Author Archives: Philip Ward

Act, 1 January 1701, Edinburgh

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Att Edinburgh The First day of January One Thousand seven Hundred and one years

D1701/1/21

Act

Act The Earle of Argyll

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Archibald Earle of Argyll Shewing That upon a petitione presented to the Estates of parliament by the Duke of Gordon Craveing That Sir James Stewart his Majesties advocat and the other advocats therinnamed might be Ordained to appear for the officers of state and Kings donator, In the proces of Reduction raised against them by the petitioner and Creditors of the Marques of Argyle his Grandfather, It was left to his Grace his Majesties high Commissioner to determine whither or not the kings advocat should appear in the said proces for any of the said parties or for which of them It was humbly Represented that his Majesties advocat should be allowed to appear for the petitioner in the forsaid proces In regaird he has been Imployed for the petitioner in all his other concernes and what of his father or grandfathers affairs he hade occasion to take advise in Both before and since he hade the Character of his Majesties Advocat, and furder the Duke of Gordones intrest as donator is ren suam and is so far from being his Majesties particular concerne That it is both his Majesties and the Nationes intrest That Justice is done to the petitioner in the foresaid proces of judiciary by demonstrating to the world how groundless and Illegall the proceedings against the petitioners Grandfather were in the forsaid pretended process of Forfaulture And Therfore Humbly Craveing the said Lords would be pleased to allow and appoint his Majesties advocat to appear and plead for the petitioner in the forsaid proces of Reductione depending at his instance against the Duke of Gordon Seing he hath been all along advised and Consulted with this Aime as the said petitione bears His Majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them by the above Earle of Argyll They have allowed and hereby Allowes his Majesties advocat and Leaves him to his Libertie to appear and plead for aither of the saids parties abovenamed or for neither of them as his Lordship shall think convenient

Att Edinburgh The First day of January One Thousand seven Hundred and one years

D1701/1/21

Act

Act The Earle of Argyll

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Archibald Earle of Argyll Shewing That upon a petitione presented to the Estates of parliament by the Duke of Gordon Craveing That Sir James Stewart his Majesties advocat and the other advocats therinnamed might be Ordained to appear for the officers of state and Kings donator, In the proces of Reduction raised against them by the petitioner and Creditors of the Marques of Argyle his Grandfather, It was left to his Grace his Majesties high Commissioner to determine whither or not the kings advocat should appear in the said proces for any of the said parties or for which of them It was humbly Represented that his Majesties advocat should be allowed to appear for the petitioner in the forsaid proces In regaird he has been Imployed for the petitioner in all his other concernes and what of his father or grandfathers affairs he hade occasion to take advise in Both before and since he hade the Character of his Majesties Advocat, and furder the Duke of Gordones intrest as donator is ren suam and is so far from being his Majesties particular concerne That it is both his Majesties and the Nationes intrest That Justice is done to the petitioner in the foresaid proces of judiciary by demonstrating to the world how groundless and Illegall the proceedings against the petitioners Grandfather were in the forsaid pretended process of Forfaulture And Therfore Humbly Craveing the said Lords would be pleased to allow and appoint his Majesties advocat to appear and plead for the petitioner in the forsaid proces of Reductione depending at his instance against the Duke of Gordon Seing he hath been all along advised and Consulted with this Aime as the said petitione bears His Majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them by the above Earle of Argyll They have allowed and hereby Allowes his Majesties advocat and Leaves him to his Libertie to appear and plead for aither of the saids parties abovenamed or for neither of them as his Lordship shall think convenient

1. NRS, PC2/28, 24r-v.

1. NRS, PC2/28, 24r-v.

Sederunt, 1 January 1701, Edinburgh

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Att Edinburgh The First day of January One Thousand seven Hundred and one years1

D1701/1/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl Finlator; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of session; Lord Thesaurer Depute; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Mr Frances Montgomry; Laird of Grant

Att Edinburgh The First day of January One Thousand seven Hundred and one years1

D1701/1/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl Finlator; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of session; Lord Thesaurer Depute; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Mr Frances Montgomry; Laird of Grant

1. NRS, PC2/28, 24r.

2. NRS, PC2/28, 24r.

1. NRS, PC2/28, 24r.

2. NRS, PC2/28, 24r.

Judicial Proceeding, 10 December 1700, Edinburgh

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Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/41

Judicial Proceeding

Remitt Dunnet, against Bruce and others

Anent the Lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill at the instance of William Dunnat in Ingstack and John Bruce in Wester, With concourse of Sir James Stewart his Majesties advocat for his highnes interest in the matter underwritten Making Mention That wher by the Lawes of this and all other weell governed nationes, The beatting wounding dismembring and Muttilating of the Members of any of his Majesties subjects. Be all Crimes of ane high nature and ought to be severly punished nevertheless It is of verity That William Swanstoune in Bronock David Hendersone in Steinster and George Smith in Hallend and the said pursuers being upon the twenty nynth day of May last Drinking in John Mansones house at the kirk of Dunat Ther fell out some difference betwixt the said George Smith and the said John Bruce pursuer, which at that time was easily Composed Bot therafter the said William Swanson David Henderson and George Smith haveing most maliciously and out of Forethought fellony, and of purpose to assassinat the said pursuers persones followed the said pursuers to the entrie to the sands called the Charge Mouth, and ther the said George Smith and William Swansone haveing their swords drawen most Creually struck or thrust at the said John Bruce one of the pursuers and wounded him in severall places of his body To the great effusion of his blood, and would have without all doubt murdered him upon the spott If the said William Dunnat the other pursuer hade not endeavoured to rescue him, and to take up the matter freindly as he truely did at the first squabling in Mansones house, For which the said William Dunnet was so ill rewarded That Immediatly The said George Smith David Henderson and William Swanstoune most barbarously (after they hade wounded the said John Bruce) all of them ingadged with and fell upon the said William Dunnat with their drawen swords and other weapons invasive, and therwith wounded him Mortally in two severall places of the forehead, wherby he was so blinded with his oun blood that he would not keep his feet Bot fell to the ground as also they wounded him in severall places of his body To the great hazard of his life, and they or ane or other of them Did cutt off the Ring finger of his Left hand being nixt the Litle finger and quitt disabled the Litle finger of the said hand and for farder evidenceing of the said David Henderson and William Swansone their wicked and malicious designes against the said pursuers They have been oft and diverse times heard express themsleves That they would do the pursuers ane ill turne if ever it came in their way or some such other expressiones to that purpose, By all which it might evidently appear to the Lords of his majesties privy Councill What hard usage barbarity and Cruelty the said pursuers have mett with by the saids persones above Complained upon, and therfore they and ilk ane of them being found guilty actors airt and part Ought and should be Decerned to ilk ane of the saids pursuers the soume of […] As damnadges and expences wared upon phisitians and other medicaments for cureing of their respective Wounds, and otherwayes to be punished in ther persones and goods to the example and terror of others to Committ the Like in time comeing And Anent the Charge given to the saids defenders To have Compeared before the saids Lords of privy Councill personally To have answered to the points of the abovewryten Complaint and to have heard and seen such order and course taken theranent as appertaines, As the said Lybell or Letters of Complaint at more Length is Contained, Which Lybell being this day Called in presence of his Majeties high Commissioner and the Lords of his Majesties privy Councill, And the said William Dunnat one of the pursuers Compearing personally and the other pursuer being absend and Sir Androw, Sir Patrick Home Mr David Dalrymple and Mr Francis Grant Compearing as advocats for both the pursuers, And the saids thrie Defenders Compearing all personally With Mr William Calderwood Mr Robert Frazer advocats for the haill defenders, The lybell and answers made therto for the defenders being read and both parties Lawiers being fully heard at the Councill barr, His Majesties high Commmissioner and the Lords of privy Councill Haveing Considered the Lybell and answers made therto for the defenders They Have Remitted and hereby Remitts The Lybell at the pursuers instances against the defenders and haill grounds thereof, with the reconvention raised at the defenders instances against the pursuers, To be pursued and Disscussed before the Judge ordinary within the Shyre of Caithnes wher the fact Lybelled was Committed, and to no other Judge whatsoever As accords in Law cum onore expensarum to be payed by the defenders in case the pursuers in this principall Lybell shall prevaill.

