Act, 29 December 1692, Edinburgh

Edinburgh The Fourth day of August J^aj vj^c two years Post meridiem

D1692/8/20

D1692/8/20¹

Decreet

Decreet Suspending the letters The Lord Bargany Against Hew Muir

Anent the bill of Suspensione given in and Presented to the Lords of their majesties privy Councill be John Lord Bargany, Shewing that quher he was charged be vertue of letters of horning raised at the instance of Heugh Muir baillie of Carrick To make payment to him of the Soume of Fiftie punds Sterling contained in ane Decreet or Sentance of Privy Councill obtained at his instance against the petitioner of the date the Twentie Sixth day of Jully J^aj vj^c Eightie Eight years and that within ane Certaine short space nixt after the petitioners charge under the paine of rebellion and puting of the petitioner to the horn and for his alledged Disobedience as he was informed has denunced the petitioner rebell and put him therto must wrongeously and unjustly Considering It is of veritie that the said Decreet is most surreptitiously stollen out against him without ever being cited or called or any Lybell raised against him Bot the true method of obtaineing the saids Decreet was thus that the charger was named by the late King James to be baillie of Carrick wherin he Committed many deeds of opressione and amongst others haveing conveened some of his tennants upon pretence of false weight Did in a most arbitrary way amerciat and fyne them Because the lone weight which they made use of was not conforme to a weight made by the charger, albeit the tennants weight was found to be alse heavie if not heavier then that of the toune of Lanarick which is the legall standart of Weights in this kingdome, And Lykewayes haveing conveened some of his tennants upon pretence of slaying salmond in the forbiden tyme of which albeit they ware readie to clear themselves by oath yet he most Illegally fyned them in exorbitant Penalties, Because they would not Depone upon their eating also weell as killing the forsaid salmond For which crymes and other abusses the persones injured did raise a Complaint against the charge before the then Lords of Privy Councill, Not only for Refounding their Damnadge Bot Lykewayes for punishing the charger for the wrongs and oppressiones forsaids, And yet such ware the wayes and methods followed by the charger that he has gott a Decreet extracted wherby ther is no punishment inflicted against him Fiftie punds Sterling charger for defraying his charges in defending against the forsaid Complaint Secundo the Complaint quherupon the petitioner is fyned is not raised against him nor was he ever cited therunto nor is his name So much as mentioned therin Tertio albeit the persones pursuars of the forsaid Complaint hade been guilty of the deeds for which they are fyned by the said Hew Muir in his baillie Court as they never ware, yet these fynes are most exorbitant, And lastly ther is ane express act of Parliament Discharging all fynes and Forfaulters in the late tymes that are not payed or transacted for And before that ther was ane act of indemnity published and which yet stands in force Indemnifieing and forgiveing all fynes Imposed aither by the privy Councill or inferior Judges which ware not either payed or transacted at the tyme of the pronunceing therof In Respect quherof the Saids letters and charges ought to be Suspended and he relaxed, allwayes for the more obedience the petitioner is instantly Content to find Suficient Cautione acted in the books of privy Councill that he shall make payment to the charger of the soume charged for Incaice It shall be found be the saids Lords that he ought so to doe, And also for payment makeing to the Commissioners of ther Majesties thesaurie of the Soume of Twentie merks scots for his escheat goods Incaice it should be found be the saids Lords that he was orderly denunced rebell for the Causes forsaids And Therfore Humbly Craving the saids Lords would Grant letters for sumonding the said Heugh Murr To Compeir personally before the saids Lords at ane certaine day Bringand with him the forsaid Decreet and letters and charges raised theron To have been seen and Considered be the saids Lords and to have heard and seen the Samen haill effect and executione therof Suspended as the said bill of suspensione bears, Which bill of Suspension abovewritten being this day called in presence of the saids Lords of Privy Councill, And the Lord Bargenny Compeiring Personally with Mr Hew Dalrymple his² advocat And the said Heugh Muir Compeiring also personally with Mr David Dalrymple his advocat The saids Lords of Privy Councill haveing Considered the above bill and reasones of Suspension with the answers given in therto be the charger And haveing heard both parties advocats, They Sustain the forsaids reasones of Suspensione Notwithstanding of the answers made therto, And Have Suspended and heirby Suspends the letters and chares raised at the instance of the said Hew Muir against the said Lord Bargeny upon the said Heugh Muir against the said Lord Bargany upon the said Decreet charged on Simpliciter upon the said Lord Bargeny in all tyme comeing