Tag Archives: 5 August 1697 (pm)

Act, 5 August 1697 (pm), Edinburgh

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Act

Act Robert Hamiltowne

Anent the petitione given in to the Lords of his majesties privie Cownsell be Robert Hamiltowne Late chamberland to the deceast Countess dowager of Cassills Shewing That wher William Mccaw sometyme tennent in Trochen haveing raised ane lybell befor ther Lordships against Mr Alexander Stevensone and George Andersone Narrateing severall Deeds violence and oppressione alleadged Committed by them against him in seasing and disposeing of his goods to ther value of Thrie Thowsand pwnd But lybelling neither violence nor wrong against the petitioner But only that he Succeeded as chamberland to the said Mr Alexander and owght to compt reckon and pay to the said William Mccaw of what was left by the said Mr Alexander and intrometted with by him As the lybell qwoad the petitioner is altogither civill soe at the dyet of the appeareance he was ther and dureing his aboad he withdrew and never called his lybill But the petitioner no Sooner offered to returne But in the vaccance he calls and obtaines certificatione against which the petitioner being reponed and by reasone of his growing infirmitie through age not able to appear the petitioner prodwced a testificat of his infirmity upon Soule and conscience of the ministers and magistrats of Mayboll where he Lives And also that the process was altogither civill as to him and only competent before the Jwdge ordinarie Ther Lordships being taken up with weightie maters yet ther Lordships were pleased to remite the same to the Judge ordinar and ordained the petitioner to pay Ane Thowsand merks of expensses As to which the petitioner beggs Libertie to represent that this William Mccaw persewar hes the benefite of the poors roll befor the Session and soe getts Summonds gratis And therwith oppresses the Countrey by giveing them citatione and takeing them back for rewards and Small gratwities And now hes the Same benefite from ther Lordships clerks And thowgh his lybell bears nothing of wrong or violence Done by the petitioner to him yet the petitioner is putt in the close of a lybell against others upon this onlie head of intromissione with his goods as he who Succeeded in the place of a former Chamberland which is altogither civill and competent befor the Judge ordinary And to convince ther Lordships that the petitioner never did him wrong or injurie in caise he prevaill befor the Judge ordinar against him for the Least farthing the petitioner is satisfied to pay the expenses modified But if he Doe not prevaill ther is Litle reasone to incourage Swch clamorows persones with allowing them expensses in ther wnjust perswuites And therfore humbly craveing ther Lordships to remit the Cause to the Judge ordinar without expensses atleast to Superceed extracting therof untill the event of the process that it may appeare whither he or the petitionre are in the wrong And in caise the Same be extracted to grant Suspensione therof without Cautione or consignatione As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They doe heirby allow the above William Mccaw to Sie and answer the Same and in the mean tyme Stopps extracting till the Counsell give furder order and Stopps executione upon the former act or order of Counsell in the mean tyme As to all therin Contained

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/131

Act

Act Robert Hamiltowne

Anent the petitione given in to the Lords of his majesties privie Cownsell be Robert Hamiltowne Late chamberland to the deceast Countess dowager of Cassills Shewing That wher William Mccaw sometyme tennent in Trochen haveing raised ane lybell befor ther Lordships against Mr Alexander Stevensone and George Andersone Narrateing severall Deeds violence and oppressione alleadged Committed by them against him in seasing and disposeing of his goods to ther value of Thrie Thowsand pwnd But lybelling neither violence nor wrong against the petitioner But only that he Succeeded as chamberland to the said Mr Alexander and owght to compt reckon and pay to the said William Mccaw of what was left by the said Mr Alexander and intrometted with by him As the lybell qwoad the petitioner is altogither civill soe at the dyet of the appeareance he was ther and dureing his aboad he withdrew and never called his lybill But the petitioner no Sooner offered to returne But in the vaccance he calls and obtaines certificatione against which the petitioner being reponed and by reasone of his growing infirmitie through age not able to appear the petitioner prodwced a testificat of his infirmity upon Soule and conscience of the ministers and magistrats of Mayboll where he Lives And also that the process was altogither civill as to him and only competent before the Jwdge ordinarie Ther Lordships being taken up with weightie maters yet ther Lordships were pleased to remite the same to the Judge ordinar and ordained the petitioner to pay Ane Thowsand merks of expensses As to which the petitioner beggs Libertie to represent that this William Mccaw persewar hes the benefite of the poors roll befor the Session and soe getts Summonds gratis And therwith oppresses the Countrey by giveing them citatione and takeing them back for rewards and Small gratwities And now hes the Same benefite from ther Lordships clerks And thowgh his lybell bears nothing of wrong or violence Done by the petitioner to him yet the petitioner is putt in the close of a lybell against others upon this onlie head of intromissione with his goods as he who Succeeded in the place of a former Chamberland which is altogither civill and competent befor the Judge ordinary And to convince ther Lordships that the petitioner never did him wrong or injurie in caise he prevaill befor the Judge ordinar against him for the Least farthing the petitioner is satisfied to pay the expenses modified But if he Doe not prevaill ther is Litle reasone to incourage Swch clamorows persones with allowing them expensses in ther wnjust perswuites And therfore humbly craveing ther Lordships to remit the Cause to the Judge ordinar without expensses atleast to Superceed extracting therof untill the event of the process that it may appeare whither he or the petitionre are in the wrong And in caise the Same be extracted to grant Suspensione therof without Cautione or consignatione As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They doe heirby allow the above William Mccaw to Sie and answer the Same and in the mean tyme Stopps extracting till the Counsell give furder order and Stopps executione upon the former act or order of Counsell in the mean tyme As to all therin Contained

