Tag Archives: 24 June 1697

Act, 24 June 1697, Edinburgh

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Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/211

Act

Act Stewart of Burrey

Anent the petitione given in to the Lords of his majesties privy Counsell be Sir Archibald Stewart of Burrey Against Mr Alexander Pitcardine Late Deane of Orkney Shewing that wher the said Alexander Pitcardin haveing Sumond the said Sir Archibald to appear befor ther Lordships from Orkney upon a most callwminows lybell and now efter the great travell and expenses he hath putt the petitioner to and the wittnesses abovenamed passes from his lybell upon a most growndles pretext that these whom he intyced to concurr with him have passed from what he instigat them to Lay to the petitioners charge tho nothing of his concerne The petitioner most humblie layes befor ther Lordships primo That if the alleadgeances he was pleased to make in his petitione excuseing his passing from his lybell wherin in effect he most callwmniowselie repeatts his whole lybell have the Least weight the petitioners answers are and were in the clerks hand wherby these his groundles callwmnies are qwite taken of And because it seemes absurd that he should pass from his lybell and yet repeat the Same in ane other maner And that the petitioner was perswaded that wher a lybell was past frae ther Lordships would regaird nothing lybelled The petitioner did not then wrge his own vindicatione which yet because of his insisting in his callwmnies may be necessarie Therfore he againe humbly craves that his said answers may be read if ther Lordships doe in the least Judge it neidfull Secundo That whatever inconveniencie his own folly hath brought him to upon the proces against him at the instance of his majesties advocat As to which the advocat will beare the petitioner witness that he was noe instigator of it yet it is still most Jwst and reasoneable that he be ordained to pay the petitioners expensses for which he hes raised his reconvention which hath bein read befor ther Lordships And in the consideratione reserved And Tertio that any warrand that the Said Mr Pitcairne obtained from two of the persewers that concurr with him was trwelie procured from them efter he had maliciouselie raised the Sumonds against the petitioner the said Sir Archibald without ther previows warrand and is (if any such be) plainlie a bare memorandum that can never be obtruded to excuse the expensses trouble and vexatione that he hath pwtt the petitioner to Qwuarto The only point of any consideratione of relevancie charged upon the petitioner is a pretended injurie Done to Hwgh Goodsir who never gave any warrand for such a complaint nor did he any wayes concurr with Mr Pitcairne But on the contrarie disclames the mater of fact alleadged in the lybell as false and callumows And Last wheras it is alleadged that the petitioner have transacted with thrie of the complainers and taken them off It is also most injurows for the petitioner does protest and declare that he never gave nor promised to any of them one farthing of money or good deed But one of these pretended persewers haveing never given any concurse or consent And the other two being Drawen to it by Mr Pitcairnes insinwatione And all thrie haveing past from the lybell friely of ther own accord it was Laufull for the petitioner to accept the Same as a furder evidence to ther Lordships of the Complainers malice and his innocencie as to what he wnjustlie charges upon him And therfor Humbly craveing ther Lordships in consideratione of the premisses to modifie and decerne his damnadge and expensses As the said petitione at more length bears The Lords of his majesties privie Counsell haveing this day considered the said bill They have modified and heirby modifies the Soume of Five Hundereth merks to be payed be the above Mr Alexander Pircairne and John and David Fleets merchands in Southronaldsey persewers in the lybell raised befor the Counsell against the said Sir Archibald and decerns and ordaines the saids thrie persones conjunctllie and severallie to make payment to the said Sir Archibald of the same in respect the said Mr Alexander hes eased a lybell in his own and the other two persones ther names befor the Counsell against the said Sir Archibald wherin they have not insisted but the said Mr Alexander hes past from the same efter they have brought the said Sir Archibald frae Orkney to this place And decerns each of the saids thrie persones to releive others of ther eqwall Shares of the said soume of Five hundereth merks decerned for And ordaines Letters of horneing on fiftein dayes and others neidfull may pass heirupon in forme as effeirs

Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/211

Act

Act Stewart of Burrey

Anent the petitione given in to the Lords of his majesties privy Counsell be Sir Archibald Stewart of Burrey Against Mr Alexander Pitcardine Late Deane of Orkney Shewing that wher the said Alexander Pitcardin haveing Sumond the said Sir Archibald to appear befor ther Lordships from Orkney upon a most callwminows lybell and now efter the great travell and expenses he hath putt the petitioner to and the wittnesses abovenamed passes from his lybell upon a most growndles pretext that these whom he intyced to concurr with him have passed from what he instigat them to Lay to the petitioners charge tho nothing of his concerne The petitioner most humblie layes befor ther Lordships primo That if the alleadgeances he was pleased to make in his petitione excuseing his passing from his lybell wherin in effect he most callwmniowselie repeatts his whole lybell have the Least weight the petitioners answers are and were in the clerks hand wherby these his groundles callwmnies are qwite taken of And because it seemes absurd that he should pass from his lybell and yet repeat the Same in ane other maner And that the petitioner was perswaded that wher a lybell was past frae ther Lordships would regaird nothing lybelled The petitioner did not then wrge his own vindicatione which yet because of his insisting in his callwmnies may be necessarie Therfore he againe humbly craves that his said answers may be read if ther Lordships doe in the least Judge it neidfull Secundo That whatever inconveniencie his own folly hath brought him to upon the proces against him at the instance of his majesties advocat As to which the advocat will beare the petitioner witness that he was noe instigator of it yet it is still most Jwst and reasoneable that he be ordained to pay the petitioners expensses for which he hes raised his reconvention which hath bein read befor ther Lordships And in the consideratione reserved And Tertio that any warrand that the Said Mr Pitcairne obtained from two of the persewers that concurr with him was trwelie procured from them efter he had maliciouselie raised the Sumonds against the petitioner the said Sir Archibald without ther previows warrand and is (if any such be) plainlie a bare memorandum that can never be obtruded to excuse the expensses trouble and vexatione that he hath pwtt the petitioner to Qwuarto The only point of any consideratione of relevancie charged upon the petitioner is a pretended injurie Done to Hwgh Goodsir who never gave any warrand for such a complaint nor did he any wayes concurr with Mr Pitcairne But on the contrarie disclames the mater of fact alleadged in the lybell as false and callumows And Last wheras it is alleadged that the petitioner have transacted with thrie of the complainers and taken them off It is also most injurows for the petitioner does protest and declare that he never gave nor promised to any of them one farthing of money or good deed But one of these pretended persewers haveing never given any concurse or consent And the other two being Drawen to it by Mr Pitcairnes insinwatione And all thrie haveing past from the lybell friely of ther own accord it was Laufull for the petitioner to accept the Same as a furder evidence to ther Lordships of the Complainers malice and his innocencie as to what he wnjustlie charges upon him And therfor Humbly craveing ther Lordships in consideratione of the premisses to modifie and decerne his damnadge and expensses As the said petitione at more length bears The Lords of his majesties privie Counsell haveing this day considered the said bill They have modified and heirby modifies the Soume of Five Hundereth merks to be payed be the above Mr Alexander Pircairne and John and David Fleets merchands in Southronaldsey persewers in the lybell raised befor the Counsell against the said Sir Archibald and decerns and ordaines the saids thrie persones conjunctllie and severallie to make payment to the said Sir Archibald of the same in respect the said Mr Alexander hes eased a lybell in his own and the other two persones ther names befor the Counsell against the said Sir Archibald wherin they have not insisted but the said Mr Alexander hes past from the same efter they have brought the said Sir Archibald frae Orkney to this place And decerns each of the saids thrie persones to releive others of ther eqwall Shares of the said soume of Five hundereth merks decerned for And ordaines Letters of horneing on fiftein dayes and others neidfull may pass heirupon in forme as effeirs

1. NRS, PC2/26, 370v-372r.

1. NRS, PC2/26, 370v-372r.

Judicial Proceeding, 24 June 1697, Edinburgh

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Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/201