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/41

Judicial Proceeding

Remitt Dunnet, against Bruce and others

Anent the Lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill at the instance of William Dunnat in Ingstack and John Bruce in Wester, With concourse of Sir James Stewart his Majesties advocat for his highnes interest in the matter underwritten Making Mention That wher by the Lawes of this and all other weell governed nationes, The beatting wounding dismembring and Muttilating of the Members of any of his Majesties subjects. Be all Crimes of ane high nature and ought to be severly punished nevertheless It is of verity That William Swanstoune in Bronock David Hendersone in Steinster and George Smith in Hallend and the said pursuers being upon the twenty nynth day of May last Drinking in John Mansones house at the kirk of Dunat Ther fell out some difference betwixt the said George Smith and the said John Bruce pursuer, which at that time was easily Composed Bot therafter the said William Swanson David Henderson and George Smith haveing most maliciously and out of Forethought fellony, and of purpose to assassinat the said pursuers persones followed the said pursuers to the entrie to the sands called the Charge Mouth, and ther the said George Smith and William Swansone haveing their swords drawen most Creually struck or thrust at the said John Bruce one of the pursuers and wounded him in severall places of his body To the great effusion of his blood, and would have without all doubt murdered him upon the spott If the said William Dunnat the other pursuer hade not endeavoured to rescue him, and to take up the matter freindly as he truely did at the first squabling in Mansones house, For which the said William Dunnet was so ill rewarded That Immediatly The said George Smith David Henderson and William Swanstoune most barbarously (after they hade wounded the said John Bruce) all of them ingadged with and fell upon the said William Dunnat with their drawen swords and other weapons invasive, and therwith wounded him Mortally in two severall places of the forehead, wherby he was so blinded with his oun blood that he would not keep his feet Bot fell to the ground as also they wounded him in severall places of his body To the great hazard of his life, and they or ane or other of them Did cutt off the Ring finger of his Left hand being nixt the Litle finger and quitt disabled the Litle finger of the said hand and for farder evidenceing of the said David Henderson and William Swansone their wicked and malicious designes against the said pursuers They have been oft and diverse times heard express themsleves That they would do the pursuers ane ill turne if ever it came in their way or some such other expressiones to that purpose, By all which it might evidently appear to the Lords of his majesties privy Councill What hard usage barbarity and Cruelty the said pursuers have mett with by the saids persones above Complained upon, and therfore they and ilk ane of them being found guilty actors airt and part Ought and should be Decerned to ilk ane of the saids pursuers the soume of […] As damnadges and expences wared upon phisitians and other medicaments for cureing of their respective Wounds, and otherwayes to be punished in ther persones and goods to the example and terror of others to Committ the Like in time comeing And Anent the Charge given to the saids defenders To have Compeared before the saids Lords of privy Councill personally To have answered to the points of the abovewryten Complaint and to have heard and seen such order and course taken theranent as appertaines, As the said Lybell or Letters of Complaint at more Length is Contained, Which Lybell being this day Called in presence of his Majeties high Commissioner and the Lords of his Majesties privy Councill, And the said William Dunnat one of the pursuers Compearing personally and the other pursuer being absend and Sir Androw, Sir Patrick Home Mr David Dalrymple and Mr Francis Grant Compearing as advocats for both the pursuers, And the saids thrie Defenders Compearing all personally With Mr William Calderwood Mr Robert Frazer advocats for the haill defenders, The lybell and answers made therto for the defenders being read and both parties Lawiers being fully heard at the Councill barr, His Majesties high Commmissioner and the Lords of privy Councill Haveing Considered the Lybell and answers made therto for the defenders They Have Remitted and hereby Remitts The Lybell at the pursuers instances against the defenders and haill grounds thereof, with the reconvention raised at the defenders instances against the pursuers, To be pursued and Disscussed before the Judge ordinary within the Shyre of Caithnes wher the fact Lybelled was Committed, and to no other Judge whatsoever As accords in Law cum onore expensarum to be payed by the defenders in case the pursuers in this principall Lybell shall prevaill.

1. NRS, PC2/28, 22v-23v.

1. NRS, PC2/28, 22v-23v.

Act, 10 December 1700, Edinburgh

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Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/31

Act

Act The Earle of Sutherland against The Viscount of Arbuthnot

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill Be George Earle of Southerland Shewing That wher the petitioner hade the Custody of Robert Viscount of Arbuthnot left in pupillarity by his father and Committed to him by the Lords of privy Councill, with ane ordinance for payment of his aliment, as also of his incident charges as the acts of privy Councill made theranent bear, Likeas de facto he hath remained with the petitioner now the space of five years, The which time the petitioner hade used his outmost endeavors for the advantage of his education albeit it be very certaine That Knox his tutor in Law and his Cautioners have dureing all that space been very backward and refractory as to any thing that was to be done or payed for their said pupill and for the reinburse of the petitioners expences so to this day the petitioner was farr in arreir and ther is a Considerable soume owing to the petitioner by the said Tutor, and still resting unpayed Bot the said Viscount of Arbuthnot comeing now to the years of Fourtein, and so goeing out of his Tutory and incase to Choise his Curators, The aforsaid tutor and his accomplices apprehending as to probable That Curators Chosen for him nor of their nameing, might be too heavy in calling them to ane accompt of the Tutors administration, It is very Obviously to be presumed that it is by ther contryband That he is Stollen away from the petitioner who had his Custody and education as said is, Which being a matter of so ill example and manifastly so badly designed to the prejudice of the pupill it was hoped That his Grace and Lordships would provyde the proper remeeds as they have already been in used to doe in cases of this nature The petitioner haveing in effect no other designe save to have the forsaid Viscount returned to his Custody, and to have him left to that freedom in the Nomination of his curators as his tutor, and his Complices, who have hitherto so grossly and nottoriously malversed might be brought to due Compt and reckoning And Therfore humbly Craveing his Grace and the saids Lords of privy Councill would be pleased to Consider the forsaid Case with the mischeivous Consequences therof and Immediatly to Issue out a proclamation Commanding all persones that might be concerned to exhibit and sist before the saids Lords the said Viscount upon their hightest perill, or at least that they discover wher he is, as Likewayes that the said Viscount do by himself appear and sist himself as said is, To the effect his Grace and the saids Lords might restore him to the petitioners keeping and Custody Or otherways dispose of him as the saids Lords should see Course; As also Discharging all Judges and Magistrats whatsoever and their Clerks to give out any edicts for the said Viscount his Choiseing Curators or to proceed to receeive any nominate from him, or authorize such as shall be named by him as they will be answerable Under the highest perill, and with all to declare That if any such election or nomination should be made It should be void and null, as to all intents It being most evident, That the forsaid viscount is most wrongeously taken away and detained, And with all that he could make no good and valid election untill he be first restored to the petitioner and sisted before the saids Lords in his Just freedome As the said petitione bears And The said Robert Viscount of Arbuthnot gave in ane petition by of answer therto Shewing That wher he was informed, That ther was a printed petition handed about and ready to be offered to his Grace and the saids Lords in the name of the Earle of Southerland the petitioners Grandfather, Containing Certaine reflectiones against some of the petitioners near relationes, and alledging that the petitioner is stollen away from the said Earles family who hade the Custody and education of the petitioner And Craveing that a proclamation might be Issued out Commanding all persones haveing intrest to sist the petitioner before the saids Lords and to Discover wher the petitioner was, and Commanding the petitioner to sist himself to the effect the petitioner might be returned to his Lordships keeping and custody Or otherwayes diposed off as the saids Lords should think fitt; And Discharging any Judges or Clerks to give out edicts for Choising the petitioners Curators Or to receive nominationes Or authorize any to be named by the said petitioner Declaring such electione and nomination to be void, It being evidence that the petitioner could not make good and valid electione untill the petitioner be at first restored to the Earle and sisted before his Grace and the saids Lords; The petitioner Crave humbly Leave with all due regaird to the Earle his Grandfather to whom the petitioner owe and shall allwayes oun all honor and duty; To represent to his Grace and the saids Lords That the desire of this petition was altogither irregullar, and the petitioner was hopefull That as it was given in only upon the supposition that the petitioner was carried away without his own Consent, so now when the petitioner doeth plainly Declare that the petitioners retireing from his Grandfathers family was the petitioners voluntar choise and hes been approven by his fathers relationes and persones of honor and probity, The Earle of Southerland the petitioners Grandfather would Lett this petition fall, For my retirement being free and approven by the petitioners relationes could neither be claimed or Constrained unreasonable or throw the weakness of the petitioners age, And tho their seem to be no occasion to trouble his Grace or the saids lords with reasones in this matter, The petitioner desires it may be Considered, That the petitioner being past fourtein years as the Earles petition bears The petitioner hade the full Libertie either to Choise Curators or not; And if the petitioner should choise Curators, their power does not extend to the petitioners person or Liberty; And Therfore even the petitioners Curators could not hinder the petitioner to Choice the place of his residence; And tho the petitioner would allwayes have great regaird and deference to the Councills of his Grandfather in that Or any thing else, yet the petitioner beggs Leave to Complain That the petition should conclude that the petitioner should be returned in to2 Custody, and sisted as a Criminall and publict proclamationes Issued against the petitioner, Which in the first step of the petitioners Life was unseemly, and would Leave a Scarr, Or that the petitioner should be debarred from the priviledge of Choiseing Curators a remeed provided by the Law for persones under age, and all this for no better reasone, Bot because the being of that age, at which the Law allowes the petitioner the full disposall of his persone and Estate The petitioner hade with drawen from his Grandfathers family, which could never be urged as a fault, albeit the Earle should alleadge that it was done of purpose to be near his fathers freinds; The petitioner shall not trouble the Lords with the particular reasones why the petitioner hade changed the place of his residence seing the petitioners own naturall Liberty was sufficient in Law to Justifie it, And if ther be particular reasones, The petitioner conceived it was more dutifull and respectfull to conceall them, And however the petitioner might be mistaken in his reasoneing, The petitioner was confident the thing the petitioner hade done was in the petitioners power, And therefore ther was no occasione of ane applicatione to the saids Lords in the matter Bot because he conceaved the petition had proceeded from affection to the petitioner and anxiety about his safity; Therfore the petitioner was ready to return within a few dayes, The Certificats from the Magistrats of The place wher the petitioner was, That ther might remaine no question of his health, Libertie, or reality of the petitioners oun Choise, and for the same tender respect the petitioner bears to his Grandfather, The petitioner passes over the reflections that seem to be against the petitioner himself and relationes, as if the petitioner were willing to be deceived about the petitioners affairs, or that they were read to Impose upon the petitioner And Therfore Humbly Craving the saids Lords would would3 be pleased to refuse the desire of any such petition which would be ane exceeding discouragement to the petitioner and a reproach in the begining of his life, For ther could be nothing so disgracefull as to be treated as a thing stollen or strayed, and to be interdicted as to the Judges Magistrats and their Clerks of the Comon priviledge of other subjects, As the said petitioner bears; His Majesties high Commissioner and the Lords of his Majesties privy Councill Having Considered the above petition given in to them be the Earle of Southerland and the other be the Viscount of Arbuthnot by way of answer therto They hereby Recommend to the Earle of Marchmont Lord high Chancelor of this kingdome to wryte to the Viscount of Arbuthnot in name of the privy Councill desireing his Lordship to returne to this kingdome and present himself befor his Majesties high Commissioner or Lords of privy Councill And Declare unto him in the Councills name that his Lordships person shall be at full Libertie and free of all restraint or sequestration whatsoever and in the mean time His Majesties Commissioner and Lords of privy Councill Doe hereby stopp and Discharge the said Viscount of Arbuthnot his Choiseing of Curators serving of edicts or doeing any other thing for that effect untill farder Order of Councill theranent.

