Decreet, 31 July 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the Threttieth one day of Jully Jaj vjc nyntie four

D1694/7/211

Decreet

Decreet Thomas Stodhart Against The magistrats of Lanerk.

Anent the lybell or letters raised and pursued before the Lords of their majesties privy Councill at the instance of Thomas Stodhard toune Clerk of Lanrick and Sir James Stewart their majesties Advocat for their highnes intrest in the matter underwritten Makeing Mention That wher by the Comon law, the lawes of this and all other weell governed nationes, persones legally Secured and in possessione of their rights and offices ought to be therin protected and nowayes molested much les throwen out in any arbitrary way without any Just cause especially wher they have their Commissiones dureing life Likeas persones in office, specially when the said office is of publict concerne if arbitrarly ejected Ought to be reponed as alsoe by the clame of right it is Declaired amongst other things The Loss of offices is to be Considered and the parties Lesed redressed Nevertheless It is of verity That albeit the pursuer was provyded lawfullie in the toune Clerkships of Lanerk in anno Jaj vjc Eightie and his right Confirmed and extended durante vita anno Jaj vjc Eightie two and possessed and officiat in the same for severall years yet upon some sugestione he was first put in prisone in november Jaj vjc Eightie two without any Cause signified and the Aprill therafter the wholl magistrats and toune Councill haveing been 2 according to a Custome to much in use in these time summarly turned out without any Causse assigned, The persewer was likwayes turned out with them in alse much the new magistrats and Councill that were then arbitrary placed did Immediatly take the pursuers office from him without either Complaint or process raised against him and further sumerly seized upon the books of his office and delivered them to the deceased William Lamb without so much as allowing him any time to fill them up or put them in order and then Conferred the office upon the said William Lamb who Dyed about the time of the revolutione And albeit the said pursuer applyed to the Magistrats Requyreing them to repone him and took instruments upon their refuseall yet at the same time they represented to the Conventione that they hade no Clerk and Clandistinely got out ane order that Robert Dick present pretended Clerk to the said burgh, should be Clerk to their popular electione, But their Majesties trusty and weelbeloved Councellor, The Lord Carmicheall being appointed to oversee their electione and he knowing how much the pursuer hade been wronged called him to officiat Lykeas de facto he did administrat the oathes to the magistrats, Then Chosen but so soon as this was ever, these Magistrats haveing also their privat Designs did againe turne him out and put the said Robert Dick in possessione of the office who ever since hath enjoyed it without any right, and to the pursuers great prejudice who haveing a good standing right and title, And haveing been ejected in a plaine arbitary and violent maner, The pursewer ought not only to be reponed to the said office And to have the books of the said office redelivered to him to the effect after specified But likewayes the haill profitts of the same And Thomas Hamiltone and William Inglis baillies of the said burgh of Lanerk James Weir dean of Gild Robert Hunter late baillie John Hamiltone deacon Conveener, James Innes thesaurer, Archibald Simsone John Young late Dean of Gild, Androw Wilsone Glover James Gardner maltman, James Watsone Gunsmith William Simsone Taylor William Orr Litster, James Simpsone wright, Thomas Pattone […] John Thomsone wright James Park weaver and Robert Dick presant Clerk Mr Richard Lockhart of Lee Robert Mcgie James Haistie […] William Mastertoune William Pattoune late baillie, Androw Maxwell James Naesmith, Archibald Huslewood, David Gibsone and Robert Hastie all Councellors and members of the Councill of the said burgh Ought and should be Ordained to readmitt and possess the said pursuer therin and to redeliver to him the books of the office to the effect the same may be filled up and put in order for the good of the burgh and vindicatione of his oun Credit And the said Robert Dick to make payment to him of the saids profitts and the magistrats in the soume of […] for his Coast skaith and damnadges and otherwayes punished in their persones and goods to the terror of others to Committ and doe the like in time comeing And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeired personally before the saids Lords of ther majesties privy Councill at ane Certaine day now bygone To have heard and seen 3Such order and Course taken theranent as the saids Lords should think fitt as in the principall Lybell or letters with the executions therof at more length is Contained Which Lybell or letters being upon the twentie sixth day of Jully instant Called and the said Thomas Stodhart pursuer Compeiring personally with Sir James Ogilvie Sir Patrick Home and Mr John Meinzies his Advocats and the said Thomas and John Hamiltons William Inglis Robert Dick and James Naesmith five of the defenders Compeiring also personally with Mr Hew Dalrymple Mr David Cuninghame and James Stewart advocats for the haill defenders And the rest of the defenders being all Lawfullie cited often tymes Called and not Compeiring, The Lybell and answers therto being read and 4 both parties advocats fully heard The saids Lords of ther majesties privy Councill nominat and appointed a Committie of their oun number for Considering the Lybell and also the writtes produced or which should be produced be either of the saids parties before the said Committie And Recommanded to them to report ther oppinion theranent And the said Comittie haveing accordingly mett They returned ther Report to the Councill in these termes following viz That they have seen a Commissione subscryved by the baillies Dean of Gild and severall Councellors of Lanerk to Thomas Stodhart to be toune Clerk of Lanerk dureing all the dayes of his liftime be vertue of which he was in possessione And he adhears to the verity therof and Craves to be reponed to the possessione and offers to prove his possessione presently be the magistrats who subscryved the Commissione The other partie alledges this Commission is a null Commissione Primo Because it wants witnesses Secundo they offer to prove a dimissione be the said Stod-hart and for proveing therof produced the toune Court book which they instantly took up againe bearing (under the hand of the Laird of Lee as is said provest for the time) That he the said Stodhart had dimitted, To Which it wes answered for Stodhart That that very sederunt proves his possessione being all written with his oun hand Except his alledged Dimissione and the Choiseing another Clerk, and that the dimissione not being subscryved be him It was no act of his, and Cannot take away his Comissione And for any pretended nullities he adheres to his Commissione and will answer as accords, and Craves to be repossessed The other partie alleadged the Dimissione is valid Because it is recorded, and accordingly Stodhart hes been out of possessione for a long time And Therfore he cannot be restored but by ane Ordinary actione, and before ane Judge who will Consider the nullities objected And that two other Clerks have been since in possessione whose right cannot be taken away sumarly Wherunto It wes Replyed for Stodhart That his absteaning from possessione wes via et metu untill the revolutione, and then he did apply, and since it has been depending by process or treatie And Farder the Comittie gave their oppinion that the said Thomas Stodhart pursuer was in possessione, And that they see no legall way of his being turned out And Therfore that he should be repossessed Reserving to the other partie actione upon the nullities as accords And The saids Lords of their Majesties privy Councill Haveing this day Considered the forsaid report They approve therof And Decernes and Ordaines the above defenders baillies Dean of Gild Thesaurer and Councellors of the burgh of Lanerk to repone and reenter the above Thomas Stodhart pursuer to the peacable possessione and free exercise of his offices of toune and Dean of Gild Clerk of Lanerk upon his said lifrent gift of his said office in the samen maner as he possessed the same formerly and to redeliver to him the books of the said offices to the effect the soume may be filled up and putt in order for the good of the said burgh and vindicatione of the pursuers Credit Reserving the defenders actione upon any nullities can be alledged against the forsaid lyfrent gift by way of reductione before the Lords of Councill and sessione, And Ordaines letters of horning one six dayes to be direct heiron and others needfull in form as effeirs.

