Tag Archives: 1 February 1698

Decreet, 1 February 1698, Edinburgh

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Att Edinburgh the First day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/21

Decreet

Decreit The Dragons and Serjent of Major Burnets troupe Against The Said Major

The Lords of his majesties privie Counsell haveing by ther interloqwitor of the Eleventh of Janwary Last bypast nominated and appointed a Comitie of ther own number to call for and examine the Dragownes in Major Burnet his troupe in the Lord Forbess his Late regiment of Dragoons who were then prisoners in the tollbwith of Edinburgh Anent what they have to lay to the chairge of the Said Major […] Burnet or ther other officers And anent the mwtinie made by the saids Dragownes and to call for and heare the officers anent what Shall be layed to ther charge Which Commitie haveing accordingly mett they made ther report to the privie Cownsell As the samen of the date the twelve of Janwary Last bypast at more length bears And the saids Lords by ther interloqwitor of the threttein day of the said moneth of Janwary Last bypast Did remit to the forsaid Comitie to Call for the saids dragownes mwtiniers and to examine them And to take particular tryell anent the mwtinie made by the saids dragownes with power to the said Comitie to Liberat and sett frie Swch of the said Comitie to Liberat and Sett frie Swch of the saids dragownes as they Should think fitt And remitted to the foirsaid Comitie to heare the Serjeants of the Said regiment of Dragownes anent any thing wherupon they complaine or desyre to be heard And Sicklyke the saids Lords by ther interloqwitor of the twentie fifth of the said moneth of Janwary Last by past ordained the said Major Burnet to Exhibite and prodwce his accompt books kept betuixt him and his said troupe of Dragownes In caice the major have any Such compt books And if he have non Such or if he faill to prodwce them Then the Cownsell allowed the Commitie to2 take and receave the dragownes oathes and recomended to the Comitie to report these oathes when taken to the privie Cownsell to be advised before pronunceing decreit And the said Comitie haveing mett Conforme to the references foirsaids made to them and haveing taken and receaved the oathes and depositiones of threttein severall Dragownes in the foirsaid Troupe all efternamed and of a Serjeant of the said troupe also efter named And the saids Lords of his majesties privie Cownsell haveing this day atlenth heard read and considered the foirsaid depositiones of the saids threttein dragownes in the foirsaid troupe all efter named and of a serjeant And being therwith well and ripely advised they have decerned and ordained and heirby decernes and ordaines the said major […] Burnet to make payment and Satisfactione to the Saids dragownes and Serjeant of the Soumes of money contained in ther respective depositiones or wherinto they have restricted themselvs Conforme to ther saids depositiones And which Soumes are all efterwards herein insert viz to Charles Murray dragowne in the said troupe of the Soume of fiftie one pwnd twelve Shilling Scotts Item to Thomas Hamling Dragowne in the said troupe of the Soume of Threttie Six pwnd Scotts Item to David Ramsay Dragowne in the said troupe of the Soume of Fifftie nyn pwnd nyn Shilling eight pennies Scotts Item to Angws Mcdonald dragowne in the said troupe of the soume of seven pwnd Sterleing money Item to Alexander Campbell Dragowne in the said troupe of the sowme of Fiftie four pwnd Scotts Item to James Milne ane other dragowne in the said troupe of the Soume of threttie one pwnd Seventie Shilling Scotts Item to William Dwncan ane other dragowne of the said troupe of the Soume of twentie nyn pwnd five Shilling Scotts and twelve Shilling Sterleing Extending both togither to the Soume of threttie Six pwnd nyn Shilling Scotts Item to William Hendersone and others of the saids dragownes of the Soume of Threttie Six pund eightein Shilling Scotts and Seven pwnd Scotts Extending both togither to Fourtie thrie pwnd eightein Shilling Scotts Item to James Couper another of the saids Dragownes of the Soume of threttie pwnd Scotts Item to John Waldie another of the saids Dragownes of the Soume of twentie four pund Scotts and twentie Shillings Sterleine Extending both the saids Soumes to Threttie six pund Scotts Item to John Bridge ane other dragowne of the said troupe of the Soumes following viz of four pwnd Scotts and fourtein pwnd Scotts Extending both the Saids Soumes to the Soume of Eightein pwnd Scotts Item to Alexander Rate ane other of the saids Dragownes of the Soumes following viz threttie nyn pwnd Six Shilling Scotts and ten pwnd nyn Shilling Scotts Extending both the saids Soumes to Fourtie nyn pwnd fiftein Shilling Scotts Item to Robert Mwire ane other of the saids dragownes of the Soumes of Fourtie eight pund Scotts and threttie Shillings Sterleing Extending both to the Soume of Sixtie Six pwnd Scotts Item to John Robertsone Serjent to the saids dragownes the Soume of fourtie thrie pwnd threttein Shilling Scotts And ordaines Letters of Horning upon Six dayes wairneing and others wnder the Signet of privie Counsell to be direct heiron in forme as effeirs