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/31

Act

Act The Earle of Sutherland against The Viscount of Arbuthnot

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill Be George Earle of Southerland Shewing That wher the petitioner hade the Custody of Robert Viscount of Arbuthnot left in pupillarity by his father and Committed to him by the Lords of privy Councill, with ane ordinance for payment of his aliment, as also of his incident charges as the acts of privy Councill made theranent bear, Likeas de facto he hath remained with the petitioner now the space of five years, The which time the petitioner hade used his outmost endeavors for the advantage of his education albeit it be very certaine That Knox his tutor in Law and his Cautioners have dureing all that space been very backward and refractory as to any thing that was to be done or payed for their said pupill and for the reinburse of the petitioners expences so to this day the petitioner was farr in arreir and ther is a Considerable soume owing to the petitioner by the said Tutor, and still resting unpayed Bot the said Viscount of Arbuthnot comeing now to the years of Fourtein, and so goeing out of his Tutory and incase to Choise his Curators, The aforsaid tutor and his accomplices apprehending as to probable That Curators Chosen for him nor of their nameing, might be too heavy in calling them to ane accompt of the Tutors administration, It is very Obviously to be presumed that it is by ther contryband That he is Stollen away from the petitioner who had his Custody and education as said is, Which being a matter of so ill example and manifastly so badly designed to the prejudice of the pupill it was hoped That his Grace and Lordships would provyde the proper remeeds as they have already been in used to doe in cases of this nature The petitioner haveing in effect no other designe save to have the forsaid Viscount returned to his Custody, and to have him left to that freedom in the Nomination of his curators as his tutor, and his Complices, who have hitherto so grossly and nottoriously malversed might be brought to due Compt and reckoning And Therfore humbly Craveing his Grace and the saids Lords of privy Councill would be pleased to Consider the forsaid Case with the mischeivous Consequences therof and Immediatly to Issue out a proclamation Commanding all persones that might be concerned to exhibit and sist before the saids Lords the said Viscount upon their hightest perill, or at least that they discover wher he is, as Likewayes that the said Viscount do by himself appear and sist himself as said is, To the effect his Grace and the saids Lords might restore him to the petitioners keeping and Custody Or otherways dispose of him as the saids Lords should see Course; As also Discharging all Judges and Magistrats whatsoever and their Clerks to give out any edicts for the said Viscount his Choiseing Curators or to proceed to receeive any nominate from him, or authorize such as shall be named by him as they will be answerable Under the highest perill, and with all to declare That if any such election or nomination should be made It should be void and null, as to all intents It being most evident, That the forsaid viscount is most wrongeously taken away and detained, And with all that he could make no good and valid election untill he be first restored to the petitioner and sisted before the saids Lords in his Just freedome As the said petitione bears And The said Robert Viscount of Arbuthnot gave in ane petition by of answer therto Shewing That wher he was informed, That ther was a printed petition handed about and ready to be offered to his Grace and the saids Lords in the name of the Earle of Southerland the petitioners Grandfather, Containing Certaine reflectiones against some of the petitioners near relationes, and alledging that the petitioner is stollen away from the said Earles family who hade the Custody and education of the petitioner And Craveing that a proclamation might be Issued out Commanding all persones haveing intrest to sist the petitioner before the saids Lords and to Discover wher the petitioner was, and Commanding the petitioner to sist himself to the effect the petitioner might be returned to his Lordships keeping and custody Or otherwayes diposed off as the saids Lords should think fitt; And Discharging any Judges or Clerks to give out edicts for Choising the petitioners Curators Or to receive nominationes Or authorize any to be named by the said petitioner Declaring such electione and nomination to be void, It being evidence that the petitioner could not make good and valid electione untill the petitioner be at first restored to the Earle and sisted before his Grace and the saids Lords; The petitioner Crave humbly Leave with all due regaird to the Earle his Grandfather to whom the petitioner owe and shall allwayes oun all honor and duty; To represent to his Grace and the saids Lords That the desire of this petition was altogither irregullar, and the petitioner was hopefull That as it was given in only upon the supposition that the petitioner was carried away without his own Consent, so now when the petitioner doeth plainly Declare that the petitioners retireing from his Grandfathers family was the petitioners voluntar choise and hes been approven by his fathers relationes and persones of honor and probity, The Earle of Southerland the petitioners Grandfather would Lett this petition fall, For my retirement being free and approven by the petitioners relationes could neither be claimed or Constrained unreasonable or throw the weakness of the petitioners age, And tho their seem to be no occasion to trouble his Grace or the saids lords with reasones in this matter, The petitioner desires it may be Considered, That the petitioner being past fourtein years as the Earles petition bears The petitioner hade the full Libertie either to Choise Curators or not; And if the petitioner should choise Curators, their power does not extend to the petitioners person or Liberty; And Therfore even the petitioners Curators could not hinder the petitioner to Choice the place of his residence; And tho the petitioner would allwayes have great regaird and deference to the Councills of his Grandfather in that Or any thing else, yet the petitioner beggs Leave to Complain That the petition should conclude that the petitioner should be returned in to2 Custody, and sisted as a Criminall and publict proclamationes Issued against the petitioner, Which in the first step of the petitioners Life was unseemly, and would Leave a Scarr, Or that the petitioner should be debarred from the priviledge of Choiseing Curators a remeed provided by the Law for persones under age, and all this for no better reasone, Bot because the being of that age, at which the Law allowes the petitioner the full disposall of his persone and Estate The petitioner hade with drawen from his Grandfathers family, which could never be urged as a fault, albeit the Earle should alleadge that it was done of purpose to be near his fathers freinds; The petitioner shall not trouble the Lords with the particular reasones why the petitioner hade changed the place of his residence seing the petitioners own naturall Liberty was sufficient in Law to Justifie it, And if ther be particular reasones, The petitioner conceived it was more dutifull and respectfull to conceall them, And however the petitioner might be mistaken in his reasoneing, The petitioner was confident the thing the petitioner hade done was in the petitioners power, And therefore ther was no occasione of ane applicatione to the saids Lords in the matter Bot because he conceaved the petition had proceeded from affection to the petitioner and anxiety about his safity; Therfore the petitioner was ready to return within a few dayes, The Certificats from the Magistrats of The place wher the petitioner was, That ther might remaine no question of his health, Libertie, or reality of the petitioners oun Choise, and for the same tender respect the petitioner bears to his Grandfather, The petitioner passes over the reflections that seem to be against the petitioner himself and relationes, as if the petitioner were willing to be deceived about the petitioners affairs, or that they were read to Impose upon the petitioner And Therfore Humbly Craving the saids Lords would would3 be pleased to refuse the desire of any such petition which would be ane exceeding discouragement to the petitioner and a reproach in the begining of his life, For ther could be nothing so disgracefull as to be treated as a thing stollen or strayed, and to be interdicted as to the Judges Magistrats and their Clerks of the Comon priviledge of other subjects, As the said petitioner bears; His Majesties high Commissioner and the Lords of his Majesties privy Councill Having Considered the above petition given in to them be the Earle of Southerland and the other be the Viscount of Arbuthnot by way of answer therto They hereby Recommend to the Earle of Marchmont Lord high Chancelor of this kingdome to wryte to the Viscount of Arbuthnot in name of the privy Councill desireing his Lordship to returne to this kingdome and present himself befor his Majesties high Commissioner or Lords of privy Councill And Declare unto him in the Councills name that his Lordships person shall be at full Libertie and free of all restraint or sequestration whatsoever and in the mean time His Majesties Commissioner and Lords of privy Councill Doe hereby stopp and Discharge the said Viscount of Arbuthnot his Choiseing of Curators serving of edicts or doeing any other thing for that effect untill farder Order of Councill theranent.

