Decreet, 9 March 1703 (pm), Edinburgh

Act, 28 December 1703, Edinburgh

Edinburgh 9th March 1703 post meridiem

D1703/3/101

Decreet

Decreit Archbald Campbell Against George Young

Annent The principall Lyble or Letters of Complaint Raised and persewed befoir the Lords off Her Majesties privie Councill By Mr Archbald Campbell Eldest son to my Lord Neill Campbell With Concurse off Sir James Steuart Her Majesties Advocat For Her highness intrest in the matter under writtin Mentioning That wher By the Lawes of this and all other weell governed nationes The summer seizing apprehending and incarcerating off Her Majesties Leidges without any previous Cause, offence, crime ryott or breach off the pace whatsomever Is severaly punishable and the persones guilty and airt and pairt therof are to be punished in there persones and goods Conforme to Her Majesties saids Laws Acts and statuts and daily practice in the lyke caices Yet Nevertheless George Young merchant burges of Edinburgh shakeing off all fear off God and off a good conscience and off Her Majesties saids Laws and Customes Did upon the Tuenty fyfth of January Last when the said persewar was walking in the high street off Edinburgh betuixt Ten and Tuelf in the Foirnoon in a quiet and peaceable manner The said George Young the deffender did atack the said Mr Archbald Campbell persewar Seazed his sword declarred him prisoner without any previous cause or offence whatsomever And did Call For the guard and under the pretext off the authoritie he pretends as one off the Constables within the said burgh Did order the guard to dragg and Carry the persewar by violence to the guard house and did order not only to take his sword From him Bot also to maltreat him And accordingly one off the guard Did beat the said persewar and they did carry him to the guard house wher he continued prisone for some space, and untill that by the Intercessione off some off the said persewars Freinds and relationes there giveing ther parroll and becoming Cautioners that he should answer as Law will He was set at liberty Wher throw the said George Young defender Is not only guilty off a most hynous ryot and breach off the pace by his enjurious attacking and seazing off the said persewar in the high Streit in manner forsaid Bot also of wrongous imprisonment And therfor he ought and should not only be fyned in the soume of […] But alsoe furder punished in his persone and goods in the termes of the late act off parliament annent wrongous imprisonment and Her Majesties other Laws constitution and practise theranent To the example and terror off others to committ or doe the lyke in tyme comeing And annent The Chairge given to the said George Young defender To have Compeired personally befoir the saids Lords at ane certaine day by gone To have answered to the points off the said Complaint And to have heard and seen such order and course taken therannent as the saids Lords should Find Just as the said Letters or Lyble off Complaint and Executiones therof in themselves more fully bears As also annent The Lyble or Letters of Reconvention raised and persewed befoir the saids Lords off privie Councill By George Young merchant in Edinburgh and ane off the Constables appointed by the Magistrats of Edinburgh with concurse off Sir James Steuart Her Majesties Advocat For her highness intrest in the matter underwrittin Mentioning That wher By the Law off God, The Laws of all nationes And particularly by the Laws of the Nation Viz King James the first parliament 13, Caput 144 That non be found in Taverns or ale houses after Nyne aclock etc As also there are seaverall Acts of parliament againest profaining of the Lords day as King James the 6th parliament 22, Caput 20, and King Charles the 2d parliament first Session first Caput 18 Annent the observing of the sabbath day As also ther are many other Laws made since that tyme againest profainness Lykeas By seaverall Acts off parliament, Justices of pace and Constables are impowred to Execute the Laws against disorderly persones As also there are many other Laws made since that time against profainness But particularly By the Act King Charles the 2d parliament first, Sessione First Caput 38, Containing the Commissiones to the Justices off pace and their Constables The said Justices off pace and Constables are sworne to execute the Laws against profainness off the Lords day Lykeas By the said Act The Constables are impowred to apprehend threatners and secure them in prison Nevertheless It is of verity That the said George Young as Constable with seaverall other Constables appointed by the Magistrats off Edinburgh To over see the manners and order off the Burgh and Inhabitants therof Haveing upon the Tuenty fourth of Januaray Last Being the Lords day Gone throw some pairts off the Town To see the Lords day and Laws made for observance therof wer not violat And comeing to the house of Marjory Thorne relict of