Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Seventh day of Janwary J^aj vi^c nyntie Six yeirs

D1696/1/13

D1696/1/13¹

Judicial Proceeding

Remitt Fea of Whitehall Against Lapner

Anent the Lybell or Letters of complaint raised and persued befor the Lords of his majesties privie Counsell at the instance of Patrick Fea of Whytehall with concurse of Sir James Stewart his majesties Advocat for his interest in the mater underwritten Makeing Mention That wher the misinforming of the Lords of privie Cownsell or his majesties Advocat against any Loyall Subjects and asperseing them with Lies and counterfite Stories as being Disaffected to The Kings majestie or his government wherthrough they are putt to great expectationes to defend themselvs against vexatiouse processes to exculpat themselvs of Such alleadgeances As also the oppressing of any of the Leidges by groundles and illegall fyneing of them without any cryme or fault by any of the Judges And for these and the lyke unjust and wnwarrantable fynes to convocat and conveen the Leidges in armes by borrowing his Majesties name and authoritie therto And not only rob and Spoillie the whole the moveable goods and geir belonging the persones So wnjustly fyned But Likewayes violently and by force of armed men to eject and Dispossess them of ther houses Lands and heretadges are crymes of the grossest nature and Severely pwnisheable by the Lawes of this and all other well governed nations as tending to engender Disorder betuixt his Majestie and his Loveing Subjects ther oppressione and rwine And the breach of peace Yet nevertheles Robert Elphingstowne of Lapnes Shakeing of all fear of God and respect to his Majesties Lawes and the peace and will of his Loveing Subjects Did upon And or other of the dayes of […] J^aj vi^c and nyntie thrie yeirs out of meer malice and peike to the complainer and without all ground or Shaddow of Law fyne and amerciat him in the Soume of five Hundereth merks And when the complainer efterwards expostulating with him anent his wnjust procedure And finding he would not retract his wnjust Sentance told the said Robert Elphingstoune that he hoped to Sie a change meaneing of him and his court The Said Robert Elphingstowne in a base and Leiseing maner wrote a letter to the Lords of privie Counsell acqwainting them that the said complainer had Said he hoped to Sie a change of his majestie and Government Wherupon by a proces at the advocats instance against the complainer he was brought to great vexatione and expensses The Samen haveing efter wittnesses were examined therupon appeared to be ane callumnie and aspersione As also upon the twentie Seventh or twentie eight day of November Last bypast The Said Robert Elphinstoune Did without all ground of Law or reasone but out of meer malice to the complainer fyne and amerciat him in the Soume of Thrie Thousand merks and within fourtie eight houres therefter Convocat the whole Leidges within the Iseland of Stronzay betuixt Sixtie and Sixtein haveing borrowed his majesties name and authoritie therto And so came with ane armed force to the complainers Duelling house of Whitehall and by himself And Malcolme Scoway of Hwntowne and Andrew Smith in Minshester active concurrers And haveing airt and pairt with the said Robert Elphingstowne in the said Heynows ryot did violently enter the Samen And turned out the complainers wyfe bairnes and Servants out of possessione of the Samen And medle with all the complainers house hold panishing and furniture to a considerable value his chists and cabinets wher wer the evidents and Securities of his Lands bonds and obligationes wherof Some granted by the Said Robert Elphingstowne himself to the complainer And then medled with all other moveable goods and geir without the house as horse nolt Sheep fwyne goose and poultrie and whole Laboureing Strenth the cornes in his barne yeards Boats and Barks and wthers whatsoever And not only pertaining to the Complainer But also the horses and Laboureing Strenth propperly belonging to his tenents so that through the said Robert Elphingstowne and the foirnamed persones his accomplices ther wnjustice and oppressione The complainer hes not only Sustained the said present Loss of all his goods and geir But by being turned out of the possessione of his Lands out of all which he payes Ane Thousand pund Scotts yeirly to his Majestie and his chamberland of few dwetie his Lands are cast waist and ly wnlaboured for this present yeir J^aj vi^c nyntie five wherthrough he not only Losses the profite therof but being wnabled to pay the Said few Duetie for cropts J^aj vi^c nyntie four and J^aj vi^c and nyntie five a reall burden is contracted upon his Lands exhausting the value therof For all which wnjust practises and barbarous oppressiones the said Robert Elphingstoune Mallcolme Scollay and Andrew Smith ought not only to be severly pwnished in ther persones and goods that others may be deterred from comitting the lyke in tyme comeing But the Said complainer to be restored and possessed of his houses and Lawes and haill other goods and geir Soe wnjustly Spwillzed and away taken in maner above mentioned And anent the charge given to the saids defender to have compeared personallie befor the Saids Lords at ane certaine day now bygone to have ansuered to the forsaid complaint And to have heard and Sein Such order and course taken theranent as the saids Lords Should think fitt wnder the paine of rebellione and putting of them to the horne with certificatione etc As in the principall Letters or lybell raised in the said mater and executiones therof at more Length is contained Which lybell or Letters being called upon the Eleventh of Jwne Last bypast in presence of his Majesties high Comissioner And Lords of privie Counsell And the persewar compeareing personally with Sir James Ogilvie and Mr Robert Frazer his advocats And the saids defenders Compeareing also personally with Sir James Stewart his majesties Advocat Mr David and Mr Robert Forbesses ther Advocats The lybell ansuers therto being red And both pairties procurators being fullie heard The Saids Lords admitted the lybell to the persewars probatione And Such of the wittnesses as uere present haveing made faith at the barr The Councell appointed a comittie of ther own number for examining the saids wittnesses And reserved all objectiones to be proponed and disucst befor the said Comittie Which comittie haveing accordingly mett the persewer adduced diverse and Sundrie famous wittnesses befor them who being all Solemnly Sworne and interrogat deponed As ther oathes and depositiones extant in proces bears Befor adviseing of which depositiones The Councell recomended to Severall comitties of ther own number to call for and hear both pairties And to endeavour to Setle and agrie them And in caice of difficultie to report to the Counsell Which Comitties haveing reported that they could not agrie the pairties The Saids Lords of his majesties privie Councell haveing this day considered the foirsaid Lybell They heirby Superceed the adviseing of the probatione adduced in this proces As to the ryot untill the point of Spwillzea be first insisted in and discust befor the Lords of Counsell and Sessione And recomends to The saids Lords of Counsell and Sessione to discuss the lybell of Spwillzea raised or to be raised befor them at the instance of the said persewar against the saids defenders summarly without the abideing the ordinary course of the roll