Act, 6 October 1697, Edinburgh

Att Edinburgh the nynth day of December J^aj vi^c nyntie seven years

D1697/12/4

D1697/12/4¹

Decreet

Decreit Absolvitor Magistrats of Elgine Against Pawll

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of William Pawll merchand in Elgine with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwrittin Makeing Mentione That wher by the Lawes and acts of parliament all oppressione of our Leidges is prohibite and that when the said oppressione is practized without any cause or provocatione by magistrats who ought to be the Subjects protectors and to Such ane wnreasonable excess as reiterat imprisonings ignominiows wseage and forceing from men the rights and charters of ther Lawes the said oppressione is soe much the more wnjwst and ought to be most severelie pwnished Nevertheles It is of veritie that the said William Pawll Complainer haveing about november J^aj vi^c nyntie six raised Letters befor the Lords of our privie Cownsell against William King proveist of Ellgine for his wndue continweing to be proveist for five yeirs and upwards contraire to the acts of parliament and the decisiones of the Lords of Sessione theron and protestationes taken against him and for other maleversationes in the said office particularlie his continweing the dyet appointed for a publict roupe of the townes Commowne good and yet at the next meeting did sett the same in tack to his own brother and ane other without any roupe at all And so soone as the said William Pawll came home with the Letters to execute the same The said William King proveist James Stewart and Robert Andersone Baillies Thomas Donaldsone Thesaurer and Alexander Fordyce Counceller ther Caused ane officer Summoned the said William Paull Complainer to appeare befor them upon and alleadged ryot Committed about two thrie yeirs befor And the said Complainer being necessitat to goe owt of towne yet Left one to appeare for him who Sufficiently vindicat his innocency But at the said William Pawlls returne Alexander Rwssell one of the baillies told him plainlie that if the Complainer would desist from his perswite against the proveist and make Submissione the ryot Should not trouble him which being refwised the said Complainer was againe Summoned and without any probatione fyned in Fiftie pwnds Scotts for the said ryot and in ten pwnds for his contwmacie albeit his personall Compeareance upon the Second citatione did Sufficiently purge him of all contumacie upon this Sentance the Complainer was made prisoner untill he Should make payment wherupon he was forced to Subscribe a Submissione to the said proveist and baillies that he might recover his Libertie which being Done according to ther mynd they imediatlie demanded from his burges Ticket with his charter of the Lands he held few of the towne but he refwiseing the demand as manifestlie wnreasonable yet by fair Suggestiones that it Should not be to his prejudice he delivered up both And furder the said Complainer at ther own desyre procured a missive from our advocat Signifieing that he for our interest was not to insist in that Lybell which the raiser therof had past from But the said proveist King now Judgeing himself secure he with the said baillies order ther officers to reimprisone the said Complainer untill he Should pay the foirsaids fynes which efter the Space of twentie dayes imprisonment he was forced to doe and yet was refwised a discharge with ane extract of the decreit given against him only they ordered one of his officers to take him owt of prisone upon payment of his Jeallor fies But within a few dayes therefter they againe Summond him and he Compeareing They cause ther clerk read a new Sentance against him ordering his burges ticket to be torne in his presence at the mercat cross of the burgh And that he Should goe to prisone untill he payed the Soume of Five Hundereth merks and Longer Dureing ther pleasure and imediatlie he was by ther order seazed by the officers and caried to prisone and kept for Severall weeks albeit the foirsaid Sentance had no ground or fowndatione imaginable Lykeas efter his said wrongous and violent detentione they make ther officers bring him fwrth of the prisone and carie him with towk of Drum for gathering Spectators to the mercat cross and ther Commanding the said Complainer to wncover his head they cause teare his burgess ticket by the hand of ane of ther officers befoir his eyes in the Smallest peaces that it might be Done with the more leasure and observatione And yet not satisfied in the malicious Spyte They cause cary the said Complainer back to prisoner untill he Should Subscribe a bond for the foirsaid Five Hundereth merks payable at demand which he was at lenth forced to doe befoir he could have his Libertie which yet he onlie obtained with this qwalitie untill they Should be furder advised what to doe within him and in the meane tyme they Still keep the charters of his Lands as if he had incurred a forfaulture what a rigid and crwell oppressione the said Complainer hes Suffered for no other cause then what is above narrated off which oppressione wnjustice and violence the said William King proveist James Stewart and Robert Andersone baillies Thomas Donaldsone thesaurer and Alexander Fordyce Councillors of the said burgh of Elgine being gwiltie airt and pairt They owght not only to be declaired incapable of the character of magistracie as they who manifestly discredited the Same by the said oppressive Courses But Likewayes that they and ilk ane of them be Decerned Conjunctllie and Severallie in the Sowme of Two Hundereth pounds Sterleing of damnages to the said Complainer And also furder pwnished in ther persones and goods As the Lords of our privie Counsell Shall think fitt to the example and terror of others to Commit the lyke in any time comeing And anent the charge given to the saids defenders to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bypast to have answered to the grownds of the above complaint And to have heard and sein Swch order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion As the said principall lybell or Letters of Complaint and executiones therof at more Lenth proports Which lybell of reconventione befor the saids Lords at the instance of the defenders against the persewar being both upon the Sixtein of November Last bypast called in presence of the Lords of his majesties privie Councill And the persewer of the principall lybell who is defender in the other Compeareing personallie with Sir James Stewart his majesties advocat Sir Alexander Home and Mr David Forbes All his advocats And the haill defenders in the principall lybell who are persewers in the other Compeareing also personallie (except Robert Andersone baillie of Elgine) with Mr Hew Dallrimple Mr Andrew Home Mr Robert Frazer and Mr Francis Grant the Advocats The principall lybell and answers therto with the lybell at proveist King and others instances against William Pawll and answers therto being all read and both pairties and ther Lawiers being fullie heard The Saids Lords of privie Counsell admitts both lybells to probatione And the witnesses upon both lybells (except as marked in the roll) being present and haveing made faith at the barr The saids Lords appointed a Comitie of ther own number to examine the wittnesses Compeareing and makeing faith and reserved all objectiones which might be made against them to be proponed and discust befor the Comitie and granted furder dilligence by Captione against the absent wittnesses Which Comitie haveing accordinglie mett they tooke and receaved the oathes and depositiones of Diverse and Sundrie famous wittnesses upon both lybells who being all Solemnly Sworne interrogat and examined deponed and declaired as ther oathes and depositiones extant in process bears And the saids Lords of his majesties privie Counsell haveing this day advysed the principall lybell or Letters of Complaint at the instance of the said William Pawll and haveing considered the wittnesses depositiones with a petitione given in for the persewer and another for the defenders and the wrytes produced for aither pairties They find the articles lybelled against the defenders not proven And Therfore assoillzed and heirby assoillzes them from the said lybell And declaires them qwite therfrae in all tyme comeing And as to the lybell or reconventione at the instance of the magistrats of Elgine against the said William Paull They heirby nominat and appoint The Earles of Leven and Rwglen and The Laird of Grant to be a Comitie to endeavoure to Setle and agrie both pairties upon the points in the said reconventione And also to endeavoure with the magistrats of Elgine that they mitigat the Sentances pronunced by them and ther town Counsell against the said William Paull And declaires any two of the above Comitie to be a Sufficient qworum And appoints them to meet tomorrow at ten in the foirnoon and to make report to the Councill with ther conveniencie