tenants, of the said Isles, of Stroma viz Donald and James Brekeners, John and Peter Kennedies George Allan Wiliam Rossies, and searched ther houses and barnes and seized Cornes meall and all other goods, they Could find and took the keyes, of the barnes for secureing the Cornes therin, as they did also the malt in ther malt barnes and sent the keyes to the respective tenants, to have the malt turned and keept from Spoyleing by the hands of his said Complices, and afterwards, had them returned to himselfe and farder the same night Rattar asking one of the tenants his rent, and the tenant ansreing he would pay his ferm to his master Ratter beat him with a beat him with a bigg baton untill he fell to the ground, deeply wounded with a great effusion, of blood whereby the mans life is still in hazard, but farder on the the2 tenth of the said moneth of february one Donald Dirren, another man of Rattars, accomplices, a messanger and nottar was brought by Rattar, from Caithnes and ther he forced, the said Donald and James Brakners Patrick Kennedy George Allan, Wiliam and John Rossies and Sivan waes to give warrand to the said nottar, to subscrive for them which the poor men were Constrained to doe not knoweing to what but supposeing it was a disposition to all they had and when the said George Allan whom Rattar had wounded as above was not able to rise from his bed Rattar sent the said nottar and his men and forced him to subscrive as he had done the rest, and this write whither disposition or bond, but extorted as above, Ratter took in his Sones name, and by vertue whereof, Caused the said messenger arreast all the poor people had and wpon the same tenth of february, all night Rattar Constrained every one of the tenants to pay a peck of bear, to the said Alexander Smith, who with his accomplices, exacted the same from house, and farder Rattar forced them to pay the duties of Custom Fish, which they had before payed to the said Sir Alexander persuar ther master, Likeas wpon the threttenth of the said moneth of february the said Rattar Caused Charge the persuars factor and all the tenants to Compear before him att a Court of his own holding and farder Ratter and his accomplices brok up the Dovecoat door and in a word mad himselfe master of all without any order of law but by maniffast violence as said is and in effect, to that hight that the persuars man who Cam to Inform him was forced to venture his life in about in the night for fear of being intercepted which violences were yett more agravat, against the said Wiliam Sinclair, Wiliam Gun and John Dundas that they stood all Charged with Lawborrowes, att the instance of the said Murdoch Kennedy the persuars factor and which Lawborrows they have broke and Contraveened, by all which it is evident that the said Sinclair of Ratter […] Sinclair his sone, and Wiliam Sinclair, William Gun John Dundas John Smith Hugh Jack Alexander Smith and Donald Dirren are guilty airt and parte, of a most lawless invasion, and the haill other violences above lybelled, which being proven, they ought to be not only decerned in the Soume of […] for Coasts and damnages and farder punished in ther persons and goods, as the saids Lords Shall See Cause, to example and terror of others to Commit the Like in tyme comeing but ordained to desist from the saids violences and molestation, and to find Sufficient Caution for that effect, Likeas the sheriff of Caithnes and his deputs ought to be authorized and Commanded to putt the said persuar and Murdoch Kennedy his factor and the persuars other men and tenants, in their former peaceable possession, and to see, ther whole goods restored, and to mantain them in ther possession as law will and anent the Charge given to the haill fornamed persones above Complained wpon to have Compeared personally before the saids Lords, of privie Councill att ane Certain day bygone to have ansuered to ansured to the forsaid Complaint and to have heard and seen such order and Course taken as the saids Lords should have thought fitt under the pain of Rebellion and putting of them to our horn with Certification, as in the said principall lybell and executions thereof att more length is Contained after the which day of Compearance the said lybell was Called, as ther being no signed Interloquitor the said John Sinclair of Rattar for himselfe and in name and behalfe of Wiliam Sinclair his Sone Wiliam Sinclair John Smith Hugh Jack Alexander Smith, and Donald Dirren pretended in the said lybell to be his accomplices gave in ane petition, to the saids Lords showeing That where, the said Sinclair of Rattar being heretably infeft and many yeares in peaceable possession of a peice of land Called the overtoun of Stroma altho3 Sir Alexander Mckenzie of Broomhill, takeing advantage of Its being ane Island att distance, while the petitioner was absent, does4 (under pretence of a Claim that is truely extinct) violently Concuss the petitioners tenants, and vitiously attemp wpon his possession, But the petitioner Comeing up, did Continue his possession which he had unquestionable right to defend, yet Sir Alexander projects to Catch advantage upon occasion of being subject to Captions thinking that this would with hold me from personall appearance, and therewpon he Concludes, that he would gett Certification wpon his Shamm Complaint, which he hes raised against the petitioner out of possession whereas the petitioner hes only retained his own And as Ane evidence, that Sir Alexander, only lyes in his hopes of the petitioners being detterred from Compearance, for fear of seizure, his own lybell bears, That the petitioner is obnoxious wpon accompt of his haveing escaped out of prison where the petitioner was incarcerat for debt, and now seeing the petitioner Cannot personally Compear before the saids Lords with safety, without a protection according to the Common Course of law, and ther Lordships Custom in the like Caises and the petitioner being the principall partie Concerned, the persuars Conclusion being possession, the other persons Called as accessories, ther Compearance would be frustraneus till either the petitioner doe Compear or be excused and indeed the petitioner is ane very old man infirm of health, and liveing att a vast distance, viz in Caithnes, So