Decreet, 18 February 1697, Edinburgh

Act, 6 October 1697, Edinburgh

Att Edinburgh the Eighteenth day of February Jaj vic nyntie seven

A1697/2/361

Decreet

Decreit His Majesties Advocat Against Williamsons Clerks of Perth

Anent the tuo severall Lybells of Complaint Intented and pursued Before the Lords of his Majesties privy Councill att the instance of Sir James Steuart his Majesties Advocat by especiall order of privy Councill The one therof against John Williamson Shirreff Clerk of Perth Making Mention That wher all persons in publick charge and office are bound by their acceptation therof and oath de fideli to exercise and execute the same faithfullie And that more especiallie wher the faithfull execution and discharge thereof2 Concernes his Majesties service and the good and welfare of the whole realme And that the forsaids persons Intrusted in publick officers To faill in the discharge therof Doeth not only deserve deprivation but to be farder severely punished as the nature and Circumstance of the transgression does require And that by the Act of regulation of Judicatories In the year Jaj vic seventy tuo and threttie one article therof It is ordained that the Shirreff Clerk should Have the Register of hornings and Inhibitions Compleat and duely filled up And if any Hornings and Inhibitions in their hands shall not be registrat in their books They shall Incurr the paine of deprivatione As also if any Shirreff Clerk exact exorbitantly from any of his Majesties Leidges for extracts of decreits bonds or other wrytes It is a high and manifest extortion and oppression which ought to be examplarly punished Yet Nevertheless It is of veritie That John Williamson Shireff Clerk of Perth Shaking off all regaird to his duety and Engadgements in discharge of the publick trust Committed to him when Lately required upon one or other of the dayes of November or December last by the Commissioners of Supplies of Perth Shire ordered at that tyme by the Lords of his Majesties privy Councill to putt furth the halfe of their foot militia for the defence of the Kingdome against the threatned Invasion to produce the former rolls of the Militia of that Shire Which the saids Commissioners were appointed to observe in putting furth of the said halfe of their Militia And to which rolls the said John Williamsone was then Clerk as being Clerk to the militia He denyed that he had any such rolls And that notwithstanding it be marked in the books of sederunt of the former Commissioners of Militia and ane Act made thereon that the Lists and rolls of the divisions of the whole militia of the Shire were then produced and ordered to be registrat by the said John Williamsone then Clerk as said is which refusall of the said John Williamsone was not only frouard and malicious to the visible prejudice of his Majesties service and the Kingdomes necessary defence But also attended with manifest Contempt of the Saids Commissioners and of the authority of the Lords of his Majesties privie Councill by which they acted And Farder this manifest breach of trust and transgression of the said John Williamsone evidently redargued by the forsaids books as he Cannot deny Is farder aggravat by the said John Williamsone his undeutifull behaviour in other publick occasions And particularly that when in the year […] some publick dispatches were brought him by a post that he might execute his officer theranent he refused to doe the samen and threw the pacquet out of the window in the streets For which offence and the manifest disaffection and Contempt that therein appeared he was also Conveened before the Lords of his Majesties privie Concill By all which It is manifest that the said John Williamsone Is guiltie airt and pairt of the forsaid breach of trust Contempt and disaffection Lybelled As also the said John Williamsone does not keep the Register of hornings and Inhibitions of the said Shire of Perth Compleat and duely filled up as he ought to have done Ther being a Number of hornings and Inhibitions in his hands which are not registrat The books not being filled up for near a tuelve month And he does exact most extravogantly and exorbitantly from the Leidges for the extracts of decreits bonds and other wrytes In so farr as for the extract of one sheet of paper or tuo He is in use to exact ten tuelve or Sometymes fifteen dollars And unles the Leidges pay him these extravagant rates he refuses to Give them out extracts All which being proven He ought to be punished not only by the deprivation from his said office and all publick trust whatsoever But also farder punished in his persone and Goods as the saids Lords of privie Councill Shall see Cause To the example and terror of others to Committ the Lyke in tyme coming And anent the charge given to the said John Williamson defender To have Compeared personallie before the saids Lords of his Majesties privie Councill att ane Certain day bygone To have ansuered to the Grounds of the wryten Complaint And to have ansuered heard and seen furth order and Course taken thereanent as the saids Lords of his Majesties privie Councill showld think fitt under the paine of rebellion and putting him to the horne with Certificationes as in the said principall Lybell or Letters of Complaint at more Length is Contained The Other of the saids Lybells Against James Williamsone Son to the said John and Conjunct Clerk with his said father – Making Mention That wher all persons in publick charge and office are bound by their acceptation therof and oath de fideli to exercise and execute the same faithfullie And that more especiallie wher the faithfull execution and discharge thereof Concernes his Majesties service and the good and well of the whole realme And that for the forsaids persons Intrusted in publick officers to faill in the discharge therof doeth not only deserve deprivation but to be farder severely punished as the nature and Circumstances of the transgression may require And that by the Act of regulation of Judicatories In the year Jaj vic seventy tuo and threttie tuo article therof It is ordained that the Shirreff Clerk should Have the Register of Hornings and Inhibitions Compleat and duely filled up And if any hornings and Inhibitions in their hands shall not be registrat in their books They shall Incurr the paine of deprivatione As also if any Shirreff Clerk exact exorbitantly from any of his Majesties Leidges for extracts of decreits bonds or other wrytes It is a high and manifest extortion and oppression which ought to be examplarly punished