James Allan vintner a litle befoir Ten aclock at night And Finding in the house seaverall Companies in different rooms Did soberly and Christianly expostulat with the Mistres off the house for keeping persones in her house at such unseasonable hours and did very Justly threaten to deleat her to the Magistrats to be rebuked for the same But did not in the least offer to disturb any off Her Guests, but went away And as goeing up the closs to the streets He and the rest was followed by Mr Archbald Campbell Eldest sone to Lord Neill Campell To the streets Who in a dissatisfied way asked For the said George Young at seaveralls And the said George persewar Haveing come to him and told him most calmly and Civilly That he was there and asked his pleasure He quarrelled him for offering to deleat the house to the Magistrats and the persewar haveing given him very calme and discreit answers telling him he had noething to say to him But behoved to deleat the house to the Magistrats He told him he would make him repent it and soe pairting with him that night The said Mr Archbald Came the nixt day with some others toward the said George his Shop opposite to the guard and calling at his Shop which was shut by the Hatch or Half door Sirra, Sirra, Which the said George not observing nor apprehending his discourse was directed to him The said Mr Archbald Called againe to this purpose, I spoke to yow Young the Constable Wherupone the said George desiring Civily to know his pleasure He expressed himself thus Spark are yow in any better humor to day then was last night And the said George Answering he was the same to day that he was last night, I was about my dewty last night and am soe to day and I hope I have not offended yow and pray Sir doe not disturb me But the said Mr Archbald appearing angry and challenging the said George For his taken notice of Mistres Allans house, Against asked him If he was in any better temper or words to that purpose And the said George againe replying He was the same he was and prayed him to be gone Because he seemed displeased Wherupon the said Mr Archbald takeing hold off his sword as he would have drawen it The said George being within the halfe door Fearing harme threw open the door and came out to Mr Archbald and endevouring to catch hold off his sword The said Mr Archbald did beat him upon the eye and 2 twice or Thrice And then againe took hold off his sword to draw it, and run at him which he had certainly done if not interrupted by the By; Slanders who Instantly took hold off his sword and held him till that the toun guard at which this happened presently seased the said Mr Archbald and made him prisoner till he found Caution to appear and answer befoir the Magistrats For the said Ryott Which though he did and was therupon admitted to his liberty yet to prevent (as he apprehends) the magistrats procedure He hes raised a groundless proces befoir the Lords off Her Majesties privie Councill againest the said George Young persewar and Intends therby as he thinks to discurradge all the Laudable endevours to get extravagancie and disorder discurradged and with which practise off the said Mr Archbald The said George, the other Constables and all good men are the more surprized as, and sorrie, for seeing he is esteemed to be sobber And as such as ought to have raither Encurradged then to have exposed himself to appear in this manner To have Interrupted soe commendable endevours To expell even all appearances off evill And thus the said George Young persewar hes answered all hes groundless lyble againest him And from which he creaves not only to be assoilzied, But also that the said Mr Archbald Campbell For the crimes abovementioned iff verefied and proven as the said George is able to doe ought to be punished in his persone and goods And now that the same is come befoir the Lords off Her Majesties privie Councill The same ought not to pass without a due punishment to the example and terror off others To attempt the Lyke or Discurradge the suppressing off irregularities in tyme Comeing And Annent The Chairge given to the said Mr Archbald Campbell Deffender To have Compeired befoir the saids Lords at ane certain day by gone To have answered to the points off the above Complaint and to have heard and seen such order and course taken therannent as the saids Lybell or Letters off Reconvention and Executiones therof more Fully bears The foirsaid principall Lybell at the Instance off Mr Archbald Campbell Eldest sone to the Lord Neill Campbell with Concurse of Sir James Steuart Her Majesties Advocat Againest George Young merchant ane off the Constables appointed By the Magistrats of Edinburgh with Concurse off the Lord Advocat Againest the said Mr Archbald Campbell Being boeth called upon the 2d day off February last in presence off the saids Lords off privie Councill and the said Mr Archbald Campbell persewar in the said principall Lybell who is deffender