Tag Archives: 29 January 1695

Order, 29 January 1695, Edinburgh

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Order

Recomendation To the Lord Jedburgh To releive The Lord Muray’s regiment

The Lords of his Majesties privy Councill Doe heirby Recomend to the Lord Jedburgh Comander in Cheif of his Majesties forces within this kingdome for the time To Cause releiff and remove the Earle of Murray his regiment of foot from the Cannogate and Suburbs of Edinburgh wher they have been for some time and to appoint the like number of the forces to supply ther place

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/481

Order

Recomendation To the Lord Jedburgh To releive The Lord Muray’s regiment

The Lords of his Majesties privy Councill Doe heirby Recomend to the Lord Jedburgh Comander in Cheif of his Majesties forces within this kingdome for the time To Cause releiff and remove the Earle of Murray his regiment of foot from the Cannogate and Suburbs of Edinburgh wher they have been for some time and to appoint the like number of the forces to supply ther place

1. NRS, PC2/25, 165r.

1. NRS, PC2/25, 165r.

Act, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/471

Act

Act poor Seamen

The Lords of his Majesties privy Councill having Considered a petitione given in to them be the poor Seamen who sailled aboard the Scots Frigotts under the Captains Hamilton and Brown They heirby Recomend to the Lords Commissioners of his Majesties thesaurie To Consider the petitioners Indigent case and to deall Bountifully with them In order to ther Supply and releiff.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/471

Act

Act poor Seamen

The Lords of his Majesties privy Councill having Considered a petitione given in to them be the poor Seamen who sailled aboard the Scots Frigotts under the Captains Hamilton and Brown They heirby Recomend to the Lords Commissioners of his Majesties thesaurie To Consider the petitioners Indigent case and to deall Bountifully with them In order to ther Supply and releiff.

1. NRS, PC2/25, 165r.

1. NRS, PC2/25, 165r.

Warrant, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/461

Warrant

Warrand to the merchants of Edinburgh to see Captain Campbells bond

The Lords of his majesties privy Councill Doe heirby allow the merchants of Edinburgh to see the bond which shall be granted be Mathow Campbell who is Craving to be appointed a Captaine of a Man of Warr, That he shall not take James Carrind skiper aboard of his said ship nor trouble any scots ships Imployed by scots men or the goods of scots merchants, To give in their objectiones and amendaments if they any have upon the said bond.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/461

Warrant

Warrand to the merchants of Edinburgh to see Captain Campbells bond

The Lords of his majesties privy Councill Doe heirby allow the merchants of Edinburgh to see the bond which shall be granted be Mathow Campbell who is Craving to be appointed a Captaine of a Man of Warr, That he shall not take James Carrind skiper aboard of his said ship nor trouble any scots ships Imployed by scots men or the goods of scots merchants, To give in their objectiones and amendaments if they any have upon the said bond.

1. NRS, PC2/25, 164v.

1. NRS, PC2/25, 164v.

Commission by the Council, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/451

Commission by the Council

Comission for Alexander Burnetts oath

The Lords of his Majesties privy Councill doe heirby Grant Commission to any of the Magistrats of Aberdein to take the oath and deposition of Alexander Burnet one of the sub Collectors of the Herth money presently prisoner in ther Tolbooth anent the Herth-money Collected be him within the shyre of Kincardine wher he was Sub Collector and what the list of the hearths which are payed and of the deficiants and poor which are exeemed by law, Doe extend to and that the same are true lists of all the hearths within the said shyre and paroches therof to the best of his knowledge, and that he has used his out-most endeavors Conforme to the proclamationes of Councill anent the ingathering of the hearth money to attaine to the knowledge of all the hearths within the forsaid bounds And that he has not willing nor wittingly Cocealled2 any, But given up the samen truely as said is.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/451

Commission by the Council

Comission for Alexander Burnetts oath

The Lords of his Majesties privy Councill doe heirby Grant Commission to any of the Magistrats of Aberdein to take the oath and deposition of Alexander Burnet one of the sub Collectors of the Herth money presently prisoner in ther Tolbooth anent the Herth-money Collected be him within the shyre of Kincardine wher he was Sub Collector and what the list of the hearths which are payed and of the deficiants and poor which are exeemed by law, Doe extend to and that the same are true lists of all the hearths within the said shyre and paroches therof to the best of his knowledge, and that he has used his out-most endeavors Conforme to the proclamationes of Councill anent the ingathering of the hearth money to attaine to the knowledge of all the hearths within the forsaid bounds And that he has not willing nor wittingly Cocealled2 any, But given up the samen truely as said is.