Yet Nevertheless It is of veritie that James Williamson son to John Williamsone Shirreff Clerk of Perth and Conjunct Clerk with his father Shaking off all regaird to his duety and Engadgements In discharge of the publick trust Committed to him when Lately required upon one or other of the dayes of November or December last by the Commissioners of supply of Perth Shire ordered at that tyme by the saids Lords of his Majesties privie Councill to putt furth the halfe of the foot Militia for the defence of the Kingdome Against the threatned Invasione To produce the former rolls of the Militia of that shire which the saids Commissioners were appointed to observe in putting furth the said halfe of their Militia And to which rolls the said James Williamson was then Clerk as being Clerk to the Militia He denyed that he had any such rolls And that notwithstanding it be marked in the books of sederunt of the former Commissioners of Militia and ane Act made thereon that the Lists and rolls of the divisions of the whole Militia of the shire were then produced and ordered to be registrat by the said James Williamsone then Clerk as said is which refusall of the said James Williamsone uas not only frourard and malicious To the visible prejudice of his Majesties service and the Kingdoms necessary defence But was also attended with manifest Contempt of the saids Commissioners and the saids Lords of his Majesties privie Councill their authority by which they Acted And farder this manifest breach of trust and transgression of the said James Williamson Evidently redargued by the forsaids books as he Cannot deny By all which It is evident and manifest that the said James Williamsone is guiltie airt and pairt of the forsaid breach of trust Contempt and disaffection Lybelled As also the said James Williamson doeth not keep the register of hornings and Inhibitions of the said Shire of Perth Compleat and duely filled up as he ought to have done Ther being a Number of Hornings and Inhibitions in his hands which are not registrat The books not being filled up for near a tuelve month And he does exact most extravogantly and exorbitantly from the Leidges for extracts of decreits bonds and other wrytes In so farr as for the extract of one sheet of paper or tuo He is in use to extract ten tuelve or sometymes fifteen dollars And unles the Leidges pay him these extravagant rates he refuses to give them out extracts And the said James Williamson son to the said John Williamson Shirreff Clerk of Pearth is noe uayes qualified to be a Clerk He being so ignorant that he is not Capable to discharge the said office All which being proven He ought to be punished not only by the deprivation from the said office and all publick trust whatsoever But also farder punished In his person and Goods to the terror of others to Committ the Lyke in tyme coming And anent the charge given to the said James Williamsone de feudar to have also Compeared personallie before the saids Lords of his Majesties privie Councill at ane Certain day bygone To have ansuered to the Grounds of the abovewryten Complaint and to have heard and seen such order and Course taken theruith as the saids Lords of his Majesties privie Councill should think fitt under the paine of rebellion and putting of him to the horne uith Certificationes as in the said principall Lybell or Letters of Complaint uith the executiones therof att more Length is Contained Uhich Tuo Letters or Lybells of Complaint Being upon the Sixteenth day of February Instant Called in presence of the saids Lords of his Majesties privie Councill And Sir James Steuart his Majesties Advocat and Sir Patrick Home his Majesties Sollicitor Compearing personallie for his Majesties Intrest In the matter Lybelled And the saids John Williamsone and James Williamsone his son defendars Compearing personallie uith Mr Hugh Dalrymple Sir Walter Seatoun and Mr Walter Pringle their advocats Both the saids Lybells and ansuers made therto Being read And the Lauyers on both sydes being fullie heard The saids Lords ordained the witnesses to be examined Reserving the relevancy to be advysed by their Lordships att the advysing of the probation And the witnesses Cited Having Compeared except3 John Whyte procurator fiscall of Fyfe (who was excused In respect of a testificat produced of his Indisposition under the hand of Mr Robert Anderson Minister at Pearth) and Mr David Ramsay wryter to the Signet And Janet Yeaman Spouse to John Porteous merchant in Edinburgh tuo of the saids witnesses being absent oft tymes called and not Compearing And the witnesses Compearing Having made furth at the Barr The saids Lords appointed a Committie of their oune Number to examine them Reserving all objections which might be made against the witnesses to be proponed and descust before the said Committie And Gave order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the said John Williamson at Libertie furth therof In respect he Gave bond and found sufficient Cautione acted in the books of privie Councill That he should attend all the dyetts of proces at the said Lord Advocats instance against him both before the Councill and Committie under the penalty of Tuo Thousand merks Scotts by and attour performance of the premisses And Granted warrand for farder dilligence by Caption against the said Mr David Ramsay and Janet Yeaman the absent witnesses And The saids Lords of his Majesties privie Councill Having this day Advysed the saids tuo processes And Having Considered the depositiones of the witnesses uith the Books and records produced for the pursuar They Find it sufficiently proven that John Williamson the father Is guiltie of the Cryme Lybelled against him And Finds that point of malversation Lybelled against the Father and Son in their offices of Shirreff Clerks sufficiently proven And therfore The saids Lords of his Majesties privie Councill Have depryved and heirby Depryves both John Williamson the Father and James Williamsone his sone of their saids offices of Shirreff Clerks to Pearth And discharges them the exercise therof in all tyme coming In respect of their negligence and malversation in their saids offices And Farder The saids Lords have declared and heirby Declares the said John Williamson the father Incapable of exercising any publick office uithin this Kingdome In respect of his said Contempt Lybelled and proven against him as said is And ordaines Letters of Horning on Fifteen dayes and others needfull under the Signet of Councill to be direct herein Informe as affairs.