in the Reconvention Compeiring personally at the barr with Sir David Thor’s, Sir David Cunynghame […] His Advocats And the said George Young deffender in the principall Lybell who is persewar in the Reconvention Compeiring also personally at the Barr with Sir Walter Pringall, Mr Francis Grant, James Stewart, James Gellie, William Brodie, Alexander Heaggins, James Boswell […] Steuart […] his Advocats And boeth lybles being read and the saids pairtes Advocats Fully heard at the barr The saids Lords off Her Majesties privie Councill Doe heirby nominat and appoint The Earle’s off Loudoun Lord Advocat Lord Aberuchill, Lord Halcraig, Mr Francis Montgomrie and the Lord Provest off Edinburgh To be a Committee To endevour to settle and aggree boeth pairtes And to report to the Councill with their Conveniencie And Recommends to the said Committee to meet the morrow morning at Ten aclock in the Foirnoon And declaires any three a sufficient quorum Therafter the said Cause being called upon the Fourth day of the said moneth off February Last And the saids Lords of Her Majesties privie Councill Haveing heard the verball Report off a Committee off their own number formerly appointed to aggree the mutuall processes raised at the Instance off Mr Archbald Campbell Eldest Laufull sone to the Lord Neill Campbell Against George Young merchant in Edinburgh et e Contra Representing that iff their Lordships would allow them to examine Mr Archbald Campbells witnesses, It might contribut very much to the settling and aggreeing the pairtes The saids Lords Haveing considered the said verball report made to them by the said Committee They heirby Recommend to, allowes and Impowers the said Former Committee viz the Earle off Loudoun, Lord Advocat, Lord Aberuchill, Lord Halcraige Mr Francis Montgomry and the present Lord Provest of Edinburgh To take and Receave the oaths and Depositiones off the witnesses Cited by the said Mr Archbald Campbell and reserves all objectiones which may be made againest the saids witnesses To be proponed and Discust befoir the said Committee Recommending to them To meet the morrow at Ten aclock in the Foirnoon and continues Three a quorum as formerly being any Three off the said Committee And the said Committee haveing accordingly meet upon the said fifth day off February Last The said Mr Archbald Campbell adduced in their presence Diverse Famous witnesses Who being solemnly sworn purged off partiall Councill and Interrogatt They Deponed as their Depositiones Extant in proces bears Therafter the said action and Cause being againe Called upon the day and date off thir presents in the Foirnoon The saids Lords added to the above Committee, The Lord Haddo, Collingtoun, and Carnwath, and Continues the quorum as Formerly And Recommends to the said Committee To meet this day at Three aclock in the affternoon And ordaines the Macers off Councill To advertise George Young and his witnesses to attend the said Committee Accordingly the said Committee Haveing meet They Caused call in boeth pairtes And boeth pairtes Compeiring personally befoir the said Committee The saids pairtes boeth aggreed That the Depositiones viz William McRobie, and John Spark workmen in Edinburgh laid befoir the magistrats therof Should be holden as taken beffoir the Lords off the Committee and which are aggreed to as Contained (in the principall Coppie in place off the principall Depositiones) marked with the pieces hand as a Report off the said Committee Susbcrived by Sir James Fouils off Collingtoun preces of the said Committy and subscryved by the said Mr Archbald Campbell and George Young as Consenters therto Extant in proces bears Therafter upon the day and date of their presents in the affternoon The saids Lords off Her Majesties privie Councill Haveing proceeded to Advyse the processes Mr Archbald Campbell only Laufull sone to Lord Neill Campbell and George Young merchant in Edinburgh and the principall Lybell at the instance off the said Mr Archbald against George Young and the Reconvention a Contra with the Interloquitors off Councill Depositiones off the witnesses and Report off the Committee Being all read And the Councill Haveing considered the samen The saids Lords off Her Majesties privie Councill Have Found and heirby Finds The principall Lybell Sufficiently proven againest the said Mr Archbald Campbell upon the Munday lybled And have Fyned and heirby Fynes The said George Young in the soume off Four Hundereth merks To be payed by him to the said Mr Archbald Campbell For his Expenses And have ordained and heirby ordaines him to be carried to prison Therinto remain ay and whyll he make payment And Further have Found The Letters off Reconvention Raised at the instance off the said George Young not proven And therfor have Assoilzed and heirby Assoilzies The said Mr Archbald Campbell From the haill points therof And Declaires him quyt therof and Frae therfrae in all tyme comeing.