1. NRS, PC2/27, 37v-38r.

1. NRS, PC2/27, 37v-38r.

Warrant, 5 August 1697 (pm), Edinburgh

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Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

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Warrant

Warrand Stopping Logans act upon Drummairs bill

Petitione Mr Alexander Adaire of Drummaire Read and allowes The Laird of Logan to sie and answer the same And in the mean tyme discharges the extracting of the within act at The Laird of Logans instance untill the Cowncell give order for doeing therof2

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/121

Warrant

Warrand Stopping Logans act upon Drummairs bill

Petitione Mr Alexander Adaire of Drummaire Read and allowes The Laird of Logan to sie and answer the same And in the mean tyme discharges the extracting of the within act at The Laird of Logans instance untill the Cowncell give order for doeing therof2

1. NRS, PC2/27, 37r.

2. The rest of f.37r and top of f.37v have been left blank, suggesting a missing entry or that this warrant was intended to continue.

1. NRS, PC2/27, 37r.

2. The rest of f.37r and top of f.37v have been left blank, suggesting a missing entry or that this warrant was intended to continue.

Act, 5 August 1697 (pm), Edinburgh

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D1697/8/111

Act

Act Slezer Browne and Adair

The Lords of his majesties privie Counsell haveing considered the report of a Committie of ther own number made to them anent the twnage imposed by act of parliament infavors of John Adair Geographer and Captaine Slezer They find by the accompt given in be Hwgh Browne oversier of the said impositione That ther is als much of the said twnnage in the hands of the collectors at Leith Borrowstounes Kirkaldie Prestowne Panns and Dwmfreis the respective tymes mentioned in the accompt as will extend to the Sowme of Four Thowsand Eight Hundereth and Sixtie four pund Scotts And of Twnnage Due and not yet receaved (Hwgh Browne affirmeing that he was deforced) als much as will extend to the Soume of Two Thowsand Seven hundereth and nyn punds Scotts And the saids Lords of privie Counsell decerned the collectors to pay in the said Soume of Four Thowsand Eight Hundereth and Sixtie four punds to George Baillie of Jarviswood generall receaver of his majesties crowne rents And ordaines the said Generall receaver soe soon as the same comes to his hands to make payment to Captaine Slezer of Two Hundereth punds Sterleing therof In respect he hes hitherto gotten bwt a verie small pairt And to make payment to the said John Adair of Fifftie punds Sterleing money therof In respect he hes alreadie gotten considerably And to the said Hwgh Browne of the lyke Soume of Fifftie punds Sterleing inpairt of his bygone sellaries and expenss And ordaines the said Hwgh Browne to doe all dilligence to oversie And the said collectors to doe all dilligence to gett in what is Dwe of the said twnnage preceeding Lambmes Last and untill mertimes next And The saids Lords declaires they will sett the said twnnage in roupe for a yeir Commenceing frae Mertimes next And that whoever will take the roupe Shall be obleidged to give dedwctione of Five per cent of the said twnnage for the case of the Skippers

