Act, 6 October 1697, Edinburgh

Att Edinburgh the Eight day of Jwny J^aj vi^c nyntie seven yeirs

D1697/6/3

D1697/6/3¹

Procedure: judicial proceedings

Remit The wniversitie of St Andrews Against the magistrats therof

Anent the lybell raised and perswed befor the Lords of privie Counsell at the instance of Mr George Hamilton rector of the wniversitie of Standrews Mr Alexander Monro provost of St andrews colledge Mrs William Young Dean of facultie Robert Ramsey Thomas Taillzer John Sun, John Arrot John Craigie Alexander Scrimzeour John Loudown Collin and William Villants professors and regents of the said wniversitie for themselvs and in name and behalf of the remanent members and founded persones students supposts and servitors therof and uthers belonging therto and John Ballmano ther Servant and ordinarie post with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater underurittin Mentioning That wheras by the comon Law and the Lawes of all well governed nationes and the Lawes and acts of parliament of this nation the incroaching upon and violating of the ryts and priviledges of the colledges and wniversities which are the great seminaries of Learning by Seazing upon and wrongous imprisoneing of the persons of the Schoollers servitors, or others belonging to the wniversitie are crymes of a high nature and Severelie pwnishable And it being of veritie that the wniversitie of Standreus (by the foundatione therof and ther ancient rights and priviledges confirmed by many charters wnder the great seall granted by severall kings and qweens of this natione) Is exeuned from all ordinary Jurisdiction and the pwnishing and correction of unjuries done to any of the Students Servitors or others belongs onlie to the rector and such is the wniversities pouer over the towne of Standrews and whole inhabitants therof that if any indueller within the toune Should violat the priviledges of the wniversitie and Should count any fault in relatione to the Samen the delinguents are to be intimat to the provest or any of the baillies by the rector of the wniversities and the rector is to requyre the baillies or provest to punish them within tuentie four hours and if they be deficient the correcting of them Shall belong to the rector himself as also by the foundatione and charters granted by the kings and qweens of this nation the wniversitie as exeemed from all taxationes customes and other publict executions All which rights and priviledges are confirmed by manie acts of parliament particularly by ane act in the yeir J^aj vi^c and twentie one in favours of the wniversitie by which it is also furder declaired that the wniversitie nor no persone belonging therto Shall be exeemed from the Jurisdictione of the Lords of Session our privie Counsell and Justice generall and that notwithstanding of any priviledge contained in the foundationes and originall mortificationes which clearlie imports that the wniversitie nor noe person belonging therto Schoollers or others are Subject or lyable to the Jurisdictione of the magistrats of the toun seing exceptio firmat regulam in non exceptis and the provest baillies and other officers of the burgh at ther electione yeirly are obleidged to Sweare befor the rector to observe all the priviledges and Liberties of the wniversitie And by the same charters and originall rights and foundationes our predecessors King James the first hes taken the Doctors regents masters students Supposts and others of the wniversitie under our Speciall favour defence and protectione Dischargeing all Subjects to infringe ther priviledges or Disturb them in the possessione therof And which hes bein confirmed by severall of our predicessors Kings and qweens And conform to the forsaids rights and priviledges the wniversitie hes allwayes bein in wse to cognose Judge and determine als well upon wrongs and injuries done by the Schoollers Servants or others of the wniversitie to the towne people as of wrongs and injuries done by the touns people to them as also of being frie of customes in wse to be exacted by the towne from others yet notwithstanding James Smith Mr Alexander Nairn George Rymer and John Craigie magistrats of the said burgh contrair to the forsaids Lawes and acts of parliament and the priviledges and liberties of the wniversitie did upon the […] day of […] J^aj vi^c nyntie six yeirs or ane or other of the dayes of the said moneth violently or maisterfullie Seaze upon the said John Balmano the wniversities Servant and most wrongouslie put him in prison upon pretence of ane alleaged injurie done to Some of the townes people and detained him in prisone for severall dayes untill he was necessitat to apply to the saids Lords of Sessione and obtaine a Suspensione and charge to putt to Libertie As also the saids magistrats doe most wnjustlie exact custome at ther ports and harbours and else wher for goods and uthers belonging to the wniversitie and severall colleidges therof and the maisters Students Servants and uthers therin By all which the saids magistrats have manifestlie incroached on and violat the priviledges of the said wniversitie contrair to all Law eqwitie and Justice and ther oath given at ther electione to be magistrats to observe the Statuts and priviledges of the wniversitie and which as propper to be cognosced by the Lords of our privie Counsell not onlie to prevent tumults and other inconveniencies that may otherwise happen or fall owt betuixt the Students of the wniversitie and citizens of the towne but also because it being expresslie provided by the foundatione of the wniversitie that if any difference arise betuixt the wniversitie and the towne in relatione to the correctione and pwnishing of any pairtie for crymes committed by you the cognitione and determinatione therof is to belong to the bishup and now belongs to ws as comeing in place of the bishups and conseqwently to our privie Counsell and therfor the saids magistrats ought not only to be discharged from exerceing any act of Jurisdiction over the maisters Schoollers Servants and others belonging to the wniversitie als well in the caise of injuries done by the Schoollers and uthers of the wniversitie to the townes people as by the townes people to them and from exacting custome for ther goods and from incroaching upon and violating any of the rights and priviledges in tyme comeing but also ought to be pwnished in ther persones and goods to the terror of others to comit the lyke herefter and to be lyable to the said John Balmano the Soume of […] as damnadges for his wrongous imprisonment And anent the charge given to the saids defenders to have compeired personallie befor the saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint and to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the said lybell with the executiones therof bears which lybell or Letters of complaint And lybell of reconventione the defenders against the persewers being this day called in presence of the saids Lords of his majesties privy Counsell And the saids Mr George Hamiltowne Robert Ramsay John Craigie Alexander Scrimzeour John Lowdowne and John Balmano persewers Compeareing personallie with Sir Patrick Home Sir David Thores James Stewart and Mr David Dallrimple ther advocats and the said James Smith George Rhymer and John Craigie defenders and persewers of the reconventione Compeareing personallie with Sir James Stewart his majesties Advocat mr Hwgh Dallrimple Mr David Cwningham and Mr Robert Cook ther Advocats and the rest of the persewers and defenders being Laufullie cited oft tymes called and not compearing The principall lybell and answers therto being fullie read The Earle of Crafurd who compeared personallie for the towne of Standrews declaired that they past from the Letters of reconventione raised at the magistrats instance against the persewers And therfor the Same was not read The Saids Lords haveing considered the principall lybell and answers made therto and haveing atlenth heard both pairties Lawiers They have remitted And heirby remits the points in the principall lybell to The Lords of Counsell and Sessione to be Sumarly discust by ther Lordships in the efternoon without abideing the ordinarie course of the Roll