Warrant, 31 December 1695, Edinburgh

Edinburgh Thursday 14th November 1695

D1695/11/9

D1695/11/9¹

Decreet

Decreit the Countess of Rothes and others Against the Earle of Melvill and others

Anent our Soveraigne Lords letters or Lybell raised before the Lords of his majesties privy Councill at the instance of Margret Countess of Rothes and John Lord Lessly her sone heritable shirreffs of the shirrefdome of Fyfe and Patrick Bruce of Bumzeon ther depute with Concourse of Sir James Stewart his Majesties Advocat for highnes intrest in the matter underwritten Making Mention That wher albeit by Constant Law and practiq of this and all other weell governed kingdomes, The invading and disturbing his majesties leidges and Ministers of Law in the exercise of their office and the disturbing and disolveing of Courts of Justice Legally fenced in his² Majesties name and authoritie Be Crimes of ane high nature and Severly punishable Especially when the same is done in a Tumultuary maner and be way of Convocation of armed men and by the hundred and Fourth act parliament 14th King James 3d It is Expressly Statute that when any party shall come to Court be way of Gathering and Convocation, The Shireff and his deputs shall in his Majesties name Charge them to disipat and retire And in case of ther refuseall to Cease and to disist the Court for that day and ther said refuseall and disobedience being ther after Complained off and proven against them That the said disobeyers be punished in ther persones and goods in maner therin sett doune As also by the hundred and Seventie thrid act parliament 13th James 6th It is expressly Statute and ordained That whosoever shall Strick hurt or do violence to any person in open Court before any of his majesties Judges sitting upon the Bench, They shall be Severly punished by Imprisonment and otherwayes in maner specified in the said act Nevertheless It is of verity That George Earle of Melvill Lord privy Seall David Earle of Leven, and Alexander Lord Raith Lord Thesaurer Depute, The master of Buccleuch The Laird of Cassengray, Mr James Melvill of Hullhill Sir James Mcgill of Rankeillor, James Lundy of Auchtermains George Moncreiff of Reddie, Robert Hay of Strecie John Hay of Naughton younger Robert Douglass of Airdit, James Crafurd of Mountwhany James Lundine of Straithairly Mr Robert Whyt younger of Bennochie, Alexander Melvill of Murdoecaine John Lessly of Quarter John Moncriff of Murriepae Mr David Scrymgeor of Cartinmore, Walter Bosswall of Ballbartine, James Smittoune The Lady Castlehavens baillie John Weymes younger of Bogy John Arnot of Balcourno David Balfour of Grainge, James Maxwell of Fleckibank John Melvill of Carsbeirdy John Orrock pretended Clerk of the supply and John Crafurd younger of Montquhamy are Guilty of and hath presumed to Comitt the forsaid Crimes In so farr as The said Patrick Bruce of Bumzion as shireff depute of Fyfe leggally Authorized by the saids Margret Countes of Rothes and John Lord Lessly her sone haveing come upon the fiftein day of October instent to the Tolbooth of Couper and Seatted himself upon the bench about ten a Cloack and haveing fenced a Court in the said pursuers names and being in the exercise of his office Ministring Justice to his Majesties people and many persons pursuers and defenders with ther respective procurators And the Shireff Clerk and all other members of Court being then present and Conveened attending ther busines in ther queit and orderly maner as use was True It is That the persone above Complained upon with a great number of ther associats and attendents all armed with Swords etc To the number of Threttie Fourtie or fifty persones, Did in a most rude and tumultary maner entered the said³ Court And without Leave asked or given Did press Straight forward to the Bench wher the said Patrick Bruce was then sitting in Judgment as said is and did by open force and violence dispossess ther procurators and other members of Court from the ordinary seats and places Allowed to them for Discharging their duties of their respective Imployments in the said Shireff Court, And albeit the said Patrick Bruce as shiref depute Did in his majesties name and in a most Civill and oblidging maner Desire the forsaids persones to forebear for some litle time untill some bussiness then in Agitation before him were determined and ended promiseing to make the Court void to them within a very short space yet the saids persones above Complained upon Did absolutely refuse to Comply with his so Just and reasonable Desire, But on the Contrary still persisted in their said rude and Illegall violence untill they thrust all the members of Court from their Seatts and places as said is, And Likewayes violently thrust all the other persones attending the