Att Edinburgh the Twelth day of September Jaj vic Nyntie Nyne years
D1699/9/2
D1699/9/21
Decreet
Decreet Cochran of Ferguslie Against Spence and others
Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privy Councill at the instance of William Cochran of Ferguslie tacksman of the pole with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mentione That wher by the act of Parliament Jaj vic nyntie Eight entituled act anent pole money ther was ane Subsidie to be uplifted by way of pole money offered to his majestie, and by his majestie and Estates of parliament Laid upon the persones and according to the Characters and Conditiones particularly Sett doune in the said act Wherby they were made Lyable to pay their respective proportiones therof in maner therin contained Nevertheless It is of verity that the persones aftermentioned are lyable in the termes of the said act for the respective proportiones according to the tenor thereof Refuse to make payment of the Same as first wher by the said act Its Statute that such as doe not Compear or send under their hands names qualities and values of their estates or give up the Same Otherwayes then it Should be Shall be Lyable in the quadruple of their pole yet Alexander Hodge merchant in Bristo Patrick Cowie tanner in Westkirk parish and Thomas Sheills in Bruchtoune who did not give up their names qualities and values as said is, at least whose names are not Contained in the books returned from the Shyres to the Thesaury in maner appointed by the said act Refuse to pay the said quadruples which according to their Character and Condition by the forsaid act extends to the Soume of […] Item wheras by the said act all heritors of sixtie pound of valued rent or above are Lyable in the proportiones therin sett doune yet […] Brown daughter to John Brown wryter in Edinburgh and John Gordon of Kingoody her husband and […] Lady Blockhouse her mother, Margrat Murray relict of William Megget of Mastertoune in Newbotle parish […] Megget her sone heritors of the valued rent of […] Refuse to pay them proportion alledging their Lands or at least a part of it to be liferented and […] the lyfrentar does also pretend that they are not lyable albeit by the act of parliament both heritor and liferenter Ought to pay in the termes therof Item wheras by the said act of parliament Doctors of Medicine, appothecaries Chirurgeons and others repute such are to pay twelve pounds of pole, yet true it is that Robert Kirkland in Obergogar, William Gordon elder of Whelpsid and John Reid at Preistfeild who ordinary draw blood performe Chirurgicall cures or give potions or other applicationes of Medicine or give advyce to that effect, and takes money for the same Refuses to pay the forsaid twelve pounds as also Robert Halyburtone and John Forest merchants in Edinburgh haveing houses and burrow aikers and not valued in the valuations of the Shyre Refuse to pay for the Same as free Stock and albeit they be valued, yet since their valuatione extends not to sixtie pounds to make the saids persones Lyable under that class Nevertheless the said housses and ailers ought to be reckoned a part of their free Stock, and they ought to pay for the same under that notione Item Wheras by the said act of parliament all wryters not to the Signet are ordained to pay a pole of the six pounds Scots, yet William Robisone Servitor to James Hamilton of Bemgaur advocat Lodovick Spence and Robert Spence wryters in Edinburgh pretending to be Servants to the Lords of Session or advocats or only agents or wryters in other mens Chambers albeit they really be or at least designe themselves wryters and wryters in Edinburgh and Service his majesties Leidges by themselves without the dictament of a master and take money for the same Refuse to pay the said six pounds Scots By all which its evident that the forsaids persones are lyable and ought to make payment of the Soumes above lybelled, And that they ought to be declared by the saids Lords of privy Councill as the proper Judges in this matter to make payment of the Same with intrest and expensses as the saids Lords should think fitt to modifie And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeared personally this day before the saids Lords To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appairtaines as in the said Lybell or Letters and executiones therof at more Lenth is Contained, Which Lybell being this day called in presence of the saids Lords of his majesties privy Councill, And the pursuer being absent In Respect of his indisposition and being bedfast, And John Campbell of Skipnes another of the said Tacksmen Compearing personally for him with Sir Patrick Home his Majesties Solicitor as their advocat, and John Reid at Preistfeild and Lodovick and Robert Spennes wryters in Edinburgh shire of the saids defenders Compearing also personally, and Margaret Murray relict of William Megget of Mastertoune another of the saids defenders being absent having produced a discharge granted by Hary Muray to her of one pounds Scots being the polemoney as she has classed her self payable in the moneth of January Jaj vic Nyntie Nyne years dated the Eightein day of the said moneth and years of god forsaid, And the rest of the saids defenders in the forsaid lybell Viz Alexander Hodge Patrick Cowie […] Brown and John Gordon of Kingoody her husband […] Lady Blockhouse Robert Kirkland William Gordon Robert Halyburtone John Forrest and William Robertsone being all Lawfullie Sumoned oft times called and not Compearing The Lybell being read and parties Compearing fully heard, The saids Lords haveing Considered the Lybell with the discharge forsaid produced as said is, And that the said Lodovick and Robert Spences acknowledged at the barr that they were advocats servants and sometimes wryters in Edinburgh The saids Lords doe hereby Find That the saids Lodovick and Robert Spennes are Lyable in their single pole to the said William Cochran tacksman of the said pole as wryters not to the signet, And Finds that the said Margaret is lyable to make payment to the said William Cochran of the thrid part of her said husbands single pole allowing to her the said Soume of one pounds Scots contained in the said recept produced as in part therof, And have assaylied and hereby assaylzies her from the quadruple of the said pole and from the other points and articles lybelled against her, And the saids Lords have assoylzied and hereby assaylzies the said John Reid at Preistfeild from the haill points and articles of the Lybell, lybelled against him In Respect he is only a Gardner and neither Doctor of Medicine, nor Chirurgeon nor apothecary nor repute doctor of medicine And Declares ihm quyt therof and free therfrae in all time comeing And the saids Lords Doe hereby Remitt to the Committie formerly appointed anent the pole Viz The Earles of Melvill Argyle and Cassills, The Lord Boyle, The Lord president of Session, Lord advocat and Mr Francis Montgomrie to Consider the points and articles of the said lybell Lybelled against the other defenders not named in this interloquitor And Recommends to the Comittie to meet the morow at ten in the forenoon and to report against Thursday nixt, And continues the quorum to be two of them as formerly And Decernes and Ordaines Letters of horning on six dayes and others needfull upon the premisses to be direct against the persones above decerned in forme as effeirs
1. NRS, PC2/27, 244r-246v.
1. NRS, PC2/27, 244r-246v.