Decreet, 21 May 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuentie First day of Maij Jaj vjc and nyntie tuo years

A1692/5/1471

Decreet

Decreet There Majesties Sollicitor against Oliphant and Robertson

Anent the Lybell or Complaint Raised befor the Lords of there majesties privie Councill at the instance of Sir William Lockhart there majesties sollicitor for there highnes interest in the matter under wreitten mentioneing That where by the Canon Law and by the Lawes and acts of parliament of this and everie well governed natione, The ouneing acknowledging or wishing well to any other persone as King then he who is established by Law, and the forceing the Leedges to doe or quarrelling them for not doeing acts Contrarie to there Inclinations and the Lawes of the Land and the appealling and stirring up any persone to Combatt And the assaulting Invading beatting or wounding any of there majesties subjects Especially upon the high streets of Edinburgh And when the forsaid persones Comitters thereof are bound and under baill to the peace by obleidgement or promise to the saids Lords of Councill are Crymes of ane high Nature and most severely punisheable And particularly by ane act of the meeting of the Estates of this Kingdome daited the thretteint day of Apryll Jaj vjc and Eightie nyne All the Leedges are prohibited and discharged upon there highest perrill to oune or acknowledge the Late King James as there King And by ane act of the present Current parliament daitted the Seventeenth day of Junij Jaj vjc and Eightie Nyne Recognizeing there majesties authority Its declared high treasone in any of the subjects of this Kingdome by wreitting speaking or any other maner of way to quarrell or Impugne there majesties authority right and title to the Croun Yet nevertheless it is of verity that Doctor Charles Oliphant sone to Charles Oliphant of Langtoun and David Robertsone ventner in Edinburgh shakeing off all fear of God and the Just obedience and alleadgeance they owe to there majestyes, there government authority and Lawes Being upon the sixteent day of Maij Current or ane or other of the dayes of the said moneth Conveened with Mr Archibald Sinclair advocat, Mr Simeon Mckenzie nephew to the deceist Sir George Mckenzie of Rosehaugh Mr David Dickson doctor of Medicine and Robert Clerk Chirurgeon apothecary in Edinburgh in the house of the said David Robertson Mr Archibald Sinclair did drink the Kings health And when it came to be drunk by the said Doctor Charles Oliphant he did most unduetyfully and disloyally say That the Kings health might be Drunk in ane equivocall sense and accordingly he did drink it in that sense And the health comeing to Doctor Dickson, He said he would drink it in ane univocall sense and thereupon named the health of King William, upon which the said Doctor Oliphant rose up, and fell into ane extraordinarie fitt of passione And swore By God he would not drink it, And called Doctor Dickson Impertinent for particularizing such a health And thereupon did utter thir words That it wes ane affront to him and severall other words and expressiones which did Import ane appeall and signifyed ane designed revenge upon which the Company did interpose and they being upon there feet made them sitt doun And Imediatly thereafter the said David Robertson did take up the glass And to shew his disaffection to there saids majestyes and there government and contrary to the due alleadgeance he owes to the same did drink King James’s health and said when the Kings health wes by him drunk in his house he alwayes meaned King James To which Doctor Oliphant said It was King James his health And he would see it goe round And thereupon Doctor Dicksone haveing taken the Company witnes of such ane Insolent Contempt of there majesties Lawes and government Left them And albeit upon dilatione of the matter to the Lords of privie Councill And in order to secure the persones Charles Oliphant father to the said