1. NRS, PC2/28, 20r-22v.

2. The word ‘free’ scored out here.

3. Sic.

1. NRS, PC2/28, 20r-22v.

2. The word ‘free’ scored out here.

3. Sic.

Judicial Proceeding, 10 December 1700, Edinburgh

Posted on by

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/21

Judicial Proceeding

Remitt Gordon of Grange against His Brother

Anent the Lybell or Letters of Complaint raised before the Lords of Majesties privy Councill at the instance of John Gordon of Grange with concourse of Sir James Stewart his Majesties advocat for his Majesties intrest in the Matter underwritten Making Mention That wher by the Lawes and acts of parliament of this kingdome and the custome and practise of all Civill and weill governed nationes The Manifast and violant oppression of any person and the disturbing and disqueiting of them in the possession of their Just rights and properties The violant and unlawfull intromitting with and away takeing of their wrytes and evidents of their Lands and Chartor Chist, The violent and masterfull dispossessing of them of their Lands and heritadges The wrongeous and Illegall Imprisonment of them Especially when the Samen is done by one brother against another Are Crymes of ane high nature and severly punishable Yet Nevertheless and Notwithstanding therof True it is and of verity That Hew Gordon of Grange eldest brother to the said John Gordon pursuer and to William Gordon having deceast without Children, The said pursuer his Immediat youngest brother being served and retoured heir to him did enter to the possession of a part of the Lands and estait of Grange, Bot the said William Gordon defender haveing cast off all fear of God and Love and affection to the said pursuer his brother, Did take all unlawfull methods to disspossess the said pursuer and to supplant and Circumveen him and in prosecution of his unjust un Christian and unlawfull designe, and least the said pursuer should have come by his said brothers Chartor Chist and papers He the said William came from the Stewartrie of Kirkcudbright Immediatly after his said brother Hew’s decease to the Mansion house of Grange where the said Hews relict was dwalling, and which was in effect the said pursuers oun house and being Accompanied with a partie of armed men, Did under Cloud and silence of night in ane or other of the dayes of ane or other of the moneths of one or other the years Jaj vjc seventie six or Jaj vjc seventie seven Which was within some few dayes after the said Hew’s decease, and at his oun hand entered the said house, and in a most violent oppressive, and Clandastine maner without any shaddow of Law Caried away the said Hew’s Chartor Chist and haill wrytes of and concerning the Lands and estate of Grange Which then did belong to the said pursuer as heir to his Immediat Elder brother and Caried the same to his own dwalling house at Newtoune of Galloway and yet detaines the samen to the said pursuers great prejudice, For which he did formerly raise ane proces before the Lords of his Majesties privy Councill, Which upon fair promisses the said William prevailled with the said pursuar to delay Bot the said William Continueing still in his seinistreous designes to wrong and oppress the said pursuer hath hitherto detained the said Charter Chist So that he is now necessitate to raise this process against him, and this is not all the wrong and Oppression that The said John Gordon pursuer mett with from his said unnaturall brother who the said pursuer is redacted to great straits and difficulties, Bot also the said John Gordon persuar being infeft and in possession of the Lands of Threive, which was ane part of the said estate of Grange, He did enter in ane agreement with the Earle of Galloway, Wherby for the soume of ane Thousand merks resting be the said pursuer to the said Earle as the ballance of Certaine teynds of the said estate The said John Gordon pursuer did sett ane Tack to the said Earle of Galloway of two part of the Lands of Threive at two hundreth merks yearly for fyve years space till the said Earle should be payed of the said Thousand Merks of Teynd, and then he was to renounce, The said pursuer retained a third part of the saids Lands of Threive with the whole Casualties of the saids Lands to himself and continued in the peacable possession therof, yet so Crewelly indisposed was the said William to the said John Gordon pursuer his poor indigent elder brother and poor family Which was all that remained to the said pursuer to Live upon, That the said William Did take ane right to the said tack, and without regaird to the said pursuers right of the thrid therof Did by masterfull and violent Bangstrie and oppression dispossesses the said pursuer and his poor tennants out therof rendered the same waste, and so opprest him that he forced the said the said2 pursuer out of the possession of his thrid, and uplifted both the rents therof and all the said pursuers Casualties and so possesses all the said roome Through the said Earles tack be expired by payment, and the better to carie on his unjust Masterfull and oppressive practices, He knowing that the said pursuer was upon his comeing to Edinburgh to seek remeed of his injuries, He sought all persons to whom the said pursuer was debitor to gett assingations from his Creditors, and falling upon ane bond granted by his deceast Brother to James Dalrymple of Dunraggett, Some other persones (tho by ane aggreement betwixt him and the pursuer He was Oblidged to transmitt any right he hade to the said pursuers estate and to make use of no debts of his brothers against the said pursuer. That he contraveened that aggreement, and tho he gave Litle or no money for these bonds, He purchased Caption against the said pursuer and Imprisones him in the Tolbooth of Wigtoune wher he was detained ane year and more in ane most miserable condition being depryved of ane fire and keept in a most incommodious prison, And haveing at the requeist of the said Earle of Galloway and the Viscount of Stair (who pitied the said pursuers condition) been sett at libertie He in ane most oppressing and cruell maner hearing that the said pursuer had intention to come to Edinburgh of new to seek redress of these his griveous wrongs within ane Fourtnight by his favour and moyan with the then Magistrats gott the said pursuer again incarcerat upon the same Caption in the said Tolbooth of Wigtoun wher he Lay another year till the Lords of Councell and session upon the late act of parliament were graciously pleased to ordaine him to be sett at Libertie, Whereupon the said John Gordon was reduced to ane most Miserable necessitious and sterving Condition, By all which it is evident, That the said William Gordon is guiltie airt and part of most unnaturall Cruell and hyneous acts of Ryots injuries and oppressions Which being proven he ought and should not only be Decerned be Decreet of the Lords of Councill To deliver up to the said pursuer his said Chartor Chist and wrytes belonging to him upon oath And Repone the said pursuer to the peaceable possession of the saids Lands of Threive Bot also To make payment to the said pursuer of the soume of […] of damnadges and expenses and Lykewayes farder severly punished in his persones and goods to the example and terror of others to do or Committ the Like in time coming And Anent the Charge given to the said defender To have Compeared personally before the saids Lords of privy Councill at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and course taken theranent As the saids Lords should find Just under the paine of rebellion etc As in the said Lybell or Letters of Complaint and executiones therof at more length is Contained Which Lybell or Letters Being this day called in presence of his Majesties high Commissioner and the Lords of his majesties privy Councill, and the pursuer Compearing personally with Mr James Hamilton of Bangowr his advocat And the defender Compearing also personally with Mr David Dalrymple his advocat, The Lybell and the answers therto for the defenders being both read and his Majesties high Commissioners and the Lords of his Majesties privy Councill haveing Considered the same, and both parties procurators being fully heard at the Councill bar His Majesties high Commissioner and the Lords of privy Councill Doe hereby Refuse to sustaine process before the Councill theron But Leaves the matter Lybelled to be pursued before the Judge ordinar as accords in Law.

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/21

Judicial Proceeding

Remitt Gordon of Grange against His Brother

Anent the Lybell or Letters of Complaint raised before the Lords of Majesties privy Councill at the instance of John Gordon of Grange with concourse of Sir James Stewart his Majesties advocat for his Majesties intrest in the Matter underwritten Making Mention That wher by the Lawes and acts of parliament of this kingdome and the custome and practise of all Civill and weill governed nationes The Manifast and violant oppression of any person and the disturbing and disqueiting of them in the possession of their Just rights and properties The violant and unlawfull intromitting with and away takeing of their wrytes and evidents of their Lands and Chartor Chist, The violent and masterfull dispossessing of them of their Lands and heritadges The wrongeous and Illegall Imprisonment of them Especially when the Samen is done by one brother against another Are Crymes of ane high nature and severly punishable Yet Nevertheless and Notwithstanding therof True it is and of verity That Hew Gordon of Grange eldest brother to the said John Gordon pursuer and to William Gordon having deceast without Children, The said pursuer his Immediat youngest brother being served and retoured heir to him did enter to the possession of a part of the Lands and estait of Grange, Bot the said William Gordon defender haveing cast off all fear of God and Love and affection to the said pursuer his brother, Did take all unlawfull methods to disspossess the said pursuer and to supplant and Circumveen him and in prosecution of his unjust un Christian and unlawfull designe, and least the said pursuer should have come by his said brothers Chartor Chist and papers He the said William came from the Stewartrie of Kirkcudbright Immediatly after his said brother Hew’s decease to the Mansion house of Grange where the said Hews relict was dwalling, and which was in effect the said pursuers oun house and being Accompanied with a partie of armed men, Did under Cloud and silence of night in ane or other of the dayes of ane or other of the moneths of one or other the years Jaj vjc seventie six or Jaj vjc seventie seven Which was within some few dayes after the said Hew’s decease, and at his oun hand entered the said house, and in a most violent oppressive, and Clandastine maner without any shaddow of Law Caried away the said Hew’s Chartor Chist and haill wrytes of and concerning the Lands and estate of Grange Which then did belong to the said pursuer as heir to his Immediat Elder brother and Caried the same to his own dwalling house at Newtoune of Galloway and yet detaines the samen to the said pursuers great prejudice, For which he did formerly raise ane proces before the Lords of his Majesties privy Councill, Which upon fair promisses the said William prevailled with the said pursuar to delay Bot the said William Continueing still in his seinistreous designes to wrong and oppress the said pursuer hath hitherto detained the said Charter Chist So that he is now necessitate to raise this process against him, and this is not all the wrong and Oppression that The said John Gordon pursuer mett with from his said unnaturall brother who the said pursuer is redacted to great straits and difficulties, Bot also the said John Gordon persuar being infeft and in possession of the Lands of Threive, which was ane part of the said estate of Grange, He did enter in ane agreement with the Earle of Galloway, Wherby for the soume of ane Thousand merks resting be the said pursuer to the said Earle as the ballance of Certaine teynds of the said estate The said John Gordon pursuer did sett ane Tack to the said Earle of Galloway of two part of the Lands of Threive at two hundreth merks yearly for fyve years space till the said Earle should be payed of the said Thousand Merks of Teynd, and then he was to renounce, The said pursuer retained a third part of the saids Lands of Threive with the whole Casualties of the saids Lands to himself and continued in the peacable possession therof, yet so Crewelly indisposed was the said William to the said John Gordon pursuer his poor indigent elder brother and poor family Which was all that remained to the said pursuer to Live upon, That the said William Did take ane right to the said tack, and without regaird to the said pursuers right of the thrid therof Did by masterfull and violent Bangstrie and oppression dispossesses the said pursuer and his poor tennants out therof rendered the same waste, and so opprest him that he forced the said the said2 pursuer out of the possession of his thrid, and uplifted both the rents therof and all the said pursuers Casualties and so possesses all the said roome Through the said Earles tack be expired by payment, and the better to carie on his unjust Masterfull and oppressive practices, He knowing that the said pursuer was upon his comeing to Edinburgh to seek remeed of his injuries, He sought all persons to whom the said pursuer was debitor to gett assingations from his Creditors, and falling upon ane bond granted by his deceast Brother to James Dalrymple of Dunraggett, Some other persones (tho by ane aggreement betwixt him and the pursuer He was Oblidged to transmitt any right he hade to the said pursuers estate and to make use of no debts of his brothers against the said pursuer. That he contraveened that aggreement, and tho he gave Litle or no money for these bonds, He purchased Caption against the said pursuer and Imprisones him in the Tolbooth of Wigtoune wher he was detained ane year and more in ane most miserable condition being depryved of ane fire and keept in a most incommodious prison, And haveing at the requeist of the said Earle of Galloway and the Viscount of Stair (who pitied the said pursuers condition) been sett at libertie He in ane most oppressing and cruell maner hearing that the said pursuer had intention to come to Edinburgh of new to seek redress of these his griveous wrongs within ane Fourtnight by his favour and moyan with the then Magistrats gott the said pursuer again incarcerat upon the same Caption in the said Tolbooth of Wigtoun wher he Lay another year till the Lords of Councell and session upon the late act of parliament were graciously pleased to ordaine him to be sett at Libertie, Whereupon the said John Gordon was reduced to ane most Miserable necessitious and sterving Condition, By all which it is evident, That the said William Gordon is guiltie airt and part of most unnaturall Cruell and hyneous acts of Ryots injuries and oppressions Which being proven he ought and should not only be Decerned be Decreet of the Lords of Councill To deliver up to the said pursuer his said Chartor Chist and wrytes belonging to him upon oath And Repone the said pursuer to the peaceable possession of the saids Lands of Threive Bot also To make payment to the said pursuer of the soume of […] of damnadges and expenses and Lykewayes farder severly punished in his persones and goods to the example and terror of others to do or Committ the Like in time coming And Anent the Charge given to the said defender To have Compeared personally before the saids Lords of privy Councill at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and course taken theranent As the saids Lords should find Just under the paine of rebellion etc As in the said Lybell or Letters of Complaint and executiones therof at more length is Contained Which Lybell or Letters Being this day called in presence of his Majesties high Commissioner and the Lords of his majesties privy Councill, and the pursuer Compearing personally with Mr James Hamilton of Bangowr his advocat And the defender Compearing also personally with Mr David Dalrymple his advocat, The Lybell and the answers therto for the defenders being both read and his Majesties high Commissioners and the Lords of his Majesties privy Councill haveing Considered the same, and both parties procurators being fully heard at the Councill bar His Majesties high Commissioner and the Lords of privy Councill Doe hereby Refuse to sustaine process before the Councill theron But Leaves the matter Lybelled to be pursued before the Judge ordinar as accords in Law.