Att Edinburgh the Eighteenth day of February Jaj vic nyntie seven

A1697/2/361

Decreet

Decreit His Majesties Advocat Against Williamsons Clerks of Perth

Anent the tuo severall Lybells of Complaint Intented and pursued Before the Lords of his Majesties privy Councill att the instance of Sir James Steuart his Majesties Advocat by especiall order of privy Councill The one therof against John Williamson Shirreff Clerk of Perth Making Mention That wher all persons in publick charge and office are bound by their acceptation therof and oath de fideli to exercise and execute the same faithfullie And that more especiallie wher the faithfull execution and discharge thereof2 Concernes his Majesties service and the good and welfare of the whole realme And that the forsaids persons Intrusted in publick officers To faill in the discharge therof Doeth not only deserve deprivation but to be farder severely punished as the nature and Circumstance of the transgression does require And that by the Act of regulation of Judicatories In the year Jaj vic seventy tuo and threttie one article therof It is ordained that the Shirreff Clerk should Have the Register of hornings and Inhibitions Compleat and duely filled up And if any Hornings and Inhibitions in their hands shall not be registrat in their books They shall Incurr the paine of deprivatione As also if any Shirreff Clerk exact exorbitantly from any of his Majesties Leidges for extracts of decreits bonds or other wrytes It is a high and manifest extortion and oppression which ought to be examplarly punished Yet Nevertheless It is of veritie That John Williamson Shireff Clerk of Perth Shaking off all regaird to his duety and Engadgements in discharge of the publick trust Committed to him when Lately required upon one or other of the dayes of November or December last by the Commissioners of Supplies of Perth Shire ordered at that tyme by the Lords of his Majesties privy Councill to putt furth the halfe of their foot militia for the defence of the Kingdome against the threatned Invasion to produce the former rolls of the Militia of that Shire Which the saids Commissioners were appointed to observe in putting furth of the said halfe of their Militia And to which rolls the said John Williamsone was then Clerk as being Clerk to the militia He denyed that he had any such rolls And that notwithstanding it be marked in the books of sederunt of the former Commissioners of Militia and ane Act made thereon that the Lists and rolls of the divisions of the whole militia of the Shire were then produced and ordered to be registrat by the said John Williamsone then Clerk as said is which refusall of the said John Williamsone was not only frouard and malicious to the visible prejudice of his Majesties service and the Kingdomes necessary defence But also attended with manifest Contempt of the Saids Commissioners and of the authority of the Lords of his Majesties privie Councill by which they acted And Farder this manifest breach of trust and transgression of the said John Williamsone evidently redargued by the forsaids books as he Cannot deny Is farder aggravat by the said John Williamsone his undeutifull behaviour in other publick occasions And particularly that when in the year […] some publick dispatches were brought him by a post that he might execute his officer theranent he refused to doe the samen and threw the pacquet out of the window in the streets For which offence and the manifest disaffection and Contempt that therein appeared he was also Conveened before the Lords of his Majesties privie Concill By all which It is manifest that the said John Williamsone Is guiltie airt and pairt of the forsaid breach of trust Contempt and disaffection Lybelled As also the said John Williamsone does not keep the Register of hornings and Inhibitions of the said Shire of Perth Compleat and duely filled up as he ought to have done Ther being a Number of hornings and Inhibitions in his hands which are not registrat The books not being filled up for near a tuelve month And he does exact most extravogantly and exorbitantly from the Leidges for the extracts of decreits bonds and other wrytes In so farr as for the extract of one sheet of paper or tuo He is in use to exact ten tuelve or Sometymes fifteen dollars And unles the Leidges pay him these extravagant rates he refuses to Give them out extracts All which being proven He ought to be