that this matter being in effect Civall, as will appear more fully in the petitioners defences It were much more5 proper before the Judges of the place, where witneses Could be had without abstraction from laboreing and the expenses that it would be to discuss it att Edinburgh for ther will appear no ground in Sir Alexanders Clamour, But on the Contrair the petitioner hes the best reason, to Complain on his Intrusion and invasion of the petitioners tenants for the pretence of his legall Claim will in the event dwindle into nothing and There Craveing the saids Lords would either remitt the Cause to the Judges ordinar alloweing the petitioner before him, a reconvention or otherwayes to grant the petitioner a protection for such a tyme, as he may Come wp, and make his appearanc and defences and in the mean tyme to Continue and stop procedure in the Complaint and allow the petitioner to raise a Reconvention And sicklyke the said Sir Alexander Mckenzie of Broomhill gave in ane other petition to the saids Lords by way of answer to the abovewritten petition Showeing that where there being a proces raised before the saids Lords att the petitioners Instance against John Sinclair of Rattar, for his dispossessing the petitioner and Murdoch Kennedy his factor, out of the lands of the overtoun of Stroma, when the proces was Called, the defender Ratter and his accomplices being absent, the saids Lords did Conform to the Conclusion of the petitioners lybell ordain the sheriff of Caithnes, within whose sheriffdome the lands lye, to repossess the peititioner and his factor, therein, he restricting alwayes, before him the petitioners possession the tyme lybelled, which Interloquitor putt him to the leading of a probation before the sheriff which the petitioner Conceaves needless, haveing his probation ready to be laid before the saids Lords, and the Interloquitor haveing proceded wpon the supposition as he is informed, that the petitioner had not his probation before ther Lordships of his possession the tyme lybelled he does Confidently expect ther Lordships in this Case, of momentary possession, as to which he ought to be Summarly restored, will find, by the documents produced, the petitioners possession proven, for he does now produce in the Clerks hands the writtes followeing to prove both right and possession viz a decreet of adjudication att the petitioners instance wpon the twenty day of Februarij sixteen hunder and nynty two years, the Legall whereof is now expyred In the nixt place a decreet of Reduction ex Capite Inhibitionis against Ratter of any pudit right he had of the saids lands, in anno 1693. Item a decreet of mailes and duties against the tenants of the saids lands, with Horning and poynding followeing thereon, in anno seventeen hunder as also ten tacks, granted by the said Murdoch Kennedy the petitioners factor to the tenants of the saids lands in anno seventeen hunder and one, and whereas Rattar hes given in a petition to ther Lordships, aleadgeing that he stands heretably infeft and that the petitioner did take advantage of his absence, Concuss his tenants and attempt his possession.6 and that he being under Caption, the petitioner attempt to gett7 Certification against him as if the had ejected him, whilest he only retained his own possession, and Therefore Craveing protection att least, that the Cause should be remitt to the sheriff of the shyre Its ansuered that it is admyred with what Confidence any person, Could present such a petition to ther Lordships in name of a man So nottourly disobedient, to the lawes, who notorly brock out of prison where he was incarcerat, for Considerable debts as is not denyed by his own petition but when he gott loose like a furious man Convocateing men in armes, broke in with many outrages, wpon his possession of the lands lybelled, Spoulzieing beatting and wounding the petitioners tenents and servants and that aleadgence that the petitioner invaded his possession and he retained but his own, Its ansuered, that the aleadgence is Contrair to the petitioners lybell and Its evident by the writtes produced, that the petitioner and his factor, were in the peaceable possession; and tho his possession had been vitious as it was not, yet he ought to have recovered his possession via Juris, and persued him for intrusion which when8 he does the petitioner and as to the protection demanded, the petitioner humbly Conceaves ther Lordships will think him or any other person unworth, thereof, who hes so litle regaurd to law, and the peace of the Countrey, and if what above represented be not thought sufficient as the petitioners hopes it will to determine, ther Lordships to Cause the sheriff of the shyre possess the petitioner, and his factor, he is ready to aduce before the saids Lords famous witneses, to prove the petitioners possession, and Ratters Intrusion, and the violence Committed by him and the other persons Complained wpon, his associats who are so willfull Contemners of ther Lordships authority And Therefore Craveing the saids Lords would Consider the premises, and in respect of the decernments above deduced ordain the sheriff of Caithnes to reposses him and his factor, the Case being of momentary possession, and in respect of what is above ansuered to the defenders petition refuse the desyre thereof and declair him and his accomplices fugitives they being so Contimaciously absent, as the said petition bears, Which petition petition9 above written given in by the said John Sinclair of Rattar and the other petition by way of ansuer therto10 given in be Sir Alexander Mckenzie of Broomhill being read in presence of and Considered by the saids Lords of his majesties privie Councill wpon the Sixteenth of July instant, they nominated and appoynted the viscount of Roseberry Lord Forbes Lord Boyle, and the Lord Croserig to be a Commitie to Consider the Documents produced by the said Sir Alexander Mckenzie if the Samen doe Sufficiently prove, the persuar possession of the lands lybelled, and if they find needfull likewayes to examine the witneses and take ther oaths aduced by the said Sir Alexander wpon the foresaid possession allenerly, and to report, and recomends to the said Commitie to meet to morrow att ten in the forenoon, declareing any