Edinburgh 9th March 1703 post meridiem

D1703/3/101

Decreet

Decreit Archbald Campbell Against George Young

Annent The principall Lyble or Letters of Complaint Raised and persewed befoir the Lords off Her Majesties privie Councill By Mr Archbald Campbell Eldest son to my Lord Neill Campbell With Concurse off Sir James Steuart Her Majesties Advocat For Her highness intrest in the matter under writtin Mentioning That wher By the Lawes of this and all other weell governed nationes The summer seizing apprehending and incarcerating off Her Majesties Leidges without any previous Cause, offence, crime ryott or breach off the pace whatsomever Is severaly punishable and the persones guilty and airt and pairt therof are to be punished in there persones and goods Conforme to Her Majesties saids Laws Acts and statuts and daily practice in the lyke caices Yet Nevertheless George Young merchant burges of Edinburgh shakeing off all fear off God and off a good conscience and off Her Majesties saids Laws and Customes Did upon the Tuenty fyfth of January Last when the said persewar was walking in the high street off Edinburgh betuixt Ten and Tuelf in the Foirnoon in a quiet and peaceable manner The said George Young the deffender did atack the said Mr Archbald Campbell persewar Seazed his sword declarred him prisoner without any previous cause or offence whatsomever And did Call For the guard and under the pretext off the authoritie he pretends as one off the Constables within the said burgh Did order the guard to dragg and Carry the persewar by violence to the guard house and did order not only to take his sword From him Bot also to maltreat him And accordingly one off the guard Did beat the said persewar and they did carry him to the guard house wher he continued prisone for some space, and untill that by the Intercessione off some off the said persewars Freinds and relationes there giveing ther parroll and becoming Cautioners that he should answer as Law will He was set at liberty Wher throw the said George Young defender Is not only guilty off a most hynous ryot and breach off the pace by his enjurious attacking and seazing off the said persewar in the high Streit in manner forsaid Bot also of wrongous imprisonment And therfor he ought and should not only be fyned in the soume of […] But alsoe furder punished in his persone and goods in the termes of the late act off parliament annent wrongous imprisonment and Her Majesties other Laws constitution and practise theranent To the example and terror off others to committ or doe the lyke in tyme comeing And annent The Chairge given to the said George Young defender To have Compeired personally befoir the saids Lords at ane certaine day by gone To have answered to the points off the said Complaint And to have heard and seen such order and course taken therannent as the saids Lords should Find Just as the said Letters or Lyble off Complaint and Executiones therof in themselves more fully bears As also annent The Lyble or Letters of Reconvention raised and persewed befoir the saids Lords off privie Councill By George Young merchant in Edinburgh and ane off the Constables appointed by the Magistrats of Edinburgh with concurse off Sir James Steuart Her Majesties Advocat For her highness intrest in the matter underwrittin Mentioning That wher By the Law off God, The Laws of all nationes And particularly by the Laws of the Nation Viz King James the first parliament 13, Caput 144 That non be found in Taverns or ale houses after Nyne aclock etc As also there are seaverall Acts of parliament againest profaining of the Lords day as King James the 6th parliament 22, Caput 20, and King Charles the 2d parliament first Session first Caput 18 Annent the observing of the sabbath day As also ther are many other Laws made since that tyme againest profainness Lykeas By seaverall Acts off parliament, Justices of pace and Constables are impowred to Execute the Laws against disorderly persones As also there are many other Laws made since that time against profainness But particularly By the Act King Charles the 2d parliament first, Sessione First Caput 38, Containing the Commissiones to the Justices off pace and their Constables The said Justices off pace and Constables are sworne to execute the Laws against profainness off the Lords day Lykeas By the said Act The Constables are impowred to apprehend threatners and secure them in prison Nevertheless It is of verity That the said George Young as Constable with seaverall other Constables appointed by the Magistrats off Edinburgh To over see the manners and order off the Burgh and Inhabitants therof Haveing upon the Tuenty fourth of Januaray Last Being the Lords day Gone throw some pairts off the Town To see the Lords day and Laws made for observance therof wer not violat And comeing to the house of Marjory Thorne relict of James Allan vintner a litle befoir Ten aclock at night And Finding in the house seaverall Companies