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/111

Act

Act Slezer Browne and Adair

The Lords of his majesties privie Counsell haveing considered the report of a Committie of ther own number made to them anent the twnage imposed by act of parliament infavors of John Adair Geographer and Captaine Slezer They find by the accompt given in be Hwgh Browne oversier of the said impositione That ther is als much of the said twnnage in the hands of the collectors at Leith Borrowstounes Kirkaldie Prestowne Panns and Dwmfreis the respective tymes mentioned in the accompt as will extend to the Sowme of Four Thowsand Eight Hundereth and Sixtie four pund Scotts And of Twnnage Due and not yet receaved (Hwgh Browne affirmeing that he was deforced) als much as will extend to the Soume of Two Thowsand Seven hundereth and nyn punds Scotts And the saids Lords of privie Counsell decerned the collectors to pay in the said Soume of Four Thowsand Eight Hundereth and Sixtie four punds to George Baillie of Jarviswood generall receaver of his majesties crowne rents And ordaines the said Generall receaver soe soon as the same comes to his hands to make payment to Captaine Slezer of Two Hundereth punds Sterleing therof In respect he hes hitherto gotten bwt a verie small pairt And to make payment to the said John Adair of Fifftie punds Sterleing money therof In respect he hes alreadie gotten considerably And to the said Hwgh Browne of the lyke Soume of Fifftie punds Sterleing inpairt of his bygone sellaries and expenss And ordaines the said Hwgh Browne to doe all dilligence to oversie And the said collectors to doe all dilligence to gett in what is Dwe of the said twnnage preceeding Lambmes Last and untill mertimes next And The saids Lords declaires they will sett the said twnnage in roupe for a yeir Commenceing frae Mertimes next And that whoever will take the roupe Shall be obleidged to give dedwctione of Five per cent of the said twnnage for the case of the Skippers

1. NRS, PC2/27, 36v-37r.

1. NRS, PC2/27, 36v-37r.

Act, 5 August 1697 (pm), Edinburgh

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Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/101

Act

Act Innes Against Countess of Kincardine

Anent the petitione given in to the Lords of his majesties privie Counsell be The Countess of Kincairden Shewing that She being undoubted patrone of the paroch kirk of Carnock and haveing therby right to dispose of the vaccand Stipends for pious uses within the parochin Conforme to the acts of parliament She did accordinglie grant a factorie and Commissione to Mr William Erskine to collect and uplift the vaccand Stipends of the said paroch to be applyed for the pious uses particularly mentioned in the said factorie viz for repaireing the bridge called the bridge of Carnock and a Thowsand pund of the said stipend for a fond to a schoollmaister at the said kirk and the remainder for the Support and mentainance of the poor of the paroch And the said Mr William Ereskin haveing persewed the heretors of the paroch befor the Commissars of Edinburgh as Liveing within the Commissariot for ther severall proportiones of the said Stipend In which process ther was a Compeirance for Mr William Innes Late minister at Carnock who prodwced ane act of ther Lordships appointing the vaccand Stipend of the said kirk for the cropt Jaj vic nyntie thrie and preceeding to be payed to him which act did proceed in absence of the patron and upon a misrepresentatione that the Stipends had not bein applyed for piows wses in the termes of the act of parliament And narrateing that in that caise the presbetrie had the pouer of disposeall and had actwallie disposed therof to him wheras the petitioner had granted a factory and Commissione for collecting the said stipend to be applyed for the piows wses and ends above mentioned And Its a mistake that the pesbetrie hes any power to dispose of vaccand Stipends be act of parliament except in the caise wher the patron is popish The Commissioners haveing considered both pairties rights they preferred the petitioner And accordinglie the decreit is extracted As the samen with the factorie therwith prodwced hes testified Notwithstanding wherof Mr James Threatens to distress the heretors upon the act of privie Counsell And therfore humbly craveing ther Lordships in respect of the petitioners right of disposall of the said stipend be act of parliament And that accordinglie the petitioner hes disposed theron to recall the former act in favoures of Mr Innes and to discharge dilligence therupon As the said petitione bears Which petitione being this day read and considered be the saids Lords of privie Counsell And answers mad by Mr William Innes They doe heirby refwise the Desyre of the said petitione and adheres to ther former act or interloqwitor pronunced in Mr William Innes his favoures And in place of two Hundereth merks of victwall Stipend decerned against Henry Wardlaw of Lwscar decernes against him for ane hundereth merks And against Henry Wardlaw yownger and John Stobie portioner of Lwscar the Lyke Sowme of Ane hundereth merks And ordaines Letters of horneing on fiftein dayes and others wnder the Signet of privie Counsell to be direct against the saids persones for payment of the respective Soumes foirsaids