two of them a sufficient quorum and resrves all objectiones to be made against the witneses to be proponed and discust before the said Commity and the Saids witneses as they are marked in the roll Compeareing att the barr did make faith, The Councill grants Caption against Such of the witneses as were absent and not Compeareing and assigned the […] day of […] nixt to Come for that effect, Conform to which Interloquitor the said Commitie haveing mett and ther persuar, haveing aduced before them, diverse and Sundry witneses, who being all Sworn examined and Interrogat deponed and declaired in maner mentioned in ther oaths and depositions as the Samen extant in proces bears and therewpon and wpon the severall Instructions, and writtes after mentioned produced for the said Sir Alexander Mckenzie, the said Commitie made ther report and gave ther oppinion in maner under written, whereof the tenor followes, viz Report of the Commity anent Sir Alexander Mckenzie of Broomhill and John Sinclair of Rattar Sederunt Lord Forbes Lord Crosereig It being by ane Interloquitor of the Lords of privie Councill of the date the Sixteen of July seventeen hunder and two remmitted to a Commitie to Consider the documents produced by the said Sir Alexander Mckenzie if the samen doe Sufficiently prove, the said Sir Alexander his possession of the wpper toun and lands of Stroma, and a Quorum of the said Comity haveing mett and Considered the particular Instructions followeing viz and decreet of adjudication before the Lords of Councill and Session, att the instance of the said Sir Alexander Mckenzie against John Kennedys Elder and younger, then of Stronia adjudgeing all and haill the five pennie land, with the Croft thereto belonging Called the overtoun of Stroma with the haill parts pertinents and Casualities thereto belonging lyeing within the parochin of Cousay Countey and sheriffdome of Caithnes dated the twenty day of february sixteen hunder and nynty two and duely allowed the twenty nynth of march the said year, Item ane decreet of Reduction ex Capite Inhibitionis att the Instance of the said Sir Alexander Mckeinzie against Mrs Elizabeth Sinclair Spous to John Sinclair of Rattar and the said John Sinclair for his Interest reduceing and rescinding any right that the said Mrs Elizabeth Sinclair and John Sinclair of Ratter her Spous have, or anywayes had from the saids John Kennedies elder and younger then of Stroma, to the said five penny land with the Croft thereto belonging Called the overtoun of Stroma, with the haill parts pertinents and Casualities thereto belonging dated the twenty fourth of february sixteen hunder and nynty three, Item ane decreet of mailes and duities proceeding wpon the said decreet of adjudication, before the saids Lords of Councill and Session, att the instance of the said Sir Alexander Mckenzie of Broomhill against the tenants and possessors, of the said five penny land, with the pertinents thereto belonging, Called the overtoun of Stroma, dated the nynth of february seventen hunder years, Item, letters of Horning and poynding with the executiones therof duely Regrat Conform to act of parliament, followeing wpon the said decreet of mailes and duities att the instance of the said Sir Alexander Mckenzie against the haill tenants, and possessors of the said five pennie land, and Croft Called the overtoun of Stronia, dated the fifth of february Seventeen hunder and one, yeares, ther being severall witnesses aduced, by the said Sir Alexander, before the said Commitie and they being all Interrogat wpon the poynts of the possession lybelled, It is the opinion of the said Commity that the Documents and writtes produced, with the depositiones of the witneses aduced before the said Commity doe sufficiently instruct and prove the said Sir Alexander Mckenzie his possession of the lands lybelled, and It is likewayes the opinion, of the said Commity that he should be repossesed to the Samen, Sic Subscribitur Forbes David Hume, as the report bears, and the saids lords of her majesties privie Councill haveing this day advysed the forsaid proces, att the instance of the said Sir Alexander Mckenzie, of Broomhill against the said John Sinclair of Rattar Wiliam Sinclair his sone and Mr Wiliam Sinclair Wiliam Gunn John Dundas John Smith, Hugh Jack Alexander Smith and Donald Dirren his accomplices; and haveing heard and Considered the depositions of the witneses taken in the said proces, Read in ther presence, and also haveing Considered the said lybell, and haill Stepps of proces with the forsaid Report of the Commity of ther number, They have found and hereby finds it sufficiently proven that the said Sir Alexander Mckenzie was in the peaceable possession of the lands within lybelled, before the said John Sinclair and the forenamed persones his accomplices, dispossessed him, and the saids Lords granted Certification, against the haill forenamed persones, defenders, in respect of ther absence, and not Compeareing and ordains letters of Denunciation to be direct, to messengers att armes Commanding them, to pass to the mercat Cross of […] and thereat in her majesties name and authority to duely laufully and orderly Denunce the saids John Sinclair Wiliam Gunn John Dundas, John Smith Heugh Jack, Alexander Smith and Donald Dirren, her majesties Rebells and putt them to her highnes horn, and ordains all the moveaball goods, and gear to be Escheat and in brought to her majesties use for ther Contemp and disobedience, and the saids Lords ordained and hereby ordains the sheriff principall of the shyre of etc or 11 his deputs to repossess the said Sir Alexander Mckenzie, in the possession of the lands within lybelled, and to keep him in the peaceable possession thereof, in tyme comeing and the saids Lords have discharged and hereby discharges, the said John Sinclair of Rattar or any other person or persons, whatsomever of his Causeing sending hundeing out Command resett assisstance, or Ratihabition, whom he may stop, or tell directly or indirectly to trouble or molest the said Alexander Mckenzie his tenants, or subtenants, in the peaceable possession, of the saids lands in tyme Comeing, and ordains letters of Horning on fifteen dayes and other occasions needfull to be direct hereon in form as effeirs.

