Decreet, 25 January 1700, Edinburgh

Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Twenty Fifth day of January Jaj viic years

A1700/1/301

Decreet

Decreit Absolvitor Doctor Pitcairne Against His Majesties Advocat

Anent The Lyble or Letters of Complaint Raised and persued before the Lords of his Majesties privy Councill att the Instance of Sir James Stewart his Majesties Advocat for his highness Interest in the Matter underwritten by special order of the saids Lords of his Majesties privy Councill Making Mention That Where by severall acts of Parliament, It is Statute That Leising makers and Tellers of them to the Engendring of Discord, Between his Majesty and his people, should be in his Majesties Will And particularly by the act James Sixth, Parliament Eight Chapter, one Hundered and Threty Four, It is Statute That all Such as privatly or publictly outer Sclanders or untrue Speeches To the Reproach of his Majesty, His Councill and proceedings or to the Dishonor or hurt of his Majesty, or who medle in the affairs of his Majesty or Estate present bygone and intyme coming be punished as Leiseing makers which by the forsaid former acts is Tinsell of Life and goods to his Majesty Nevertheless It is of verity That Mr Archbald Pitcairne Doctor of medicine on the occasion of ane Address, sett on foot for the meeting of the Parliament and of his Majesties Proclamation anent Petitioning Signifieing his Displeasure against the disorderly and undutifull, way and manner of carrying on the Same, Did presume on ane or other of the dayes of December last to write and Send a Letter all written and Subscrived with his hand to one Doctor Gray in London wherin he Falsely Represents That the Said Address for the Parliament he Falsely Represents That the Said Address for the Parliament goes on unanimously Throw the whole nation, and That only a few Courtiers and Presbeterian ministers oppose it, But in vain, and That Twice So many have Signed since the proclamation anent Petitioning, as Signed it before, And Bids him take Notice That there is one sent To Court with a Title Different, To beguile the Elect of the Court If it were possible, And That all the Corporationes and all the Gentlemen have Signed the address and himself among the rest, And That it is now a nationall Covenant And by Jove It would produce a nationall and universalle […] To which he adds That he is Thinking after a Lazie Way, To Reprint his papers, But hopes there Shall be news Ere they are printed, And That he is calculating the Force of the Musculi Abdominis in Digesting meat and is Sure he can prove they can doe it, une belle affair, Which Being the Words and Substance of the said letter, It being False that the said address Lines almost as many Lyes, It being False that the said address goes on unanimously and that a few Courtiers and Presbeterian ministers doe only in vain oppose it, as lykeways It is a Gross and Scandalous Falsehood That Twice So many hade Signed it since the Proclamation anent Petitioning as hade Signed it before, wherby he plainly Insinuats, as if his Majesties Leidges did Contemn or misregaird the forsaid proclamation, And Furder where he Takes notice That there is one sent to Court, with a Different Title To beguile the Elect of the Court, If it were possible, It is not only ane none-sensicall and Irreligious Expression, But as to any sense it is capable of Suggests designes of Imposeing and deceaveing amongst his Majesties goods Subjects, But where he adds all the Gentry all the Incorporationes have Signed the address, It is another Gross lye, out of which nevertheless he Fancies and positively affirmes a nationall Covenant or rather Combination then which being in opposition as he hath Insinuat To his Majesty’s forsaid Proclamation, Nothing could be more pernicious, And This he Furder Confirmes by swearing prophanely as a Pagan and not as a Christian by Jove, It will produce a Nationall and universall […] Which Blank cannot From such premises be Construed, To have a Less Import Then A Nationall and ane universall overturning, And so he hopes That there Shall Soon be news And For what he adds of his Musculi abdominis and of their Force, In digesting, whither It be plainly meant or in Mistery yet it is manifest That This particle of the forsaid Letter, In Stead of une belle affair Is a most False Scandalous and mischevious attempt, By all which It is Evident That in writing and Sending the forsaid Letter he hath uttered False Scandalous or untrue Speeches To the disdain Reproach and Contempt of his Majesty His Councill and proceedings or to the Dishonour or prejudice of his Majesty, And That he hath both Foolishly and wickedly medled in the affaris of his Majesty and his Estate, which being Found proven by the said Letter acknowledged by himself, Judicialy In presence of the Lords of his Majesties privy Councill he ought to be Severely punished in his person and goods, as the saids Lords of privy Councill shall see cause, To the Example and Terror of others to Committ the like in tyme comeing. And Anent the Charge given to the Said Defender To have Compeared personally before the Saids Lords of his majesties privy Councill at ane certan day bygone To have answered to the grounds of the above Complaint and To have heard and Seen Such order and course taken thereanent as the saids Lords Should Think fitt under the pain of Rebellion and putting of him to the horn with Certification etc as in the principall Lyble or Letters of Complaint with the Executiones therof att more length is contained. Which Lyble Being this day Called In presence of the Lords of his Majesties privy Councill And The Lord Advocat Compearing personally with Sir Patrick Home his Majesties Solicitor as persuers, And The Said Doctor Pitcairne defender Compearing also personally with Sir Patrick Hume his Majesties Solicitor as persuers, And The Said Doctor Pitcairne defender Compearing also personally with Mr David Dalrymple, Mr David Cuningham and Mr James Nasmith his Advocates, The Lyble with a Petition given in by the defender acknowledging his Fault and Folly in writing the Letter Lybelled upon, And declaring It was in Cups and without any design Either against his Majesty or the Government, and absolutely Submitting to the privy Councill, The Councill accepted of his Submission, And appointed him to be called to the Barr, And Recomended To the Lord High Chancellor To give him a Reprimand, And The Saids Lords of his Majesties privy Councill Having caused call The Said Mr Archbald Pitcairne To the Barr, The said Lord High Chancellor gave him a Reprimand, Which The said Doctor Receaved humbly acknowledgeing his fault, as said is And The Saids Lords Decerned and ordained The said Doctor Pitcairne defender To give Bond and Find Sufficient Caution acted in the books of his Majesties privy Councill, That he shall live peaceably under and with all Submission, To the present Government of his Majesty King William, And That he shall not act Consult or Contrive any thing in prejudice therof, nor shall not Converse or Correspond with any Rebells And That he shall appear before the saids Lords of privy Councill whensoever he shall be Called or Required therto, under the penalty of Two Hundered pounds Sterling, In caice he shall Faill or Transgress in any pairt of the premises which accordingly he did and Therupon was dismissed from the Barr free from all Furder Censure or punishment for the said Fault and offence, And The saids Lords allowes their Clerks to deliver up, To the said Doctor Pitcairne The Bond formerly granted be him as Principall and Sir Archbald Stevensone Doctor of medicine as Cautioner For hes peaceable behaviour and appearance when called for, Containing Two Hundered pounds sterling of penalty dated the Eighteenth day of January Instant.