1. NRS, PC2/28, 18r-20r.

2. Sic.

1. NRS, PC2/28, 18r-20r.

2. Sic.

Sederunt, 10 December 1700, Edinburgh

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Att Edinburgh The Tenth day of December one thousand and seven hundred years1

D1700/12/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Arygle; Earl of Crafurd; Earl of Marr; Earl of Morton; Earl of Galloway; Earl of Lauderdale; Earl of Lowdon; Earl of Finlator; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Montgomry; Lord Jedburgh; Lord Ross; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdo; Mr Frances Montgomry; Laird of Grant; Laird of Stivenson

Att Edinburgh The Tenth day of December one thousand and seven hundred years1

D1700/12/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Arygle; Earl of Crafurd; Earl of Marr; Earl of Morton; Earl of Galloway; Earl of Lauderdale; Earl of Lowdon; Earl of Finlator; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Montgomry; Lord Jedburgh; Lord Ross; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdo; Mr Frances Montgomry; Laird of Grant; Laird of Stivenson

1. NRS, PC2/28, 17v.

2. NRS, PC2/28, 17v.

1. NRS, PC2/28, 17v.

2. NRS, PC2/28, 17v.

Act, 19 November 1700, Edinburgh

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Att Edinburgh the Nynteinth day of November one thousand seven hundred years

D1700/11/21

Act

Act Baillie Innes in Elgine and others

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Robert Innes Late Baillie of Elgine, Thomas Russell late Thesaurer ther James Gordon merchant ther Shewing That wher the petitioners for themselves and in name and behalf of a multitude to the number of a hundred of the other inhabitants and nighbours of the Town of Elgine haveing intented a process and Complaint against William King late provest, James Stewart late Baillie and some others of the late Magistracy on the account of severall malversationes Comitted by them, and that the personall Compearance of all the petitioners who are Compleaners would not only be vastly expensive, Bot render the whole toune of Elgine desolat and that his Grace and the saids Lords in such cases were in use to sustaine the presence of some particular persones in name and behalf of the rest as in the case of the very defenders of this Complaint, Who are allowed to stay at home upon some of their numbers appearing for themselves in behalf of the rest And Therfore humbly supplicating his Grace and the saids Lords to the effect aftermentioned as the said petition bears His Majesties high Commissioner and the Lords of his Majesties privy Councill, Haveing Considered this petition given in to them by the above Robert Innes late baille of Elgine, Thomas Russell late Thesaurer ther and James Gordon merchant ther, They have excused and hereby excuses the absence of the haill persones pursuers in the Lybell raised at their instance against provest King and baillie James Stewart in Elgine and others and defenders in the reconvention raised at Provest King and Baillie Stewarts instances against them except the thrie persones petitioners abovenamed The saids thrie persones petitioners Viz Robert Innes late baillie Thomas Russell Late Thesaurer and James Gordon merchant in Elgin haveing before extracting hereof enacted themselves in the books of his majesties privy Councill, That they and the rest of the pursuers in the principall Lybell at their instances against provest King and Baillie Stewart before the Councill and defenders in the reconvention at Provost King and Baillie Stewarts instances against them before the privy Councill shall obtempor satisfie and fullfill the decreet and sentance of Councill to be given and pronunced in both the saids processes

Att Edinburgh the Nynteinth day of November one thousand seven hundred years

D1700/11/21

Act

Act Baillie Innes in Elgine and others

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Robert Innes Late Baillie of Elgine, Thomas Russell late Thesaurer ther James Gordon merchant ther Shewing That wher the petitioners for themselves and in name and behalf of a multitude to the number of a hundred of the other inhabitants and nighbours of the Town of Elgine haveing intented a process and Complaint against William King late provest, James Stewart late Baillie and some others of the late Magistracy on the account of severall malversationes Comitted by them, and that the personall Compearance of all the petitioners who are Compleaners would not only be vastly expensive, Bot render the whole toune of Elgine desolat and that his Grace and the saids Lords in such cases were in use to sustaine the presence of some particular persones in name and behalf of the rest as in the case of the very defenders of this Complaint, Who are allowed to stay at home upon some of their numbers appearing for themselves in behalf of the rest And Therfore humbly supplicating his Grace and the saids Lords to the effect aftermentioned as the said petition bears His Majesties high Commissioner and the Lords of his Majesties privy Councill, Haveing Considered this petition given in to them by the above Robert Innes late baille of Elgine, Thomas Russell late Thesaurer ther and James Gordon merchant ther, They have excused and hereby excuses the absence of the haill persones pursuers in the Lybell raised at their instance against provest King and baillie James Stewart in Elgine and others and defenders in the reconvention raised at Provest King and Baillie Stewarts instances against them except the thrie persones petitioners abovenamed The saids thrie persones petitioners Viz Robert Innes late baillie Thomas Russell Late Thesaurer and James Gordon merchant in Elgin haveing before extracting hereof enacted themselves in the books of his majesties privy Councill, That they and the rest of the pursuers in the principall Lybell at their instances against provest King and Baillie Stewart before the Councill and defenders in the reconvention at Provost King and Baillie Stewarts instances against them before the privy Councill shall obtempor satisfie and fullfill the decreet and sentance of Councill to be given and pronunced in both the saids processes

1. NRS, PC2/28, 17r-v.

1. NRS, PC2/28, 17r-v.

Sederunt, 19 November 1700, Edinburgh

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Att Edinburgh the Nynteinth day of November one thousand seven hundred years1

D1700/11/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Marr; Earl of Mortone; Earl of Buchan; Earl of Cassills; Earl of Galloway; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Finlator; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Montgomry; Lord Jedburgh; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Mr Frances Montgomry; Laird of Grant; Laird of Stevenson; Lord Provost of Edinburgh

Att Edinburgh the Nynteinth day of November one thousand seven hundred years1

D1700/11/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Marr; Earl of Mortone; Earl of Buchan; Earl of Cassills; Earl of Galloway; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Finlator; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Montgomry; Lord Jedburgh; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Mr Frances Montgomry; Laird of Grant; Laird of Stevenson; Lord Provost of Edinburgh

1. NRS, PC2/28, 17r.

2. NRS, PC2/28, 17r.

1. NRS, PC2/28, 17r.

2. NRS, PC2/28, 17r.

Judicial Proceeding, 24 October 1700, Edinburgh

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Att Edinburgh The Twentie fourth day of October one thousand seven hundred years

