Decreet, 1 May 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the First day of May Jaj vjc nyntie four years

D1694/5/21

Decreet

Decreet of Certificatione Weir qra Steill

Forasmuchas Anent the lybell of Complaint raised before the Lords of their majesties privy Councill be Thomas Weir Chirurgeon in Edinburgh and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Makeing Mention That quher by the lawes of this and all other weell governed nationes all fraud and fraudfull abuses are and ought to be discharged and every man mantained in his Just right and priviledge according to the true Import therof nevertheless It is of verity that the deceast Doctor Patrick Andersone haveing Composed a pill which was thought very helpfull and advantageous to all the users therof he left the secret of Compositione therof to his two daughters as the best part of their portiones Lykeas Kathrin Anderson the surviver of the said two daughters was pleased after he hade received severall good deeds and kyndnesses from the pursuer and was satisfied with his skill in Composeing of the said pill by her directione not only to comunicat to him the secreet therof, But to Dispone and make over to him all the right and intrest she hade therin togither with the true and only seall and stampt quherwith the boxes and papers of the saids pills are sealled with the severall other vessells matterialls and instruments for Composeing and dispersing the same are her dispositione of the fiftein day of December Jaj vjc Eightie six years particularly expressing that she had taught him and non others to Compose and make the samen before her self therwith produced bears Wherupon the said pursuer haveing successfully Composed and vended the saids pills did therafter obtaine the kings letters patent giveing and Disponeing to him the sole power right and priviledge to prepair Compose and vend the forsaid pile with power to him to use the said seall and stamp formerly used by the said Katharin Andersone for marking the forsaid papers and boxes for all the dayes and years of the pursuers liftyme And Farder Discharging all other persones dureing the said space directly or indirectly to prepair Compound dispense or vend any pile or piles under the name of Doctor Andersones pill or papers relateing therto, without the pursuers speciall License under the paine of ane Thousand merks scots for ilk Contraventione Recomending to the Lords of privy Councill and other Judicationes of his majesties antient kingdom to see the premisses made effectuall as the said letters patent under the great seall dated the nyntein day of May Jaj vjc Eightie seven years with the printed publicatione by order of their majesties privy Councill dated the second day of August the said year both therwith produced In pursueance of quhich right and gift under the great seall the pursuer did the same year apply to the Lords of privy Councill for to have one Thomas Steill a merchant who pretended to have gott some secreet restrained and Discharged from abuseing people with his sofisticat Compositiones and usurping the pursuers right and priviledge But he haveing got at that time ane old woman, Jannet Haistie reliect of ane Taylor in the Cannogate to swear that she hade got the recept of the forsaid pile from the said Kathrin Andersone and that she hade delivered the same to the said Thomas Steill The saids Lords of privy Councill appointed a Comittie to hear both parties, who demanding of them that they should make knowen their recepts to be Compared and Considered, And the pursuer as the truer man and haveing the better right refuseing to doe the same because of his oath given to Katherin Andersone and the express condition of his patent and the hazard of Devulging the secret, And Thomas Steill on the other hand freely Imparting his recept as being indeed willing to Divid the Child that was not his oun The Lords were pleased at that time to find the pursuer Contimacious and to declair and ordaine that the said Thomas Steill might Compose Dispense and vend his piles under the name of Doctor Andersones piles alse weell as the pursuer since which time the said Thomas Steill hath not only abused men both at home and a broad in England and else wher by his saids soffisticat pile falsiefieing the forsaid seall and stampt that he may therby more effectually deceive But hath of late Caused print and spread ane advertisment at London wherin he falsely asserts that the secret of Composeing the said pile is only knowen to him, And that the Lords of Councill in Scotland had found the samen to be proven against the pursuer to be 2 only a pretender to the said secret and that his said gift was by him