Judicial Proceeding

Remit William Mcaw Against Hamiltowne

Anent our Soveraigne Lords Letters of Suspensione purchased and raised befor The Lords of privie Counsell at the instance of Robert Hamiltowne in Maybole Suspender Against William Mccaw Late tennent in Troqwhen charger Makeing mentione That wher the said William Mccaw charger with concurse of Sir James Stewart his majesties Advocat haveing efter his rpetended maner caused call and conveen the now deceast Mr Alexander Stevensone wryter to our Signet Some tyme factor to The Countess dowager of Cassills to whom the said William Mccaw was tennent and George Andersone merchand in Air substitut Chamberland by the said Mr Alexander Stevenson befor the Lords of our privie Counsell anent the heareing and Seing of them decerned not only to make payment to the said William Mccaw of the Soume thrie Thowsand four Hundereth and fifty nyn punds four ten Shilling Scotts money as the priec of certain goods alleadged wrongouselie intrometted with and away taken by the saids Mr Alexander Stevensone and George Andersone from the said persewar William Mccaw Dureing the tyme they were Chamberlands to the said Countess Dowager of Cassills But also to hear and Sie them decerned to make payment to the Said William Mccaw of Such a Soume of money As our saids Lords Should please modifie and pwnished in ther persones and goods etc In the which Sumonds the said Robert Hamiltowne Complainer is also conveined as alleadged Succeeding in the vice of the said deceast Mr Alexander Stevensone and upon that head to make compt reckning and payment to the said William Mccaw of what goods and geir were left by the said Mr Alexander upon the grownd the tyme of the Said Complainers entrie to be Chamberland to the said deceast Countess Dowager of Cassills in maner at more Lenth mentioned in the lybelled Sumonds raised at his instance against the Said Complainer befor our Saids Lords of privie Counsell theranent which actione haveing bein called befor our Saids Lords and no compeareance being made for the said Robert Hamiltowne Complainer our saids Lords did grant certificatione against him wherupon the said William Mccaw hes raised our Letters of Denunceatione therupon hes caused denunce the said Complainer to the horne for his pretended contumacie and disobedience most wrongowslie and unjustlie Considering It is of Veritie that imediatly upon the said Complainers receaveing of the foirsaid citatione to compeare befor our saids Lords he caused ane procurator most prunctuallie attend the dyets to which he was cited The Said Complainer himself being nowise in a conditione to travell by reasone of indispositione of bodie which he was then to have instructed by testificats beyond exception And his said procurator haveing attended all the dyets of Sederwnt for the Space of eight or ten dayes which is very well knowen to the clerks And not the Least motione being made in that affair dureing that Space And the said Complainers procurators verie well knowing the dyets and citationes befor our saids Lords of privie Counsell to be peremptor and knowing that the said Mr Alexander Stevensone who was the persone aimed at in that proces was then dead did verie reasonablie Judge the dyets to be deserted And thinking the said Complainer could Sustaine noe furder trouble untill he were of new alled or cited he gave over any furder attendance And yet notwithstanding of all this contrarie to the ordinarie and knowen forme observed before our Saids Lords The Said William Mccaw by his importwnitie did impetrat the foirsaid certificatione And therupon hes raised the foirsaid Letters of denunceatione And out of meer malice and groundles prejudice hes denunced the said Complainer our rebell and which may appear to our saids Lords by ane exact double of the saids Letters of denunceatione Showen to our saids Lords hes testified wherin ther is neither any thing in the lybell nor in the conclusione which could give any ground to any Such Counsell proces And therfore the saids Letters ought not only to be Simpliciter Suspended and the Said Complainer relaxed frae the horne But alse he owght to be repaired of the damnadges he hes Sustained by the Said William Mccaw his wnjust and maliciows procedure etc Allwayes for the more obedience the said Complainer is instantlie content to find Sufficient Cautione acted in the books of our privie Counsell to ansuer to the foirsaid lybell at any time ther Lordships Shall appoint And also for payment of the twentie merks for his escheat goods to the Lords of our Thesaurie in caise it shall be found by our saids Lords that he owght to doe the Smane efter discussing heirof And anent the charge given to the said charger to have compeared befor the saids Lords of privie Counsell at ane certaine day bygone bringing with him the foirsaids Letters and chargers grownds and warrands wherupon the Samen proceeded to be Sein and considered by the Saids Lords And to hear and Sie the Samen haill effect and executione therof Suspended upon the said charger in tyme comeing As the said Suspensione at more Lenth bears Which Suspensione being this day called in presence of the Saids Lords of his majesties privy Counsell And the said Robert Hamilton Suspender being absent Compeared Mr David Cwningham as Advocat for him prodwced a testificat wnder the hands of the minister and baillies of Maybole upon Soule and conscience beareing that the Suspender is Sixtie Six yeirs old and through infirmitie of age and weaknes of body he is not able to travell And the said William Mccaw charger Compeareing personallie with Sir Patrick Home his majesties Sollicitor his advocat The Lords of his majesties privie Counsell and excwses the absence of the Said Suspender in respect of the testificat prodwced And decerns and ordaines the said Robert Hamiltowne Suspender to make payment to the said William Mccaw charger of the Sowme of Ane hundereth merks Scotts And have reponed and heirby repones the said Suspender against the certificatione given and pronunced against him and remitts to the Shirreff principall of the Shyre of Air and his deputs to consider the lybell and to decyde and determine therin as to the Suspender only as they Shall find Just or to the baillie of the bailliarie of Carrick or his deputs to doe the Same within which Jurisdictiones the Suspender Lives and resides and ordaines Letters on fiftein dayes and others neidfull to be direct heiron as effeirs

Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/201

Judicial Proceeding

Remit William Mcaw Against Hamiltowne

Anent our Soveraigne Lords Letters of Suspensione purchased and raised befor The Lords of privie Counsell at the instance of Robert Hamiltowne in Maybole Suspender Against William Mccaw Late tennent in Troqwhen charger Makeing mentione That wher the said William Mccaw charger with concurse of Sir James Stewart his majesties Advocat haveing efter his rpetended maner caused call and conveen the now deceast Mr Alexander Stevensone wryter to our Signet Some tyme factor to The Countess dowager of Cassills to whom the said William Mccaw was tennent and George Andersone merchand in Air substitut Chamberland by the said Mr Alexander Stevenson befor the Lords of our privie Counsell anent the heareing and Seing of them decerned not only to make payment to the said William Mccaw of the Soume thrie Thowsand four Hundereth and fifty nyn punds four ten Shilling Scotts money as the priec of certain goods alleadged wrongouselie intrometted with and away taken by the saids Mr Alexander Stevensone and George Andersone from the said persewar William Mccaw Dureing the tyme they were Chamberlands to the said Countess Dowager of Cassills But also to hear and Sie them decerned to make payment to the Said William Mccaw of Such a Soume of money As our saids Lords Should please modifie and pwnished in ther persones and goods etc In the which Sumonds the said Robert Hamiltowne Complainer is also conveined as alleadged Succeeding in the vice of the said deceast Mr Alexander Stevensone and upon that head to make compt reckning and payment to the said William Mccaw of what goods and geir were left by the said Mr Alexander upon the grownd the tyme of the Said Complainers entrie to be Chamberland to the said deceast Countess Dowager of Cassills in maner at more Lenth mentioned in the lybelled Sumonds raised at his instance against the Said Complainer befor our Saids Lords of privie Counsell theranent which actione haveing bein called befor our Saids Lords and no compeareance being made for the said Robert Hamiltowne Complainer our saids Lords did grant certificatione against him wherupon the said William Mccaw hes raised our Letters of Denunceatione therupon hes caused denunce the said Complainer to the horne for his pretended contumacie and disobedience most wrongowslie and unjustlie Considering It is of Veritie that imediatly upon the said Complainers receaveing of the foirsaid citatione to compeare befor our saids Lords he caused ane procurator most prunctuallie attend the dyets to which he was cited The Said Complainer himself being nowise in a conditione to travell by reasone of indispositione of bodie which he was then to have instructed by testificats beyond exception And his said procurator haveing attended all the dyets of Sederwnt for the Space of eight or ten dayes which is very well knowen to the clerks And not the Least motione being made in that affair dureing that Space And the said Complainers procurators verie well knowing the dyets and citationes befor our saids Lords of privie Counsell to be peremptor and knowing that the said Mr Alexander Stevensone who was the persone aimed at in that proces was then dead did verie reasonablie Judge the dyets to be deserted And thinking the said Complainer could Sustaine noe furder trouble untill he were of new alled or cited he gave over any furder attendance And yet notwithstanding of all this contrarie to the ordinarie and knowen forme observed before our Saids Lords The Said William Mccaw by his importwnitie did impetrat the foirsaid certificatione And therupon hes raised the foirsaid Letters of denunceatione And out of meer malice and groundles prejudice hes denunced the said Complainer our rebell and which may appear to our saids Lords by ane exact double of the saids Letters of denunceatione Showen to our saids Lords hes testified wherin ther is neither any thing in the lybell nor in the conclusione which could give any ground to any Such Counsell proces And therfore the saids Letters ought not only to be Simpliciter Suspended and the Said Complainer relaxed frae the horne But alse he owght to be repaired of the damnadges he hes Sustained by the Said William Mccaw his wnjust and maliciows procedure etc Allwayes for the more obedience the said Complainer is instantlie content to find Sufficient Cautione acted in the books of our privie Counsell to ansuer to the foirsaid lybell at any time ther Lordships Shall appoint And also for payment of the twentie merks for his escheat goods to the Lords of our Thesaurie in caise it shall be found by our saids Lords that he owght to doe the Smane efter discussing heirof And anent the charge given to the said charger to have compeared befor the saids Lords of privie Counsell at ane certaine day bygone bringing with him the foirsaids Letters and chargers grownds and warrands wherupon the Samen proceeded to be Sein and considered by the Saids Lords And to hear and Sie the Samen haill effect and executione therof Suspended upon the said charger in tyme comeing As the said Suspensione at more Lenth bears Which Suspensione being this day called in presence of the Saids Lords of his majesties privy Counsell And the said Robert Hamilton Suspender being absent Compeared Mr David Cwningham as Advocat for him prodwced a testificat wnder the hands of the minister and baillies of Maybole upon Soule and conscience beareing that the Suspender is Sixtie Six yeirs old and through infirmitie of age and weaknes of body he is not able to travell And the said William Mccaw charger Compeareing personallie with Sir Patrick Home his majesties Sollicitor his advocat The Lords of his majesties privie Counsell and excwses the absence of the Said Suspender in respect of the testificat prodwced And decerns and ordaines the said Robert Hamiltowne Suspender to make payment to the said William Mccaw charger of the Sowme of Ane hundereth merks Scotts And have reponed and heirby repones the said Suspender against the certificatione given and pronunced against him and remitts to the Shirreff principall of the Shyre of Air and his deputs to consider the lybell and to decyde and determine therin as to the Suspender only as they Shall find Just or to the baillie of the bailliarie of Carrick or his deputs to doe the Same within which Jurisdictiones the Suspender Lives and resides and ordaines Letters on fiftein dayes and others neidfull to be direct heiron as effeirs