Edinburgh the Threttieth one day of Jully Jaj vjc nyntie four

D1694/7/211

Decreet

Decreet Thomas Stodhart Against The magistrats of Lanerk.

Anent the lybell or letters raised and pursued before the Lords of their majesties privy Councill at the instance of Thomas Stodhard toune Clerk of Lanrick and Sir James Stewart their majesties Advocat for their highnes intrest in the matter underwritten Makeing Mention That wher by the Comon law, the lawes of this and all other weell governed nationes, persones legally Secured and in possessione of their rights and offices ought to be therin protected and nowayes molested much les throwen out in any arbitrary way without any Just cause especially wher they have their Commissiones dureing life Likeas persones in office, specially when the said office is of publict concerne if arbitrarly ejected Ought to be reponed as alsoe by the clame of right it is Declaired amongst other things The Loss of offices is to be Considered and the parties Lesed redressed Nevertheless It is of verity That albeit the pursuer was provyded lawfullie in the toune Clerkships of Lanerk in anno Jaj vjc Eightie and his right Confirmed and extended durante vita anno Jaj vjc Eightie two and possessed and officiat in the same for severall years yet upon some sugestione he was first put in prisone in november Jaj vjc Eightie two without any Cause signified and the Aprill therafter the wholl magistrats and toune Councill haveing been 2 according to a Custome to much in use in these time summarly turned out without any Causse assigned, The persewer was likwayes turned out with them in alse much the new magistrats and Councill that were then arbitrary placed did Immediatly take the pursuers office from him without either Complaint or process raised against him and further sumerly seized upon the books of his office and delivered them to the deceased William Lamb without so much as allowing him any time to fill them up or put them in order and then Conferred the office upon the said William Lamb who Dyed about the time of the revolutione And albeit the said pursuer applyed to the Magistrats Requyreing them to repone him and took instruments upon their refuseall yet at the same time they represented to the Conventione that they hade no Clerk and Clandistinely got out ane order that Robert Dick present pretended Clerk to the said burgh, should be Clerk to their popular electione, But their Majesties trusty and weelbeloved Councellor, The Lord Carmicheall being appointed to oversee their electione and he knowing how much the pursuer hade been wronged called him to officiat Lykeas de facto he did administrat the oathes to the magistrats, Then Chosen but so soon as this was ever, these Magistrats haveing also their privat Designs did againe turne him out and put the said Robert Dick in possessione of the office who ever since hath enjoyed it without any right, and to the pursuers great prejudice who haveing a good standing right and title, And haveing been ejected in a plaine arbitary and violent maner, The pursewer ought not only to be reponed to the said office And to have the books of the said office redelivered to him to the effect after specified But likewayes the haill profitts of the same And Thomas Hamiltone and William Inglis baillies of the said burgh of Lanerk James Weir dean of Gild Robert Hunter late baillie John Hamiltone deacon Conveener, James Innes thesaurer, Archibald Simsone John Young late Dean of Gild, Androw Wilsone Glover James Gardner maltman, James Watsone Gunsmith William Simsone Taylor William Orr Litster, James Simpsone wright, Thomas Pattone […] John Thomsone wright James Park weaver and Robert Dick presant Clerk Mr Richard Lockhart of Lee Robert Mcgie James Haistie […] William Mastertoune William Pattoune late baillie, Androw Maxwell James Naesmith, Archibald Huslewood, David Gibsone and Robert Hastie all Councellors and members of the Councill of the said burgh Ought and should be Ordained to readmitt and possess the said pursuer therin and to redeliver to him the books of the office to the effect the same may be filled up and put in order for the good of the burgh and vindicatione of his oun Credit And the said Robert Dick to make payment to him of the saids profitts and the magistrats in the soume of […] for his Coast skaith and damnadges and otherwayes punished in their persones and goods to the terror of others to Committ and doe the like in time comeing And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeired personally before the saids Lords of ther majesties