Att Edinburgh the First day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/21

Decreet

Decreit The Dragons and Serjent of Major Burnets troupe Against The Said Major

The Lords of his majesties privie Counsell haveing by ther interloqwitor of the Eleventh of Janwary Last bypast nominated and appointed a Comitie of ther own number to call for and examine the Dragownes in Major Burnet his troupe in the Lord Forbess his Late regiment of Dragoons who were then prisoners in the tollbwith of Edinburgh Anent what they have to lay to the chairge of the Said Major […] Burnet or ther other officers And anent the mwtinie made by the saids Dragownes and to call for and heare the officers anent what Shall be layed to ther charge Which Commitie haveing accordingly mett they made ther report to the privie Cownsell As the samen of the date the twelve of Janwary Last bypast at more length bears And the saids Lords by ther interloqwitor of the threttein day of the said moneth of Janwary Last bypast Did remit to the forsaid Comitie to Call for the saids dragownes mwtiniers and to examine them And to take particular tryell anent the mwtinie made by the saids dragownes with power to the said Comitie to Liberat and sett frie Swch of the said Comitie to Liberat and Sett frie Swch of the saids dragownes as they Should think fitt And remitted to the foirsaid Comitie to heare the Serjeants of the Said regiment of Dragownes anent any thing wherupon they complaine or desyre to be heard And Sicklyke the saids Lords by ther interloqwitor of the twentie fifth of the said moneth of Janwary Last by past ordained the said Major Burnet to Exhibite and prodwce his accompt books kept betuixt him and his said troupe of Dragownes In caice the major have any Such compt books And if he have non Such or if he faill to prodwce them Then the Cownsell allowed the Commitie to2 take and receave the dragownes oathes and recomended to the Comitie to report these oathes when taken to the privie Cownsell to be advised before pronunceing decreit And the said Comitie haveing mett Conforme to the references foirsaids made to them and haveing taken and receaved the oathes and depositiones of threttein severall Dragownes in the foirsaid Troupe all efternamed and of a Serjeant of the said troupe also efter named And the saids Lords of his majesties privie Cownsell haveing this day atlenth heard read and considered the foirsaid depositiones of the saids threttein dragownes in the foirsaid troupe all efter named and of a serjeant And being therwith well and ripely advised they have decerned and ordained and heirby decernes and ordaines the said major […] Burnet to make payment and Satisfactione to the Saids dragownes and Serjeant of the Soumes of money contained in ther respective depositiones or wherinto they have restricted themselvs Conforme to ther saids depositiones And which Soumes are all efterwards herein insert viz to Charles Murray dragowne in the said troupe of the Soume of fiftie one pwnd twelve Shilling Scotts Item to Thomas Hamling Dragowne in the said troupe of the Soume of Threttie Six pwnd Scotts Item to David Ramsay Dragowne in the said troupe of the Soume of Fifftie nyn pwnd nyn Shilling eight pennies Scotts Item to Angws Mcdonald dragowne in the said troupe of the soume of seven pwnd Sterleing money Item to Alexander Campbell Dragowne in the said troupe of the sowme of Fiftie four pwnd Scotts Item to James Milne ane other dragowne in the said troupe of the Soume of threttie one pwnd Seventie Shilling Scotts Item to William Dwncan ane other dragowne of the said troupe of the Soume of twentie nyn pwnd five Shilling Scotts and twelve Shilling Sterleing Extending both togither to the Soume of threttie Six pwnd nyn Shilling Scotts Item to William Hendersone and others of the saids dragownes of the Soume of Threttie Six pund eightein Shilling Scotts and Seven pwnd Scotts Extending both togither to Fourtie thrie pwnd eightein Shilling Scotts Item to James Couper another of the saids Dragownes of the Soume of threttie pwnd Scotts Item to John Waldie another of the saids Dragownes of the Soume of twentie four pund Scotts and twentie Shillings Sterleine Extending both the saids Soumes to Threttie six pund Scotts Item to John Bridge ane other dragowne of the said troupe of the Soumes following viz of four pwnd Scotts and fourtein pwnd Scotts Extending both the Saids Soumes to the Soume of Eightein pwnd Scotts Item to Alexander Rate ane other of the saids Dragownes of the Soumes following viz threttie nyn pwnd Six Shilling Scotts and ten pwnd nyn Shilling Scotts Extending both the saids Soumes to Fourtie nyn pwnd fiftein Shilling Scotts Item to Robert Mwire ane other of the saids dragownes of the Soumes of Fourtie eight pund Scotts and threttie Shillings Sterleing Extending both to the Soume of Sixtie Six pwnd Scotts Item to John Robertsone Serjent to the saids dragownes the Soume of fourtie thrie pwnd threttein Shilling Scotts And ordaines Letters of Horning upon Six dayes wairneing and others wnder the Signet of privie Counsell to be direct heiron in forme as effeirs