Att Edinburgh 28 July 1702

D1702/7/221

Decreet

Decreet for Alexander McKeinzie against Sinclair of Ratta

Anent the lybell or letters of Complaint raised and persued before the Lords of her majesties privie Counsell, att the instance of Sir Alexander Mckeinzie of Broomhill, with Concurse of Sir James Stewart her majesties advocat, for her highnes interest in the matter under written, mentioneing that where by the lawes of this and all other weell Governed Realms, the invadeing and usurpeing of mens rights and possessions by way of violence, and with ane unlaufull Convocation in armes, Specially when the same is by open and desperate bangastrie attended with beateing and wounding to the effusion of blood and with many, other violences and outrages, are Crymes of a high nature, Contrary to the publick peace and Quiet, and most Injurious to privat persones, and rights nevertheless It is of verity That John Sinclair of Rattar Wiliam Sinclair his Sone and Wiliam Sinclair Wiliam Gun John Dundas John Smith Hugh Jack, Alexander Smith and Donalld Dirren, his accomplices are guilty of the saids Crymes in maner after mentioned vis In so farr as John Kennedy younger of Stroma, being debitor to the said Sir Alexander in Certain soumes of money, He was thereon Inhibite, notwithstanding whereof, the said John Disponed the wper toun and lands of Stroma to the said Sinclair of Rattar, But the said persuer haveing Reduced this […] leads ane adjucation and obtains decreet for mailes and Duties by vertue whereof the persuar and Murdoch Kennedy his factor entered and have been in peaceable possession of the saids lands, by Setteing of tacks, by lifteing mailes and duties and doeing other deeds without any Interuption till of late, that the said Sinclair of Rattar haveing been for diverse yeares prisoner in the Tolbooth of Taynes, for debt, brock the prison and fled into Kaithnes where haveing gathered some men, particularly John Smith Gardener in Rattar, Hugh Jack his officer, and others, all armed with Gunns, Pistolls and Swords, and other weapons, They manned a boat on Caithnes Syde the beginneing of february last and saileing to the Island of Stroma, They one the seventh of the said moneth entered into the Island where layeing hold on Donald and James Breknars John Kennedy and Wiliam Rossie, four tenants in the overtoun of Stronia, they forced them to goe to Caithnes, by boat for Wiliam Sinclair Ratters sone wo Cam with John Gunn Ratters overseer John Dundas in Corsebach, to the said Isle and then the said Rattar, and his sone and Company did fall to ther violent Invasion In which John Smith one of Rattars men offered to pistoll the said Murdoch Kennedy and Wiliam Gun, aneother of Rattars men did beat Andrew and John Sinclairs two tenants, of the said Isle, with sword and scabard, So that John Sinclair was wounded in the fingers and the said Wiliam Gun threatned to sheet them with a louded pistoll Because they owned the Said Murdoch Kennedy as the persuers factor and the Same night the said John Smith, and Hugh Jack did robb and violently take from the tenants about eleven hours thereafter wpon the nynth of the said moneth of februarie Gun Hugh Jack and Alexander Smith in the toun of Ratterwent to the houses of the tenants, of the said Isles, of Stroma viz Donald and James Brekeners, John and Peter Kennedies George Allan Wiliam Rossies, and searched ther houses and barnes and seized Cornes meall and all other goods, they Could find and took the keyes, of the barnes for secureing the Cornes therin, as they did also the malt in ther malt barnes and sent the keyes to the respective tenants, to have the malt turned and keept from Spoyleing by the hands of his said Complices, and afterwards, had them returned to himselfe and farder the same night Rattar asking one of the tenants his rent, and the tenant ansreing he would pay his ferm to his master Ratter beat him with a beat him with a bigg baton untill he fell to the ground, deeply wounded with a great effusion, of blood whereby the mans life is still in hazard, but farder on the the2 tenth of the said moneth of february one Donald Dirren, another man of Rattars, accomplices, a messanger and nottar was brought by Rattar, from Caithnes and ther he forced, the said Donald and James Brakners Patrick Kennedy George Allan, Wiliam and John Rossies and Sivan waes to give warrand to the said nottar, to subscrive for them which the poor men were Constrained to doe not knoweing to what but supposeing it was a disposition to all they had and when the said George Allan whom Rattar had wounded as above was not able to rise from his bed Rattar sent the said nottar and his men and forced him to subscrive as he had done the rest, and this write whither disposition or bond, but extorted as above, Ratter took in his Sones name, and by vertue whereof, Caused the said messenger arreast all the poor people had and wpon the same tenth of february, all night Rattar Constrained every one of the tenants to pay a peck of bear, to the said Alexander Smith, who with his accomplices, exacted the same from house, and farder Rattar forced them to pay the duties of Custom Fish, which they had before payed to the said Sir Alexander persuar ther master, Likeas wpon the threttenth of the said moneth of february the said Rattar Caused Charge the persuars factor and all the tenants to Compear before him att a Court of his own holding and farder Ratter and his accomplices brok up the Dovecoat door and in a word mad himselfe master of all