1. NRS, PC2/25, 164v.

2. Sic.

1. NRS, PC2/25, 164v.

2. Sic.

Act, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/441

Act

Act James Forresst for a pin-manufacturoy

Anent a Petition given in to the Lords of ther majesties privy Councill be James Forester merchant in Edinburgh Shewing That quherupon the encouragment given by the severall Lawes and acts of parliament In favors of manufactories The deceast David Forrester merchant in Edinburgh haveing made applicatione to the Lords of privy Councill They did by ther act of the sixt of December Jaj vjc Eightie thrie years Declair the said David Fosters pin work at Leith to be a manufactory and allowed him and his work men the haill freedomes priviledges Liberties and Imunities granted by the Lawes and acts of parliament in favors of Manufactories, And In Regaird that the petitioner has lately since the decease of the said David Foster acquyred right to the said work and did then undertake and has ever since mantained and keeped up the said pinwork at Leith and of drawing of Weir not only for use of the said pinwoork But alsoe for many other use whatsomever Which work the petitioner intends to advance and Carie one to a farder degree of perfectione and to bring home Forraigners for that effect, and will be able to keep a great many poor people at work And it hath been the saids Lords Constant custome to give their Countenance and encouragment to undertakers for setting up manufactories And Therfore Humbly Suplicating the saids Lords to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above James Forrest They doe heirby Declare the petitioners pinework and of drawing of Weer for the usses forsaids to be a manufactory In favors of the said petitioner his airs and assigneyes, And allowes him and them and ther servants the haill priviledges and Immunities provyded by the Lawes and acts of parliament In favors of Manufactories.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/441

Act

Act James Forresst for a pin-manufacturoy

Anent a Petition given in to the Lords of ther majesties privy Councill be James Forester merchant in Edinburgh Shewing That quherupon the encouragment given by the severall Lawes and acts of parliament In favors of manufactories The deceast David Forrester merchant in Edinburgh haveing made applicatione to the Lords of privy Councill They did by ther act of the sixt of December Jaj vjc Eightie thrie years Declair the said David Fosters pin work at Leith to be a manufactory and allowed him and his work men the haill freedomes priviledges Liberties and Imunities granted by the Lawes and acts of parliament in favors of Manufactories, And In Regaird that the petitioner has lately since the decease of the said David Foster acquyred right to the said work and did then undertake and has ever since mantained and keeped up the said pinwork at Leith and of drawing of Weir not only for use of the said pinwoork But alsoe for many other use whatsomever Which work the petitioner intends to advance and Carie one to a farder degree of perfectione and to bring home Forraigners for that effect, and will be able to keep a great many poor people at work And it hath been the saids Lords Constant custome to give their Countenance and encouragment to undertakers for setting up manufactories And Therfore Humbly Suplicating the saids Lords to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above James Forrest They doe heirby Declare the petitioners pinework and of drawing of Weer for the usses forsaids to be a manufactory In favors of the said petitioner his airs and assigneyes, And allowes him and them and ther servants the haill priviledges and Immunities provyded by the Lawes and acts of parliament In favors of Manufactories.

1. NRS, PC2/25, 163v-164v.

1. NRS, PC2/25, 163v-164v.

Act, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/431

Act

Act William Beattie for a bridge.