Att Edinburgh The Twenty Fifth day of January Jaj viic years

A1700/1/301

Decreet

Decreit Absolvitor Doctor Pitcairne Against His Majesties Advocat

Anent The Lyble or Letters of Complaint Raised and persued before the Lords of his Majesties privy Councill att the Instance of Sir James Stewart his Majesties Advocat for his highness Interest in the Matter underwritten by special order of the saids Lords of his Majesties privy Councill Making Mention That Where by severall acts of Parliament, It is Statute That Leising makers and Tellers of them to the Engendring of Discord, Between his Majesty and his people, should be in his Majesties Will And particularly by the act James Sixth, Parliament Eight Chapter, one Hundered and Threty Four, It is Statute That all Such as privatly or publictly outer Sclanders or untrue Speeches To the Reproach of his Majesty, His Councill and proceedings or to the Dishonor or hurt of his Majesty, or who medle in the affairs of his Majesty or Estate present bygone and intyme coming be punished as Leiseing makers which by the forsaid former acts is Tinsell of Life and goods to his Majesty Nevertheless It is of verity That Mr Archbald Pitcairne Doctor of medicine on the occasion of ane Address, sett on foot for the meeting of the Parliament and of his Majesties Proclamation anent Petitioning Signifieing his Displeasure against the disorderly and undutifull, way and manner of carrying on the Same, Did presume on ane or other of the dayes of December last to write and Send a Letter all written and Subscrived with his hand to one Doctor Gray in London wherin he Falsely Represents That the Said Address for the Parliament he Falsely Represents That the Said Address for the Parliament goes on unanimously Throw the whole nation, and That only a few Courtiers and Presbeterian ministers oppose it, But in vain, and That Twice So many have Signed since the proclamation anent Petitioning, as Signed it before, And Bids him take Notice That there is one sent To Court with a Title Different, To beguile the Elect of the Court If it were possible, And That all the Corporationes and all the Gentlemen have Signed the address and himself among the rest, And That it is now a nationall Covenant And by Jove It would produce a nationall and universalle […] To which he adds That he is Thinking after a Lazie Way, To Reprint his papers, But hopes there Shall be news Ere they are printed, And That he is calculating the Force of the Musculi Abdominis in Digesting meat and is Sure he can prove they can doe it, une belle affair, Which Being the Words and Substance of the said letter, It being False that the said address Lines almost as many Lyes, It being False that the said address goes on unanimously and that a few Courtiers and Presbeterian ministers doe only in vain oppose it, as lykeways It is a Gross and Scandalous Falsehood That Twice So many hade Signed it since the Proclamation anent Petitioning as hade Signed it before, wherby he plainly Insinuats, as if his Majesties Leidges did Contemn or misregaird the forsaid proclamation, And Furder where he Takes notice That there is one sent to Court, with a Different Title To beguile the Elect of the Court, If it were possible, It is not only ane none-sensicall and Irreligious Expression, But as to any sense it is capable of Suggests designes of Imposeing and deceaveing amongst his Majesties goods Subjects, But where he adds all the Gentry all the Incorporationes have Signed the address, It is another Gross lye, out of which nevertheless he Fancies and positively affirmes a nationall Covenant or rather Combination then which being in opposition as he hath Insinuat To his Majesty’s forsaid Proclamation, Nothing could be more pernicious, And This he Furder Confirmes by swearing prophanely as a Pagan and not as a Christian by Jove, It will produce a Nationall and universall […] Which Blank cannot