wrongeously Impetrat from the late King James, Wherupon the said Thomas Steill falsely afirmes that the Lords of Councill granted him ane act in his favors Reduceing the forsaid Grant of King James And Declareing the pursuers pile to be false and Counterfeitt as one of the said prints therwith produced would testifie, Wherby it is manifast that the forsaid print published against the pursuer is a notorious falsehood and defamatione in so farr as the pursuer does produce Katherin Andersones wryt and Disposition Declareing she hade taught him and no other to Compose the said pile, and this Disposition and Declaration is by her oun order written by a wryter to the signet subscryved before fameous witnesses, Which is all the instructione that is necessary to clear the truth of the matter In favors of the pursuer, And one the other part Thomas Steill has no maner of Instruction that his recept is true but the assertion of ane old woman who depones Kathrin Anderson hade given her this recept of Steills above a year before her death Wherof She Declared Solemnly in the pursuers rights that she hade taught him only and no other persone to Compose the said pile Lykeas the said pursuer is manifastly injurred by the said Thomas Steill and abused in his Just right and priviledge, And Therfore Ought and should be Decerned not only disoune and disclaime the forsaid print as false and defamatione But also to pay the said paine of ane Thousand merks for his Contraveening the pursuers letter patent and act of Councill in his favors It being evident, That any Licence Impetrat by him from the Lords of Councill as said is, could never allow him abuse defame and Injure the pursuer as he hath done or to obtrude his piles as the only true piles and reproach the persuars pilers as false and Counterfeit as also It ought and should be found and declared by the saids Lords of privy Councill fore heirafter that the pursuer was not Contumacious in refuseing to reveall the said secret since he hade so Just a a3 Scruple for his excuse and farder that the said Thomas Steill hath Justly forfaulted and ammitted by his forsaid abusive practisses the libertie that he Impetrat from the Lords of Councill in maner above narrated, And that from this time furth the pursuer hath the only rytes to the forsaid secret and to Compose and vend the said piles under the name of Doctor Andersones piles and to use the said seall or stampt for verificatione therof, And that the said Thomas Steill and all others pretenders without License from the pursuer are falsecies and Impostures And Therfore he and they ought and should be Decerned to desist from Composeing or vending the saids piles in all time comeing under the said paine of ane Thousand merks for each Contraventione Toties quoties and all shirreffs, magistrats and other Judges within this kingdome should be authorize to Cognose upon and punish the said Contraveeners in maner forsaid and lastly and alsoe the pursuer Ought to be allowed and ordained to print and publish the Decreet or act of the Lords of privy Councill to be given heirupon and to take such other methods for the due publishing of his right and Discovering and Disappointing the abuses and frauds of the said Thomas Steill in the premisses as accords And Anent the Charge Given to the said Thomas Steill defender To have Compeired before the saids Lords of ther majesties privy Councill at ane certaine 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 forsaid Lybell or Complaint and executiones therof at more leanth is Contained Which being this day called in presence of the saids Lords of their majesties privy Councill And the said pursuer Compeiring personally with Sir James Stewart ther majesties advocat and Mr Hew Dalrymple advocat his procurator and the saids Thomas Steill defender being lawfullie cited oft times called and not Compeiring The Lords of their Majesties privy Councill Haveing Considered the Lybell with the disposition in the pursuers favors and gift under the great seall and printed publicatione therof with a printed Copie of Thomas Steills advertisment Togither with a petition given in be Elizabeth Steill sister to the defender They heirby Grant Certification against the said Thomas Steill defender In Respect of his absence and not Compeirance And Ordaines letters of Denunciation to be direct to macers or messengers at armes To pass to the Marcat Cross of […] and other places needfull and their in their majesties names and authoritie Duely Lawfully and orderly Denounce the said Thomas Steill their Majesties rebell and put him to the horne escheat and inbring all his moveable goods and geir to our use for his contemption and disobedience.

