Decreet, 11 October 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh The Eleventh day of October Jaj vjc Nyntie two years

D1692/10/51

Decreet

Decreet and Remitt Roxburgh and his Curators Against The Wrights in the Cannogate

Anent our Soveraigne Lord and Ladies letters raised and pursued befor the Lords of their majesties privy Councill be Robert Earle of Roxburgh Margrat Countes of Roxburgh, John Lord Hay of Yester Mr David Hay his brother, Sir James Hay of Linplum and Sir William Kerr of Greenhead his Curators and William Simervell wright burges of Edinburgh and Sir William Lockhart their majesties solicitor for their highnes intrest in the matter underwritten Mentioning That quher albeit by the lawes and constitutiones of this and all other weell governed nationes the troubling and molesting persones in the peacable possessiones of their lands lodgings and heritadges without any Just ground of Law be a cryme of a high nature and severly punishable, yet true It is that the Said Robert Earle of Roxburgh Stands infeft under the great seall In all and haill ane lodging and tenement of Land with ane yeard parts pendicles and pertinents therof Lying in the Cannogate, And that the deceast Robert Earle of Roxburgh his great Grand fathers father Reserved the said lodging and tenement when he made ane Dispositione of the Cannogate in favors of the Magistrats of Edinburgh In anno Jaj vjc Threttie Six To be holden of his majestie and his Successors and ever since that tyme the said Earle and his predecessors have peacably enjoyed the said lodging and its pertinents free of all burdeens and Impositiones cessing quarterings Or any other incumberances that the inhabitants of the said Cannogate ware subject and Lyable unto Notwithstanding quherof Thomas Kinloch present Deacon of the wrights in the said Cannogate Did at his oun hand or by some other at his order and directione came violently upon saturday being the first of October instant betwixt Eleven and Twelve hours in the forenoon or therby to the said lodging and their seized upon the haill workloomes belonging to the said William Simervell wright who was Imployed by the said Earle or his Curators to work in the said Lodging, And the said work loomes ware caried away by the said Thomas Kinloch or by his order And are yet still detained by him albeit he was Requyred on the thrid day of October instant under the forme of instrument to deliver the said work-Loomes back which he altogither refused to doe And Therfore the said Thomas Kinloch is guilty of ane manifast Ryot injurie and oppression and ought not only to be punished in his persone and goods to the terror of others to comitt the like in tyme comeing, Bot also he ought to be Decerned to deliver back the saids work loomes to the said William Simervell in alse good conditione as when they took them away of the Soume of […] money as the Just price therof and also Ought and Should be Decerned to desist and sease from troubling the said Earle of Roxburgh in the peaceable possession of the said lodging, And pertinents of the Samen, And it Ought to be found and Declared, That the said Robert Earle of Roxburgh have power and liberty to Imploy what workmen the said Earle pleases to work in the said Lodging whither they be freemen in the Cannogate or not In Respect the said Earle of Roxburgh holds the said lodging of the King and of no other And Anent the charge given to the said defender To have Compeired personally this day before the saids Lords to have answered to the grounds of the abovewritten Complaint And to have heard and seen himself Decerned to Deliver back to the said William Simervell the said work Loomes in alse good conditione as when he took them away or the Soume of […] Scots money as the Just price therof And also to hav heard and Seen himself Decerned to desist and sease from troubling the said Robert Earle of Roxburgh in the peacable possessione of the said lodging and pertinents of the same And to have heard and seen it found and Declared That the said Earle have power and libertie to Imploy what workmen the said Earle pleases to work in the said lodging, whither they be freemen in the Cannogate or not In Respect the said Earle holds the said lodging of the king and no other as the forsaid Lybell and executiones therof in them selves more fully proports, Which Lybell being this day called in presence of the saids Lords of Privy Councill And Sir David Thoris Advocat Compeiring for the pursuars and the said defender Compeiring Personally with Sir Robert Colt advocat his procurator The Lords of their majesties privy Councill Haveing Considered the above Lybell and answers made thereto for the defender They heirby Ordaine the said Thomas Kinloch defender to restore and deliver Thomas Kinloch defender to restore and deliver back the above William Simervell one of the pursuars the above Looms taken be the difender from him, And Remits the point of Right in the Competition betwixt the Earle of Roxburgh and the wrights in the Cannogate to the Saids Lords to proceid and determine in this matter Sumarly, without necessitie of abyding the course of the roll And ordaines letters of horning on fiftein dayes and others needfull to be direct heiron.

