Act, 6 October 1697, Edinburgh

Att Edinburgh the third day of Agust J^aj vi^c nyntie seven years post meridiem

A1697/8/6

A1697/8/6¹

Decreet

Decreet absolvitor The Master of Kenmure Dalziell etc against his Majesties Advocat

Anent the Lybell or Complaint raised and pursued Before the Lords of his Majesties privie Councill at the instance of Sir James Steuart his Majesties Advocat for his highnes Interest in the matter underwryten Making Mention That wher by the Act of Convention the thretteenth day of Aprile J^aj vi^c Eightie Nyne years All the Leidges are Certified that none presume to oun or acknouledge the Late King James the seventh for their King nor to Impugne or desoun the royall authority of his Majestie King William But that all render their dutifull obedience to his Majestie as King of this realme Lykeas by the second Act of the parliament J^aj vi^c Eightie Nyne It is declared to be high treasone in any of the subjects of this Kingdome to disoune quarrell or Impugne his Majesties royall authority and pouer or right and title to the Croune by wryting speaking or any other manner of way As also it is at Leist a high and Insolent Contempt and misdemeanour for any of his Majesties Leidges to offer to oune the Late King James and at the same tyme to presume to express their disaffection to his Majestie and that in so horrid a uay as to wish his Confusion Nevertheless It is of veritie that […] Master of Kenmure […] Crack of Steuartoune and […] Captain Dalziell shaking off all fear of God and regaird to his Majestie his authority and Laues had the wicked Insolence as upon one or other of the dayes of the months of Aprile or May last when mett a place neer Drumfreis Called Stay the Voyage to utter and express their undutyfulnes to his Majestie his authority and Government and that hellish malice against his Majesties sacred persone as first to propose to be drunk or to drink or to pledge the Late King James his health aither by name expressly or by some Circumlocution of the old man on the other syde of the water or the Lyke As also most villainously and traiterously to propose to be drunk or to drink or pledge a Cup to the Confusion of his Majesties sacred persone or at Leist they in their said wickednes Drank healths to the forsaids purposes under names and tearms of their oun Contryving By doing wherof they and each of them are Guiltie airt and part of the forsaid high wicked and Insolent misdemanners For which the same being proven They ought to be punished in their persone 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 this day before the saids Lords of his Majesties privie Councill To have Ansuered to the Grounds of the said Complaint and to have heard and seen such order and Course taken thereuith as the saids Lords of his Majesties privie Should think fitt under the paine of rebellion and putt them to the horne with Certificatione as in the said principall Lybell or Complaint raised in the said matter and executiones therof at more Length is Contained Which Lybell Being upon the day and date heirof Called in presence of the saids Lords of his Majesties privie Councill And His Majesties Advocat and Sir Patrick Home his Majesties sollicitor Compearing personallie for his Majesties Intrest as pursuars And the Master of Kenmure one of the defenders being absent And the tuo other defenders being brought prisoners from the tolbooth of Edinburgh to the barr The saids Lords admitted the Lybell to the pursuars probatione And appointed a Committie to examine the uitnesses Which Committie Having mett Did take the oaths and depositiones of Diverse and sundry famous uitnesses who being all solemnly suorne Deponed and declared as their oathes and depositiones Extant in proces bears And the saids Lords of his Majesties privie Councill Having this same day in the Afternoon Considered the depositiones of the uitnesses They Find the Lybell not proven And therfore Have Assoilzied and heirby Assoilzies the saids three defenders from the haill points and articles of the Lybell And ordaines the Magistrats of Edinburgh and Keeper of their tolbooth to sett the said […] Crack of Steuartoun and Captain Dalziell at Libertie furth therof In respect the said Captain Dalziell first before his Liberation hath given bond and found sufficient Caution acted in the books of privie Councill That he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult or Contrive any thing any prejudice therof nor shall not Converss or Correspond uith any rebelles And that he shall appear before the saids Lords whensoever he shall be Called for or required to that effect under the penaltie of one hundred pounds Sterline In caise he shall transgress in any part of the premisses.