Warrant, 31 December 1695, Edinburgh

Edinburgh Tuesday 19th November 1695

D1695/11/12

D1695/11/12¹

Decreet

Decreet absolvitor The Countess of Rothes and others against The Earle of Melvill and others

Anent the Complaint or Lybell reconventione raised before the Lords of his Majesties privy Councill at the instance of George Earle of Melvill Lord privy Seall David Earle of Leven and Alexander Lord Raith Lord Thesaurer depute The master of Burleigh Mr James Melvill of Cassingray Mr James Melvill of Hallhill Sir James Mcgiee of Rankeillor James Lundine of Auchtermairnie George Moncreiff of Reddie Robert Hay of Strenrey John Hay of Naughtone younger Robert Douglass of Airdit James Crafurd of Mountquhany James Lundine of Straithairly Mr Robert Whyt younger of Bannochie, Alexander Melvill of Murdocairne John Lessly of quarter John Moncreiff of Mornypea Mr David Scrimgeor of Cart-moir Walter Bosswell of Balbartane James Smittoune the Lady Castlehavens baillie John Weymes younger of Bogie John Arnot of Ballcornie David Balfour of Grange James Maxwell of Leckybank and John Melvill of Carsbeirdoe with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Makeing Mention That wher by the lawes and acts of parliament and the Constant Custome and practise of this and all other weell Governed nationes The Stoping hindering and interupting of persones Imployed by his majestie in the prosecution of the trust reposed upon them by the Lawes of the Nation Especially wher the persones Stoped and interupted are his majesties privy Councillors and officers of state and the bussines in which they were Imployed was towards the Collecting and ingathering of the Subsidies offered to his Majestie for the necesser defence and Suport of the Natione and Government, and the troubling mollesting and Disquesting of his majesties Leidges Especially Such as are of known integrity and Good affectione to his Majesties service and intrusted as his Majesties privy Councillors, officers of state and other Imployments of trust are Ryots and Crimes of a high nature severly punishable and all thrie are airt and part and accessory therto by hounding out or Rathihabition of these unwarrantable Deeds are punishable as the principall parties or offenders Nevertheless It is of verity That Margret Countess of Rothes John Lord Lessly and Patrick Bruce of Brinzeon ther Shireff Depute in the Shire of Fyfe are Guilty or airt and pairt therof In so farr as The Slateing ordering and uplifting of the pole Imposed by the Last Session of this Curent parliament Being Remitted to the Commissioners of assessment and ther quorum, according to the rules exprest in the act of parliament and proclamationes of privy Councill And the Commissioners of the Shyr of Fyfe haveing accordingly mett and given order for making and reporting of Lists of Poleable persones, Ther was another dyet appointed to meet at Couper the thrid Tuesday of October last, And whatever differences were amongst the Commissioners of the said Shire, yet all did agree that their should be a meetting upon the said thrid Tuesday of October, And the said Patrick Bruce was not Suficiently authorized to that effect yet he did advertise the severall Commissioners of the dyet by missive letters Shewing that he was appointed by the last meeting to acquaint the saids Commissioners that the nixt meeting was to be upon the thrid Tusday of October at the ordinary time and place of meeting for receiving in Lists and Laying doun Such other methods as might best Conduce for the Collecting and ingathering of the pole, And that it was expected the Commissioners would keep that dyet And all the saids pursuers haveing repaired to the ordinary place at the ordinary time of meetting the said day In prosecution and Discharge of thr dutie and trust, They entered to the high Tolbooth the ordinary place of Meeting precisly at ten of the Cloak which was the usuall hour as was expressly in former advertisments, And the said Patrick Bruce haveing aby end and designe to give other directions in relation to the Collection of the said pole then would be acceptable to the plurallity of the said Shire And understanding that many Commissioners were a comeing that would not agree to these by ends and designes He with other two Commissioners Viz Robert Douglas of Strenry and David Burgh the said Countes of Rothes her baillie Did take upon them to Choise a process and act as a meetting of the Shyre by anticipatione before the ordinary time and before the saids pursuers Could be present of purpose to eleid the designe of the Meeting and that the matter might not be ordered according to the inclynation of the plurality of the Shyre but reflecting a litle that the saids pursuers who were a Coming being a full meeting of the Shyre would easily Over rule What a paikt meeting of thrie hade done by anticipation and understanding that the saids pursuers were allready come to the foot of the stair Which leads to the usuall place of meetting The said pretended meetting of thrie Dissolved and the said Shireff depute designing to put ane indignity