without any order of law but by maniffast violence as said is and in effect, to that hight that the persuars man who Cam to Inform him was forced to venture his life in about in the night for fear of being intercepted which violences were yett more agravat, against the said Wiliam Sinclair, Wiliam Gun and John Dundas that they stood all Charged with Lawborrowes, att the instance of the said Murdoch Kennedy the persuars factor and which Lawborrows they have broke and Contraveened, by all which it is evident that the said Sinclair of Ratter […] Sinclair his sone, and Wiliam Sinclair, William Gun John Dundas John Smith Hugh Jack Alexander Smith and Donald Dirren are guilty airt and parte, of a most lawless invasion, and the haill other violences above lybelled, which being proven, they ought to be not only decerned in the Soume of […] for Coasts and damnages and farder punished in ther persons and goods, as the saids Lords Shall See Cause, to example and terror of others to Commit the Like in tyme comeing but ordained to desist from the saids violences and molestation, and to find Sufficient Caution for that effect, Likeas the sheriff of Caithnes and his deputs ought to be authorized and Commanded to putt the said persuar and Murdoch Kennedy his factor and the persuars other men and tenants, in their former peaceable possession, and to see, ther whole goods restored, and to mantain them in ther possession as law will and anent the Charge given to the haill fornamed persones above Complained wpon to have Compeared personally before the saids Lords, of privie Councill att ane Certain day bygone to have ansuered to ansured to the forsaid Complaint and to have heard and seen such order and Course taken as the saids Lords should have thought fitt under the pain of Rebellion and putting of them to our horn with Certification, as in the said principall lybell and executions thereof att more length is Contained after the which day of Compearance the said lybell was Called, as ther being no signed Interloquitor the said John Sinclair of Rattar for himselfe and in name and behalfe of Wiliam Sinclair his Sone Wiliam Sinclair John Smith Hugh Jack Alexander Smith, and Donald Dirren pretended in the said lybell to be his accomplices gave in ane petition, to the saids Lords showeing That where, the said Sinclair of Rattar being heretably infeft and many yeares in peaceable possession of a peice of land Called the overtoun of Stroma altho3 Sir Alexander Mckenzie of Broomhill, takeing advantage of Its being ane Island att distance, while the petitioner was absent, does4 (under pretence of a Claim that is truely extinct) violently Concuss the petitioners tenants, and vitiously attemp wpon his possession, But the petitioner Comeing up, did Continue his possession which he had unquestionable right to defend, yet Sir Alexander projects to Catch advantage upon occasion of being subject to Captions thinking that this would with hold me from personall appearance, and therewpon he Concludes, that he would gett Certification wpon his Shamm Complaint, which he hes raised against the petitioner out of possession whereas the petitioner hes only retained his own And as Ane evidence, that Sir Alexander, only lyes in his hopes of the petitioners being detterred from Compearance, for fear of seizure, his own lybell bears, That the petitioner is obnoxious wpon accompt of his haveing escaped out of prison where the petitioner was incarcerat for debt, and now seeing the petitioner Cannot personally Compear before the saids Lords with safety, without a protection according to the Common Course of law, and ther Lordships Custom in the like Caises and the petitioner being the principall partie Concerned, the persuars Conclusion being possession, the other persons Called as accessories, ther Compearance would be frustraneus till either the petitioner doe Compear or be excused and indeed the petitioner is ane very old man infirm of health, and liveing att a vast distance, viz in Caithnes, So that this matter being in effect Civall, as will appear more fully in the petitioners defences It were much more5 proper before the Judges of the place, where witneses Could be had without abstraction from laboreing and the expenses that it would be to discuss it att Edinburgh for ther will appear no ground in Sir Alexanders Clamour, But on the Contrair the petitioner hes the best reason, to Complain on his Intrusion and invasion of the petitioners tenants for the pretence of his legall Claim will in the event dwindle into nothing and There Craveing the saids Lords would either remitt the Cause to the Judges ordinar alloweing the petitioner before him, a reconvention or otherwayes to grant the petitioner a protection for such a tyme, as he may Come wp, and make his appearanc and defences and in the mean tyme to Continue and stop procedure in the Complaint and allow the petitioner to raise a Reconvention And sicklyke the said Sir Alexander Mckenzie of Broomhill gave in ane other petition to the saids Lords by way of answer to the abovewritten petition Showeing that where there being a proces raised before the saids Lords att the petitioners Instance against John Sinclair of Rattar, for his dispossessing the petitioner and Murdoch Kennedy his factor, out of the lands of the overtoun of Stroma, when the proces was Called, the defender Ratter and his accomplices being absent, the saids Lords did Conform to the Conclusion of the petitioners lybell ordain the sheriff of Caithnes, within whose