privy Councill at ane Certaine day now bygone To have heard and seen 3Such order and Course taken theranent as the saids Lords should think fitt as in the principall Lybell or letters with the executions therof at more length is Contained Which Lybell or letters being upon the twentie sixth day of Jully instant Called and the said Thomas Stodhart pursuer Compeiring personally with Sir James Ogilvie Sir Patrick Home and Mr John Meinzies his Advocats and the said Thomas and John Hamiltons William Inglis Robert Dick and James Naesmith five of the defenders Compeiring also personally with Mr Hew Dalrymple Mr David Cuninghame and James Stewart advocats for the haill defenders And the rest of the defenders being all Lawfullie cited often tymes Called and not Compeiring, The Lybell and answers therto being read and 4 both parties advocats fully heard The saids Lords of ther majesties privy Councill nominat and appointed a Committie of their oun number for Considering the Lybell and also the writtes produced or which should be produced be either of the saids parties before the said Committie And Recommanded to them to report ther oppinion theranent And the said Comittie haveing accordingly mett They returned ther Report to the Councill in these termes following viz That they have seen a Commissione subscryved by the baillies Dean of Gild and severall Councellors of Lanerk to Thomas Stodhart to be toune Clerk of Lanerk dureing all the dayes of his liftime be vertue of which he was in possessione And he adhears to the verity therof and Craves to be reponed to the possessione and offers to prove his possessione presently be the magistrats who subscryved the Commissione The other partie alledges this Commission is a null Commissione Primo Because it wants witnesses Secundo they offer to prove a dimissione be the said Stod-hart and for proveing therof produced the toune Court book which they instantly took up againe bearing (under the hand of the Laird of Lee as is said provest for the time) That he the said Stodhart had dimitted, To Which it wes answered for Stodhart That that very sederunt proves his possessione being all written with his oun hand Except his alledged Dimissione and the Choiseing another Clerk, and that the dimissione not being subscryved be him It was no act of his, and Cannot take away his Comissione And for any pretended nullities he adheres to his Commissione and will answer as accords, and Craves to be repossessed The other partie alleadged the Dimissione is valid Because it is recorded, and accordingly Stodhart hes been out of possessione for a long time And Therfore he cannot be restored but by ane Ordinary actione, and before ane Judge who will Consider the nullities objected And that two other Clerks have been since in possessione whose right cannot be taken away sumarly Wherunto It wes Replyed for Stodhart That his absteaning from possessione wes via et metu untill the revolutione, and then he did apply, and since it has been depending by process or treatie And Farder the Comittie gave their oppinion that the said Thomas Stodhart pursuer was in possessione, And that they see no legall way of his being turned out And Therfore that he should be repossessed Reserving to the other partie actione upon the nullities as accords And The saids Lords of their Majesties privy Councill Haveing this day Considered the forsaid report They approve therof And Decernes and Ordaines the above defenders baillies Dean of Gild Thesaurer and Councellors of the burgh of Lanerk to repone and reenter the above Thomas Stodhart pursuer to the peacable possessione and free exercise of his offices of toune and Dean of Gild Clerk of Lanerk upon his said lifrent gift of his said office in the samen maner as he possessed the same formerly and to redeliver to him the books of the said offices to the effect the soume may be filled up and putt in order for the good of the said burgh and vindicatione of the pursuers Credit Reserving the defenders actione upon any nullities can be alledged against the forsaid lyfrent gift by way of reductione before the Lords of Councill and sessione, And Ordaines letters of horning one six dayes to be direct heiron and others needfull in form as effeirs.

1. NRS, PC2/25, 31r-33v.

2. The words ‘without any Cause assigned the persewer’ scored out here.

3. The letter ‘D’ scored out here.

4. The word ‘at’ scored out here.

1. NRS, PC2/25, 31r-33v.

2. The words ‘without any Cause assigned the persewer’ scored out here.

3. The letter ‘D’ scored out here.

4. The word ‘at’ scored out here.