Decreet, 7 July 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/71

Decreet

Decreit The Laird of Tillieball against Mcneill

Anent the lybell purchased and raised befor the Lords of his majesties privie Cownsell at the instance of John and James Halydayes elder and younger of Tillieboll with concourse of Sir James Stewart his Majesties advocat for his hignes interest In the mater underwritten Makeing Mentione That wherby the Lawes and acts of parliament of this realme all callwmnie and vexatione of any persone is prohibite Especiallie the raiseing of callwmnous perswites befor the Lords of our privie Counsell against persones innocent for the most attrociows crymes without any grownd or pretence on purpose to putt the persone persewed to great and needles charges and expensses and to defame them in ther names and reputatione As also the raiseing of Letters befor the Lords of privie Cownsell on pretext therof to threatten persones to cite them as wittnesses unles they redeime themselvs by money is a great abwse and oppressione And the foirsaid callwmnie and oppressione Especiallie when circumstantiat in maner abovementioned Are crymes of ane high nature and owght to be Severely pwnished Nevertheles It is of veritie that James Mcneill brewar in Crwik being a persone of a most prostitut fame for raiseing of contentione and Strife and creaveing Disqwiet and trouble to all his neighboures and for his being notourely gwiltie of Severall crymes and Delinqwencies hath had the boldnes to importwne the Lords of privie Counsell to have Letters by ther Lordships deliverance against the Saids Complainers which he hath Stuffed with most false and callwmniows accwsationes of the grossest crymes of violent ryots house breakeing robbings and Steallings beatting murdering and forgerie and oppressione and all these aggravat with the worst of circumstances without any ground or proff 2 whatsomever As the foirsaid lybell at present depending befor the saids Lords more fullie bears And it is here held brevitatis cawsa as repeated Lykeas the said James Mcneill upon the pretended warrand of the Saids Letters hath made as it were a trade to threatten persones to Sumond them as wittnesses in the said mater wholly wnknowen to them wnles they will redeim themselvs by money which is a manifest concussione and oppressione the lyke wherof he hath also practised upon other Letters and Summonds that he hath obtained upon a gratis warrand Against persones all togither innocent and wnconcerned As against James Miller and others and Shall be more fullie instructed to the privie Counsell to make owt the Said James Mcneill his callwmny oppressione and villany As also he is gwiltie of breakeing of prisone when Laufullie imprisoned by order of Law And deforceing of Messengers when apprehended by ane Legall warrand as in particular when he was apprehended at the saids Complainers ther instance he Did violently oppose and beat Thomas Small messenger imployed by the Saids Complainers in the said affaire upon […] or one or other of the dayes of febrwary Last bypast And Likewayes the said James Mcneill is holden repute and knowen by the minister and Sessione and all gentlemen of the neighbourehood to be a most contentious Litigiows and turbulent fellow raiseing contentiows debaites and divisiones amongest all the neighboures wher he duells And also by vertue of ane gratis warrand obtained from the Lords of Sessione defraudeing cheateing and concussing the people rownd about him threatening them to compear before the Lords of Session wnles they redeime themselvs by money as afoirsaid All which appears by ane testimonie under the hands of Mr William Spance minister and the elders of the paroch of Fessney And also by ane declaratione wnder the hands of Severall Noblemen and gentlemen of the neighbourehood And which Shall be made appeare fullie to the saids Lords off all which crymes callwmnies and oppressiones the said James Mcneill and others herein mentioned being gwiltie against3 ws and wthers heirinmentioned for aggravatione he ought not only to be decerned in the Complainers Damnadge But also most Severely pwnished in his persone and goods to the example and terror of others to committ the lyke in tyme comeing upon which grounds and articles the saids Complainers haveing raised a former complaint befor our saids Lords upon the Eleventh Day of Jwny instant the saids Lords by ther act of date did continue the actione untill the first thursday of Jully next As the said act produced to our saids Lords hes testified And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine Day now bypast to have ansuered to the grownds of the above written complaint And to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt under the paine of rebellion etc As in the principall lybell or Letters of complaint raised in the said mater and executiones therof at more length is contained Which lybell being upon the second day of Jullie instant called in presence of the Saids Lords of his majesties privie Counsell And the saids persewers Compeareing both personallie with Sir Patrick Home Mr George Alexander and Mr Mwngo Carnegie ther Advocats And the Said James Mcneill Defender Compeareing also personallie The lybell and defenses mad against the Same for the Defender being read and both pairties being heard the Counsell admitted the lybell to the persewers probatione And Severall of the wittnesses haveing made faith The Counsell appointed a Comittie to examine them which Comittie haveing accordingly mett they tooke and receaved the oathes and Depositiones of Diverse and Sundrie famows wittnesses who being all Solemnly Sworne and interrogat Deponed and declaired As ther oathes and Depositiones extant in process bears And the Saids Lords of his majesties privie Cownsell haveing this day considered the Depositiones of the wittnesses addwced in the process of Reconventione The Lairds of Tilliboll Against James Mcneill the Defender and another be the persewer with the testificat and declaratione prodwced for The Laird of Tillieboll against the said James Mcneill They find the lybell Sufficiently proven And therfor ordains the said James Mcneill to be caryed prisoner from the barr to the tollbwith of Edinburgh ther to ly Dureing the Counsells pleasure