D1700/10/51

Judicial Proceeding

Decreet Provest Scot Against Provest Simpson

Anent the principal Lybell purchased and raised before the Lords of his Majesties privy Councill at the instance of Mr William Simpsone provest of Jedburgh Thomas Rutherfoord baillie James Robson baillie John Ainsley Deacon Conveener and James Smith toune thesaurer of the said burgh with concourse of Sir James Stewart his Majesties advocat making Mention That wherby the Lawes and acts of parliament Electiones within burgh ought to proceed regularly without tumult or disorder and specially it is provided by the 108 act parliament 14th James 3d That the electione of officars within burgh be without partiality or mastership, and sicklicke by the 87 act parliament 6th James 4th It is provyded that nae Nighbour in burgh usurp against the officars therof and farder by the 17th act parliament 18th James 6th It is provyded that non convocat or assemble within burgh Except They have License of the Magistrat, and that they do nothing in their meetting against the acts of parliament and queit of the burgh otherwayes the saids meeettings are declared seditious As also for preventing undue practises in the election of the Magistrates and Councill of Jedburgh It was specially enacted by the toune Councill of the said burgh That ther should be no Sollicitation used to obtaine votes for any man by advyseing intyseing or be ingadging the electors by oathes promisses or bonds and sicklicke by the 104 act parliament 7th James 5th It is Statute that if any maner of person murmurs any Judge he shall be punished with tinsell of honor fame and dignity and shall pay ane Payne arbitrall at the will of his Majestie and his privy Councill And farder by the undoubted Law and custome of this natione the Over awing of electiones by Imploying of Military force and for officers of the army to undertake or be Imployed in such unlawfull interprises, are Crimes of ane high nature and severly punishable, yet nevertheless William Davidson Baillie of the said burgh of Jedburgh, Gilbert Eliot Baillie, Walter Scot late provest William Eliot late baillie John Davidson dean of Gild James Richardson Councillor James Oliphant Late Baillie and Robert Richardsone Councillor in manifest Contempt of his Majesties authority and government are guilty of the breach of the saids haill Lawes and acts of parliament abovementioned and act of Councill In so farr as upon the tuenty fourth Twentie fifth Twentie sixth Twentie sventh, twentie eight twenty nynth and Threttie dayes of September Last or ane or other of the dayes of the said moneth, and upon the first second thrid fourth and fifth dayes of October The saids defenders were guilty of the aftermentioned Viz The said provest Simpsone haveing called the Councill upon the said twenty fourth of September Last for reviseing and recording the Commission granted by the said burgh to Walter Scott one of their Councillors to represent the said burgh in parliament and conforme to the custome of the burgh, and for reviseing the forsaids acts concerning abuses by subborning or solliciting of votes. The said William Davidson baillie and others his accomplices haveing laid the designe to pack a Councill and to turne out the said provest Simpson before the second year of his Magistracie, Did rise in a most tumultuous and insolent maner after the Commission in favors of the said Walter Scot was revised recorded and allowed, and after the saids acts concerning suborning and solliciting were read and the Councill Legally adjourned by the provest Then the said William Davidson and his other accomplices the defenders, Did Tumultuously insist That the Council should notwithstanding sitt and give out Leitts in order to ane electione, notwithstanding of the adjournment, and not being satisfied with insolent demands The said William Davidson did Lay violent hands on the said provest Simpson and forced him back towards the Bench violently which being against a principall maigstrat and ane old man was a most attrocious ryot, And wheras the saids pursuers protested and took instruments And sicklicke the saids defenders Continueing in their wilfull partiall and masterfull designe upon the Threttie of the said moneth of september in order to the election and the acts against solliciting and preingadging of votes being read in Councill, And therafter the said Robert Richardson one of the defenders being called up to give his oath in the termes of the said act and whither he was preingadged or not The said Walter Scot and William Davidsone and the other defenders did in a tumultary maner rise and insolently charged the said provest Simpson with subbornatione, And Craved that he might depone and purge himself in the termes of the act first notwithstand2 wherof the said defenders did continue tumultuary, and Judging it necessary for their violent designes, The said William Davidson Did Cry out in the Councill to call up Captain Cruppins whom they hade prepared and stood ready with his Company at the back of the Councill house in armes, and upon the first call he the said Captaine six or eight dragoons in armes to goe and stand at the back door of the Councill house, and who accordingly were placed ther and he himself with the rest of the troop went about to the foredoor with drums beatting and the said provest Simpson perceiving the violence and danger and haveing adjourned the Councill notwithstanding wherof the said Captain Cruppins haveing left his men in armes at both entries to the Councill house and haveing come up himself with some others of the souldiers to the Councill Chamber, He did by his presence animat the defenders that notwithstanding of ane adjurnment upon so weighte a Consideration and ane instrument and protest taken upon the account of the violence yet the saids defenders did Continue to sitt and proceeded to make a pretended election of provest Baillies Dean of Gild and thesaurer in dispyte of all Law and good government to the greiff of the good nighbours, and contrair to the priviledge of the Royall Burrowes, and albeit this pretended electione was established by wayes hardly ever heard off or knowen before, yet the saids defenders In pursuance of their wicked practises did falsely murmur and belye the said provest Simpson and the other pursuers to the officers of state and to his Majesties privy Councillors as being Irregullarly elected Wheras the election of the pursuers was most Just and fair at the precise day to which the Councill was adjourned viz the first of October instant And the saids defenders did insolently usurp and take upon them to act as magistrats notwithstanding of the forsaid Irregullarity before they hade any Warrand from publict authority By all which the saids defenders are guilty of the Contravention of the forsaid Lawes and are lyable to the paine thereincontained, and Therfore they ought to be Decerned to make payment to the said pursuers of the soume of […] as expenses of this proces and to be discharged to exerce the office of magistracy and Councillors to which they were elected upon the Threttie of September Last and declared incapable therof in time comeing and the said Captaine Cruppins for his forsaid Lawless overaweing the election to be punished by deprivation or otherwayes as the Lords of privy Councill shall think shall think3 fitt And he4 saids haill defenders to be punished in their persones and goods to the terror of others to Committ the Like in time comeing; And sicklicke for verifieing and proveing the premisses John Rutherfoord toune Clerk of the said burgh of Jedburgh ought to be discharged to produce the Councill books and minuts of election, and especially that act anent Suborning and solliciting abovementioned and the premisses being verified, The pursuers and others elected upon the first of October instant In so farr as they are not obnoxious to the Comfussion of this Lybell Ought to be reponed to the exercise and full possession and injoyment of the Magistracy and Councill Conforme to their respective stationes in the said burgh And Anent the Charge given to the haill forenamed persones defenders To have Compeared personally before the saids Lords at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines and alse the said John Rutherfoord for exhibiting and produceing the Councill books of the said burgh and minuts of election and specially that act anent suborning and solliciting abovementioned under the paine of rebellion etc as in the principall Lybell or Complaint raised in the said matter with the executiones therof at more length is Contained And sicklike Anent the Lybell or reconvention purchased and raised before the saids Lords of his Majesties privy Councill at the instance of Walter Scot present provest of Jedburgh, William Eliot William Davidsones Thomas Cranstoune and Gilbert Eliot present baillies of the said burgh, John Davidson dean of Gild Robert Richardsone Thesaurer for themselves and in name and behalf of the remanent members of the said burgh and Comunity Making Mention That wheras the invadeing and usurping the office and authority and magistracie and the disturbing the magistrates duely and legally elected in the exercises of their offices and authority are Crymes of ane high and hienous nature punishable by the Lawes and customes of this and all other weell governed nationes Nevertheless It is of verity that Mr William Simpson late provest Thomas Rutherfood and Harry Young Late baillies of the said burgh, James Smith, James Robertsone and Thomas Greive late thesaurers Androw Robertson appothecary, John Simpson Commissar depute John Broun Maltman, John Ainsly Cordinar George Best weaver Michaell Wauch Glasier Adam Robertsone flesher Thomas Ainsly wryter and Samuell Couper wright in the said burgh are guilty at least many of them are airt and pairt of ane gross and highneous usurpatione of the Office and Magistracy of the toune Councill of the said burgh of Jedburgh and of disturbing and mollesting the pursuers in the exercise of the offices of the Magistracy and Jurisdiction belonging to the Magistrats of the said burgh In so farr as albeit the said Walter Scot was regularly and orderly elected provest of the said burgh upon the threttie day of September Last, and the said William Eliot William Davidson, Thomas Cranstoune and Gilbert Eliot were all duely and regularly elected baillies of the said burgh, John Davidson dean of Gild Robert Richardsone Thesaurer, were also duely elected upon the said day, yet in manifast Contempt of the forsaid Legall electione and of the Lawes and acts of parliament for secureing and preserving the peace and queit of his Majesties government and protection of the Leidges Liveing under the same, The said Mr William Simpson and the other defenders abovenamed upon the threttie of September Last which was the precise peremptor day appointed by the Councill of the said burgh for the annuall election as appears by ane act of the said Councill dated the Twentie seventh of September Last, Finding that the said Mr William Simpson was not Like to be Chosen provest, And the rest of the defenders baillies and magistrats did endeavour to disturb the Councill of the burgh who were fully Conveened to the number of Threttie eight persones by hounding out messengers for apprehending severall persones Members of the Councill without any warrand from the parties And albeit the pretended debts were satisfied and payed, Bot their names neglected to be delate out of the Caption which were against in any debtors, yet these members of the Councill That the election might not be delayed, or any interuption made of the government in the toune upon their acccount Did peaceably remove themselves, and the Councill proceeded the election, And the said Walter Scot and remanent pursuers abovenamed were Chosen regullarly and orderly yet the said Mr William Simpson with a small party of the Councill to the number of fourtein did presume upon the Morow therafter to meett and make a new electione albeit the forsaid number of fourtein were not near a quorum of the Councill and so could not act, seing the quorum at ane election is at least Twentie one (the whole members at the electione being fourtie) as has alwayes been inviolably observed in the said burgh, and albeit the defenders were wholly exautered and the pursuers fully invested in the office of Magistracy by the Legall election forsaid, yet the defenders did furder proceed in their invasion and disturbance forsaid by seizing upon the keyes of the Tolbooth and Councill-house and forced the Jaylor to delyver the samen to them and the toune officers to attend them and did send a proclamation throw the said burgh for holding a head Court in their name and when the pursuers did stopp their forsaid proclamation by contrair orders untill another convenient time, The said Mr William Simpsone did with his own hand and others who was makeing intimation of the pursuers orders according to his duty and to Crown the work of the usurpation, and to make the Ryotous behaviour the more Conspicious to the world They did upon the Lords day therafter upon the forenoon take possession of the magistrates seatt in the Church designeing therby no doubt to make alse Much disturbance in the Church, as they made at the election, Bot the pursuers made no noice in the matter Bot the Lord Jedburgh being upon the place, and haveing received orders from his Majesties Commissioner concerning that affair did Discharge the defenders from sitting in the magistrates seatt and ordained the pursuers to take the possesion therof, and to Continue in the exercise of magistracy untill the matter were determined by the Lords of his Majesties privy Councill And Therfore the said defenders are guilty of ane open and manifast Ryot and breach of the peace, in invadeing and usurping the magistracy after that they were legally exautered and the pursuers Legally invested, And it Ought to be found and Declared that the pursuars were regularly and orderly elected, and the defenders not only discharged from troubling and disturbing them in the exercise of their offices in all time comeing Bot they ought to be Decerned in the soume of […] to be payed to the pursuars as the expenses of this process, and otherwayes to be punished in their persones and goods for the disturbance already given to the pursuers, and the manifast invasion and usurpation of their offices to the example of others to Committ the Like in time comeing And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeared personally before the saids Lords at ane certaine day now bygone To have answered to the forsaid Complaint And to have heard and seen such order and course taken therwith as appertained under the paine of rebellion etc As in the said Lybell or reconvention with the executiones therof at more Length is Contained, Which Lybells being both upon the Twentie second day of October instant Called in presence of his Majesties privy Councill and both the pursuars and the defenders in both processes Compearing personally except the said Hary Young and Androw Robison two of the pursuers in the principlall Lybell and defenders in the reconventione, and Sir Androw Home and Mr David Dalrymple and Mr John Murray Compearing as advocats for the haill pursuers in the principall cause who are defenders in the reconvention, and Sir Patrick Home Mr Frances Grant Mr Michaell Lumsdean and Mr William Calderwood Compearing as advocats for the haill defenders in the principall Cause who are also the pursuars in the reconventione, The principall Lybell and the Lybell of reconvention, and answers to both being read and a representation made for Captain Crupine being also read, And both parites Lawiers fully heard at the Councill barr His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered both the Lybells principall and reconvention with the respective answers made therto by aither partie They Remitted both the Lybell to the respective parties pursuers therof, their probatione and the witnesses in both processes haveing Compeared and made faith as they are marked in the roll His Majesties Commissioner and the Councill Nominated and appointed the Earles of Argyll Marr and Annandale, The Lord Justice Clerk and Mr Francis Montgomrie to be a Committie to exeemine the witnesses and Reserved all objectione which might made against the saids witnesses to be proponed and discust before the Committie And granted farder dilligence by Caption at either parties intances against the witnesses absent in their processes as marked in the roll against the […] day of […] nixt to come and Declared any thrie of the above wryten Committie to be a sufficient quorum and appointed them to meett the morow at ten in the forenoon Which Committie haveing accordingly meett upon the Twentie thrid day of the said moneth of October instant, They took and received the oathes and depositiones of diverse and sundrie famous witnesses Who being solemnly sworne Interogate and examined upon both the saids Lybells upon their oathes deponed and declared as their oaths and depositions extant in process bears, His Majesties high Commissioner and the Lods of his Majesties privy Councill haveing this day being the twentie fourth of october instant advised both the saids two processes, And haveing Considered both Lybells with the depositiones of the witnesses adduced in both the saids processes, and a petition given in for the said provest Simpson and his partie being read His Majesties Commissioner and the saids Lords of his Majesties privy Councill Do hereby Find that the election made upon the Threttie day of September last bypast of the Magistrats of Jedburgh Wherby the said Walter Scot is elected provest of Jedburgh, William Eliot, William Davidson, Thomas Cranstoune and Gilbert Eliot baillies John Davidson Dean of Gild, and Robert Richardsone Thesaurer of the said burgh Is Sufficient Legall and orderly, and appoints the saids Magistrats then elected and Chosen to continue and exercise the government of the Magistracy of the toune of Jedburgh dureing this ensueing year, and Have assoylzied and hereby Assoylzies the said provest Scot and other persones abovenamed elected Magistrates with him from the haill points and articles of the principall Lybell raised at Provest Simpson and his partie their instances against them, and Declares them quyt therof and free therfrae in all time comeing, and Have Discharged and hereby Discharges the said provest Simpson and remanent persones forsaids pursuers of the said principall Lybell to trouble or molest the said provest Scot and remanent persones forsaids Choisen magistrates with him in the peaceable possession brooking and enjoying of their saids offices to which they are Chosen as said is And Ordaines Letters of horning ane Fiftein dayes under the signet of Councill and others needfull to be direct hereon in forme as effeirs.