punished not only by the deprivation from his said office and all publick trust whatsoever But also farder punished in his persone and Goods as the saids Lords of privie Councill Shall see Cause To the example and terror of others to Committ the Lyke in tyme coming And anent the charge given to the said John Williamson defender To have Compeared personallie before the saids Lords of his Majesties privie Councill att ane Certain day bygone To have ansuered to the Grounds of the wryten Complaint And to have ansuered heard and seen furth order and Course taken thereanent as the saids Lords of his Majesties privie Councill showld think fitt under the paine of rebellion and putting him to the horne with Certificationes as in the said principall Lybell or Letters of Complaint at more Length is Contained The Other of the saids Lybells Against James Williamsone Son to the said John and Conjunct Clerk with his said father – Making Mention That wher all persons in publick charge and office are bound by their acceptation therof and oath de fideli to exercise and execute the same faithfullie And that more especiallie wher the faithfull execution and discharge thereof Concernes his Majesties service and the good and well of the whole realme And that for the forsaids persons Intrusted in publick officers to faill in the discharge therof doeth not only deserve deprivation but to be farder severely punished as the nature and Circumstances of the transgression may require And that by the Act of regulation of Judicatories In the year Jaj vic seventy tuo and threttie tuo article therof It is ordained that the Shirreff Clerk should Have the Register of Hornings and Inhibitions Compleat and duely filled up And if any hornings and Inhibitions in their hands shall not be registrat in their books They shall Incurr the paine of deprivatione As also if any Shirreff Clerk exact exorbitantly from any of his Majesties Leidges for extracts of decreits bonds or other wrytes It is a high and manifest extortion and oppression which ought to be examplarly punished Yet Nevertheless It is of veritie that James Williamson son to John Williamsone Shirreff Clerk of Perth and Conjunct Clerk with his father Shaking off all regaird to his duety and Engadgements In discharge of the publick trust Committed to him when Lately required upon one or other of the dayes of November or December last by the Commissioners of supply of Perth Shire ordered at that tyme by the saids Lords of his Majesties privie Councill to putt furth the halfe of the foot Militia for the defence of the Kingdome Against the threatned Invasione To produce the former rolls of the Militia of that shire which the saids Commissioners were appointed to observe in putting furth the said halfe of their Militia And to which rolls the said James Williamson was then Clerk as being Clerk to the Militia He denyed that he had any such rolls And that notwithstanding it be marked in the books of sederunt of the former Commissioners of Militia and ane Act made thereon that the Lists and rolls of the divisions of the whole Militia of the shire were then produced and ordered to be registrat by the said James Williamsone then Clerk as said is which refusall of the said James Williamsone uas not only frourard and malicious To the visible prejudice of his Majesties service and the Kingdoms necessary defence But was also attended with manifest Contempt of the saids Commissioners and the saids Lords of his Majesties privie Councill their authority by which they Acted And farder this manifest breach of trust and transgression of the said James Williamson Evidently redargued by the forsaids books as he Cannot deny By all which It is evident and manifest that the said James Williamsone is guiltie airt and pairt of the forsaid breach of trust Contempt and disaffection Lybelled As also the said James Williamson doeth not keep the register of hornings and Inhibitions of the said Shire of Perth Compleat and duely filled up as he ought to have done Ther being a Number of Hornings and Inhibitions in his hands which are not registrat The books not being filled up for near a tuelve month And he does exact most extravogantly and exorbitantly from the Leidges for extracts of decreits bonds and other wrytes In so farr as for the extract of one sheet of paper or tuo He is in use to extract ten tuelve or sometymes fifteen dollars And unles the Leidges