1. NRS, PC2/27, 81v-83r.

2. The word ‘report’ scored out here.

1. NRS, PC2/27, 81v-83r.

2. The word ‘report’ scored out here.

Sederunt, 1 February 1698, Edinburgh

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Att Edinburgh the 1 First day of Febrwary Jaj vic nyntie eight yeirs2

D1698/2/13

Sederunt

Lord Chancellor; Earl of Mellvill; Marquis of Tweedale; Earl of Sutherland; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbat; Lord Montgomry; Lord Raith; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Fowntainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Cessnock; Proveist of Edinburgh; Laird of Kellburne

Att Edinburgh the 1 First day of Febrwary Jaj vic nyntie eight yeirs2

D1698/2/13

Sederunt

Lord Chancellor; Earl of Mellvill; Marquis of Tweedale; Earl of Sutherland; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbat; Lord Montgomry; Lord Raith; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Fowntainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Cessnock; Proveist of Edinburgh; Laird of Kellburne

1. The word ‘twentie’ scored out here.

2. NRS, PC2/27, 81v.

3. NRS, PC2/27, 81v.

1. The word ‘twentie’ scored out here.

2. NRS, PC2/27, 81v.

3. NRS, PC2/27, 81v.

Warrant, 1 February 1698, Edinburgh

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Att Edinburgh The First Day of February Jaj vjc nynty Eight years

A1698/2/51

Warrant

Warrant for a safe Conduct To the Earle of Seaforth

The Lords of his Majesties privy Councill Being Informed That Kenneth Earle of Seaforth is Travelling to this place To appear Before their Lordships for satisfieing a Citation formerly Given him wherin he did not appear Therfore They for the said Earle his furder security Doe heirby grant safe conduct to his Lordship Discharging all persones upon pretence of whatsoever prior Warrant or upon any other pretext To Trouble Stopp or Imped his Lordship In Travelling from his house of Brachand in the Shire of Ross To the city of Edinburgh untill The Twenty of February Instant Inclusive sic subscribitur Marchmont Cancellar Melvill P Annandale Lauderdale James Steuart James Murray J Hamiltone William Anstruther A Hope.

Att Edinburgh The First Day of February Jaj vjc nynty Eight years

A1698/2/51

Warrant

Warrant for a safe Conduct To the Earle of Seaforth

The Lords of his Majesties privy Councill Being Informed That Kenneth Earle of Seaforth is Travelling to this place To appear Before their Lordships for satisfieing a Citation formerly Given him wherin he did not appear Therfore They for the said Earle his furder security Doe heirby grant safe conduct to his Lordship Discharging all persones upon pretence of whatsoever prior Warrant or upon any other pretext To Trouble Stopp or Imped his Lordship In Travelling from his house of Brachand in the Shire of Ross To the city of Edinburgh untill The Twenty of February Instant Inclusive sic subscribitur Marchmont Cancellar Melvill P Annandale Lauderdale James Steuart James Murray J Hamiltone William Anstruther A Hope.

1. NRS, PC1/51, 353-4.

1. NRS, PC1/51, 353-4.

Warrant, 1 February 1698, Edinburgh

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Att Edinburgh The First Day of February Jaj vjc nynty Eight years

A1698/2/41

Warrant

Warrant for raising a Lyble against Kinmundie

A Letter from Frazer of Kinmundie Sheriff depute of Aberdeen To Sir Patrick Home his Majesties solicitor Giving him ane account That Two of the Frasers sent from Inverness hade made ther Escape as they were coming from Aberdeen Read, and the Lords of his Majesties privy Councill Doe heirby Recommend To Sir James Stewart his Majesties Advocate To Raise a Lyble before them att his Instance against the said Sheriff-Deput for the Escape of the saids Two persones Conform to the Letter and for the other points upon which his majesties Advocate his Information against him Conform to a note to be Given in by the Lord Advocate to the Clerks of Councill.

Att Edinburgh The First Day of February Jaj vjc nynty Eight years

A1698/2/41

Warrant

Warrant for raising a Lyble against Kinmundie

A Letter from Frazer of Kinmundie Sheriff depute of Aberdeen To Sir Patrick Home his Majesties solicitor Giving him ane account That Two of the Frasers sent from Inverness hade made ther Escape as they were coming from Aberdeen Read, and the Lords of his Majesties privy Councill Doe heirby Recommend To Sir James Stewart his Majesties Advocate To Raise a Lyble before them att his Instance against the said Sheriff-Deput for the Escape of the saids Two persones Conform to the Letter and for the other points upon which his majesties Advocate his Information against him Conform to a note to be Given in by the Lord Advocate to the Clerks of Councill.