1. NRS, PC2/26, 368v-370v.

1. NRS, PC2/26, 368v-370v.

Decreet, 24 June 1697, Edinburgh

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Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/191

Decreet

Decreit Mr John Gray Against Murdoch

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Cownsell at the instance of Mr John Gray wryter in Edinburgh and Margaret Hamiltowne his Spouse with concurse of Sir James Stewart his majesties advocat in the mater wnder written Makeing mentione that albeit by the wncontraverted Lawes and practise of this and all other well governed nationes the invadeing beatting and abwseing of any persone especiallie by way of Hamswcken within ther own dwelling houses which by the Law of all nationes owght to be a secure sanctwarie to them As also wher the same is done and comited without any previows Jwst provocatione be crymes of ane high nature and severelie pwnishable Nevertheles It is of veritie that Robert Murdoch wryter in Edinburgh Shakeing off all fear of God and respect to our authoritie and Standing Lawes of the Kingdome haveing conceaved ane deadly and unplacable malice and prejudice against the Saids Complainers without any Jwst and previows grownd But finding that the said Mr John Gray Complainer was causeing stryke owt a window in the wall of his own house for his own conveniencie He did upon a most wnjwst and growndles representatione to the dean of gild of Edinburgh procure a warrand dischargeing the workmen from any furder procedour untill the dean of gild himself Should take cognitione of the Said affaire And he haveing accordinglie taken cognitione therof and finding that the Strykeing out of the said window was no prejudice to the Said Robert Murdoch or any other persone He did allow and ordaine the workmen to return to ther work as formerlie And they haveing accordingly returned by the dean of gilds speciall warrand and being working at the said window within the house of the said Mr John Gray upon the twentie eight day of May Last bypast the Said Robert Murdoch became therat soe inraged that betuixt thrie and four of the efternoon of the said day he came to the said house and haveing entered the Same in a most mad and furiows maner with ane great Staff or batton in his hand he therwith offered with great violence to attack the workmen Swearing with ane execrable oath that he Should render them wnable to work any more therefter And the Said Mr John Gray and Margaret Hamiltowne and Geills Dowglas his mother in Law haveing endeavoured to keep the said Robert Murdoch from doeing any furder mischeiff or prejudice to the said workmen he was soe far from being perswaded by ther civill intreaties that he fell upon the said Mr John Gray who was only Standing with his nightgowne in his slippers oversieing the workmen and gave the said Complainer severall Stroaks over the head and Shoulders with the said great batton And when the said Margaret Hamiltowne came in to assist the rescweing her husband owt of his crwell hands albeit her velly was then verie bigg She being within two moneths of her tyme the said Robert Murdoch was soe crwell and wnnaturall that he gave her severall Stroaks with his foot on the belly and severall Stroaks with his batton on the armes and other places of her body untill She was not able to Stand any Longer on the floor and efter the said Margaret Hamiltoune was rescwed out of his hands and that the work man had taken the said Staff or batton from him he did againe fall upon the said Mr John Gray Complainer and pulled him by the gravat of purpose to have Strangled him And which apparentlie he would have Done if the gravat had not broken And therefter he continwed Strykeing and beatting him with his hand upon the face untill the workmen and others present rescwed him out his crwell hands by Doeing wherof the said Robert Murdoch is gwiltie of ane open and manifest ryot violence and oppressione And ought be pwnished in his persone and goods to the example and terror of others to Comit the lyke in tyme comeing And Anent the charge given to the said defender to have Compeared personally befoir the saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds 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 principall lybell or Letters of Complaint with the executiones therof in itself more fully proports which lybell or Letters of complaint being upon the eightein day of Jwne instant called in presence of the saids Lords with a reconventione at the defenders instance against the persewars and others And the said Mr John Gray compearing with2 Sir David Thores Mr Charles Gray and James Stewart his advocats and the Said Robert Murdoch defender Compeareing with Mr Thomas Skeen and Mr William Calderwood his advocats And the defenders in the reconventione compeareing all personallie except the said Mr John Grayes wife with the persewars advocats as advocats for them both lybells with answers made to the principall lybell being read And both pairties Lawiers being fullie heard And the saids Lords haveing considered both lybells with the answers made to the principall lybell they admitted both lybells to the pairties ther probatione and the wittnesses being present haveing made faith at the barr except Andrew Ballberage Sklaiter and John Mclane ane of the towne gwairds The Saids Lords granted furder dilligence by Caption against the saids two absent wittnesses and appointed a Comittie for examineing the wittnesses and reserved all objectiones which might be made against the saids wittnesses to be discust befor the said Comitie And in the first place recomended to the said Comitie to examine the wittnesses upon the reconventione against William Smith and George Thorntowne Servitor to John Jamesone in respect tho they were cited as pairties in the reconventione yet they were cited as wittnesses in the principall lybell And if it Should appeare by the wittnesses examined in the reconventione that the saids two persones were frie of the ryot in the reconventione lybelled and not Socii criminis The saids Lords recomended to the Comittie to make ther report therof to the Counsell befoire they examined them as wittnesses in the persewers lybell The which Comitie haveing mett and examined diverse and Sundrie famows witnesses in the said mater They deponed and declared As ther oathes and depositiones extant in process bears And the Said lybell or Letters of Complaint being this day advised by the Saids Lords of his majesties privie Counsell And they haveing considered the depositiones of the wittnesses taken both upon the principall Lybell And the lybell of reconventione The Counsell finds nothing proven of the reconventione And therfoir assoillzes therfrae And finds the points and articles of the principall lybell proven in soe far as concernes Mr John Gray himself And therfor the saids Lords fynes the defender in the Sowme of Two Hundereth merks Scotts And decernes and ordaines the said Robert Murdoch defender to make payment to the said Mr John Gray persewer of the said Sowme of Two Hundereth merks money foirsaid And ordaines Letters of horneing on fiftein dayes and others neidfull to be direct under the Signet of Counsell upon the premisses in forme as effeirs

Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/191

Decreet

Decreit Mr John Gray Against Murdoch

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Cownsell at the instance of Mr John Gray wryter in Edinburgh and Margaret Hamiltowne his Spouse with concurse of Sir James Stewart his majesties advocat in the mater wnder written Makeing mentione that albeit by the wncontraverted Lawes and practise of this and all other well governed nationes the invadeing beatting and abwseing of any persone especiallie by way of Hamswcken within ther own dwelling houses which by the Law of all nationes owght to be a secure sanctwarie to them As also wher the same is done and comited without any previows Jwst provocatione be crymes of ane high nature and severelie pwnishable Nevertheles It is of veritie that Robert Murdoch wryter in Edinburgh Shakeing off all fear of God and respect to our authoritie and Standing Lawes of the Kingdome haveing conceaved ane deadly and unplacable malice and prejudice against the Saids Complainers without any Jwst and previows grownd But finding that the said Mr John Gray Complainer was causeing stryke owt a window in the wall of his own house for his own conveniencie He did upon a most wnjwst and growndles representatione to the dean of gild of Edinburgh procure a warrand dischargeing the workmen from any furder procedour untill the dean of gild himself Should take cognitione of the Said affaire And he haveing accordinglie taken cognitione therof and finding that the Strykeing out of the said window was no prejudice to the Said Robert Murdoch or any other persone He did allow and ordaine the workmen to return to ther work as formerlie And they haveing accordingly returned by the dean of gilds speciall warrand and being working at the said window within the house of the said Mr John Gray upon the twentie eight day of May Last bypast the Said Robert Murdoch became therat soe inraged that betuixt thrie and four of the efternoon of the said day he came to the said house and haveing entered the Same in a most mad and furiows maner with ane great Staff or batton in his hand he therwith offered with great violence to attack the workmen Swearing with ane execrable oath that he Should render them wnable to work any more therefter And the Said Mr John Gray and Margaret Hamiltowne and Geills Dowglas his mother in Law haveing endeavoured to keep the said Robert Murdoch from doeing any furder mischeiff or prejudice to the said workmen he was soe far from being perswaded by ther civill intreaties that he fell upon the said Mr John Gray who was only Standing with his nightgowne in his slippers oversieing the workmen and gave the said Complainer severall Stroaks over the head and Shoulders with the said great batton And when the said Margaret Hamiltowne came in to assist the rescweing her husband owt of his crwell hands albeit her velly was then verie bigg She being within two moneths of her tyme the said Robert Murdoch was soe crwell and wnnaturall that he gave her severall Stroaks with his foot on the belly and severall Stroaks with his batton on the armes and other places of her body untill She was not able to Stand any Longer on the floor and efter the said Margaret Hamiltoune was rescwed out of his hands and that the work man had taken the said Staff or batton from him he did againe fall upon the said Mr John Gray Complainer and pulled him by the gravat of purpose to have Strangled him And which apparentlie he would have Done if the gravat had not broken And therefter he continwed Strykeing and beatting him with his hand upon the face untill the workmen and others present rescwed him out his crwell hands by Doeing wherof the said Robert Murdoch is gwiltie of ane open and manifest ryot violence and oppressione And ought be pwnished in his persone and goods to the example and terror of others to Comit the lyke in tyme comeing And Anent the charge given to the said defender to have Compeared personally befoir the saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds 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 principall lybell or Letters of Complaint with the executiones therof in itself more fully proports which lybell or Letters of complaint being upon the eightein day of Jwne instant called in presence of the saids Lords with a reconventione at the defenders instance against the persewars and others And the said Mr John Gray compearing with2 Sir David Thores Mr Charles Gray and James Stewart his advocats and the Said Robert Murdoch defender Compeareing with Mr Thomas Skeen and Mr William Calderwood his advocats And the defenders in the reconventione compeareing all personallie except the said Mr John Grayes wife with the persewars advocats as advocats for them both lybells with answers made to the principall lybell being read And both pairties Lawiers being fullie heard And the saids Lords haveing considered both lybells with the answers made to the principall lybell they admitted both lybells to the pairties ther probatione and the wittnesses being present haveing made faith at the barr except Andrew Ballberage Sklaiter and John Mclane ane of the towne gwairds The Saids Lords granted furder dilligence by Caption against the saids two absent wittnesses and appointed a Comittie for examineing the wittnesses and reserved all objectiones which might be made against the saids wittnesses to be discust befor the said Comitie And in the first place recomended to the said Comitie to examine the wittnesses upon the reconventione against William Smith and George Thorntowne Servitor to John Jamesone in respect tho they were cited as pairties in the reconventione yet they were cited as wittnesses in the principall lybell And if it Should appeare by the wittnesses examined in the reconventione that the saids two persones were frie of the ryot in the reconventione lybelled and not Socii criminis The saids Lords recomended to the Comittie to make ther report therof to the Counsell befoire they examined them as wittnesses in the persewers lybell The which Comitie haveing mett and examined diverse and Sundrie famows witnesses in the said mater They deponed and declared As ther oathes and depositiones extant in process bears And the Said lybell or Letters of Complaint being this day advised by the Saids Lords of his majesties privie Counsell And they haveing considered the depositiones of the wittnesses taken both upon the principall Lybell And the lybell of reconventione The Counsell finds nothing proven of the reconventione And therfoir assoillzes therfrae And finds the points and articles of the principall lybell proven in soe far as concernes Mr John Gray himself And therfor the saids Lords fynes the defender in the Sowme of Two Hundereth merks Scotts And decernes and ordaines the said Robert Murdoch defender to make payment to the said Mr John Gray persewer of the said Sowme of Two Hundereth merks money foirsaid And ordaines Letters of horneing on fiftein dayes and others neidfull to be direct under the Signet of Counsell upon the premisses in forme as effeirs