Court to such a distance from the Bench that they were neither able to hear the Shirreff depute nor he to hear them useing many Minaces and threatnings to them in the mean time in cace they Should not instantly remove and leave the Court Wherby the Shirreff depute was most Illegally interrupted and debarred from the administration of Justice to his majesties people at the time and forced to ryss from the bench and protest against them for their forsaid violence and intrussion upon the Shirreff Court in maner forsaid, Off Which Crimes abovewritten the haill persones above Complained upon are guilty as actors at least as airt and part of the same And Therfore Ought to be punished in ther persone and goods to the terror and example of others to doe or Comitt the like in time comeing And Anent the Charge given to the haill forenamed persones defenders To have Compeired personally before the saids Lords at ane Certaine day now by gone To have answered to the forsaid Complaint And to have heard and seen such order and Course taken theranent as the saids Lords Should think fitt under the paine of Rebellion and puting of them to the horn with Certification etc As in the principall letters or Lybell raised in the said matter and executiones therof at more length is Contained Which Lybell being upon the Seventh day of november instant Called in presence of the saids Lords of his majesties privy Councill And the said Lord Lessly and Patrick Bruce of Bumzion two of the pursuers Compeiring personally with Sir Patrick Home and Mr David Cuninghame ther advocats and the Lord privy Seall The Earle of Leven Lord Raith thesaurer depute being present at the Councill board did remove to the Foot of the Table and Mr James Melvill of Halhill and the rest of the wholl defenders at least the most part of them Compeiring personally with Mr Hew Dalrymple, Mr Rory Mckenzie and Mr George Alexander ther advocats The Lybell being read and both parties advocats fully heard The Earle of Leven gave in a decline against the Lord Yester, Lord Justice Clerk and Enstruther Mr Frances Montgomry and Sir Robert Sinclair of Stivensone Which being Considered be the Councill They Refused to Sustaine the same. In Respect It does not meet any of the⁴ Cases in the act of parliament anent Declynators And the saids Lords having Considered the said lybell They admitt the same to the pursuers probation And the wholl witnesses Cited and Called being present and having made faith the Councill Nominats and appoints the Earle of Forfar Lords Murray and Carmicheall and Sir Thomas Burnet of Leyes to be a Comittie for examineing of the saids witnesses to be proponed and Discussed before the Committie And appoints the Committie to meet the morow at ten in the forenoon And Declares any two of them to be a suficient quorum and in the mean time Recomends to them to Setle and agree the parties and incase of deficultie to report to the Councill, And the said Comittie having mett the pursuers adduced diverse and Sundrie famous witnesses for proveing the points of the said Lybell Who being all Solemnly Sworne and examined before the said Comittie Deponed and Declaired as their oathes and depositiones extant in process bears And The Saids Lords of his Majesties privy Councill Having this day advysed the probatione and Considered the depositiones of the witnesses adduced be the pursuers in this Cause They Fand the Lybell proven as to the interupting of the Shirreff Court of Fyfe after the Court was fenced And Therfore They heirby Decerne and Ordaine The Earle of Melvill Lord privy Seall The Earle of Leven and Lord Raith thesaurer Depute to goe to the Countess of Rothes pursuer betwixt and Tuesday nixt and in presence of the Lord Murray – and Sir Thomas Burnet of Leyes two of the Lords of his majesties privy Councill To Declair that they intended no injury nor offence to her Ladyship or her right or his Majesties jurisdictione by what hapned in the said Shireff Court upon the fiftein of october Last And Ordaines John Brock one of the defenders instantly to be Caried prisoner to the Tolbooth of Edinburgh To remaine dureing the Councills pleasure And Decernes and Ordaines Mr James Melvill of Halhill George Moncreif of Reddie John Hay younger of Naughtoune James Lundie of Auchtermerine and Sir James Mcgill of Rankeillor to make payment of the sum of Two hundred punds Scots money equally amongst them being Fourtie pund for each of them to the said Countess of Rothes pursuer for the expences Sustained by them in this process And ordaines letters of horning on fiftein dayes to be direct heiron against the saids five defenders Imediatly abovenamed for payment of the saids Two hundred punds as above Decerned for and others upon the premisses if need beis in forme as effeirs.