1. NRS, PC1/51, 353.

1. NRS, PC1/51, 353.

Decreet, 1 February 1698, Edinburgh

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Att Edinburgh The First Day of February Jaj vjc nynty Eight years

A1698/2/31

Decreet

Decreet absolvitor Sir Robert Dickson of Sornbegg against His Majesties Advocat

Anent The Lyble or Letters of Complaint Raised and persued Before the Lords of his majesties privy Councill att the Instance of Sir James Stewart his Majesties Advocate for his Highness Interest In the matter underwritten Making Mention That where By the Common Law and the Laws of all welgoverned nations and the Laws and acts of parliament of this Kingdom The Calumniating Traducing and murmuring fasly against Judges and magistrats are Crimes of a high nature and severely punishable and particularly the One Hundered and fourth act parliament seventh James The Fifth, It is Statute That if any manner of person murmure any Judge Spiritual or temporal as well Lords of Session and others And proves not the same sufficiently he shall be punished with the Tinsell of his Honour fame and Dignity and shall pay a paine arbitrall att his Majesty’s will and privy Councill for the Infameing of sick persons. Yet Nevertheless Sir Robert Dickson of Sornbegg without Regaird to the saids Laws and in manifest Contempt of his Majesties authority represented by his Majesties minister his presumed to Committ and is Guilty of the forsaids Crimes In so farr as He upon the 82 Day of November Last or ane or other of the days of the said moneth Did Give In a paper to his Majestie accusing the Lords of Thesaury of maleversation wherof the Tenor follows
To the Kings most Excellent Majesty Memoriall Humbly offered To his Majestie By Sir Robert Dickson of Sorn Begg In the year Jaj vic nyntie one. I with some others who did Join with me Did Engadge our selves to the Lords of your Majesties Thesaury in Scotland by a Tack of your Customs and forraign Excise By which wee did oblidge our selves to pay yearly for the Space of five years The soume of Twenty Thousand and Three Hundered pound Sterling Conform to which Tack wee Continued our possession as Tacksmen during all the years thereof. And did punctualy without Demanding the Least abatment or Defalcatione make payment of our whole Tack-Duty save only the soume of six Hundered pound which still Remains in my hand unpayed And which I am most willing to pay upon the Lords of the Thesaury ther Granting to me and my partners ane Generall Discharge notwithstanding of what is above Represented The Lords of the Thesaury have Granted a Warrant for seizeing of my person and Committing me prisoner untill I make payment of the soume of Two Thousand and Three Hundreth pound Sterling more which they alleadge to be due to the officers of state for wynes And which I humbly Conceave I and my partners Can never be oblidged to pay it Being no part of my Contract And I humbly Begg Leave To Inform your Majestie That if such a Custom be Introduced It will very much Diminish your Majesty’s Revenue For it is not to be Thought That wee nor any Succeeding Tacks-men Can give such Gratifications over and above our Tack-duty without a considerable allowance and this still prejudges your Majesties Interest And They were so forward in the Prosecution of the said Warrand, That I was necessitate to Leave the Kingdom and Come here to make my application To your Majesty, May it Therfore your majesty In consideration That wee are the only Tacksmen That can be named In Scotland who have payed our Tack-duty without Demanding any abatement and that wee owe no pairt of the same But the six hundered pound abovementioned. Which I am Instantly satisfied to pay Therfore To Grant a Letter In my favours Remitting the Determination of the saids Wynes To the Lords of session who are The only Judges Competent therof. And in the mean Tyme To order all Execution By vertue of said warrant given against me To Stopp untill The saids Lords Give a Decisione in the matter according to Law. Which paper Doth Directly fall under the Laws and acts of parliament against murmuring of Judges Inasmuchas First the said Sir Robert Dickson falsly affirms in the said paper That he and his partners did make payment of their whole Tackduty punctually and without Demanding the Least abatement or Defalcation Except only the soume of six Hundered pounds Sterling Albeit It is nottourly Known That they did Demand severall abatements and particularly a Considerable Soume of abatement upon the account of wynes given to the officers of state And That the same was Refused by the Lords of his Majesties Thesaury and Exchequer after a full hearing In presence Bearing That Sir Robert Dickson and his partners Could have no allowance of the wynes Given which were Customary and according to use and wont And That it was only to Evite and Elude this Interloquitor That The Tacksman Reformed ther accompt and gave in a new one without the said Article of Deduction and with the forsaid Balance of six Hundred pound. Secundo The said Sir Robert Dickson falsly Insinuats In the said paper That the forsaid soume for the wyns is only alleadged to be due notwithstanding The Lords of Thesaury and Exchequer Did find by the said Interloquitor the same To be due as Customary and according To use and wont. Tertio The said Sir Robert in the said Paper accuses the prejudice and Diminution of his Majesties Revenue and that they were so forward In prosecution of their warrand for apprehending Sir Robert on the account forsaid That he was necessitate To Leave the Kingdom To make his application to his Majestie Wheras the saids wynes were found to be no Gratification And That Ther was no other warrand against Sir Robert But a Caption against him and others of the Tacks-man