sheriffdome the lands lye, to repossess the peititioner and his factor, therein, he restricting alwayes, before him the petitioners possession the tyme lybelled, which Interloquitor putt him to the leading of a probation before the sheriff which the petitioner Conceaves needless, haveing his probation ready to be laid before the saids Lords, and the Interloquitor haveing proceded wpon the supposition as he is informed, that the petitioner had not his probation before ther Lordships of his possession the tyme lybelled he does Confidently expect ther Lordships in this Case, of momentary possession, as to which he ought to be Summarly restored, will find, by the documents produced, the petitioners possession proven, for he does now produce in the Clerks hands the writtes followeing to prove both right and possession viz a decreet of adjudication att the petitioners instance wpon the twenty day of Februarij sixteen hunder and nynty two years, the Legall whereof is now expyred In the nixt place a decreet of Reduction ex Capite Inhibitionis against Ratter of any pudit right he had of the saids lands, in anno 1693. Item a decreet of mailes and duties against the tenants of the saids lands, with Horning and poynding followeing thereon, in anno seventeen hunder as also ten tacks, granted by the said Murdoch Kennedy the petitioners factor to the tenants of the saids lands in anno seventeen hunder and one, and whereas Rattar hes given in a petition to ther Lordships, aleadgeing that he stands heretably infeft and that the petitioner did take advantage of his absence, Concuss his tenants and attempt his possession.6 and that he being under Caption, the petitioner attempt to gett7 Certification against him as if the had ejected him, whilest he only retained his own possession, and Therefore Craveing protection att least, that the Cause should be remitt to the sheriff of the shyre Its ansuered that it is admyred with what Confidence any person, Could present such a petition to ther Lordships in name of a man So nottourly disobedient, to the lawes, who notorly brock out of prison where he was incarcerat, for Considerable debts as is not denyed by his own petition but when he gott loose like a furious man Convocateing men in armes, broke in with many outrages, wpon his possession of the lands lybelled, Spoulzieing beatting and wounding the petitioners tenents and servants and that aleadgence that the petitioner invaded his possession and he retained but his own, Its ansuered, that the aleadgence is Contrair to the petitioners lybell and Its evident by the writtes produced, that the petitioner and his factor, were in the peaceable possession; and tho his possession had been vitious as it was not, yet he ought to have recovered his possession via Juris, and persued him for intrusion which when8 he does the petitioner and as to the protection demanded, the petitioner humbly Conceaves ther Lordships will think him or any other person unworth, thereof, who hes so litle regaurd to law, and the peace of the Countrey, and if what above represented be not thought sufficient as the petitioners hopes it will to determine, ther Lordships to Cause the sheriff of the shyre possess the petitioner, and his factor, he is ready to aduce before the saids Lords famous witneses, to prove the petitioners possession, and Ratters Intrusion, and the violence Committed by him and the other persons Complained wpon, his associats who are so willfull Contemners of ther Lordships authority And Therefore Craveing the saids Lords would Consider the premises, and in respect of the decernments above deduced ordain the sheriff of Caithnes to reposses him and his factor, the Case being of momentary possession, and in respect of what is above ansuered to the defenders petition refuse the desyre thereof and declair him and his accomplices fugitives they being so Contimaciously absent, as the said petition bears, Which petition petition9 above written given in by the said John Sinclair of Rattar and the other petition by way of ansuer therto10 given in be Sir Alexander Mckenzie of Broomhill being read in presence of and Considered by the saids Lords of his majesties privie Councill wpon the Sixteenth of July instant, they nominated and appoynted the viscount of Roseberry Lord Forbes Lord Boyle, and the Lord Croserig to be a Commitie to Consider the Documents produced by the said Sir Alexander Mckenzie if the Samen doe Sufficiently prove, the persuar possession of the lands lybelled, and if they find needfull likewayes to examine the witneses and take ther oaths aduced by the said Sir Alexander wpon the foresaid possession allenerly, and to report, and recomends to the said Commitie to meet to morrow att ten in the forenoon, declareing any two of them a sufficient quorum and resrves all objectiones to be made against the witneses to be proponed and discust before the said Commity and the Saids witneses as they are marked in the roll Compeareing att the barr did make faith, The Councill grants Caption against Such of the witneses as were absent and not Compeareing and assigned the […] day of […] nixt to Come for that effect, Conform to which Interloquitor the said Commitie haveing mett and ther persuar, haveing aduced before them, diverse and Sundry witneses, who being all Sworn examined and Interrogat deponed and declaired in maner mentioned in ther oaths and depositions as the Samen extant in proces bears and therewpon and wpon the severall Instructions, and writtes after mentioned