Decreet, 9 November 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Edinburgh The nynth day of November Jaj vjc nyntie thrie years

D1693/11/51

Decreet

Decreet Certificatione Corsan Against Ballmano

Anent the Lybell raised and pursued before the Lords of their majesties privy Councill be Mr John Corsan minister at Abdie Mr George Anderson minister at Logie and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Lawes of this and all other weell governed nationes the Causeles and violent assaulting and beatting of others especially ministers of the Gospell in the way and maner after Lybelled is a high cryme and ought to be severly punished, Lykeas by the act of parliament James Sixt parliament Eleventh Caput twentie-seven Its statute That who invads or puts violent hands in any minister shall be punished to tinsell of moveables for the violence allenarly the one half to the king and the other half to the partie offended, Which act is Ratified by the act Charles first, parliament first, Caput Seventh, As alsoe by the act Charles second, parliament second, Caput fourth Its statute that Such as shall be found guilty in assaulting the lifes of ministers of robbing of their houses or actually attempting the same be punished be death and the escheat of their moveaballs, As Lykewayes by the Lawes and acts of parliament of this kingdome and particularly by the sixtein act of the Convention of estates Jaj vjc Eightie nyne It is ordained that presume to oun or acknowledge the late king James the seventh for their king and by the second act of the parliament held that year That no man in, any maner of way disoune quarrell or Impugne their majesties Royall power and authority or right to the Croune Nevertheless It is of verity that […] Auchinleck of Ballmano shakeing of all fear of god and registrated to their majesties Lawes did upon the twentie Eight as one or other of the dayes of August Last by past come towards the house of manse wher the said Mr John Corsan dwells And as he approached the same did creually threaten to sett upon the said Mr John to assault his life and finding ther the said Mr George Andersone, He without any provocatione did fall upon him and beatt him upon the head and other parts of the body with a great staff or batton to the bruiseing and violent hurting of the same And then goeing a litle way off, But still seekeing and watching ane opportunity to find the said Mr John Corsan He returned within a little and perceiveing the said Mr John goeing peacably to his shearers, He declaired to the persones standing by that he sought him to beat him on Woodmylnes accompt, That was be cause Mr John hade according to his dutie pursued the said Woodmylnes for some money owing be him to the poor of the parish and then running upon the said Master John he Cruelly beat him with a great staff or battone in his hand untill Mr John fell doun and then after many stroaks given him, beatt him on the head untill the batton brock in his hand, And not being therwith content he swear it should not goe so, and Chassing a woman present with a stone he hade taken up Therafter he mett the said Mr John goeing back to his house, And took up a watter Trough for wattering of fowlls, And threw it at the said pursuer And therby brock it in peices, And then took up stones and threw2 at him untill Mr John gott into his house and shutt the door upon him Lykeas the said Auchinleck of Ballmano being not only Maliciously disafected to ther majesties government Did on one or other of the dayes of the moneths of June or Jully last by past in the house of David Stewart of Lindores and sitting in Companie of […] Oliphant of Keirie begine and drink the health of the late King James, Which health they also drank and pledged the same albeit others in the Company refuised and would not drink it Wherupon also the said Balmano took up the pynt Stoup and break it on the said David Stewart his head to the effusion of his blood and that in his oun house By all quhich it is manifast that the said Auchinleck of Ballmano is alse a great and Manifast violence and Ryot as also that he and the said Keirie are also guilty of ouning the late King James and of disouning their majesties at least airt and part of the same, for which violence and Ryot Committed on the persones of the said George Anderson and Mr John Corsan ministers of the Gospell by the said Balmanno, He ought to ommitt and Loss his haill moveables and the same escheated The half to their majesties and the other half to the said pursuars offended as the Lykewayes he and the saids Keirrie for their drinking of the forsaid health ought to be severly punnished to the example and terror of others to committ the like in time comeing And Anent the charge given to the said defenders to have Compeired before the saids Lords at ane Certaine day now bygone To have heard and seen such order and Course taken theranent as the saids Lords shall think fitt. as in3 the saids Letters and executiones therof4 at more Leanth is Contained, The above Lybell at the instance of the said Mr John Corsan and Mr George Andersone against […] Auchinleck of Ballmano and John Oliphant of Keirie Being this day called in presence of the saids Lords of their Majesties privy Councill, And the pursuers Compeiring personally with Mr David Dalrymple their advocat And Ballmano being Lawfully cited oft tymes called and not Compeiring And Mr John Oliphant Compeiring personally The saids Lords Grants Certificatione against Ballmano and Ordaines letters to be direct to macers or messengers at armes Comanding them to pass to the marcat Cross of […] and other places needfull And ther in their Majesties name and authoritie duely and Lawfully and orderly denunce the said Auchinleck of Balmano Rebell and put him to their Majesties horne escheat and inbring all his moveable goods and geir to their majesties use for their contemptione and Disobedience And the Lord advocat haveing detained that he hade Lybelled against Mr Oliphant for drinking the late King James his health, The Lybell was read upon his account, And the saids Lords of privy Councill haveing Considered the Lybell so farr as concernes the said Mr John Oliphant They Find the Same relevant and admitts it to the pursuers probatione and David Stewart and Patrick Laing witneses against Mr Oliphant being called and David Stewart haveing Compeired and made faith at the barr and Patrick Laing being oft tymes called and not Compeiring Remitted to the Earle of Forfar Lord Beilhaven and Lord Justice Clerk to examine the said David Stewart and allowes farder dilligence by Caption against the said Patrick Laing and declaires any two of the Committie to be and suficient quorum.

