Act, 27 December 1694, Edinburgh

Edinburgh the seventh day of August J^aj vj^c nyntie four years

D1694/8/13

D1694/8/13¹

Procedure

Remitt Menzies contra Leslie.

Anent the letter or lybell raised and pursued before the Lords of their majesties privy Councill be Mr William Menzies of Raw with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Mentioning That by the Law and Custome of this end all other weell Governed nationes and kingdomes the apprehending attacking keepeing or detaineing any of their Majesties free Leidges prisoners otherwayes then be order of Law are Crymes of a high nature and Severly punishable, yet nevertheless It is of verity that John Lessly only Lawfull sone and air to the deceast John Lessly merchant burges of Edinburgh haveing obtained ane decreet in absence against the pursuer and Charged him to make payment therupon the pursuer did present ane bill of suspensione And intimat the same to William Waddell officer who therupon delivered up the forsaid Decreet to the said John Lessly and told him the affair being suspended he Could doe nothing furder therin untill the discussing therof Lykeas the said John Lessly did therupon put up ane protestion in the minute book Calling for the said suspensione and which the pursuer hade exped upon Consignatione and hade produced the same timeously at the minute book before the extracting of any protestatione against, as the Declaratione of Mr Patrick Falconar keeper of the minute book does testifie notwithstanding quherof and that the pursuer was fully secured and Could nowayes be troubled or molested at the instance of the said John Lessly, Unles he hade extracted ane protestatione ordaining his dilligence to be put to farder executione against him, yet the said John Lessly upon the thrid day of August instant in high and manifast contempt of their majesties authoritie and Lawes, did cause Adam Pollock toune officer in the house of Androw Tenent ventner burges of Edinburgh make keep and detaine the pursuer his prisoner ther after the said pursuer hade declared the forsaid procedure to be unwarrantable and Illegall In Respect ther was no protestatione extracted and hade resumed in presence of the said John Lessly his agents and severall others what is above written, and protested under forme of instrument against him as being guilty of ane high ryot and for all Coast skaith damnadge intrest expences and disrepute he hade or should sustaine throw that his Illegall and unwarantable procedure, and altho this Civill and discreet Carriadge of the pursuer might have given a stopt to the said John Lessly his Carier yet he from ane perfyt humor and […] and of designe to disgrace and affront the said pursuer in his Credit and repute he did Order the forsaid officer to Carie him prisoner to the Tolbooth of Edinburgh, which he accordingly did by Carieing him to the Tolbooth gate wher at the desyre of the said pursuer the officer did allow him to goe in to the house of Master Thomas Gow provydeing he would ther pay the debt, And the said pursuer haveing in the said dwalling house called for the said John Lessly and asked him if he did yet oun that Illegall act or if he hade any protestatione extracted authorizeing for so doeing, He Declaired that he hade no such protestatione extracted, But ordered the officer to gett payment or else to incarcerat the said pursuer, and he would stand to his hazard wherupon the said pursuer was necessitate to pay the money a second time, and to take instruments against the said John Lessly a second time in maner and to the effect abovewritten, as the said officer his recept of the money and the instruments taken theranent at more length will testifie By doeing of all which the said John Lessly has Comitted ane high and manifast ryot against the said pursuer to his great damadge and disgrace Contrair to all forme of Law and dayly practique of this kingdome in the like cases, And therby and incaice such practises should pass unpunished ther could be no² Safety nor security for ther majesties good and free Leidges And Therfore the said John Lessly ought and should be severly punished in his person and goods and Decerned to make payment to the pursuer in the soume of Two Thousand merks for repairatione of his Damnadge and expences and Charges and of his Credit and repute, so much lashed and blazed by the nottority of such Illegall unwarrantable and Disgracefull act to the terror of others to Committ the like in time comeing And Anent the Charge given to the said John Lessly defender To have Compeired personally before the saids Lords of their majesties privy Councill this day³ To have answered to the grounds of the above written Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just as in the forsaid Lybell or letters and executiones therof at more length is contained Which being Called this day in presence of the saids Lords of ther majesties privy Councill, And the pursuers Compeiring personally with Sir James Ogilvie Mr Hew Dalrymple Mr David Dalrymple and Mr John Menzies his Advocats, and the defender Compeiring also personally with Sir Patrick Home and Mr David Cuninghame his advocats, And the lybell and answers therto being read, and both parties advocats fully heard The saids Lords of their majesties privy Councill Haveing Considered the lybell and answers They heirby Remitt to the Lords of Councill and Sessione to doe and determine in the matter Lybelled as they shall find Just.