in different rooms Did soberly and Christianly expostulat with the Mistres off the house for keeping persones in her house at such unseasonable hours and did very Justly threaten to deleat her to the Magistrats to be rebuked for the same But did not in the least offer to disturb any off Her Guests, but went away And as goeing up the closs to the streets He and the rest was followed by Mr Archbald Campbell Eldest sone to Lord Neill Campell To the streets Who in a dissatisfied way asked For the said George Young at seaveralls And the said George persewar Haveing come to him and told him most calmly and Civilly That he was there and asked his pleasure He quarrelled him for offering to deleat the house to the Magistrats and the persewar haveing given him very calme and discreit answers telling him he had noething to say to him But behoved to deleat the house to the Magistrats He told him he would make him repent it and soe pairting with him that night The said Mr Archbald Came the nixt day with some others toward the said George his Shop opposite to the guard and calling at his Shop which was shut by the Hatch or Half door Sirra, Sirra, Which the said George not observing nor apprehending his discourse was directed to him The said Mr Archbald Called againe to this purpose, I spoke to yow Young the Constable Wherupone the said George desiring Civily to know his pleasure He expressed himself thus Spark are yow in any better humor to day then was last night And the said George Answering he was the same to day that he was last night, I was about my dewty last night and am soe to day and I hope I have not offended yow and pray Sir doe not disturb me But the said Mr Archbald appearing angry and challenging the said George For his taken notice of Mistres Allans house, Against asked him If he was in any better temper or words to that purpose And the said George againe replying He was the same he was and prayed him to be gone Because he seemed displeased Wherupon the said Mr Archbald takeing hold off his sword as he would have drawen it The said George being within the halfe door Fearing harme threw open the door and came out to Mr Archbald and endevouring to catch hold off his sword The said Mr Archbald did beat him upon the eye and 2 twice or Thrice And then againe took hold off his sword to draw it, and run at him which he had certainly done if not interrupted by the By; Slanders who Instantly took hold off his sword and held him till that the toun guard at which this happened presently seased the said Mr Archbald and made him prisoner till he found Caution to appear and answer befoir the Magistrats For the said Ryott Which though he did and was therupon admitted to his liberty yet to prevent (as he apprehends) the magistrats procedure He hes raised a groundless proces befoir the Lords off Her Majesties privie Councill againest the said George Young persewar and Intends therby as he thinks to discurradge all the Laudable endevours to get extravagancie and disorder discurradged and with which practise off the said Mr Archbald The said George, the other Constables and all good men are the more surprized as, and sorrie, for seeing he is esteemed to be sobber And as such as ought to have raither Encurradged then to have exposed himself to appear in this manner To have Interrupted soe commendable endevours To expell even all appearances off evill And thus the said George Young persewar hes answered all hes groundless lyble againest him And from which he creaves not only to be assoilzied, But also that the said Mr Archbald Campbell For the crimes abovementioned iff verefied and proven as the said George is able to doe ought to be punished in his persone and goods And now that the same is come befoir the Lords off Her Majesties privie Councill The same ought not to pass without a due punishment to the example and terror off others To attempt the Lyke or Discurradge the suppressing off irregularities in tyme Comeing And Annent The Chairge given to the said Mr Archbald Campbell Deffender To have Compeired befoir the saids Lords at ane certain day by gone To have answered to the points off the above Complaint and to have heard and seen such order and course taken therannent as the saids Lybell or Letters off Reconvention and Executiones therof more Fully bears The foirsaid principall Lybell at the Instance off Mr Archbald Campbell Eldest sone to the Lord Neill Campbell with Concurse of Sir James Steuart Her Majesties Advocat Againest George Young merchant ane off the Constables appointed By the Magistrats of Edinburgh with Concurse off the Lord Advocat Againest the said Mr Archbald Campbell Being boeth called upon the 2d day off February last in presence off the saids Lords off privie Councill and the said Mr Archbald Campbell persewar in the said principall Lybell who is deffender in the Reconvention Compeiring personally at the barr with Sir David Thor’s, Sir David Cunynghame […] His Advocats