of which he might have Releived himself By the ordinary Remedy of a Suspension if he hade Conceaved he hade any Just Ground for the same. Quarto That Sir Robert in the said paper Doth unwarrantablie crave a Letter from his Majestie for Remitting the Determination of the saids wynes To the Lords of Session as the only Judges Competent wherby He Reflects upon and falsly Derogates from the authority of the Lords of Thesaury and Exchequer And farder That he Likeways Craves in the said paper That his Majestie By his Letter would order all Execution By vertue of the said Caption or warrand given against him To stopp untill The Lords of Session Give ther Decision By which he Impugnes upon the acts of Parliament By which his Majestie is not to Interpose By Letters. And The said Sir Robert Being called Before the Lords of Thesaury upon the Twenty Sixth of January Instant and the Coppie of the said Memoriall Being Read to him And Being Interrogate if he Did present To his Majesty the Like memoriall Answered he wold neither say he hade or hade not And afterwards he said he would own his Giving it in But when a Declaration was Drawen up for that Effect To have Been subscribed by him. He Refused to Doe it And did abide to his first answer as appears by the Declaration Signed by the Lords of Thesaury and others By which upon the matter he hes acknowledged his Giving in to his Majesty a memoriall of the Tenor forsaid. Off which Crymes of Traduceing Calumniating and falsly murmuring against the Lords of his Majesties Thesaury he is Guilty actor airt or pairt and ought to be punished with the Tinsell of his Honour fame and Dignity and otherways In his person and Goods to the Terror of others to Committ the Like hereafter. And Anent The Charge given to the said Defender To have Compeared personally Before the saids Lords of his Majesties privy Councill att ane certan Day Bygone To have answered To the Grounds of the above Complaint and To have heard and seen such order and Course taken theranent, as the saids Lords should Think fitt under the pain of Rebellion and putting of him to the Horn with Certification by him The said Principall Lyble or Letters of Complaint with the Executiones therof att more Length proports. Which Lyable Being this day Called In presence of the Lords of his Majesties privy Councill And the Lord Advocate and Sir Patrick Hume his majesties Sollicitor Compearing as Persuers for his Majesties Interest, And The said Sir Robert Dickson Defender Being Brought from prison and Compearing personally att the Barr with Mr Hugh and Mr David Dalrymple Mr John Meinzes Mr Walter Pringle Mr David Cuninghame Mr Francis Grant Mr James Hamiltoun John Stewart and Mr William Houstoun his Advocates The Lyble Being Read and Mr Hugh Dalrymple Having in Sir Roberts name acknowledge That Sir Robert did Give in to his Majestie a paper In the Lyke Termes lybelled, Declared That Sir Robert would make no Defence But Submitt himself to ther Lordships sentence, Begging pardon and of the Lords of his majesties Thesaury and Lords of Exchequer for his offence Given by That paper Seing he hade no Thought or Intention therby To Reflect or putt any Disrespect upon the Lords of his Majesties Thesuary But now perceaving That what he hade said therein hes given offence to their Lordships He Declares Sir Robert is heartily sorry for it And Beggs pardon of the Lords Commissioners of his Majesties Thesaury and the Lords of Exchequer who have been offended by it. And Sir Robert Dickson Declared That he owned and adhered to what his Advocate hade said in his name. The saids Lords of his Majesties privy Councill Having Considered The Lyble and what Mr Hugh Dalrymple hes Declared and Sir Robert Adhered to They having Removed the parties and shutt the Doors and having spoke of the Bussiness amongst themselves and appointed The Lord Chancelor To putt some Questions To Sir Robert upon the Lyble They Decerne and ordain The said Sir Robert Dickson of Sorn-begg To sitt Down upon his Knee and acknowledge that he hade given in To his Majesty a paper or memoriall of the Lyke nature with the paper Insert In the Lyble and That The paper was ane Error and fault and that ther was no Ground for it. And To Declare That he is sorry for doing of it. And that he disownes disapproves and Retracts the paper Given In By him To the Kings majestie and upon his knee To Crave pardon for the offence done by giving in The paper. And the Doors Being again cast open and Sir Robert Dickson called in and Coming within the Barr to the foot of the Table, The Lord Chancelor having asked him if he did acknowledge the Giving in of that memorial To his Majestie, he answered That he did and the Lord Chancelor having asked if he did now Disown Disapprove and retract the said memorial and if he was sorry for his having presented it. Sir Robert answered That he did And That he was heartily sorry, And having Kneeled upon his Knee and acknowledged in face of Councill and Declared and Craved pardon in the termes abovewritten, The Lord Chancelor Told him That Albeit The offence he hade Done was by Law severely punishable yet seing he hade so freely acknouledged and humblie Cast himself upon the favour and Clemency of his Majesties privy Councill Their Lordships hade Condescended To Deal favourablie with him and To accept of his humble Acknowledgement and Sute for pardon And The saids Lords of his Majesties Privy Councill have assolzied and heirby assolzies The said Sir Robert Dickson Defender from the points and articles of the Lyble raised against him and Declares him quite thereof and free therefrom In all Tyme Coming And have Declared and heirby Declared the said Defender to be free and at Liberty from the Councill Barr without Returning to prison again.