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/101

Act

Act Innes Against Countess of Kincardine

Anent the petitione given in to the Lords of his majesties privie Counsell be The Countess of Kincairden Shewing that She being undoubted patrone of the paroch kirk of Carnock and haveing therby right to dispose of the vaccand Stipends for pious uses within the parochin Conforme to the acts of parliament She did accordinglie grant a factorie and Commissione to Mr William Erskine to collect and uplift the vaccand Stipends of the said paroch to be applyed for the pious uses particularly mentioned in the said factorie viz for repaireing the bridge called the bridge of Carnock and a Thowsand pund of the said stipend for a fond to a schoollmaister at the said kirk and the remainder for the Support and mentainance of the poor of the paroch And the said Mr William Ereskin haveing persewed the heretors of the paroch befor the Commissars of Edinburgh as Liveing within the Commissariot for ther severall proportiones of the said Stipend In which process ther was a Compeirance for Mr William Innes Late minister at Carnock who prodwced ane act of ther Lordships appointing the vaccand Stipend of the said kirk for the cropt Jaj vic nyntie thrie and preceeding to be payed to him which act did proceed in absence of the patron and upon a misrepresentatione that the Stipends had not bein applyed for piows wses in the termes of the act of parliament And narrateing that in that caise the presbetrie had the pouer of disposeall and had actwallie disposed therof to him wheras the petitioner had granted a factory and Commissione for collecting the said stipend to be applyed for the piows wses and ends above mentioned And Its a mistake that the pesbetrie hes any power to dispose of vaccand Stipends be act of parliament except in the caise wher the patron is popish The Commissioners haveing considered both pairties rights they preferred the petitioner And accordinglie the decreit is extracted As the samen with the factorie therwith prodwced hes testified Notwithstanding wherof Mr James Threatens to distress the heretors upon the act of privie Counsell And therfore humbly craveing ther Lordships in respect of the petitioners right of disposall of the said stipend be act of parliament And that accordinglie the petitioner hes disposed theron to recall the former act in favoures of Mr Innes and to discharge dilligence therupon As the said petitione bears Which petitione being this day read and considered be the saids Lords of privie Counsell And answers mad by Mr William Innes They doe heirby refwise the Desyre of the said petitione and adheres to ther former act or interloqwitor pronunced in Mr William Innes his favoures And in place of two Hundereth merks of victwall Stipend decerned against Henry Wardlaw of Lwscar decernes against him for ane hundereth merks And against Henry Wardlaw yownger and John Stobie portioner of Lwscar the Lyke Sowme of Ane hundereth merks And ordaines Letters of horneing on fiftein dayes and others wnder the Signet of privie Counsell to be direct against the saids persones for payment of the respective Soumes foirsaids

1. NRS, PC2/27, 35v-36v.

1. NRS, PC2/27, 35v-36v.

Act, 5 August 1697 (pm), Edinburgh

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Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/91

Act

Act James Lwck anent victwall

The Lords of his majesties privie Cownsell doe heirby allow the number of Two hundereth and twentie bolls bear lying in severall Lofts in the towne of Leith which by the report of Sworne men is said to be insufficient and to belong to Alexander Campbell and James Lwck merchand in Glasgow to be Delivered to the said James Lwck or any haveing his order or warrand to the effect he may transport the same furth of the Kingdome Betwixt and the tenth day of Augwst And that in respect he hath given bond and fownd Cawtione that he shall transport the said victwall furth of this Kingdome2 Betwixt and the day forsaid And that ther shall not any pairt therof be sold in this kingdome or returned therto or be made wse of therin under the penaltie of twelve pwnd Scotts for each boll of the said victwall which shall be soe sold returned or made use of And declares the said victwall to be free of any arreastment Law theron by the Comitie of privie Counsell