Anent a Petition given in to the Lords of his majesties privy Councill be William Beattie late baillie of Bervie, Shewing That quher upon ane former applicatione to the saids Lords ther was ane Contrabutione appointed for building of a bridge upon the Watter of Bervie So usefull and necessar for all travellers to the north of Scotland and the petitioner being intrusted therwith did undertake the samen and fund Caution at the same tyme and befor the saids Lords for the petitioners faithfull Discharge of the aid trust which the petitioner hath also endeavored to acquyt himself at the sight of the Commissioners of the Shyre as ane declaratione under ther hands therwith produced would attest, And seing that the said bridge Consisting of two Large arches is now a great way Advanced, and the two pends of the same being Compleatly Clossed It were a double and Irreparable Loss if it should now be deserted and not be Caried on to perfectione, the money the petitioner has received upon ther Lordships former act for ane voluntar Contributione be north the watter of Tay and Likewayes upon the act for the vacand stipend of Eccles Greig being all expended and upwards of the soume of one thousand four hundred fiftie four pund more of the petitioners oun money, Conforme to ane particular acompt Likewayes therwith produced So that by tradsmens Computatione besides what he hade allready depursed of his oun money It would Requyre Two Thousand six hundred merks more to Compleat the same and the work being most necessary and of universall concerne to the haill kingdome especially to such as travell to the north of Scotland And such works being Comonly and most Justly reckoned amongst pious and Charitable works The petitioner most in all humulity apply to the saids Lords as the first encouragers of that good work according to ther former act of Councill for ane voluntar Contrabutione therwith produced to the effect ther Lordships would hold hand to it and to grant the petitioner ane act in his favors for ane voluntar Contrabution to be uplifted and raised out of all the Shyres of this kingdome be south the watter of Tay, And Therfore humbly Supplementing the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill Haveing Considered the above petitione given in to them be the above William Beattie with the wrytes mentioned therin and produced therwith, They heirby allow a voluntar Contrabutione to be made within all the paroch Churches and meeting houses within this kingdome be south the watter of Tay for building or perfyteing a bridge which is allready begune to be built upon the watter of Bervie, and that upon any day the petitioner shall think Convenient in this present year Jaj vjc nyntie five And nominats and appoints the petitioner to be Collector for uplifting the said Contrabutione In Respect the petitioner before extracting heirof has given bond and found suficient2 Cautione acted in the books of privy Councill that he shall apply the soumes that shall be so voluntarly Collected and ingathered be him upon the building or perfecting of the said bridge and that he shall hold compt therfore to the Lords of privy Councill under the penalty of five Hundred merks scots by and attour the performance of the premisses and allowes these presents to be printed and appoints the same to be publictly intimat in the said Churches and meeting housses upon the Lords day Immediatly preceiding the said day of Collectione.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/431

Act

Act William Beattie for a bridge.

Anent a Petition given in to the Lords of his majesties privy Councill be William Beattie late baillie of Bervie, Shewing That quher upon ane former applicatione to the saids Lords ther was ane Contrabutione appointed for building of a bridge upon the Watter of Bervie So usefull and necessar for all travellers to the north of Scotland and the petitioner being intrusted therwith did undertake the samen and fund Caution at the same tyme and befor the saids Lords for the petitioners faithfull Discharge of the aid trust which the petitioner hath also endeavored to acquyt himself at the sight of the Commissioners of the Shyre as ane declaratione under ther hands therwith produced would attest, And seing that the said bridge Consisting of two Large arches is now a great way Advanced, and the two pends of the same being Compleatly Clossed It were a double and Irreparable Loss if it should now be deserted and not be Caried on to perfectione, the money the petitioner has received upon ther Lordships former act for ane voluntar Contributione be north the watter of Tay and Likewayes upon the act for the vacand stipend of Eccles Greig being all expended and upwards of the soume of one thousand four hundred fiftie four pund more of the petitioners oun money, Conforme to ane particular acompt Likewayes therwith produced So that by tradsmens Computatione besides what he hade allready depursed of his oun money It would Requyre Two Thousand six hundred merks more to Compleat the same and the work being most necessary and of universall concerne to the haill kingdome especially to such as travell to the north of Scotland And such works being Comonly and most Justly reckoned amongst pious and Charitable works The petitioner most in all humulity apply to the saids Lords as the first encouragers of that good work according to ther former act of Councill for ane voluntar Contrabutione therwith produced to the effect ther Lordships would hold hand to it and to grant the petitioner ane act in his favors for ane voluntar Contrabution to be uplifted and raised out of all the Shyres of this kingdome be south the watter of Tay, And Therfore humbly Supplementing the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill Haveing Considered the above petitione given in to them be the above William Beattie with the wrytes mentioned therin and produced therwith, They heirby allow a voluntar Contrabutione to be made within all the paroch Churches and meeting houses within this kingdome be south the watter of Tay for building or perfyteing a bridge which is allready begune to be built upon the watter of Bervie, and that upon any day the petitioner shall think Convenient in this present year Jaj vjc nyntie five And nominats and appoints the petitioner to be Collector for uplifting the said Contrabutione In Respect the petitioner before extracting heirof has given bond and found suficient2 Cautione acted in the books of privy Councill that he shall apply the soumes that shall be so voluntarly Collected and ingathered be him upon the building or perfecting of the said bridge and that he shall hold compt therfore to the Lords of privy Councill under the penalty of five Hundred merks scots by and attour the performance of the premisses and allowes these presents to be printed and appoints the same to be publictly intimat in the said Churches and meeting housses upon the Lords day Immediatly preceiding the said day of Collectione.