Edinburgh the First day of May Jaj vjc nyntie four years

D1694/5/21

Decreet

Decreet of Certificatione Weir qra Steill

Forasmuchas Anent the lybell of Complaint raised before the Lords of their majesties privy Councill be Thomas Weir Chirurgeon in Edinburgh and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Makeing Mention That quher by the lawes of this and all other weell governed nationes all fraud and fraudfull abuses are and ought to be discharged and every man mantained in his Just right and priviledge according to the true Import therof nevertheless It is of verity that the deceast Doctor Patrick Andersone haveing Composed a pill which was thought very helpfull and advantageous to all the users therof he left the secret of Compositione therof to his two daughters as the best part of their portiones Lykeas Kathrin Anderson the surviver of the said two daughters was pleased after he hade received severall good deeds and kyndnesses from the pursuer and was satisfied with his skill in Composeing of the said pill by her directione not only to comunicat to him the secreet therof, But to Dispone and make over to him all the right and intrest she hade therin togither with the true and only seall and stampt quherwith the boxes and papers of the saids pills are sealled with the severall other vessells matterialls and instruments for Composeing and dispersing the same are her dispositione of the fiftein day of December Jaj vjc Eightie six years particularly expressing that she had taught him and non others to Compose and make the samen before her self therwith produced bears Wherupon the said pursuer haveing successfully Composed and vended the saids pills did therafter obtaine the kings letters patent giveing and Disponeing to him the sole power right and priviledge to prepair Compose and vend the forsaid pile with power to him to use the said seall and stamp formerly used by the said Katharin Andersone for marking the forsaid papers and boxes for all the dayes and years of the pursuers liftyme And Farder Discharging all other persones dureing the said space directly or indirectly to prepair Compound dispense or vend any pile or piles under the name of Doctor Andersones pill or papers relateing therto, without the pursuers speciall License under the paine of ane Thousand merks scots for ilk Contraventione Recomending to the Lords of privy Councill and other Judicationes of his majesties antient kingdom to see the premisses made effectuall as the said letters patent under the great seall dated the nyntein day of May Jaj vjc Eightie seven years with the printed publicatione by order of their majesties privy Councill dated the second day of August the said year both therwith produced In pursueance of quhich right and gift under the great seall the pursuer did the same year apply to the Lords of privy Councill for to have one Thomas Steill a merchant who pretended to have gott some secreet restrained and Discharged from abuseing people with his sofisticat Compositiones and usurping the pursuers right and priviledge But he haveing got at that time ane old woman, Jannet Haistie reliect of ane Taylor in the Cannogate to swear that she hade got the recept of the forsaid pile from the said Kathrin Andersone and that she hade delivered the same to the said Thomas Steill The saids Lords of privy Councill appointed a Comittie to hear both parties, who demanding of them that they should make knowen their recepts to be Compared and Considered, And the pursuer as the truer man and haveing the better right refuseing to doe the same because of his oath given to Katherin Andersone and the express condition of his patent and the hazard of Devulging the secret, And Thomas Steill on the other hand freely Imparting his recept as being indeed willing to Divid the Child that was not his oun The Lords were pleased at that time to find the pursuer Contimacious and to declair and ordaine that the said Thomas Steill might Compose Dispense and vend his piles under the name of Doctor Andersones piles alse weell as the pursuer since which time the said Thomas Steill hath not only abused men both at home and a broad in England and else wher by his saids soffisticat pile falsiefieing the forsaid seall and stampt that he may therby more effectually deceive But hath of late Caused print and spread ane advertisment at London wherin he falsely asserts that the secret of Composeing the said pile is only knowen to him, And that the Lords of Councill in Scotland had found the samen to be proven against the pursuer to be 2 only a pretender to the said secret and that his said gift was by him wrongeously Impetrat from the late King James, Wherupon the said Thomas Steill falsely afirmes that the