produced for the said Sir Alexander Mckenzie, the said Commitie made ther report and gave ther oppinion in maner under written, whereof the tenor followes, viz Report of the Commity anent Sir Alexander Mckenzie of Broomhill and John Sinclair of Rattar Sederunt Lord Forbes Lord Crosereig It being by ane Interloquitor of the Lords of privie Councill of the date the Sixteen of July seventeen hunder and two remmitted to a Commitie to Consider the documents produced by the said Sir Alexander Mckenzie if the samen doe Sufficiently prove, the said Sir Alexander his possession of the wpper toun and lands of Stroma, and a Quorum of the said Comity haveing mett and Considered the particular Instructions followeing viz and decreet of adjudication before the Lords of Councill and Session, att the instance of the said Sir Alexander Mckenzie against John Kennedys Elder and younger, then of Stronia adjudgeing all and haill the five pennie land, with the Croft thereto belonging Called the overtoun of Stroma with the haill parts pertinents and Casualities thereto belonging lyeing within the parochin of Cousay Countey and sheriffdome of Caithnes dated the twenty day of february sixteen hunder and nynty two and duely allowed the twenty nynth of march the said year, Item ane decreet of Reduction ex Capite Inhibitionis att the Instance of the said Sir Alexander Mckeinzie against Mrs Elizabeth Sinclair Spous to John Sinclair of Rattar and the said John Sinclair for his Interest reduceing and rescinding any right that the said Mrs Elizabeth Sinclair and John Sinclair of Ratter her Spous have, or anywayes had from the saids John Kennedies elder and younger then of Stroma, to the said five penny land with the Croft thereto belonging Called the overtoun of Stroma, with the haill parts pertinents and Casualities thereto belonging dated the twenty fourth of february sixteen hunder and nynty three, Item ane decreet of mailes and duities proceeding wpon the said decreet of adjudication, before the saids Lords of Councill and Session, att the instance of the said Sir Alexander Mckenzie of Broomhill against the tenants and possessors, of the said five penny land, with the pertinents thereto belonging, Called the overtoun of Stroma, dated the nynth of february seventen hunder years, Item, letters of Horning and poynding with the executiones therof duely Regrat Conform to act of parliament, followeing wpon the said decreet of mailes and duities att the instance of the said Sir Alexander Mckenzie against the haill tenants, and possessors of the said five pennie land, and Croft Called the overtoun of Stronia, dated the fifth of february Seventeen hunder and one, yeares, ther being severall witnesses aduced, by the said Sir Alexander, before the said Commitie and they being all Interrogat wpon the poynts of the possession lybelled, It is the opinion of the said Commity that the Documents and writtes produced, with the depositiones of the witneses aduced before the said Commity doe sufficiently instruct and prove the said Sir Alexander Mckenzie his possession of the lands lybelled, and It is likewayes the opinion, of the said Commity that he should be repossesed to the Samen, Sic Subscribitur Forbes David Hume, as the report bears, and the saids lords of her majesties privie Councill haveing this day advysed the forsaid proces, att the instance of the said Sir Alexander Mckenzie, of Broomhill against the said John Sinclair of Rattar Wiliam Sinclair his sone and Mr Wiliam Sinclair Wiliam Gunn John Dundas John Smith, Hugh Jack Alexander Smith and Donald Dirren his accomplices; and haveing heard and Considered the depositions of the witneses taken in the said proces, Read in ther presence, and also haveing Considered the said lybell, and haill Stepps of proces with the forsaid Report of the Commity of ther number, They have found and hereby finds it sufficiently proven that the said Sir Alexander Mckenzie was in the peaceable possession of the lands within lybelled, before the said John Sinclair and the forenamed persones his accomplices, dispossessed him, and the saids Lords granted Certification, against the haill forenamed persones, defenders, in respect of ther absence, and not Compeareing and ordains letters of Denunciation to be direct, to messengers att armes Commanding them, to pass to the mercat Cross of […] and thereat in her majesties name and authority to duely laufully and orderly Denunce the saids John Sinclair Wiliam Gunn John Dundas, John Smith Heugh Jack, Alexander Smith and Donald Dirren, her majesties Rebells and putt them to her highnes horn, and ordains all the moveaball goods, and gear to be Escheat and in brought to her majesties use for ther Contemp and disobedience, and the saids Lords ordained and hereby ordains the sheriff principall of the shyre of etc or 11 his deputs to repossess the said Sir Alexander Mckenzie, in the possession of the lands within lybelled, and to keep him in the peaceable possession thereof, in tyme comeing and the saids Lords have discharged and hereby discharges, the said John Sinclair of Rattar or any other person or persons, whatsomever of his Causeing sending hundeing out Command resett assisstance, or Ratihabition, whom he may stop, or tell directly or indirectly to trouble or molest the said Alexander Mckenzie his tenants, or subtenants, in the peaceable possession, of the saids lands in tyme Comeing, and ordains letters of Horning on fifteen dayes and other occasions needfull to be direct hereon in form as effeirs.

