Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Eleventh day of June J^aj vj^c nyntie six years

A1696/6/38

A1696/6/38¹

Decreet

Decreit Lord Advocat Against Coatmure Folk

Anent the lybell raised and pursued before the Lords of his Majesties privie Councell att the instance of Sir James Steuart his Majesties Advocat for his highnes Intrest in the matter underuryten Mentioning That wher by the Law of God and the Laus of this and all other uell Governed realms all men are Bound to honour the King and to be subject and obedient to the pouer sett over them And that to disoun or speak reproachfullie of his Majestie or the Lords of his privie Counsell and others Intrusted by and under his Majestie in the Government are Crimes of a high nature and ought to be severely punished nevertheless it is of veritie that John and Andrew Harlayes tuo Coatmuir Lades As also Margaret Harlay their sister Grissell Sproutts spouse to […] now in Ireland and Mary Sproutts her sister three Coatmuire uomen now all prisoners in the Cannongate tolbooth, shaking off all fear of God and respect to his Majesties sacred persone Laws and Government are Guiltie of the forsaids Crymes In sua farr as the forsaid John and Andrew Harlays Have now for the space of more then tuo years that they were Imprisoned in the said tolbooth as deserters Contuniallie upon all occasions disouned his majesties authoritie and blasphemed and reproached his majesties sacred persone and Government and the authority and persons of the Lords of his Majesties privie Councill and of his majesties officers of state and others Intrusted by his majestie and that both by word and wryting And particularly The said John and Androw Harlays being brought by order of the Lords of his Majesties privie Counsell to appear before a Committie of their Number upon the second third or fourth of this Instant month of June to be examined They in face of the saids Lords of privie Councill openly disouned and reproached his majesties sacred persone and Government affirming That they neither were nor Could be subject and obedient to his Majestie As also they refuised when requyred and that with ane offer of Libertie to Bind themselves to Live peacably and quietly And so Great is their wickednes and madness that they refuised so much as to bind themselves not to molest or Injure or any ways Invade our other Good subjects or to be subject to any Law or Good order And when for these things they uere ordered back to prisone The saids Margaret Harlay Grissell and Mary Sprouts their Complices and partakers of the same wickednes and madnes Did openly exclaime against the saids Lords of his Majesties privie Counsell and his majesties officers and Government Both in the outter Councell Chamber and upon the high streets of Edinburgh Calling the Lords of his majesties privie Councill Bloody persecuters and persecuting Rascalls and Imprecating upon them and his majesties officers many Cursings and threatnings To the hearing of hundreds off which Crymes the forsaids persons being guiltie airt and pairt They ought to be severely punished in their persons and Goods To the Example and terror of others to Committ and doe the Lyke in tyme Coming and Anent the charge given to the saids Defenders To have Compeared personallie before the saids Lords of his Majesties privie Councell att ane Certaine day now bygone To have ansuered to the Grounds of the said Complaint And to have heard and seen such order and Course taken theruith as the saids Lords of privie Counsell should think fitt as in the said principall Lybell and executiones therof more is Contained Which Lybell Being upon nynth day of June Instant Called in presence of the saids Lords of his Majesties privie Councill And his Majesties Advocat and Sir Patrick Home his Majesties Sollicitor Compearing personallie as pursuars for his Majesties Intrest And the haill five Defenders Compearing personallie being brought from the Cannongate prisone The saids Lords having Heard both parties and Having Considered the Lybell They admitted the same to probatione And the witnesses being present at the barr and having made faith The saids Lords appointed a Committie of their oune Number to examine the uitnesses Reserving objectiones to be propouned and discust before the Committie which Committie Having accordingly mett The pursuars adduced diverse and sundrie famous uitnesses who being all solemnly suorne and examined Deponed and declared as their oaths and depositions extant in proces bears And The saids Lords of his Majesties privie Councill Having this day Considered the said Lybell uith the oaths and depositions of the uitnesses adduced for proving the points and articles thereof They Find the Lybell proven And Decernes and ordaines the haill defenders to be transported from the tolbooth of Edinburgh to the places afternamed viz the said John Harlay to the Castle of Dumbartoun and the said Androw Harlay to the Isle of the Bass And the saids Margaret Harlay and Grissell and Mary Sprouts to the Correction house of Edinburgh And Recommends to Sir Thomas Livingstoun Commander in Cheiff of his Majesties forces uithin this Kingdome to Cause Convey the said John and Androw Harlays to the Castle of Dumbartoun and Isle of the Bass respective under sufficient guairds And appointes the magistrats of Edinburgh to delyver them to and the Commander or officer of Dumbartoune and the Bass to receave them from the Guairds and to detaine them prisoners till further order And to suffer noe persons of their wyld or extravogant principles to have access to them or to speak or Converss uith them And appoints the saids magistrats of Edinburgh to transport the saids three uomen under a Guaird from the tolbooth to the Correction house of Edinburgh and to putt them in a back roume And to detaine them prisoners ther till further order And to suffer none of there principles to have access to them or speak or Converss uith them And Recommends to the Lords Commissioners of his Majesties Thesaury to modifie a suitable aliment for the subsistance of the saids haill persons And to appoint the Cashkeeper to make due and punctuall payment thereof to them