Edinburgh The nynth day of November Jaj vjc nyntie thrie years

D1693/11/51

Decreet

Decreet Certificatione Corsan Against Ballmano

Anent the Lybell raised and pursued before the Lords of their majesties privy Councill be Mr John Corsan minister at Abdie Mr George Anderson minister at Logie and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Lawes of this and all other weell governed nationes the Causeles and violent assaulting and beatting of others especially ministers of the Gospell in the way and maner after Lybelled is a high cryme and ought to be severly punished, Lykeas by the act of parliament James Sixt parliament Eleventh Caput twentie-seven Its statute That who invads or puts violent hands in any minister shall be punished to tinsell of moveables for the violence allenarly the one half to the king and the other half to the partie offended, Which act is Ratified by the act Charles first, parliament first, Caput Seventh, As alsoe by the act Charles second, parliament second, Caput fourth Its statute that Such as shall be found guilty in assaulting the lifes of ministers of robbing of their houses or actually attempting the same be punished be death and the escheat of their moveaballs, As Lykewayes by the Lawes and acts of parliament of this kingdome and particularly by the sixtein act of the Convention of estates Jaj vjc Eightie nyne It is ordained that presume to oun or acknowledge the late king James the seventh for their king and by the second act of the parliament held that year That no man in, any maner of way disoune quarrell or Impugne their majesties Royall power and authority or right to the Croune Nevertheless It is of verity that […] Auchinleck of Ballmano shakeing of all fear of god and registrated to their majesties Lawes did upon the twentie Eight as one or other of the dayes of August Last by past come towards the house of manse wher the said Mr John Corsan dwells And as he approached the same did creually threaten to sett upon the said Mr John to assault his life and finding ther the said Mr George Andersone, He without any provocatione did fall upon him and beatt him upon the head and other parts of the body with a great staff or batton to the bruiseing and violent hurting of the same And then goeing a litle way off, But still seekeing and watching ane opportunity to find the said Mr John Corsan He returned within a little and perceiveing the said Mr John goeing peacably to his shearers, He declaired to the persones standing by that he sought him to beat him on Woodmylnes accompt, That was be cause Mr John hade according to his dutie pursued the said Woodmylnes for some money owing be him to the poor of the parish and then running upon the said Master John he Cruelly beat him with a great staff or battone in his hand untill Mr John fell doun and then after many stroaks given him, beatt him on the head untill the batton brock in his hand, And not being therwith content he swear it should not goe so, and Chassing a woman present with a stone he hade taken up Therafter he mett the said Mr John goeing back to his house, And took up a watter Trough for wattering of fowlls, And threw it at the said pursuer And therby brock it in peices, And then took up stones and threw2 at him untill Mr John gott into his house and shutt the door upon him Lykeas the said Auchinleck of Ballmano being not only Maliciously disafected to ther majesties government Did on one or other of the dayes of the moneths of June or Jully last by past in the house of David Stewart of Lindores and sitting in Companie of […] Oliphant of Keirie begine and drink the health of the late King James, Which health they also drank and pledged the same albeit others in the Company refuised and would not drink it Wherupon also the said Balmano took up the pynt Stoup and break it on the said David Stewart his head to the effusion of his blood and that in his oun house By all quhich it is manifast that the said Auchinleck of Ballmano is alse a great and Manifast violence and Ryot as also that he and the said Keirie are also guilty of ouning the late King James and of disouning their majesties at least airt and part of the same, for which violence and Ryot Committed on the persones of the said George Anderson and Mr John Corsan ministers of the Gospell by the said Balmanno, He ought to ommitt and Loss his haill moveables and the same escheated The half to their majesties and the other half to the said pursuars offended as the Lykewayes he and the saids Keirrie for their drinking of the forsaid health ought to be severly punnished to the example and terror of others to committ the like in time comeing And Anent the charge given to the said defenders to have Compeired before the saids Lords at ane Certaine day now bygone To have heard and seen such order and Course taken theranent as the saids Lords shall think fitt. as in3 the saids Letters and executiones therof4 at more Leanth is Contained, The above Lybell at the instance of the said Mr John Corsan and Mr George Andersone against […] Auchinleck of Ballmano and John Oliphant of Keirie Being this day called in presence of the saids Lords of their Majesties privy Councill, And the pursuers Compeiring personally with Mr David Dalrymple their advocat And Ballmano being Lawfully cited oft tymes called and not Compeiring And Mr John Oliphant Compeiring personally The saids Lords Grants Certificatione against Ballmano and Ordaines letters to be direct to macers or messengers at armes Comanding them to pass to the marcat Cross of […] and other places needfull And ther in their Majesties name and authoritie duely and Lawfully and orderly denunce the said Auchinleck of Balmano Rebell and put him to their Majesties horne escheat and inbring all his moveable goods and geir to their majesties use for their contemptione and Disobedience And the Lord advocat haveing detained that he hade Lybelled against Mr Oliphant for drinking the late King James his health, The Lybell was read upon his account, And the saids Lords of privy Councill haveing Considered the Lybell so farr as concernes the said Mr John Oliphant They Find the Same relevant and admitts it to the pursuers probatione and David Stewart and Patrick Laing witneses against Mr Oliphant being called and David Stewart haveing Compeired and made faith at the barr and Patrick Laing being oft tymes called and not Compeiring Remitted to the Earle of Forfar Lord Beilhaven and Lord Justice Clerk to examine the said David Stewart and allowes farder dilligence by Caption against the said Patrick Laing and declaires any two of the Committie to be and suficient quorum.

1. NRS, PC2/24, 266r-267v.

2. The word ‘it’ scored out here.

3. Insertion.

4. Insertion.

1. NRS, PC2/24, 266r-267v.

2. The word ‘it’ scored out here.

3. Insertion.

4. Insertion.