1. NRS, PC2/26, 366r-368v.

2. The phrase ‘Mr Thomas Skeen’ scored out here.

1. NRS, PC2/26, 366r-368v.

2. The phrase ‘Mr Thomas Skeen’ scored out here.

Sederunt, 24 June 1697, Edinburgh

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Sederunt

Lord Chancellour; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbatt; Lord Belhaven; Lord Ruthven; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs1

D1697/6/182

Sederunt

Lord Chancellour; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbatt; Lord Belhaven; Lord Ruthven; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 366r.

2. NRS, PC2/26, 366r.

1. NRS, PC2/26, 366r.

2. NRS, PC2/26, 366r.

Letter: to the Council, 24 June 1697, Edinburgh

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A1697/6/251

Letter: to the Council

Letter from the Lords Justices of Ireland

The Follouing Letter from the justices of Ireland To the Lords of his Majesties privie Councill Being read uas ordered to be recorded And a Committiee was appointed to draw ane ansuer therto And speciallie to that part therof Anent pacquet Boatts Folloues the tenor of the Letter
Our very Good Lords Dublin Castle 5th June 1697
It having bin enjoyned us by his Majestie That ue should Have taken upon us the Government of this his Kingdome We should Correspond uith your Lordshipps And In order therunto to Establish a pacquet Boat betueen these Kingdomes If we should find it necessary for his Majesties service And Lykeuayes Give order from tyme to tyme for seizing such Rebells and fugitives out of that Kingdome whose names your Lordships should transmitt to us And for sending them in safe Custody into that Kingdome That they may be proceeded against according to Law and Justice We think It Incumbent on us to Give your Lordships advyce of our arryvall her And to Assure yow we shall be ready on all occasions to take such measures with your Lordships as shall be necessary for his majesties service and Conducing to the Good and quiet of both Kingdoms We are Our very Good Lords your Lordships most humble servants sic subscribitur Winchester Galluay Directed thus To The Right honourable The Lords of the privy Councill of the Kingdome of Scotland.

Att Edinburgh the Tuenty fourth day of June Jaj vic nyntie seven years

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Letter: to the Council

Letter from the Lords Justices of Ireland

The Follouing Letter from the justices of Ireland To the Lords of his Majesties privie Councill Being read uas ordered to be recorded And a Committiee was appointed to draw ane ansuer therto And speciallie to that part therof Anent pacquet Boatts Folloues the tenor of the Letter
Our very Good Lords Dublin Castle 5th June 1697
It having bin enjoyned us by his Majestie That ue should Have taken upon us the Government of this his Kingdome We should Correspond uith your Lordshipps And In order therunto to Establish a pacquet Boat betueen these Kingdomes If we should find it necessary for his Majesties service And Lykeuayes Give order from tyme to tyme for seizing such Rebells and fugitives out of that Kingdome whose names your Lordships should transmitt to us And for sending them in safe Custody into that Kingdome That they may be proceeded against according to Law and Justice We think It Incumbent on us to Give your Lordships advyce of our arryvall her And to Assure yow we shall be ready on all occasions to take such measures with your Lordships as shall be necessary for his majesties service and Conducing to the Good and quiet of both Kingdoms We are Our very Good Lords your Lordships most humble servants sic subscribitur Winchester Galluay Directed thus To The Right honourable The Lords of the privy Councill of the Kingdome of Scotland.