1. NRS, PC2/25, 162v-163v.

2. Insertion.

1. NRS, PC2/25, 162v-163v.

2. Insertion.

Act, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/421

Act

Act Young and Sibbald

Anent the Petition given in to the Lords of his majesties privy Councill be Mr James Young writter in Edinburgh Inventor and Patrick Sibbald Lock Smith ther maker of the Lock aftermentioned Shewing That the petitioners haveing invented and made ane new sort of Lock ther to Show, Which gives ane account how oft it is opened, and Consequently may be very usefull in many casses, As Primo Tho the key were lost and found be another persone It discovers if that person has opened the Lock Secundo If your servant should steall the key sometimes and take things out of the roume or Cabinet It discovers how oft they have done it Tertio if yow find one of your servants is dishonest, But know not whom to Challange This Lock may sett yow on the right man Quarto if yow have any roumes with fyne furniture, pictures, Glasses, or Curiosities if you desyre your servants not to lett any of ther Accquantance in to see the roome least they abuse or break any thing in it, Tho you Leave them the key, as in some cases it is necessary, yet this Lock discovers if they break your orders and how oft, Quinto If yow be Sick and most intrust your keyes to a Servant this Lock discovers if he takes occasione when yow are a Sleep to look into your Cabanet Sexto It is very fitt to be put upon wyne Sellers Pantries, Cabinets and severall other things to long to trouble the saids Lords with And the petitioners conceaving that they would be of publict use and for the publict good Especially seing their Locks may tend to frighten Servants into honesty, and seing the petitioners Can make the saids Locks for fiftein shilling sterling a peice or more Conforme to the fynnes of the work and being the saids Lords practise to allow Inventars the sole benefite of their Inventione for some time and to debarr others from making use therof, And the petitioners being the true Inventers and makers And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill, Haveing Considered this petitione Given in to them be the above Mr James Young and Patrick Sibbald Doe heirby allow the petitioners ther airs executors and assigneyes and such as shall be Impoured by them the sole benefite of makeing the said Locks or like them and that for the space of Fyftein years Comenceing from the date heirof under the paine of Confiscatione of the Locks Which shall be made to the use of the petitioners and ther forsaids and such other penaltie toties quoties as the saids Lords of privy Councill shall think fit Reserveing allwayes to the saids Lords to modifie the pryce of the saids Locks from time to time as they shall find Just.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/421