Att Edinburgh The First Day of February Jaj vjc nynty Eight years

A1698/2/31

Decreet

Decreet absolvitor Sir Robert Dickson of Sornbegg against His Majesties Advocat

Anent The Lyble or Letters of Complaint Raised and persued Before the Lords of his majesties privy Councill att the Instance of Sir James Stewart his Majesties Advocate for his Highness Interest In the matter underwritten Making Mention That where By the Common Law and the Laws of all welgoverned nations and the Laws and acts of parliament of this Kingdom The Calumniating Traducing and murmuring fasly against Judges and magistrats are Crimes of a high nature and severely punishable and particularly the One Hundered and fourth act parliament seventh James The Fifth, It is Statute That if any manner of person murmure any Judge Spiritual or temporal as well Lords of Session and others And proves not the same sufficiently he shall be punished with the Tinsell of his Honour fame and Dignity and shall pay a paine arbitrall att his Majesty’s will and privy Councill for the Infameing of sick persons. Yet Nevertheless Sir Robert Dickson of Sornbegg without Regaird to the saids Laws and in manifest Contempt of his Majesties authority represented by his Majesties minister his presumed to Committ and is Guilty of the forsaids Crimes In so farr as He upon the 82 Day of November Last or ane or other of the days of the said moneth Did Give In a paper to his Majestie accusing the Lords of Thesaury of maleversation wherof the Tenor follows
To the Kings most Excellent Majesty Memoriall Humbly offered To his Majestie By Sir Robert Dickson of Sorn Begg In the year Jaj vic nyntie one. I with some others who did Join with me Did Engadge our selves to the Lords of your Majesties Thesaury in Scotland by a Tack of your Customs and forraign Excise By which wee did oblidge our selves to pay yearly for the Space of five years The soume of Twenty Thousand and Three Hundered pound Sterling Conform to which Tack wee Continued our possession as Tacksmen during all the years thereof. And did punctualy without Demanding the Least abatment or Defalcatione make payment of our whole Tack-Duty save only the soume of six Hundered pound which still Remains in my hand unpayed And which I am most willing to pay upon the Lords of the Thesaury ther Granting to me and my partners ane Generall Discharge notwithstanding of what is above Represented The Lords of the Thesaury have Granted a Warrant for seizeing of my person and Committing me prisoner untill I make payment of the soume of Two Thousand and Three Hundreth pound Sterling more which they alleadge to be due to the officers of state for wynes And which I humbly Conceave I and my partners Can never be oblidged to pay it Being no part of my Contract And I humbly Begg Leave To Inform your Majestie That if such a Custom be Introduced It will very much Diminish your Majesty’s Revenue For it is not to be Thought That wee nor any Succeeding Tacks-men Can give such Gratifications over and above our Tack-duty without a considerable allowance and this still prejudges your Majesties Interest And They were so forward in the Prosecution of the said Warrand, That I was necessitate to Leave the Kingdom and Come here to make my application To your Majesty, May it Therfore your majesty In consideration That wee are the only Tacksmen That can be named In Scotland who have payed our Tack-duty without Demanding any abatement and that wee owe no pairt of the same But the six hundered pound abovementioned. Which I am Instantly satisfied to pay Therfore To Grant a Letter In my favours Remitting the Determination of the saids Wynes To the Lords of session who are The only Judges Competent therof. And in the mean Tyme To order all Execution By vertue of said warrant given against me To Stopp untill The saids Lords Give a Decisione in the matter according to Law. Which paper Doth Directly fall under the Laws and acts of parliament against murmuring of Judges Inasmuchas First the said Sir Robert Dickson falsly affirms in the said paper That he and his partners did make payment of their whole Tackduty punctually and without Demanding the Least abatement or Defalcation Except only the soume of six Hundered pounds Sterling Albeit It is nottourly Known That they did Demand severall abatements and particularly a Considerable Soume of abatement upon the account of wynes given to the officers of state And That the same was Refused by the Lords of his Majesties Thesaury and Exchequer after a full hearing In presence Bearing That Sir Robert Dickson and his partners Could have no allowance of the wynes Given which were Customary and according to use and wont And That it was only to Evite and Elude this Interloquitor That The Tacksman Reformed ther accompt and gave in a new one without the said Article of Deduction and with the forsaid Balance of six Hundred pound. Secundo The said Sir Robert Dickson falsly Insinuats In the said paper That the forsaid soume for the wyns is only alleadged to be due notwithstanding The Lords of Thesaury and Exchequer Did find by the said Interloquitor the same To be due as Customary and according To use and wont. Tertio The said Sir Robert in the said Paper accuses the prejudice and Diminution of his Majesties Revenue and that they were so forward In prosecution of their warrand for apprehending Sir Robert on the account forsaid That he was necessitate To Leave the Kingdom To make his application to his Majestie Wheras the saids wynes were found to be no Gratification And That Ther was no other warrand against Sir Robert But a Caption against him and others of the Tacks-man of which he might have Releived himself By the ordinary Remedy of