Doctor Oliphant did promise and obleidge himself to present his sone And that in the mean tyme he should keep the peace Yet to show the rancor and malice of his heart againest the said Doctor Dicksone for drinking there majesties healths upon the day thereafter being the seventeint of maij betuixt Eight and Nyne acloack at night he did in a furious maner Come out of a Coatch and assualt and rune upon the said Doctor Dicksone and beatt him upon the Face, and turne about his nose and Call him villaine and rascall In manifest contempt of there majestyes there authority and Lawes Whereby the said Doctor Charles Oliphant and David Robertsone are guilty of most treasonable and seditious practices and ane high and manifest ryott and breach of the peace and Lawes of the Kingdome and aught and should be exemplarly punished in there persones and goods to the terror of others to Committ the Lyke in tyme comeing And Anent the Charge Given to the saids Doctor Charles Oliphant and David Robertson To have Compeared befor the saids Lords of there majesties privie Councill To ansuer to the points of the above Lybell upon the tuentyeth day of maij Instant and to hear and see such order and course taken there anent as appertaines under the pain of rebellione and putting of them to the horne With Certificatione to them If they failzied There majestyes other Letters would be direct simpliciter for putting them thereto As the said Lybell and executiones thereof bears. Which Being Called In presence of the saids Lords of privie Councill upon the said tuentieth day of maij Instant And there majesties sollicitor being present with Mr Hugh Dalrymple advocat as persuer and the defenders personallie present being brought from prisone to the barr The saids Lords of there majesties privie Councill Finds the Lybell relevant and admitts the same to probatione And the witnesses being called and Compearing and Except Mr Simon Mckenzie and Captain […] Muir Granted farder diligence againest the said tuo absent witnesses And the witnesses present haveing made faith except Doctor Dicksone Remitted to the Lords Fountainhall and Enstruther to examine all the witnesses Except the said Doctor. And the saids Lords of privie Councill haveing this day Considered the above Lybell with the depositiones of the witnesses adduced for proveing thereof They Find him In the soume of Ane Hundreth pounds sterling and ordaines him to pay the same to Sir Patrick Murray Collector of there majesties Croun rents And appoints him to be detained prisoner in the tolbooth of Edinburgh till the same be payed And Lykewayes Finds the Lybell proven againest the said David Robertsone And therefore Fynes him in the soume of Fiftie pounds sterling and ordaines him to make payment thereof to the said Sir Patrick Murray And appoints him to remaine prisoner in the tolbooth of Edinburgh untill he make payment of the same And for such tyme therefter as the saids Lords Lords2 shall think fitt And ordaines both the saids defenders instantly to find sufficient Cautione acted in the books of privie Councill That they shall keep the peace And on nowayes disturb the same And particularly that Doctor David Dicksone his wyfe bairnes tennents and servants shall be harmeles and skaithles of the saids defenders there wyves bairnes tennents and servants And on nowayes troubled or molested by them or there forsaids Nor by none others of there Causing sending out Comand resett assistance or ratihabitione whom they may stopt or Lett directly or Indirectly under the penalty of Tuo Hundreth pound sterling a piece And the saids Lords gives order and warrand to the Clerks of privie Councill In whose hands the keyes of the said David Robertsone his Cellars and Severall roumes of his duelling house or Inn’s which were seized by order of Councill, are now Lyeing To redelyver and give back the saids keyes And ordaines Letters of horning on six dayes and others nead full to pass hereon as effeirs