1. NRS, PC1/51, 216.

1. NRS, PC1/51, 216.

Act, 24 June 1697, Edinburgh

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Act

Prorogation of Sir David Arnotts protection

The Lords of his Majesties privie Councill Doe heirby prorogat the protection granted to Sir David Arnot of that ilk For attending the dyetts of process raised before the privie Councill at the instance of Alexander Bruce Son to Earlshall Against him untill the first day of Jully nixt to Come inclusive And discharges all Macers messengers at armes or officers within burgh or Landuard to putt any Letters of Caption acts of warding or other personall Dilligence In execution against the said Sir David Arnot untill the said day Excepting aluayes his Majesties rents and publick dues sic subscribitur Marchmont cancelar Southerland Lauderdale Tarbat James Ogilvie James Steuart John Maxwell Boyle of Kelburn Patrick Murray.

Att Edinburgh the Tuenty fourth day of June Jaj vic nyntie seven years

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Act

Prorogation of Sir David Arnotts protection

The Lords of his Majesties privie Councill Doe heirby prorogat the protection granted to Sir David Arnot of that ilk For attending the dyetts of process raised before the privie Councill at the instance of Alexander Bruce Son to Earlshall Against him untill the first day of Jully nixt to Come inclusive And discharges all Macers messengers at armes or officers within burgh or Landuard to putt any Letters of Caption acts of warding or other personall Dilligence In execution against the said Sir David Arnot untill the said day Excepting aluayes his Majesties rents and publick dues sic subscribitur Marchmont cancelar Southerland Lauderdale Tarbat James Ogilvie James Steuart John Maxwell Boyle of Kelburn Patrick Murray.

1. NRS, PC1/51, 215.

1. NRS, PC1/51, 215.

Order, 24 June 1697, Edinburgh

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Order

Recomendation To the Lord Chancelor Anent Drinkers of King James his health in Nithsdale

The Lord High Chancelor Having acquainted the Lords of his Majesties privie Councill That his Lordship is Informed that ther are some disaffected persons in Nithsdale who meet in Cabballs and drink some unsuitable and unworthie healths such as the Late King James his health and our present soveraigne King William his Confusion and the Lyke The saids Lords of his Majesties privie Councill Doe heirby Recommend to the said Lord high Chancelor to Give orders for securing and Committing to prisone such persons as his Lordship shall find Ground to suspect guiltie of the saids Crymes And Recommends to Sir James Steuart his Majesties Advocat to Cause Cite before the Councill such persones as shall be given in to his Lordship in List aither as parties or as uitnesses to appear before the Councill.

Att Edinburgh the Tuenty fourth day of June Jaj vic nyntie seven years

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Order

Recomendation To the Lord Chancelor Anent Drinkers of King James his health in Nithsdale

The Lord High Chancelor Having acquainted the Lords of his Majesties privie Councill That his Lordship is Informed that ther are some disaffected persons in Nithsdale who meet in Cabballs and drink some unsuitable and unworthie healths such as the Late King James his health and our present soveraigne King William his Confusion and the Lyke The saids Lords of his Majesties privie Councill Doe heirby Recommend to the said Lord high Chancelor to Give orders for securing and Committing to prisone such persons as his Lordship shall find Ground to suspect guiltie of the saids Crymes And Recommends to Sir James Steuart his Majesties Advocat to Cause Cite before the Councill such persones as shall be given in to his Lordship in List aither as parties or as uitnesses to appear before the Councill.

1. NRS, PC1/51, 215.

1. NRS, PC1/51, 215.

Sederunt, 24 June 1697, Edinburgh

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Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Mortoun; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Beilhaven; Lord Ruthven; Lord Secretary Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Funtainhall; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Provost of Edinburgh; Laird of Kelburne; Sir Patrick Murray

Att Edinburgh the Tuenty fourth day of June Jaj vic nyntie seven years1

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Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Mortoun; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Beilhaven; Lord Ruthven; Lord Secretary Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Funtainhall; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Provost of Edinburgh; Laird of Kelburne; Sir Patrick Murray

1. NRS, PC1/51, 215.

2. NRS, PC1/51, 215.

1. NRS, PC1/51, 215.

2. NRS, PC1/51, 215.