pay him these extravagant rates he refuses to give them out extracts And the said James Williamson son to the said John Williamson Shirreff Clerk of Pearth is noe uayes qualified to be a Clerk He being so ignorant that he is not Capable to discharge the said office All which being proven He ought to be punished not only by the deprivation from the said office and all publick trust whatsoever But also farder punished In his person and Goods to the terror of others to Committ the Lyke in tyme coming And anent the charge given to the said James Williamsone de feudar to have also Compeared personallie before the saids Lords of his Majesties privie Councill at ane Certain day bygone To have ansuered to the Grounds of the abovewryten Complaint and to have heard and seen such order and Course taken theruith as the saids Lords of his Majesties privie Councill should think fitt under the paine of rebellion and putting of him to the horne uith Certificationes as in the said principall Lybell or Letters of Complaint uith the executiones therof att more Length is Contained Uhich Tuo Letters or Lybells of Complaint Being upon the Sixteenth day of February Instant Called in presence of the saids Lords of his Majesties privie Councill And Sir James Steuart his Majesties Advocat and Sir Patrick Home his Majesties Sollicitor Compearing personallie for his Majesties Intrest In the matter Lybelled And the saids John Williamsone and James Williamsone his son defendars Compearing personallie uith Mr Hugh Dalrymple Sir Walter Seatoun and Mr Walter Pringle their advocats Both the saids Lybells and ansuers made therto Being read And the Lauyers on both sydes being fullie heard The saids Lords ordained the witnesses to be examined Reserving the relevancy to be advysed by their Lordships att the advysing of the probation And the witnesses Cited Having Compeared except3 John Whyte procurator fiscall of Fyfe (who was excused In respect of a testificat produced of his Indisposition under the hand of Mr Robert Anderson Minister at Pearth) and Mr David Ramsay wryter to the Signet And Janet Yeaman Spouse to John Porteous merchant in Edinburgh tuo of the saids witnesses being absent oft tymes called and not Compearing And the witnesses Compearing Having made furth at the Barr The saids Lords appointed a Committie of their oune Number to examine them Reserving all objections which might be made against the witnesses to be proponed and descust before the said Committie And Gave order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the said John Williamson at Libertie furth therof In respect he Gave bond and found sufficient Cautione acted in the books of privie Councill That he should attend all the dyetts of proces at the said Lord Advocats instance against him both before the Councill and Committie under the penalty of Tuo Thousand merks Scotts by and attour performance of the premisses And Granted warrand for farder dilligence by Caption against the said Mr David Ramsay and Janet Yeaman the absent witnesses And The saids Lords of his Majesties privie Councill Having this day Advysed the saids tuo processes And Having Considered the depositiones of the witnesses uith the Books and records produced for the pursuar They Find it sufficiently proven that John Williamson the father Is guiltie of the Cryme Lybelled against him And Finds that point of malversation Lybelled against the Father and Son in their offices of Shirreff Clerks sufficiently proven And therfore The saids Lords of his Majesties privie Councill Have depryved and heirby Depryves both John Williamson the Father and James Williamsone his sone of their saids offices of Shirreff Clerks to Pearth And discharges them the exercise therof in all tyme coming In respect of their negligence and malversation in their saids offices And Farder The saids Lords have declared and heirby Declares the said John Williamson the father Incapable of exercising any publick office uithin this Kingdome In respect of his said Contempt Lybelled and proven against him as said is And ordaines Letters of Horning on Fifteen dayes and others needfull under the Signet of Councill to be direct herein Informe as affairs.

1. NRS, PC1/51, 120-5.

2. About six words scored out here.

3. Extraeous bracket immediately before this word.

1. NRS, PC1/51, 120-5.

2. About six words scored out here.

3. Extraeous bracket immediately before this word.