a Suspension if he hade Conceaved he hade any Just Ground for the same. Quarto That Sir Robert in the said paper Doth unwarrantablie crave a Letter from his Majestie for Remitting the Determination of the saids wynes To the Lords of Session as the only Judges Competent wherby He Reflects upon and falsly Derogates from the authority of the Lords of Thesaury and Exchequer And farder That he Likeways Craves in the said paper That his Majestie By his Letter would order all Execution By vertue of the said Caption or warrand given against him To stopp untill The Lords of Session Give ther Decision By which he Impugnes upon the acts of Parliament By which his Majestie is not to Interpose By Letters. And The said Sir Robert Being called Before the Lords of Thesaury upon the Twenty Sixth of January Instant and the Coppie of the said Memoriall Being Read to him And Being Interrogate if he Did present To his Majesty the Like memoriall Answered he wold neither say he hade or hade not And afterwards he said he would own his Giving it in But when a Declaration was Drawen up for that Effect To have Been subscribed by him. He Refused to Doe it And did abide to his first answer as appears by the Declaration Signed by the Lords of Thesaury and others By which upon the matter he hes acknowledged his Giving in to his Majesty a memoriall of the Tenor forsaid. Off which Crymes of Traduceing Calumniating and falsly murmuring against the Lords of his Majesties Thesaury he is Guilty actor airt or pairt and ought to be punished with the Tinsell of his Honour fame and Dignity and otherways In his person and Goods to the Terror of others to Committ the Like hereafter. And Anent The Charge given to the said Defender To have Compeared personally Before the saids Lords of his Majesties privy Councill att ane certan Day Bygone To have answered To the Grounds of the above Complaint and To have heard and seen such order and Course taken theranent, as the saids Lords should Think fitt under the pain of Rebellion and putting of him to the Horn with Certification by him The said Principall Lyble or Letters of Complaint with the Executiones therof att more Length proports. Which Lyable Being this day Called In presence of the Lords of his Majesties privy Councill And the Lord Advocate and Sir Patrick Hume his majesties Sollicitor Compearing as Persuers for his Majesties Interest, And The said Sir Robert Dickson Defender Being Brought from prison and Compearing personally att the Barr with Mr Hugh and Mr David Dalrymple Mr John Meinzes Mr Walter Pringle Mr David Cuninghame Mr Francis Grant Mr James Hamiltoun John Stewart and Mr William Houstoun his Advocates The Lyble Being Read and Mr Hugh Dalrymple Having in Sir Roberts name acknowledge That Sir Robert did Give in to his Majestie a paper In the Lyke Termes lybelled, Declared That Sir Robert would make no Defence But Submitt himself to ther Lordships sentence, Begging pardon and of the Lords of his majesties Thesaury and Lords of Exchequer for his offence Given by That paper Seing he hade no Thought or Intention therby To Reflect or putt any Disrespect upon the Lords of his Majesties Thesuary But now perceaving That what he hade said therein hes given offence to their Lordships He Declares Sir Robert is heartily sorry for it And Beggs pardon of the Lords Commissioners of his Majesties Thesaury and the Lords of Exchequer who have been offended by it. And Sir Robert Dickson Declared That he owned and adhered to what his Advocate hade said in his name. The saids Lords of his Majesties privy Councill Having Considered The Lyble and what Mr Hugh Dalrymple hes Declared and Sir Robert Adhered to They having Removed the parties and shutt the Doors and having spoke of the Bussiness amongst themselves and appointed The Lord Chancelor To putt some Questions To Sir Robert upon the Lyble They Decerne and ordain The said Sir Robert Dickson of Sorn-begg To sitt Down upon his Knee and acknowledge that he hade given in To his Majesty a paper or memoriall of the Lyke nature with the paper Insert In the Lyble and That The paper was ane Error and fault and that ther was no Ground for it. And To Declare That he is sorry for doing of it. And that he disownes disapproves and Retracts the paper Given In By him To the Kings majestie and upon his knee To Crave pardon for the offence done by giving in The paper. And the Doors Being again cast open and Sir Robert Dickson called in and Coming within the Barr to the foot of the Table, The Lord Chancelor having asked him if he did acknowledge the Giving in of that memorial To his Majestie, he answered That he did and the Lord Chancelor having asked if he did now Disown Disapprove and retract the said memorial and if he was sorry for his having presented it. Sir Robert answered That he did And That he was heartily sorry, And having Kneeled upon his Knee and acknowledged in face of Councill and Declared and Craved pardon in the termes abovewritten, The Lord Chancelor Told him That Albeit The offence he hade Done was by Law severely punishable yet seing he hade so freely acknouledged and humblie Cast himself upon the favour and Clemency of his Majesties privy Councill Their Lordships hade Condescended To Deal favourablie with him and To accept of his humble Acknowledgement and Sute for pardon And The saids Lords of his Majesties Privy Councill have assolzied and heirby assolzies The said Sir Robert Dickson Defender from the points and articles of the Lyble raised against him and Declares him quite thereof and free therefrom In all Tyme Coming And have Declared and heirby Declared the said Defender to be free and at Liberty from the Councill Barr without Returning to prison again.

