Decreet, 23 September 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh The Twenty Third day of September Jaj vic nyntie six years

A1696/9/281

Decreet

Decreet and Act His Majesties Advocat Against McDougall and Smith rablers

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councill att the instance of Sir James Steuart his Majesties Advocat for his highness Interest in the matter underwryten Mentioning That whereas by the Laus of all well Governed nations The raising of a tumult or Concurring therein are Crimes of a high nature and severely punishable And it being of veritie that some of the toune officers having apprehended James Gibson Gunsmith in the Castle of Edinburgh by vertue of ane Act of warding And some persons hath Come into the place when he was to rescue him And the officers having sent for a partie of the Guard to their assistance And as they were Carrying the saids persons to the guard a Number of people having Conveened In a tumultuarie Manner They Assaulted the Guaird by throwing stones at them and using other acts of violence touards them And Alexander Munteith Deacon conveener2 having come out to Indeavour to dissipat the rabble he was wounded in the head And James Mcdugall servitor to Sir William Scott of Harden William Lindsay and Andrew Smith servitors to William Fisher were Instrumentall in raising the said tumult at Last did Concurr In so farr as The said James Mcdugall with others did throw stones at the Guaird and when he was reproved for he most arrogantly and disdainfullie ansuered That he would not Give over untill these persons that were prisoners were sett free out of the Guard And that he would be avenged upon the Rogues Meaning the party of the Guaird or had Some such expressions to that purpose And the saids forenamed persons Did most Cruellie and Barbarously bate and strick David McLeish one of the souldiers of the guaird who was sent with some of the souldiers to Guaird one of the Closs heads to Keep off the rable from assaulting the Guaird off which Crime of raising a tumult within Burgh or Concurring therein The forenamed persons are guiltie as actors airt and part And therefore ought to be examplarly punished in their persons and Goods To the example and terror of others to Committ the Lyke in tyme coming And anent the charge given to the saids Defenders to have Compeared personallie before the saids Lords of his Majesties privie Councill at ane Certain day bygone To have ansuered to the Grounds of the above wryten 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 putting them to the horne with Certification etc as the said principall Lybell or Letters of Complaint with the executions thereof at more Length proports Which Lybell Being this very day Called in presence of his Majesties high Commissioner and the Lords of his Majesties privie Councell And the Lord Advocat and Sir Patrick Home his Majesties Sollicitor Compearing personallie for his Majesties Interest And the said James Mcdugall and Andrew Smith Compearing also personallie his Majesties high Commissioner and Lords of his Majesties privie Councill having Considered the said Lybell They have assoilzied and heirby assoilzies the said James Mcdugall From the points and articles of the said Lybell And Declares him quyte thereof and free therfrom in all tyme coming And ordaines the Magistrats of Edinburgh and Keeper of their tolbooth to sett him at Libertie furth thereof And have admitted and hereby admitts the said Lybell to probation Against the said Andrew Smith And the witnesses Cited Being Called and not Compearing his Majesties high Commissioner and Lords of his Majesties privie Councill Doe heirby Grant Farder dilligence by Caption Against the saids witnesses untill the […] day of […].

Att Edinburgh The Twenty Third day of September Jaj vic nyntie six years

A1696/9/281

Decreet

Decreet and Act His Majesties Advocat Against McDougall and Smith rablers

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councill att the instance of Sir James Steuart his Majesties Advocat for his highness Interest in the matter underwryten Mentioning That whereas by the Laus of all well Governed nations The raising of a tumult or Concurring therein are Crimes of a high nature and severely punishable And it being of veritie that some of the toune officers having apprehended James Gibson Gunsmith in the Castle of Edinburgh by vertue of ane Act of warding And some persons hath Come into the place when he was to rescue him And the officers having sent for a partie of the Guard to their assistance And as they were Carrying the saids persons to the guard a Number of people having Conveened In a tumultuarie Manner They Assaulted the Guaird by throwing stones at them and using other acts of violence touards them And Alexander Munteith Deacon conveener2 having come out to Indeavour to dissipat the rabble he was wounded in the head And James Mcdugall servitor to Sir William Scott of Harden William Lindsay and Andrew Smith servitors to William Fisher were Instrumentall in raising the said tumult at Last did Concurr In so farr as The said James Mcdugall with others did throw stones at the Guaird and when he was reproved for he most arrogantly and disdainfullie ansuered That he would not Give over untill these persons that were prisoners were sett free out of the Guard And that he would be avenged upon the Rogues Meaning the party of the Guaird or had Some such expressions to that purpose And the saids forenamed persons Did most Cruellie and Barbarously bate and strick David McLeish one of the souldiers of the guaird who was sent with some of the souldiers to Guaird one of the Closs heads to Keep off the rable from assaulting the Guaird off which Crime of raising a tumult within Burgh or Concurring therein The forenamed persons are guiltie as actors airt and part And therefore ought to be examplarly punished in their persons and Goods To the example and terror of others to Committ the Lyke in tyme coming And anent the charge given to the saids Defenders to have Compeared personallie before the saids Lords of his Majesties privie Councill at ane Certain day bygone To have ansuered to the Grounds of the above wryten 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 putting them to the horne with Certification etc as the said principall Lybell or Letters of Complaint with the executions thereof at more Length proports Which Lybell Being this very day Called in presence of his Majesties high Commissioner and the Lords of his Majesties privie Councell And the Lord Advocat and Sir Patrick Home his Majesties Sollicitor Compearing personallie for his Majesties Interest And the said James Mcdugall and Andrew Smith Compearing also personallie his Majesties high Commissioner and Lords of his Majesties privie Councill having Considered the said Lybell They have assoilzied and heirby assoilzies the said James Mcdugall From the points and articles of the said Lybell And Declares him quyte thereof and free therfrom in all tyme coming And ordaines the Magistrats of Edinburgh and Keeper of their tolbooth to sett him at Libertie furth thereof And have admitted and hereby admitts the said Lybell to probation Against the said Andrew Smith And the witnesses Cited Being Called and not Compearing his Majesties high Commissioner and Lords of his Majesties privie Councill Doe heirby Grant Farder dilligence by Caption Against the saids witnesses untill the […] day of […].

1. NRS, PC1/51, 17-8.

2. The phrase ‘Deacon conveeer’ is an insertion.

3. NRS, PC1/51, 19.

1. NRS, PC1/51, 17-8.

2. The phrase ‘Deacon conveeer’ is an insertion.

3. NRS, PC1/51, 19.