At Edinburgh 21 May 1692

A1692/5/1471

Decreet

Decreet: their majesties’ solicitor against Oliphant and Robertson

Regarding the libel or complaint raised before the lords of their majesties’ privy council at the instance of Sir William Lockhart, their majesties’ solicitor, for their highnesses’ interest in the matter underwritten, mentioning that where by canon law and by the laws and acts of parliament of this and every well-governed nation, the owning, acknowledging or wishing well to any other person as king than he who is established by law, and forcing the lieges to do or challenging them for not doing acts contrary to their inclinations and the lawes of the land and the appealing and stirring up any person to combat and the assaulting, invading, beating or wounding any of their majesties’ subjects, especially upon the high streets of Edinburgh, and when the foresaid persons committers thereof are bound and under bail for the peace by obligation or promise to the said lords of council are crimes of a high nature and most severely punishable, and particularly by an act of the meeting of the estates of this kingdom dated 13 April 1689, all the lieges are prohibited and forbidden upon their highest peril to own or acknowledge the late King James as their king, and by an act of the present current parliament dated 17 June 1689 recognising their majesties’ authority, it is declared high treason in any of the subjects of this kingdom by writing, speaking or any other manner of way to challenge or impugn their majesties’ authority, right and title to the crown. Yet nevertheless it is of verity that Doctor Charles Oliphant, son of Charles Oliphant of Langton, and David Robertson, vintner in Edinburgh, shaking off all fear of God and the just obedience and allegiance they owe to their majesties, their government, authority and laws, being upon 16 May current, or one or other of the days of the said month, convened with Mr Archibald Sinclair, advocate, Mr Simeon MacKenzie, nephew to the deceased Sir George MacKenzie of Rosehaugh, Mr David Dickson, doctor of medicine, and Robert Clerk, surgeon apothecary in Edinburgh, in the house of the said David Robertson, Mr Archibald Sinclair drank the king’s health and when it came to be drunk by the said Doctor Charles Oliphant, he did most undutifully and disloyally say that the king’s health might be drunk in an equivocal sense and accordingly he drank it in that sense, and the health coming to Doctor Dickson, he said he would drink it in a univocal sense and thereupon named the health of King William, upon which the said Doctor Oliphant rose up, and fell into an extraordinary fit of passion and swore by God he would not drink it, and called Doctor Dickson impertinent for particularising such a health, and thereupon uttered such words that it was an affront to him and several other words and expressions which imported an appeal and signified a designed revenge upon which the company did interpose, and they being upon their feet made them sit down, and immediately thereafter the said David Robertson took up the glass and to show his disaffection to their said majesties and their government and contrary to the due allegiance he owes to the same, did drink King James’s health and said when the king’s health was drunk by him in his house he always meant King James, to which Doctor Oliphant said it was King James’s health and he would see it go round, and thereupon Doctor Dickson having taken the company witness of such an insolent contempt of their majesties’ laws and government, left them and albeit upon accusation of the matter to the lords of privy council and in order to secure the persons, Charles Oliphant, father to the said Doctor Oliphant, promised and obliged himself to present his son, and that in the meantime he should keep the peace, yet to show the rancour and malice of his heart against the said Doctor Dickson for drinking their majesties’ health, upon the day thereafter being 17 of May between 8 and 9 o’clock at night he did in a furious manner come out of a coach and assault and run upon the said Doctor Dickson and beat him upon the face, and turn about his nose and call him villain and rascal in manifest contempt of their majesties, their authority and laws, whereby the said Doctor Charles Oliphant and David Robertson are guilty of most treasonable and seditious practices and a high and manifest riot and breach of the peace and laws of the kingdom and ought and should be exemplarily punished in their persons and goods to the terror of others to commit the same in future, and concerning the charge given to the said Doctor Charles Oliphant and David Robertson to have appeared before the said lords of their majesties’ privy council to answer to the points of the above libel on 20 May instant and to hear and see such order and course taken as appertains under the pain of rebellion and putting of them to the horn with certification to them that if they failed their majesties’ other letters would be directed summarily for putting them thereto, as the said libel and executions thereof bear. Which being called in presence of the said lords of privy council on the said 20 May instant, and their majesties’ solicitor being present with Mr Hugh Dalrymple advocate as pursuer, and the defenders personally present being brought from prison to the bar, the said lords of their majesties’ privy council find the libel relevant and admit the same to probation, and the witnesses being called and appearing and except Mr Simon MacKenzie and Captain […] Muir granted further diligence against the said two absent witnesses, and the witnesses present having made faith except Doctor Dickson, it was remitted to the Lords Fountainhall and Anstruther to examine all the witnesses except the said Doctor. And the said lords of privy council having this day considered the above libel with the depositions of the witnesses adduced for proving thereof, they fine him in the sum £100 sterling and ordain him to pay the same to Sir Patrick Murray, collector of their majesties’ crown rents, and appoint him to be detained prisoner in the tolbooth of Edinburgh till the same be paid, and similarly they find the libel proved against the said David Robertson and therefore fine him in the sum of £50 sterling and ordain him to make payment thereof to the said Sir Patrick Murray, and appoint him to remain a prisoner in the tolbooth of Edinburgh until he makes payment of the same and for such time thereafter as the said lords shall think fit, and they ordain both the said defenders instantly to find sufficient caution acted in the books of privy council that they shall keep the peace and in no way disturb the same, and particularly that Doctor David Dickson, his wife, children, tenants and servants shall not be harmed or injured by the said defenders’ wives, children, tenants and servants, and in no way troubled or molested by them, nor by any others of their causing, sending out, command, reset, assistance or approval whom they may stop or let directly or indirectly under the penalty of £200 sterling each, and the said lords give order and warrant to the clerks of privy council in whose hands the keys of the said David Robertson’s cellars and several rooms of his dwelling house or inn which were seized by order of council are now lying, to redeliver and give back the said keys, and they ordain letters of horning on six days’ notice and other necessary things to pass hereon as required.

1. PC1/48, 215-18.

2. Sic.

1. PC1/48, 215-18.