and affront upon the saids pursuers Did take upon him to hold a Schame Shireff² Court and went to the burgh in such a hast That he hade scarce time to fence the Court before they were entred and when the saids pursuers came in they were Surprized to see the said Patrick Bruce Sitting in that place and tho the Clerk went aside and that ther was no bussines a doeing or ready to be done yet he satt still useing indecent expressiones and behavior and pretending that the said pursuers hade interupted a Shireff Court and Desireing them to remove To Which the saids pursuers answered That they were not only Called to that time and place for his majesties Service by the Shireff depute himself But that the ordinary dyet and hour of Cause of the Shireff Court was not yet come, Which begins not till after Eleven a Cloak And that the Commissioners bussines would be over before that time, And that when meetings of the shire happen at the same time with the shireff Court The Court is in use to Sitt in another roome; yet the Said Shireff depute persisted and notwithstanding of all this interuptione the Commissioners meeting was ended at Eleven a Cloak which is the ordinary hour of Cause for fenceing the Shirreff Court both by Custome and by the Eightie sixt act parliament Eleventh King James Sixth And for a furder evidence that ther was no other designe But to frustrat the meeting intended for his majesties Service The saids pursuers did meett the said Robert Douglass of Strainry and David Burgh the Countess of Rothes baillie as they came doune the stairs from the pretended meetting of thrie and so soon as the saids pursuers meetting was done, The said Shireff depute came Immediatly doune after the saids pursuers ther being no other bussines in the Shireff Court But to disappoint the meetting of the Shire, And before the saids pursuers came to Couper The said Patrick Bruce did publictly oun and declare That if the saids pursuers came before ten a Cloak they should find the doors Shutt if after he Should disapoint them another way, All which unwarrantable procedor was allowed Authorized and approven of by the Saids Margrat Countess of Rothes And John Lord Lessly, and as if the forsaid indignities done to the Cautioners of the shire to his majesties privy Councillors and officers of state and others were not Suficient The saids defenders not only oun and Justifie all that hath passed, But have raised a most Malicious and groundless process before the Lords of his majesties privy Councill against the saids pursuers as if they hade invaded and disturbed a Constitute Court of purpose to Occasione furder vexation and trouble And Therfore the persones above Complained upon Ought to be Decerned in the sum of […] for damnages and expences sustained by the saids pursuers in the forsaid unnecessar trouble and expences And farder punished in ther persons and goods to the terror of others to Comitt the like in time comeing And Anent The Charge given to the saids defenders To have Compeired personally before the saids Lords of privy Councill at ane Certaine day now bygone 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 of Reconvention raised in the said matter with the executione therof at more Length is Contained Which Lybell being upon the fourtein day of november instant Called in presence of the saids Lords of privy Councill, And the said Earle of Melvill, Lord privy Seall, Earle of Leven and Lord Raith Thesaurer depute having risen and removed to the foot of the Councill board and all or most of the saids pursuers Compeiring personally with Mr Hew Dalrymple Mr Rodrick Mckenzie and Mr George Alexander ther advocats And the said Countess of Rothes one of the defenders being Called But not Compeiring And the said Lord Lessly and Patrick Bruce the other two defenders Compeiring personally with Sir Patrick Home and Mr David Cuninghame ther advocats The Lybell and answers therto for the defenders being read And both parties advocats being fully heard It was put to the vote Whither admitt this Lybell of Reconvention to probatione or Advyse the probation allready adduced in the principall Lybell at the Countess of Rothes her Lybell should be advysed, And the said Lybell of Reconvention at the instance of the said Earle of Melvill Earle of Leven Lord Raith and others against the Countess of Rothes Lord Lessly and Patrick Bruce being again this day Called in presence of the saids Lords of his majesties privy Councill, And Mr Robert Whyt younger of Benochie one of the pursuers Compeiring personally with Mr George Alexander advocat his procurator all the rest being absent, And the said Lord Lessly one of the defenders Compeiring also personally with Sir Patrick Home and Mr David Cuninghame advocats for the haill defenders and the other two being absent The saids Lords haveing Considered the Lybell and answers made therto They Find the Lybell not Relevant And Therfore Have Assoylzied and heirby Assoylzies the saids defenders from the haill points and articles of the said lybell, and Declares them quyt therof and free therfrae in time comeing.