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/71

Decreet

Decreit The Laird of Tillieball against Mcneill

Anent the lybell purchased and raised befor the Lords of his majesties privie Cownsell at the instance of John and James Halydayes elder and younger of Tillieboll with concourse of Sir James Stewart his Majesties advocat for his hignes interest In the mater underwritten Makeing Mentione That wherby the Lawes and acts of parliament of this realme all callwmnie and vexatione of any persone is prohibite Especiallie the raiseing of callwmnous perswites befor the Lords of our privie Counsell against persones innocent for the most attrociows crymes without any grownd or pretence on purpose to putt the persone persewed to great and needles charges and expensses and to defame them in ther names and reputatione As also the raiseing of Letters befor the Lords of privie Cownsell on pretext therof to threatten persones to cite them as wittnesses unles they redeime themselvs by money is a great abwse and oppressione And the foirsaid callwmnie and oppressione Especiallie when circumstantiat in maner abovementioned Are crymes of ane high nature and owght to be Severely pwnished Nevertheles It is of veritie that James Mcneill brewar in Crwik being a persone of a most prostitut fame for raiseing of contentione and Strife and creaveing Disqwiet and trouble to all his neighboures and for his being notourely gwiltie of Severall crymes and Delinqwencies hath had the boldnes to importwne the Lords of privie Counsell to have Letters by ther Lordships deliverance against the Saids Complainers which he hath Stuffed with most false and callwmniows accwsationes of the grossest crymes of violent ryots house breakeing robbings and Steallings beatting murdering and forgerie and oppressione and all these aggravat with the worst of circumstances without any ground or proff 2 whatsomever As the foirsaid lybell at present depending befor the saids Lords more fullie bears And it is here held brevitatis cawsa as repeated Lykeas the said James Mcneill upon the pretended warrand of the Saids Letters hath made as it were a trade to threatten persones to Sumond them as wittnesses in the said mater wholly wnknowen to them wnles they will redeim themselvs by money which is a manifest concussione and oppressione the lyke wherof he hath also practised upon other Letters and Summonds that he hath obtained upon a gratis warrand Against persones all togither innocent and wnconcerned As against James Miller and others and Shall be more fullie instructed to the privie Counsell to make owt the Said James Mcneill his callwmny oppressione and villany As also he is gwiltie of breakeing of prisone when Laufullie imprisoned by order of Law And deforceing of Messengers when apprehended by ane Legall warrand as in particular when he was apprehended at the saids Complainers ther instance he Did violently oppose and beat Thomas Small messenger imployed by the Saids Complainers in the said affaire upon […] or one or other of the dayes of febrwary Last bypast And Likewayes the said James Mcneill is holden repute and knowen by the minister and Sessione and all gentlemen of the neighbourehood to be a most contentious Litigiows and turbulent fellow raiseing contentiows debaites and divisiones amongest all the neighboures wher he duells And also by vertue of ane gratis warrand obtained from the Lords of Sessione defraudeing cheateing and concussing the people rownd about him threatening them to compear before the Lords of Session wnles they redeime themselvs by money as afoirsaid All which appears by ane testimonie under the hands of Mr William Spance minister and the elders of the paroch of Fessney And also by ane declaratione wnder the hands of Severall Noblemen and gentlemen of the neighbourehood And which Shall be made appeare fullie to the saids Lords off all which crymes callwmnies and oppressiones the said James Mcneill and others herein mentioned being gwiltie against3 ws and wthers heirinmentioned for aggravatione he ought not only to be decerned in the Complainers Damnadge But also most Severely pwnished in his persone and goods to the example and terror of others to committ the lyke in tyme comeing upon which grounds and articles the saids Complainers haveing raised a former complaint befor our saids Lords upon the Eleventh Day of Jwny instant the saids Lords by ther act of date did continue the actione untill the first thursday of Jully next As the said act produced to our saids Lords hes testified And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine Day now bypast to have ansuered to the grownds of the above written complaint And to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt under the paine of rebellion etc As in the principall lybell or Letters of complaint raised in the said mater and executiones therof at more length is contained Which lybell being upon the second day of Jullie instant called in presence of the Saids Lords of his majesties privie Counsell And the saids persewers Compeareing both personallie with Sir Patrick Home Mr George Alexander and Mr Mwngo Carnegie ther Advocats And the Said James Mcneill Defender Compeareing also personallie The lybell and defenses mad against the Same for the Defender being read and both pairties being heard the Counsell admitted the lybell to the persewers probatione And Severall of the wittnesses haveing made faith The Counsell appointed a Comittie to examine them which Comittie haveing accordingly mett they tooke and receaved the oathes and Depositiones of Diverse and Sundrie famows wittnesses who being all Solemnly Sworne and interrogat Deponed and declaired As ther oathes and Depositiones extant in process bears And the Saids Lords of his majesties privie Cownsell haveing this day considered the Depositiones of the wittnesses addwced in the process of Reconventione The Lairds of Tilliboll Against James Mcneill the Defender and another be the persewer with the testificat and declaratione prodwced for The Laird of Tillieboll against the said James Mcneill They find the lybell Sufficiently proven And therfor ordains the said James Mcneill to be caryed prisoner from the barr to the tollbwith of Edinburgh ther to ly Dureing the Counsells pleasure

1. NRS, PC2/26, 222v-224v.

2. The word ‘of’ scored out here.

3. The word ‘the’ scored out here.

1. NRS, PC2/26, 222v-224v.

2. The word ‘of’ scored out here.

3. The word ‘the’ scored out here.