1. NRS, PC2/28, 184v-191r.

2. Sic.

3. Written over an earlier word.

4. The letter ‘o’ is an insertion.

5. Insertion.

6. The letters ‘sess’ are an insertion.

7. The words ‘to get’ inserted above the line.

8. The words ‘the petiti’ scored out here.

9. Sic.

10. Insertion.

11. The letter ‘D’ scored out here.

1. NRS, PC2/28, 184v-191r.

2. Sic.

3. Written over an earlier word.

4. The letter ‘o’ is an insertion.

5. Insertion.

6. The letters ‘sess’ are an insertion.

7. The words ‘to get’ inserted above the line.

8. The words ‘the petiti’ scored out here.

9. Sic.

10. Insertion.

11. The letter ‘D’ scored out here.

Act, 28 July 1702, Edinburgh

Posted on by

Att Edinburgh 28 July 1702

D1702/7/211

Act

Act for puting ane Plain and flate roofe over the Exchange and noe other

The Lords of her majesties privie Counsell doe hereby give order and warrand to the Heretors of the Exchange, to putt a flatt roof over the new buildings now Repaired, where the old Exchange formerly wese brunt, doune and noe other, and that att the hight the walls are presently and discharges the Samen to be further hightned

Att Edinburgh 28 July 1702

D1702/7/211

Act

Act for puting ane Plain and flate roofe over the Exchange and noe other

The Lords of her majesties privie Counsell doe hereby give order and warrand to the Heretors of the Exchange, to putt a flatt roof over the new buildings now Repaired, where the old Exchange formerly wese brunt, doune and noe other, and that att the hight the walls are presently and discharges the Samen to be further hightned

1. NRS, PC2/28, 184v.

1. NRS, PC2/28, 184v.

Sederunt, 28 July 1702, Edinburgh

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Att Edinburgh 28 July 17021

D1702/7/202

Sederunt

Lord Chancellor; Earl of Crawfoord; Earl of Marr; Earl of Lauderdale; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Earl of Kintore; Viscount Tarbat; Lord Strathnaver; Lord Forbes; Lord advocat; Lord Justice Clerk; Lord Aberuchell; Lord Halcraig; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomry; Lord provost of Edinburgh; Laird of Meggins

Att Edinburgh 28 July 17021

D1702/7/202

Sederunt

Lord Chancellor; Earl of Crawfoord; Earl of Marr; Earl of Lauderdale; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Earl of Kintore; Viscount Tarbat; Lord Strathnaver; Lord Forbes; Lord advocat; Lord Justice Clerk; Lord Aberuchell; Lord Halcraig; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomry; Lord provost of Edinburgh; Laird of Meggins

1. NRS, PC2/28, 184v.

2. NRS, PC2/28, 184v.

1. NRS, PC2/28, 184v.

2. NRS, PC2/28, 184v.