Lords of Councill granted him ane act in his favors Reduceing the forsaid Grant of King James And Declareing the pursuers pile to be false and Counterfeitt as one of the said prints therwith produced would testifie, Wherby it is manifast that the forsaid print published against the pursuer is a notorious falsehood and defamatione in so farr as the pursuer does produce Katherin Andersones wryt and Disposition Declareing she hade taught him and no other to Compose the said pile, and this Disposition and Declaration is by her oun order written by a wryter to the signet subscryved before fameous witnesses, Which is all the instructione that is necessary to clear the truth of the matter In favors of the pursuer, And one the other part Thomas Steill has no maner of Instruction that his recept is true but the assertion of ane old woman who depones Kathrin Anderson hade given her this recept of Steills above a year before her death Wherof She Declared Solemnly in the pursuers rights that she hade taught him only and no other persone to Compose the said pile Lykeas the said pursuer is manifastly injurred by the said Thomas Steill and abused in his Just right and priviledge, And Therfore Ought and should be Decerned not only disoune and disclaime the forsaid print as false and defamatione But also to pay the said paine of ane Thousand merks for his Contraveening the pursuers letter patent and act of Councill in his favors It being evident, That any Licence Impetrat by him from the Lords of Councill as said is, could never allow him abuse defame and Injure the pursuer as he hath done or to obtrude his piles as the only true piles and reproach the persuars pilers as false and Counterfeit as also It ought and should be found and declared by the saids Lords of privy Councill fore heirafter that the pursuer was not Contumacious in refuseing to reveall the said secret since he hade so Just a a3 Scruple for his excuse and farder that the said Thomas Steill hath Justly forfaulted and ammitted by his forsaid abusive practisses the libertie that he Impetrat from the Lords of Councill in maner above narrated, And that from this time furth the pursuer hath the only rytes to the forsaid secret and to Compose and vend the said piles under the name of Doctor Andersones piles and to use the said seall or stampt for verificatione therof, And that the said Thomas Steill and all others pretenders without License from the pursuer are falsecies and Impostures And Therfore he and they ought and should be Decerned to desist from Composeing or vending the saids piles in all time comeing under the said paine of ane Thousand merks for each Contraventione Toties quoties and all shirreffs, magistrats and other Judges within this kingdome should be authorize to Cognose upon and punish the said Contraveeners in maner forsaid and lastly and alsoe the pursuer Ought to be allowed and ordained to print and publish the Decreet or act of the Lords of privy Councill to be given heirupon and to take such other methods for the due publishing of his right and Discovering and Disappointing the abuses and frauds of the said Thomas Steill in the premisses as accords And Anent the Charge Given to the said Thomas Steill defender To have Compeired before the saids Lords of ther majesties privy Councill at ane certaine 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 forsaid Lybell or Complaint and executiones therof at more leanth is Contained Which being this day called in presence of the saids Lords of their majesties privy Councill And the said pursuer Compeiring personally with Sir James Stewart ther majesties advocat and Mr Hew Dalrymple advocat his procurator and the saids Thomas Steill defender being lawfullie cited oft times called and not Compeiring The Lords of their Majesties privy Councill Haveing Considered the Lybell with the disposition in the pursuers favors and gift under the great seall and printed publicatione therof with a printed Copie of Thomas Steills advertisment Togither with a petition given in be Elizabeth Steill sister to the defender They heirby Grant Certification against the said Thomas Steill defender In Respect of his absence and not Compeirance And Ordaines letters of Denunciation to be direct to macers or messengers at armes To pass to the Marcat Cross of […] and other places needfull and their in their majesties names and authoritie Duely Lawfully and orderly Denounce the said Thomas Steill their Majesties rebell and put him to the horne escheat and inbring all his moveable goods and geir to our use for his contemption and disobedience.

1. NRS, PC2/24, 393r-395v.

2. The word ‘the’ scored out here.

3. Sic.

1. NRS, PC2/24, 393r-395v.

2. The word ‘the’ scored out here.

3. Sic.