Edinburgh The Eleventh day of October Jaj vjc Nyntie two years

D1692/10/51

Decreet

Decreet and Remitt Roxburgh and his Curators Against The Wrights in the Cannogate

Anent our Soveraigne Lord and Ladies letters raised and pursued befor the Lords of their majesties privy Councill be Robert Earle of Roxburgh Margrat Countes of Roxburgh, John Lord Hay of Yester Mr David Hay his brother, Sir James Hay of Linplum and Sir William Kerr of Greenhead his Curators and William Simervell wright burges of Edinburgh and Sir William Lockhart their majesties solicitor for their highnes intrest in the matter underwritten Mentioning That quher albeit by the lawes and constitutiones of this and all other weell governed nationes the troubling and molesting persones in the peacable possessiones of their lands lodgings and heritadges without any Just ground of Law be a cryme of a high nature and severly punishable, yet true It is that the Said Robert Earle of Roxburgh Stands infeft under the great seall In all and haill ane lodging and tenement of Land with ane yeard parts pendicles and pertinents therof Lying in the Cannogate, And that the deceast Robert Earle of Roxburgh his great Grand fathers father Reserved the said lodging and tenement when he made ane Dispositione of the Cannogate in favors of the Magistrats of Edinburgh In anno Jaj vjc Threttie Six To be holden of his majestie and his Successors and ever since that tyme the said Earle and his predecessors have peacably enjoyed the said lodging and its pertinents free of all burdeens and Impositiones cessing quarterings Or any other incumberances that the inhabitants of the said Cannogate ware subject and Lyable unto Notwithstanding quherof Thomas Kinloch present Deacon of the wrights in the said Cannogate Did at his oun hand or by some other at his order and directione came violently upon saturday being the first of October instant betwixt Eleven and Twelve hours in the forenoon or therby to the said lodging and their seized upon the haill workloomes belonging to the said William Simervell wright who was Imployed by the said Earle or his Curators to work in the said Lodging, And the said work loomes ware caried away by the said Thomas Kinloch or by his order And are yet still detained by him albeit he was Requyred on the thrid day of October instant under the forme of instrument to deliver the said work-Loomes back which he altogither refused to doe And Therfore the said Thomas Kinloch is guilty of ane manifast Ryot injurie and oppression and ought not only to be punished in his persone and goods to the terror of others to comitt the like in tyme comeing, Bot also he ought to be Decerned to deliver back the saids work loomes to the said William Simervell in alse good conditione as when they took them away of the Soume of […] money as the Just price therof and also Ought and Should be Decerned to desist and sease from troubling the said Earle of Roxburgh in the peaceable possession of the said lodging, And pertinents of the Samen, And it Ought to be found and Declared, That the said Robert Earle of Roxburgh have power and liberty to Imploy what workmen the said Earle pleases to work in the said Lodging whither they be freemen in the Cannogate or not In Respect the said Earle of Roxburgh holds the said lodging of the King and of no other And Anent the charge given to the said defender To have Compeired personally this day before the saids Lords to have answered to the grounds of the abovewritten Complaint And to have heard and seen himself Decerned to Deliver back to the said William Simervell the said work Loomes in alse good conditione as when he took them away or the Soume of […] Scots money as the Just price therof And also to hav heard and Seen himself Decerned to desist and sease from troubling the said Robert Earle of Roxburgh in the peacable possessione of the said lodging and pertinents of the same And to have heard and seen it found and Declared That the said Earle have power and libertie to Imploy what workmen the said Earle pleases to work in the said lodging, whither they be freemen in the Cannogate or not In Respect the said Earle holds the said lodging of the king and no other as the forsaid Lybell and executiones therof in them selves more fully proports, Which Lybell being this day called in presence of the saids Lords of Privy Councill And Sir David Thoris Advocat Compeiring for the pursuars and the said defender Compeiring Personally with Sir Robert Colt advocat his procurator The Lords of their majesties privy Councill Haveing Considered the above Lybell and answers made thereto for the defender They heirby Ordaine the said Thomas Kinloch defender to restore and deliver Thomas Kinloch defender to restore and deliver back the above William Simervell one of the pursuars the above Looms taken be the difender from him, And Remits the point of Right in the Competition betwixt the Earle of Roxburgh and the wrights in the Cannogate to the Saids Lords to proceid and determine in this matter Sumarly, without necessitie of abyding the course of the roll And ordaines letters of horning on fiftein dayes and others needfull to be direct heiron.

1. NRS, PC2/24, 126v-128r.

1. NRS, PC2/24, 126v-128r.