1. NRS, PC1/51, 348-53.

2. Doubtful reading

1. NRS, PC1/51, 348-53.

2. Doubtful reading

Warrant, 1 February 1698, Edinburgh

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Att Edinburgh The First Day of February Jaj vjc nynty Eight years

A1698/2/21

Warrant

Warrant for Reduceing Colonell Maitlands Regiment To 46 Centinells In Each Company

The Lord High Chancelor having acquainted the Councill That […] Major to Colonell Maitlands Regiment of foot hade waited upon the Lords of his Majesties Thesaury This forenoon to have orders for Reduceing of Collonel Maitlands Regiment conform to the Scots Establishment, The Lords of his Majesties privy Councill Doe heirby Recommend To the Lord Carmichaell Commander in Chief of his majesties forces within this Kingdom for the tyme, To give orders and warrant To the said Collonell Maitland and the other officers of his Regiment To Reduce Every Company in his said Regiment To the number of fourty Centinels to Each Company Conform to the tenor of the said Scots Establishment.

Att Edinburgh The First Day of February Jaj vjc nynty Eight years

A1698/2/21

Warrant

Warrant for Reduceing Colonell Maitlands Regiment To 46 Centinells In Each Company

The Lord High Chancelor having acquainted the Councill That […] Major to Colonell Maitlands Regiment of foot hade waited upon the Lords of his Majesties Thesaury This forenoon to have orders for Reduceing of Collonel Maitlands Regiment conform to the Scots Establishment, The Lords of his Majesties privy Councill Doe heirby Recommend To the Lord Carmichaell Commander in Chief of his majesties forces within this Kingdom for the tyme, To give orders and warrant To the said Collonell Maitland and the other officers of his Regiment To Reduce Every Company in his said Regiment To the number of fourty Centinels to Each Company Conform to the tenor of the said Scots Establishment.

1. NRS, PC1/51, 348.

1. NRS, PC1/51, 348.

Sederunt, 1 February 1698, Edinburgh

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Att Edinburgh The First Day of February Jaj vjc nynty Eight years1

A1698/2/12

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Marquis of Tweddale; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbat; Lord Montgomry; Lord Raith; Lord Forbess; Lord Carmichaell; Lord Ruthven; Lord Advocate; Lord Philiphaugh; Lord Halcraig; Lord Fountainhall; Lord Anstruther; Lord Rankillor; Laird of Grant; Laird of Pollock; Laird of Cessnock; Provost of Edinburgh; Laird of Kelburne

Att Edinburgh The First Day of February Jaj vjc nynty Eight years1

A1698/2/12

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Marquis of Tweddale; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbat; Lord Montgomry; Lord Raith; Lord Forbess; Lord Carmichaell; Lord Ruthven; Lord Advocate; Lord Philiphaugh; Lord Halcraig; Lord Fountainhall; Lord Anstruther; Lord Rankillor; Laird of Grant; Laird of Pollock; Laird of Cessnock; Provost of Edinburgh; Laird of Kelburne

1. NRS, PC1/51, 348.

2. NRS, PC1/51, 348.

1. NRS, PC1/51, 348.

2. NRS, PC1/51, 348.