Act

Act Young and Sibbald

Anent the Petition given in to the Lords of his majesties privy Councill be Mr James Young writter in Edinburgh Inventor and Patrick Sibbald Lock Smith ther maker of the Lock aftermentioned Shewing That the petitioners haveing invented and made ane new sort of Lock ther to Show, Which gives ane account how oft it is opened, and Consequently may be very usefull in many casses, As Primo Tho the key were lost and found be another persone It discovers if that person has opened the Lock Secundo If your servant should steall the key sometimes and take things out of the roume or Cabinet It discovers how oft they have done it Tertio if yow find one of your servants is dishonest, But know not whom to Challange This Lock may sett yow on the right man Quarto if yow have any roumes with fyne furniture, pictures, Glasses, or Curiosities if you desyre your servants not to lett any of ther Accquantance in to see the roome least they abuse or break any thing in it, Tho you Leave them the key, as in some cases it is necessary, yet this Lock discovers if they break your orders and how oft, Quinto If yow be Sick and most intrust your keyes to a Servant this Lock discovers if he takes occasione when yow are a Sleep to look into your Cabanet Sexto It is very fitt to be put upon wyne Sellers Pantries, Cabinets and severall other things to long to trouble the saids Lords with And the petitioners conceaving that they would be of publict use and for the publict good Especially seing their Locks may tend to frighten Servants into honesty, and seing the petitioners Can make the saids Locks for fiftein shilling sterling a peice or more Conforme to the fynnes of the work and being the saids Lords practise to allow Inventars the sole benefite of their Inventione for some time and to debarr others from making use therof, And the petitioners being the true Inventers and makers And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill, Haveing Considered this petitione Given in to them be the above Mr James Young and Patrick Sibbald Doe heirby allow the petitioners ther airs executors and assigneyes and such as shall be Impoured by them the sole benefite of makeing the said Locks or like them and that for the space of Fyftein years Comenceing from the date heirof under the paine of Confiscatione of the Locks Which shall be made to the use of the petitioners and ther forsaids and such other penaltie toties quoties as the saids Lords of privy Councill shall think fit Reserveing allwayes to the saids Lords to modifie the pryce of the saids Locks from time to time as they shall find Just.

1. NRS, PC2/25, 162r-162v.

1. NRS, PC2/25, 162r-162v.

Commission by the Council, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/411

Commission by the Council

Act and Commission The Earle of Broadalbine.

Anent the petition given in to the Lords of ther majesties privy Councill be John Earle of Broadalbine Shewing That dureing the late troubles and insurrectione in the highlands his house of Finlarig was pitched upon to be a Garison and severall of his majesties forces Lodged ther against the Enemy Who as is ordinary in such Casses did extreamly spoill the house Demolish all the timber work therof and render it wholly inhabitable so that to this day It hath Continued in that ruinous state Lykeas they also defaced the Chappell and buriall place of the petitioners ancestors adjoyned to the house turning the same to a Stable and Comitted other great wastes about the house and yeards, Which need not heir be particularly specified And seing It is Reasonable that the forsaid Loss that the petitioner have sufered should be Cognosced and tryed to the end it may be Considered by the Justice of the Government and the petitioner repaired as is usuall in the like cases And Therfore Humbly Supplicating to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petitione given in to them be the above Earle of Broadalbine They heirby give Full power, Warrand and Commissione To Duncan Toshacto of Monybaird Baillie of the Baillziarie of Deshar and Toyar with the Concurrance of Duncan Campbell of Auchlyne, Alexander Campbell of Ardeneuch Duncan Campbell of Etremuchtie and Robert Stirline of Stuix or any two of them heritors of the nighbourhead to take tryall of the Losses mentioned in the bill sustained by the petitioner and for that effect to take the oaths of the witnesses or skilled persones such as massones wrights or the like and all other probation necessary for Clearing of the matter and for that effect gives full power to the baillie to Issue furth precepts for citeing of the saids witnesses and other persones forsaids and appoints the probatione which shall be adduced be vertue heirof to be transmitted and reported to the saids Lords of privy Councill to be advyssed by them that they may give ther farder orders theranent.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/411

Commission by the Council

Act and Commission The Earle of Broadalbine.