And the said George Young deffender in the principall Lybell who is persewar in the Reconvention Compeiring also personally at the Barr with Sir Walter Pringall, Mr Francis Grant, James Stewart, James Gellie, William Brodie, Alexander Heaggins, James Boswell […] Steuart […] his Advocats And boeth lybles being read and the saids pairtes Advocats Fully heard at the barr The saids Lords off Her Majesties privie Councill Doe heirby nominat and appoint The Earle’s off Loudoun Lord Advocat Lord Aberuchill, Lord Halcraig, Mr Francis Montgomrie and the Lord Provest off Edinburgh To be a Committee To endevour to settle and aggree boeth pairtes And to report to the Councill with their Conveniencie And Recommends to the said Committee to meet the morrow morning at Ten aclock in the Foirnoon And declaires any three a sufficient quorum Therafter the said Cause being called upon the Fourth day of the said moneth off February Last And the saids Lords of Her Majesties privie Councill Haveing heard the verball Report off a Committee off their own number formerly appointed to aggree the mutuall processes raised at the Instance off Mr Archbald Campbell Eldest Laufull sone to the Lord Neill Campbell Against George Young merchant in Edinburgh et e Contra Representing that iff their Lordships would allow them to examine Mr Archbald Campbells witnesses, It might contribut very much to the settling and aggreeing the pairtes The saids Lords Haveing considered the said verball report made to them by the said Committee They heirby Recommend to, allowes and Impowers the said Former Committee viz the Earle off Loudoun, Lord Advocat, Lord Aberuchill, Lord Halcraige Mr Francis Montgomry and the present Lord Provest of Edinburgh To take and Receave the oaths and Depositiones off the witnesses Cited by the said Mr Archbald Campbell and reserves all objectiones which may be made againest the saids witnesses To be proponed and Discust befoir the said Committee Recommending to them To meet the morrow at Ten aclock in the Foirnoon and continues Three a quorum as formerly being any Three off the said Committee And the said Committee haveing accordingly meet upon the said fifth day off February Last The said Mr Archbald Campbell adduced in their presence Diverse Famous witnesses Who being solemnly sworn purged off partiall Councill and Interrogatt They Deponed as their Depositiones Extant in proces bears Therafter the said action and Cause being againe Called upon the day and date off thir presents in the Foirnoon The saids Lords added to the above Committee, The Lord Haddo, Collingtoun, and Carnwath, and Continues the quorum as Formerly And Recommends to the said Committee To meet this day at Three aclock in the affternoon And ordaines the Macers off Councill To advertise George Young and his witnesses to attend the said Committee Accordingly the said Committee Haveing meet They Caused call in boeth pairtes And boeth pairtes Compeiring personally befoir the said Committee The saids pairtes boeth aggreed That the Depositiones viz William McRobie, and John Spark workmen in Edinburgh laid befoir the magistrats therof Should be holden as taken beffoir the Lords off the Committee and which are aggreed to as Contained (in the principall Coppie in place off the principall Depositiones) marked with the pieces hand as a Report off the said Committee Susbcrived by Sir James Fouils off Collingtoun preces of the said Committy and subscryved by the said Mr Archbald Campbell and George Young as Consenters therto Extant in proces bears Therafter upon the day and date of their presents in the affternoon The saids Lords off Her Majesties privie Councill Haveing proceeded to Advyse the processes Mr Archbald Campbell only Laufull sone to Lord Neill Campbell and George Young merchant in Edinburgh and the principall Lybell at the instance off the said Mr Archbald against George Young and the Reconvention a Contra with the Interloquitors off Councill Depositiones off the witnesses and Report off the Committee Being all read And the Councill Haveing considered the samen The saids Lords off Her Majesties privie Councill Have Found and heirby Finds The principall Lybell Sufficiently proven againest the said Mr Archbald Campbell upon the Munday lybled And have Fyned and heirby Fynes The said George Young in the soume off Four Hundereth merks To be payed by him to the said Mr Archbald Campbell For his Expenses And have ordained and heirby ordaines him to be carried to prison Therinto remain ay and whyll he make payment And Further have Found The Letters off Reconvention Raised at the instance off the said George Young not proven And therfor have Assoilzed and heirby Assoilzies The said Mr Archbald Campbell From the haill points therof And Declaires him quyt therof and Frae therfrae in all tyme comeing.

1. NRS, PC2/28, 247v-251r.

2. The words ‘and head’ scored out here.

1. NRS, PC2/28, 247v-251r.

2. The words ‘and head’ scored out here.