From such premises be Construed, To have a Less Import Then A Nationall and ane universall overturning, And so he hopes That there Shall Soon be news And For what he adds of his Musculi abdominis and of their Force, In digesting, whither It be plainly meant or in Mistery yet it is manifest That This particle of the forsaid Letter, In Stead of une belle affair Is a most False Scandalous and mischevious attempt, By all which It is Evident That in writing and Sending the forsaid Letter he hath uttered False Scandalous or untrue Speeches To the disdain Reproach and Contempt of his Majesty His Councill and proceedings or to the Dishonour or prejudice of his Majesty, And That he hath both Foolishly and wickedly medled in the affaris of his Majesty and his Estate, which being Found proven by the said Letter acknowledged by himself, Judicialy In presence of the Lords of his Majesties privy Councill he ought to be Severely punished in his person and goods, as the saids Lords of privy Councill shall see cause, To the Example and Terror of others to Committ the like in tyme comeing. And Anent the Charge given to the Said Defender To have Compeared personally before the Saids Lords of his majesties privy Councill at ane certan day bygone To have answered to the grounds of the above Complaint and To have heard and Seen Such order and course taken thereanent as the saids Lords Should Think fitt under the pain of Rebellion and putting of him to the horn with Certification etc as in the principall Lyble or Letters of Complaint with the Executiones therof att more length is contained. Which Lyble Being this day Called In presence of the Lords of his Majesties privy Councill And The Lord Advocat Compearing personally with Sir Patrick Home his Majesties Solicitor as persuers, And The Said Doctor Pitcairne defender Compearing also personally with Sir Patrick Hume his Majesties Solicitor as persuers, And The Said Doctor Pitcairne defender Compearing also personally with Mr David Dalrymple, Mr David Cuningham and Mr James Nasmith his Advocates, The Lyble with a Petition given in by the defender acknowledging his Fault and Folly in writing the Letter Lybelled upon, And declaring It was in Cups and without any design Either against his Majesty or the Government, and absolutely Submitting to the privy Councill, The Councill accepted of his Submission, And appointed him to be called to the Barr, And Recomended To the Lord High Chancellor To give him a Reprimand, And The Saids Lords of his Majesties privy Councill Having caused call The Said Mr Archbald Pitcairne To the Barr, The said Lord High Chancellor gave him a Reprimand, Which The said Doctor Receaved humbly acknowledgeing his fault, as said is And The Saids Lords Decerned and ordained The said Doctor Pitcairne defender To give Bond and Find Sufficient Caution acted in the books of his Majesties privy Councill, That he shall live peaceably under and with all Submission, To the present Government of his Majesty King William, And That he shall not act Consult or Contrive any thing in prejudice therof, nor shall not Converse or Correspond with any Rebells And That he shall appear before the saids Lords of privy Councill whensoever he shall be Called or Required therto, under the penalty of Two Hundered pounds Sterling, In caice he shall Faill or Transgress in any pairt of the premises which accordingly he did and Therupon was dismissed from the Barr free from all Furder Censure or punishment for the said Fault and offence, And The saids Lords allowes their Clerks to deliver up, To the said Doctor Pitcairne The Bond formerly granted be him as Principall and Sir Archbald Stevensone Doctor of medicine as Cautioner For hes peaceable behaviour and appearance when called for, Containing Two Hundered pounds sterling of penalty dated the Eighteenth day of January Instant.

1. NRS, PC1/52, 66-9.

1. NRS, PC1/52, 66-9.