Anent the petition given in to the Lords of ther majesties privy Councill be John Earle of Broadalbine Shewing That dureing the late troubles and insurrectione in the highlands his house of Finlarig was pitched upon to be a Garison and severall of his majesties forces Lodged ther against the Enemy Who as is ordinary in such Casses did extreamly spoill the house Demolish all the timber work therof and render it wholly inhabitable so that to this day It hath Continued in that ruinous state Lykeas they also defaced the Chappell and buriall place of the petitioners ancestors adjoyned to the house turning the same to a Stable and Comitted other great wastes about the house and yeards, Which need not heir be particularly specified And seing It is Reasonable that the forsaid Loss that the petitioner have sufered should be Cognosced and tryed to the end it may be Considered by the Justice of the Government and the petitioner repaired as is usuall in the like cases And Therfore Humbly Supplicating to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petitione given in to them be the above Earle of Broadalbine They heirby give Full power, Warrand and Commissione To Duncan Toshacto of Monybaird Baillie of the Baillziarie of Deshar and Toyar with the Concurrance of Duncan Campbell of Auchlyne, Alexander Campbell of Ardeneuch Duncan Campbell of Etremuchtie and Robert Stirline of Stuix or any two of them heritors of the nighbourhead to take tryall of the Losses mentioned in the bill sustained by the petitioner and for that effect to take the oaths of the witnesses or skilled persones such as massones wrights or the like and all other probation necessary for Clearing of the matter and for that effect gives full power to the baillie to Issue furth precepts for citeing of the saids witnesses and other persones forsaids and appoints the probatione which shall be adduced be vertue heirof to be transmitted and reported to the saids Lords of privy Councill to be advyssed by them that they may give ther farder orders theranent.

1. NRS, PC2/25, 161r-161v.

1. NRS, PC2/25, 161r-161v.

Procedure: remission, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/401

Procedure: remission

Remitt Stivenson and Greir Against Greg and Malloch

Anent Our Soveraigne Lord and Ladies Letters raised and pursued before the Lords of their Majesties privy Councill at the instance of John Stivensone smith in Leith and Sarrah Grier his Wife Mentioning That wher the violent intrudeing in other mens Lands and the ejecting of the Righteous propriators and ther tennets from the legall Just and peacable possessione of the same and that without any Collour or pretence of Law are Crymes of a high Nature and Severly punishable yet true It is That upon the Twenty seventh day of March Last by past James Greig barbour in the Cannogate and Robert Malloch merchant in Edinburgh with severall others ther accomplices Did come to the tenement of land in North Leith pertaineing to the saids pursuers and ther by Open violence in a most Illegall and violent maner sumarly at their oun hands did eject Isobell Forrest and Christian Barclay tenents to the pursuers in one of the houses of the said tenement and did break open the doors of that and the remanent houses of the said tenemant and did eject and Cast out David Duncan seaman out of his legall and peaceable possesione and forced the rest of the tennants to take ther housses of them and did strick of Locks from off2 all the Doors of the saids housses and put new Locks of ther oun, and did severall other acts of Ryot violence and oppressione and at last Did enter themselves to the violent and wrongeous possessione of the said pursuers lands and severall housses therof, Wherof the saids pursuers were in the legall and peacable possessione and all this without any title Collour or pretence of Law Wherby it may evidently appear to the Lords of privy Councill that the said James Greig and Robert Malloch and ther saids accomplices are guilty of ane high and manifast Ryot injurie and oppressione Contrary to the Lawes and acts of parliament in this kingdome And Therfore they ought and should be Decerned be the saids Lords ther Decreet not only to restore and reenter the said pursuers to ther Legall and peacable possession of ther said tanement and haill housses therof to be peacably enjoyed and possessed be them and ther tennents in time Comeing as they brooked and possessed the same before the said James Greig and Robert Malloch ther violent intrussione therin They should be Decerned to decist from all farder troubling and molesting them in ther possession in time comeing, But also they ought and should be Decerned to make payment to the saids pursuers of the soume of ane Thousand merks Scots money for Coast skaith damnadge and expenses sustained be them in the said matter, And besides should be severly punished in ther persones and Goods to the terror of others to Comitt the like in time Comeing and Anent the Charge given to the saids defenders To have Compeired before the saids Lords upon ane Certaine 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 appertained under the paine of Rebellione with Certificatione etc as the said Lybell and executiones more fully bears The Which Lybell being upon the thretein day of Aprill Jaj vjc nyntie thrie years Called in presence of the saids Lords And the pursuers Compeiring personally with Sir James Ogilvie ther majesties solicitor and Mr David Douglas ther advocats And the defenders Compeiring also personally with Sir Robert Coult ther advocat The saids Lords haveing heard both parties and ther advocats and Considered the Lybell and answers therto They Remitted to a Committie of ther oun number to examine the witnesses Cited Compeiring and makeing faith at the barr and accordingly the said Committie haveing mett they examined Diverse famose Witnesses as their oathes and Depositiones extant in proces bears And the said Lybell being this day againe Considered The saids Lords of his Majesties privy Councill have Remitted and heirby Remits the same to be persewed Insisted in and determined before the Judge ordinary.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/401