Att Edinburgh The Twentie fourth day of October one thousand seven hundred years

D1700/10/51

Judicial Proceeding

Decreet Provest Scot Against Provest Simpson

Anent the principal Lybell purchased and raised before the Lords of his Majesties privy Councill at the instance of Mr William Simpsone provest of Jedburgh Thomas Rutherfoord baillie James Robson baillie John Ainsley Deacon Conveener and James Smith toune thesaurer of the said burgh with concourse of Sir James Stewart his Majesties advocat making Mention That wherby the Lawes and acts of parliament Electiones within burgh ought to proceed regularly without tumult or disorder and specially it is provided by the 108 act parliament 14th James 3d That the electione of officars within burgh be without partiality or mastership, and sicklicke by the 87 act parliament 6th James 4th It is provyded that nae Nighbour in burgh usurp against the officars therof and farder by the 17th act parliament 18th James 6th It is provyded that non convocat or assemble within burgh Except They have License of the Magistrat, and that they do nothing in their meetting against the acts of parliament and queit of the burgh otherwayes the saids meeettings are declared seditious As also for preventing undue practises in the election of the Magistrates and Councill of Jedburgh It was specially enacted by the toune Councill of the said burgh That ther should be no Sollicitation used to obtaine votes for any man by advyseing intyseing or be ingadging the electors by oathes promisses or bonds and sicklicke by the 104 act parliament 7th James 5th It is Statute that if any maner of person murmurs any Judge he shall be punished with tinsell of honor fame and dignity and shall pay ane Payne arbitrall at the will of his Majestie and his privy Councill And farder by the undoubted Law and custome of this natione the Over awing of electiones by Imploying of Military force and for officers of the army to undertake or be Imployed in such unlawfull interprises, are Crimes of ane high nature and severly punishable, yet nevertheless William Davidson Baillie of the said burgh of Jedburgh, Gilbert Eliot Baillie, Walter Scot late provest William Eliot late baillie John Davidson dean of Gild James Richardson Councillor James Oliphant Late Baillie and Robert Richardsone Councillor in manifest Contempt of his Majesties authority and government are guilty of the breach of the saids haill Lawes and acts of parliament abovementioned and act of Councill In so farr as upon the tuenty fourth Twentie fifth Twentie sixth Twentie sventh, twentie eight twenty nynth and Threttie dayes of September Last or ane or other of the dayes of the said moneth, and upon the first second thrid fourth and fifth dayes of October The saids defenders were guilty of the aftermentioned Viz The said provest Simpsone haveing called the Councill upon the said twenty fourth of September Last for reviseing and recording the Commission granted by the said burgh to Walter Scott one of their Councillors to represent the said burgh in parliament and conforme to the custome of the burgh, and for reviseing the forsaids acts concerning abuses by subborning or solliciting of votes. The said William Davidson baillie and others his accomplices haveing laid the designe to pack a Councill and to turne out the said provest Simpson before the second year of his Magistracie, Did rise in a most tumultuous and insolent maner after the Commission in favors of the said Walter Scot was revised recorded and allowed, and after the saids acts concerning suborning and solliciting were read and the Councill Legally adjourned by the provest Then the said William Davidson and his other accomplices the defenders, Did Tumultuously insist That the Council should notwithstanding sitt and give out Leitts in order to ane electione, notwithstanding of the adjournment, and not being satisfied with insolent demands The said William Davidson did Lay violent hands on the said provest Simpson and forced him back towards the Bench violently which being against a principall maigstrat and ane old man was a most attrocious ryot, And wheras the saids pursuers protested and took instruments And sicklicke the saids defenders Continueing in their wilfull partiall and masterfull designe upon the Threttie of the said moneth of september in order to the election and the acts against solliciting and preingadging of votes being read in Councill, And therafter the said Robert Richardson one of the defenders being called up to give his oath in the termes of the said act and whither he was preingadged or not The said Walter Scot and William Davidsone and the other defenders did in a tumultary maner rise and insolently charged the said provest Simpson with subbornatione, And Craved that he might depone and purge himself in the termes of the act first notwithstand2 wherof the said defenders did continue tumultuary, and Judging it necessary for their violent designes, The said William Davidson Did Cry out in the Councill to call up Captain Cruppins whom they hade prepared and stood ready with his Company at the back of the Councill house in armes, and upon the first call he the said Captaine six or eight dragoons in armes to goe and stand at the back door of the Councill house, and who accordingly were placed ther and he himself with the rest of the troop went about to the foredoor with drums beatting and the said provest Simpson perceiving the violence and danger and haveing adjourned the Councill notwithstanding wherof the said Captain Cruppins haveing left his men in armes at both entries to the Councill house and haveing come up himself with some others of the souldiers to the Councill Chamber, He did by his presence animat the defenders that notwithstanding of ane adjurnment upon so weighte a Consideration and ane instrument and protest taken upon the account of the violence yet the saids defenders did Continue to sitt and proceeded to make a pretended election of provest Baillies Dean of Gild and thesaurer in dispyte of all Law and good government to the greiff of the good nighbours, and contrair to the priviledge of the Royall Burrowes, and albeit this pretended electione was established by wayes hardly ever heard off or knowen before, yet the saids defenders In pursuance of their wicked practises did falsely murmur and belye the said provest Simpson and the other pursuers to the officers of state and to his Majesties privy Councillors as being Irregullarly elected Wheras the election of the pursuers was most Just and fair at the precise day to which the Councill was adjourned viz the first of October instant And the saids defenders did insolently usurp and take upon them to act as magistrats notwithstanding of the forsaid Irregullarity before they hade any Warrand from publict authority By all which the saids defenders are guilty of the Contravention of the forsaid Lawes and are lyable to the paine thereincontained, and Therfore they ought to be Decerned to make payment to the said pursuers of the soume of […] as expenses of this proces and to be discharged to exerce the office of magistracy and Councillors to which they were elected upon the Threttie of September Last and declared incapable therof in time comeing and the said Captaine Cruppins for his forsaid Lawless overaweing the election to be punished by deprivation or otherwayes as the Lords of privy Councill shall think shall think3 fitt And he4 saids haill defenders to be punished in their persones and goods to the terror of others to Committ the Like in time comeing; And sicklicke for verifieing and proveing the premisses John Rutherfoord toune Clerk of the said burgh of Jedburgh ought to be discharged to produce the Councill books and minuts of election, and especially that act anent Suborning and solliciting abovementioned and the premisses being verified, The pursuers and others elected upon the first of October instant In so farr as they are not obnoxious to the Comfussion of this Lybell Ought to be reponed to the exercise and full possession and injoyment of the Magistracy and Councill Conforme to their respective stationes in the said burgh And Anent the Charge given to the haill forenamed persones defenders To have Compeared personally before the saids Lords at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines and alse the said John Rutherfoord for exhibiting and produceing the Councill books of the said burgh and minuts of election and specially that act anent suborning and solliciting abovementioned under the paine of rebellion etc as in the principall Lybell or Complaint raised in the said matter with the executiones therof at more length is Contained And sicklike Anent the Lybell or reconvention purchased and raised before the saids Lords of his Majesties privy Councill at the instance of Walter Scot present provest of Jedburgh, William Eliot William Davidsones Thomas Cranstoune and Gilbert Eliot present baillies of the said burgh, John Davidson dean of Gild Robert Richardsone Thesaurer for themselves and in name and behalf of the remanent members of the said burgh and Comunity Making Mention That wheras the invadeing and usurping the office and authority and magistracie and the disturbing the magistrates duely and legally elected in the exercises of their offices and authority are Crymes of ane high and hienous nature punishable by the Lawes and customes of this and all other weell governed nationes Nevertheless It is of verity that Mr William Simpson late provest Thomas Rutherfood and Harry Young Late baillies of the said burgh, James Smith, James Robertsone and Thomas Greive late thesaurers Androw Robertson appothecary, John Simpson Commissar depute John Broun Maltman, John Ainsly Cordinar George Best weaver Michaell Wauch Glasier Adam Robertsone flesher Thomas Ainsly wryter and Samuell Couper wright in the said burgh are guilty at least many of them are airt and pairt of ane gross and highneous usurpatione of the Office and Magistracy of the toune Councill of the said burgh of Jedburgh and of disturbing and mollesting the pursuers in the exercise of the offices of the Magistracy and Jurisdiction