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/91

Act

Act James Lwck anent victwall

The Lords of his majesties privie Cownsell doe heirby allow the number of Two hundereth and twentie bolls bear lying in severall Lofts in the towne of Leith which by the report of Sworne men is said to be insufficient and to belong to Alexander Campbell and James Lwck merchand in Glasgow to be Delivered to the said James Lwck or any haveing his order or warrand to the effect he may transport the same furth of the Kingdome Betwixt and the tenth day of Augwst And that in respect he hath given bond and fownd Cawtione that he shall transport the said victwall furth of this Kingdome2 Betwixt and the day forsaid And that ther shall not any pairt therof be sold in this kingdome or returned therto or be made wse of therin under the penaltie of twelve pwnd Scotts for each boll of the said victwall which shall be soe sold returned or made use of And declares the said victwall to be free of any arreastment Law theron by the Comitie of privie Counsell

1. NRS, PC2/27, 35v.

2. Two illegible words scored out here.

1. NRS, PC2/27, 35v.

2. Two illegible words scored out here.

Decreet, 5 August 1697 (pm), Edinburgh

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Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/81

Decreet

Decreit His majesties Advocat Against Pennyland and others

Anent the Lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Counsell at the instance of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwrittin Makeing mentione That wher by the Lawes of this and all other well governed realmes All Judges and others to whom the administratione of Jwstice is intrwsted or who pretend to exerce the Same owght to administrat Justice fairlie eqwallie those principallie concerned not only to defend But to prosecute ther Just interest aither for reparatione or damnadges or ad vindictam privatam As also to assist ad vindictam publicam And that on the other hand the offering or attempting to precipitat tryalls and the faire course of Jwdgement by wndwe preventing of Such as have the onlie the best right and greatest interest to prosecute the tryall and who can give the most evidence and Light for determineing them on purpose to Suppress the trwe knowledge of the cryme offered to be tryed And to frie and Liberat the persone trwelie gwiltie by ane ill prepared tryall and a mock probatione and assize is a cryme of a high nature and owght to be Severely pwnished Nevertheles it is of veritie that Mr Patrick Murrey of Pennieland pretending to be Jwsticiary and Shereff depute of Caithnes and William Campbell his pretended Clerk in the foirsaid Jurisdictione and Robert Hendersone pretended procurator fiscall of the said Court Shakeing off all Dwe regaird to Jwstice and good order therof And to the foirsaid trwsts wherunto they doe pretend Are gwiltie of a most gross precipitatione of Justice and of a most wnwarrantable prosecutione of a cryme Committed within ther bownds on purpose to Suppress the trwe discoverie therof and to Liberat the criminall insoe far as That ther haveing happened a ryot in the towne of Weik of Caithnes upon the occasione of one James Murrey indweller ther his offering to eject Alexander Dowll alsoe indweller ther owt of his house and dwelling without right or dwe order of Law And the said James Murrey haveing in the said ryot Stoke with his foot upon the bellie the deceast Jennet Carrmock Spouse to the said Alexander then bigg with child And Donald Swtherland also indweller ther haveing violentlie inclosed the said Jennet with a Staff or battone cross her bellie and thrwst her in Swch sort that of the said Strykeing and violent thrusting She therefter fell Sick and dyed which ryot happening about the end of October or beginning of November Jaj vic nyntie Six the said Jennet dyed as said is about the threttein of december therefter wherby it is manifest that the said Alexander Dowll her husband had the principall and wndoubted interest to prosecute the tryell of his wifes being killed and murdered in maner foirsaid But albeit that he was only gone to Edinburgh about his Laufull affairs befoir his wife fell Sick and Dyed and did imediatly upon heareing of her Sicknes take his way for Caithnes to repaire homeward yet the afoirsaid Patrick Murrey of Penneland William Campbell and Robert Hendersone purposed as it appeares to prevent and Stiffle the Jwst tryell of the foirsaid cryme and to Liberat the persones gwiltie therof did without waiteing the said Alexander Dowlls returne or makeing any intimatione to him aither to insist or assist at the tryell appoint and carie on a mock tryell the said William Campbell clerk And the said Patrick Murrey Judge of the foirsaid Jwrisdictione giveing out precepts at the instance of the said Robert Hendersone ther procurator fiscall for summonding assizes and witnesses as wse is in Swch tryells and the said James Murray and Donald Sutherland to ansuer in the said mater All which was Done within Less then thrie weeks efter the deficients decease and without either waiteing for or the