Procedure: remission

Remitt Stivenson and Greir Against Greg and Malloch

Anent Our Soveraigne Lord and Ladies Letters raised and pursued before the Lords of their Majesties privy Councill at the instance of John Stivensone smith in Leith and Sarrah Grier his Wife Mentioning That wher the violent intrudeing in other mens Lands and the ejecting of the Righteous propriators and ther tennets from the legall Just and peacable possessione of the same and that without any Collour or pretence of Law are Crymes of a high Nature and Severly punishable yet true It is That upon the Twenty seventh day of March Last by past James Greig barbour in the Cannogate and Robert Malloch merchant in Edinburgh with severall others ther accomplices Did come to the tenement of land in North Leith pertaineing to the saids pursuers and ther by Open violence in a most Illegall and violent maner sumarly at their oun hands did eject Isobell Forrest and Christian Barclay tenents to the pursuers in one of the houses of the said tenement and did break open the doors of that and the remanent houses of the said tenemant and did eject and Cast out David Duncan seaman out of his legall and peaceable possesione and forced the rest of the tennants to take ther housses of them and did strick of Locks from off2 all the Doors of the saids housses and put new Locks of ther oun, and did severall other acts of Ryot violence and oppressione and at last Did enter themselves to the violent and wrongeous possessione of the said pursuers lands and severall housses therof, Wherof the saids pursuers were in the legall and peacable possessione and all this without any title Collour or pretence of Law Wherby it may evidently appear to the Lords of privy Councill that the said James Greig and Robert Malloch and ther saids accomplices are guilty of ane high and manifast Ryot injurie and oppressione Contrary to the Lawes and acts of parliament in this kingdome And Therfore they ought and should be Decerned be the saids Lords ther Decreet not only to restore and reenter the said pursuers to ther Legall and peacable possession of ther said tanement and haill housses therof to be peacably enjoyed and possessed be them and ther tennents in time Comeing as they brooked and possessed the same before the said James Greig and Robert Malloch ther violent intrussione therin They should be Decerned to decist from all farder troubling and molesting them in ther possession in time comeing, But also they ought and should be Decerned to make payment to the saids pursuers of the soume of ane Thousand merks Scots money for Coast skaith damnadge and expenses sustained be them in the said matter, And besides should be severly punished in ther persones and Goods to the terror of others to Comitt the like in time Comeing and Anent the Charge given to the saids defenders To have Compeired before the saids Lords upon ane Certaine 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 appertained under the paine of Rebellione with Certificatione etc as the said Lybell and executiones more fully bears The Which Lybell being upon the thretein day of Aprill Jaj vjc nyntie thrie years Called in presence of the saids Lords And the pursuers Compeiring personally with Sir James Ogilvie ther majesties solicitor and Mr David Douglas ther advocats And the defenders Compeiring also personally with Sir Robert Coult ther advocat The saids Lords haveing heard both parties and ther advocats and Considered the Lybell and answers therto They Remitted to a Committie of ther oun number to examine the witnesses Cited Compeiring and makeing faith at the barr and accordingly the said Committie haveing mett they examined Diverse famose Witnesses as their oathes and Depositiones extant in proces bears And the said Lybell being this day againe Considered The saids Lords of his Majesties privy Councill have Remitted and heirby Remits the same to be persewed Insisted in and determined before the Judge ordinary.

1. NRS, PC2/25, 160r-161r.

2. Insertion.

1. NRS, PC2/25, 160r-161r.

2. Insertion.