belonging to the Magistrats of the said burgh In so farr as albeit the said Walter Scot was regularly and orderly elected provest of the said burgh upon the threttie day of September Last, and the said William Eliot William Davidson, Thomas Cranstoune and Gilbert Eliot were all duely and regularly elected baillies of the said burgh, John Davidson dean of Gild Robert Richardsone Thesaurer, were also duely elected upon the said day, yet in manifast Contempt of the forsaid Legall electione and of the Lawes and acts of parliament for secureing and preserving the peace and queit of his Majesties government and protection of the Leidges Liveing under the same, The said Mr William Simpson and the other defenders abovenamed upon the threttie of September Last which was the precise peremptor day appointed by the Councill of the said burgh for the annuall election as appears by ane act of the said Councill dated the Twentie seventh of September Last, Finding that the said Mr William Simpson was not Like to be Chosen provest, And the rest of the defenders baillies and magistrats did endeavour to disturb the Councill of the burgh who were fully Conveened to the number of Threttie eight persones by hounding out messengers for apprehending severall persones Members of the Councill without any warrand from the parties And albeit the pretended debts were satisfied and payed, Bot their names neglected to be delate out of the Caption which were against in any debtors, yet these members of the Councill That the election might not be delayed, or any interuption made of the government in the toune upon their acccount Did peaceably remove themselves, and the Councill proceeded the election, And the said Walter Scot and remanent pursuers abovenamed were Chosen regullarly and orderly yet the said Mr William Simpson with a small party of the Councill to the number of fourtein did presume upon the Morow therafter to meett and make a new electione albeit the forsaid number of fourtein were not near a quorum of the Councill and so could not act, seing the quorum at ane election is at least Twentie one (the whole members at the electione being fourtie) as has alwayes been inviolably observed in the said burgh, and albeit the defenders were wholly exautered and the pursuers fully invested in the office of Magistracy by the Legall election forsaid, yet the defenders did furder proceed in their invasion and disturbance forsaid by seizing upon the keyes of the Tolbooth and Councill-house and forced the Jaylor to delyver the samen to them and the toune officers to attend them and did send a proclamation throw the said burgh for holding a head Court in their name and when the pursuers did stopp their forsaid proclamation by contrair orders untill another convenient time, The said Mr William Simpsone did with his own hand and others who was makeing intimation of the pursuers orders according to his duty and to Crown the work of the usurpation, and to make the Ryotous behaviour the more Conspicious to the world They did upon the Lords day therafter upon the forenoon take possession of the magistrates seatt in the Church designeing therby no doubt to make alse Much disturbance in the Church, as they made at the election, Bot the pursuers made no noice in the matter Bot the Lord Jedburgh being upon the place, and haveing received orders from his Majesties Commissioner concerning that affair did Discharge the defenders from sitting in the magistrates seatt and ordained the pursuers to take the possesion therof, and to Continue in the exercise of magistracy untill the matter were determined by the Lords of his Majesties privy Councill And Therfore the said defenders are guilty of ane open and manifast Ryot and breach of the peace, in invadeing and usurping the magistracy after that they were legally exautered and the pursuers Legally invested, And it Ought to be found and Declared that the pursuars were regularly and orderly elected, and the defenders not only discharged from troubling and disturbing them in the exercise of their offices in all time comeing Bot they ought to be Decerned in the soume of […] to be payed to the pursuars as the expenses of this process, and otherwayes to be punished in their persones and goods for the disturbance already given to the pursuers, and the manifast invasion and usurpation of their offices to the example of others to Committ the Like in time comeing And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeared personally before the saids Lords at ane certaine day now bygone To have answered to the forsaid Complaint And to have heard and seen such order and course taken therwith as appertained under the paine of rebellion etc As in the said Lybell or reconvention with the executiones therof at more Length is Contained, Which Lybells being both upon the Twentie second day of October instant Called in presence of his Majesties privy Councill and both the pursuars and the defenders in both processes Compearing personally except the said Hary Young and Androw Robison two of the pursuers in the principlall Lybell and defenders in the reconventione, and Sir Androw Home and Mr David Dalrymple and Mr John Murray Compearing as advocats for the haill pursuers in the principall cause who are defenders in the reconvention, and Sir Patrick Home Mr Frances Grant Mr Michaell Lumsdean and Mr William Calderwood Compearing as advocats for the haill defenders in the principall Cause who are also the pursuars in the reconventione, The principall Lybell and the Lybell of reconvention, and answers to both being read and a representation made for Captain Crupine being also read, And both parites Lawiers fully heard at the Councill barr His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered both the Lybells principall and reconvention with the respective answers made therto by aither partie They Remitted both the Lybell to the respective parties pursuers therof, their probatione and the witnesses in both processes haveing Compeared and made faith as they are marked in the roll His Majesties Commissioner and the Councill Nominated and appointed the Earles of Argyll Marr and Annandale, The Lord Justice Clerk and Mr Francis Montgomrie to be a Committie to exeemine the witnesses and Reserved all objectione which might made against the saids witnesses to be proponed and discust before the Committie And granted farder dilligence by Caption at either parties intances against the witnesses absent in their processes as marked in the roll against the […] day of […] nixt to come and Declared any thrie of the above wryten Committie to be a sufficient quorum and appointed them to meett the morow at ten in the forenoon Which Committie haveing accordingly meett upon the Twentie thrid day of the said moneth of October instant, They took and received the oathes and depositiones of diverse and sundrie famous witnesses Who being solemnly sworne Interogate and examined upon both the saids Lybells upon their oathes deponed and declared as their oaths and depositions extant in process bears, His Majesties high Commissioner and the Lods of his Majesties privy Councill haveing this day being the twentie fourth of october instant advised both the saids two processes, And haveing Considered both Lybells with the depositiones of the witnesses adduced in both the saids processes, and a petition given in for the said provest Simpson and his partie being read His Majesties Commissioner and the saids Lords of his Majesties privy Councill Do hereby Find that the election made upon the Threttie day of September last bypast of the Magistrats of Jedburgh Wherby the said Walter Scot is elected provest of Jedburgh, William Eliot, William Davidson, Thomas Cranstoune and Gilbert Eliot baillies John Davidson Dean of Gild, and Robert Richardsone Thesaurer of the said burgh Is Sufficient Legall and orderly, and appoints the saids Magistrats then elected and Chosen to continue and exercise the government of the Magistracy of the toune of Jedburgh dureing this ensueing year, and Have assoylzied and hereby Assoylzies the said provest Scot and other persones abovenamed elected Magistrates with him from the haill points and articles of the principall Lybell raised at Provest Simpson and his partie their instances against them, and Declares them quyt therof and free therfrae in all time comeing, and Have Discharged and hereby Discharges the said provest Simpson and remanent persones forsaids pursuers of the said principall Lybell to trouble or molest the said provest Scot and remanent persones forsaids Choisen magistrates with him in the peaceable possession brooking and enjoying of their saids offices to which they are Chosen as said is And Ordaines Letters of horning ane Fiftein dayes under the signet of Councill and others needfull to be direct hereon in forme as effeirs.

1. NRS, PC2/28, 12r-16v.

2. Sic.

3. Sic.

4. Sic.

1. NRS, PC2/28, 12r-16v.

2. Sic.

3. Sic.

4. Sic.

Sederunt, 24 October 1700, Edinburgh

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Att Edinburgh The Twentie fourth day of October one thousand seven hundred years1

D1700/10/42

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill p: C; Earl of Argyle; Earl of Mortone; Earl of Galloway; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Finlator; Earl of Anandale; Earl of Kintoir; Viscount Seafeild S:; Lord Jedburgh; Lord Carmichell S:; Lord Forbes; Lord President of Session; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Crossrig; Mr Frances Montgomery; Lord Provest of Edinburgh

Att Edinburgh The Twentie fourth day of October one thousand seven hundred years1

D1700/10/42

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill p: C; Earl of Argyle; Earl of Mortone; Earl of Galloway; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Finlator; Earl of Anandale; Earl of Kintoir; Viscount Seafeild S:; Lord Jedburgh; Lord Carmichell S:; Lord Forbes; Lord President of Session; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Crossrig; Mr Frances Montgomery; Lord Provest of Edinburgh

1. NRS, PC2/28, 11v.

2. NRS, PC2/28, 11v.

1. NRS, PC2/28, 11v.

2. NRS, PC2/28, 11v.