Least intimatione made to her husband to assist in the tryell as said is which was certainlie a visible precipitatione and of the worst example and yet was furder aggravat in soe farr that our Alexander Sinclaire appeared and protested against ther said proceedings both in behalf of the said Alexander Dowll and also of the magistrats of Weik who had conveened the said James Murrey and Donald Southerland to appeare before them not for a tryell as is falselie pretended but to cause them find Cautione to ansuer to the said mater befor the Lords of privie Counsell or Lords of Justiciarie which was a verie Laufull practice and might have Served for ane example to the foirsaid Shirreff deput and his clerk and Fiscall But notwithstanding of the said protest and the instruments taken therupon therwith prodwced the foirsaid Shirreff depute Clerk and Fiscall would not desist but went on and advised the relevancie of the lybell Constitute and Swore and assize and took probatione and manadged all in Swch Sort that the Criminalls were assoillzed which being a most gross precipitatione of Justice as said is caried on in soe Short a Space without waiteing for her husband And certainly owt of partialitie because of ther relatione to the pannalls and being of a most perniciows example for Stiffleing and frwstrateing the Just tryell of all crymes ought to be severely pwnished animadverted to and that without regaird to what is or may be materiall in the process And therfore the saids Patrick Mwrray William Campbell and Robert Hendersone being gwiltie airt and pairt of the Same ought to be Severely pwnished by deprivatione from ther said pretended offices and declaired wncapable therof for any Swch trwst for the furutre And furder in ther persone and goods As the Saids Lords of our privie Cownsell Shall think fitt to the example and terror of others to Commit the lyke in tyme comeing And anent the charge given to the saids defenders to have Compeared personallie befor 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 Swch order and course taken theranent as the saids Lords should think fitt wnder the paine of Rebellione etc As the saids principall lybell or Letters of complaint with the executiones therof in themselvs more fullie proports Which lybell being upon the fiftein of Jwllie Last called in presence of the saids Lords of privie Counsell And his majesties Advocat persewar Compeareing personallie And the said Patrick Murrey one of the defenders Compeareing also personallie And the said William Campbell clerk and Robert Hendersone being Laufullie cited oft tymes called and not Compeareing Compeared Mr Hwgh Dallrumple Mr William Callderwood and Mr Andrew Home Advocats as procurators for the haill defenders The Lybell and answers therto for the said Patrick Murray and his procurator fiscall being red The saids Lords haveing considered the lybell and answers made therto They Sustained the Lybell and ordained the witnesses to be receaved and four of the wittnesses being present at the barr made faith And they appointed a Comitie of ther own number to examine the witnesses and granted furder dilligence by Captione against the absent witnesses The which Comitie haveing accordinglie met and examined Diverse and Sundrie famous witnesses who being all Solemnlie sworne examined and interrogat deponed and declaired As ther oathes and depositiones extant in process bears And the said process being this day againe called in presence of the saids Lords in order to advise the probatione taken therin And the said Sir James Stewart Compeareing personallie as persewar and the said Mr Patrick Murrey of Pennyland ane of the defenders Compeareing alsoe personallie with Mr Hugh Dallrumple and Mr William Calderwood and Mr Andrew Home Advocats for the haill defenders The saids Lords haveing atlenth heard The Lord advocat And the Advocats for the defenders and haveing considered the depositiones taken and wrytes prodwced for aither pairtie in this process They Find ther is no collwsione nor precipitatione proven to have bein Committed by the said Mr Patrick Murrey of Pennyland who is the Judge And therfor have assoillzed the haill foirnamed defenders from the lybell and haill points and articles therof and declares them qwitie therof and free therfrae in all tyme comeing

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/81

Decreet

Decreit His majesties Advocat Against Pennyland and others

Anent the Lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Counsell at the instance of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwrittin Makeing mentione That wher by the Lawes of this and all other well governed realmes All Judges and others to whom the administratione of Jwstice is intrwsted or who pretend to exerce the Same owght to administrat Justice fairlie eqwallie those principallie concerned not only to defend But to prosecute ther Just interest aither for reparatione or damnadges or ad vindictam privatam As also to assist ad vindictam publicam And that on the other hand the offering or attempting to precipitat tryalls and the faire course of Jwdgement by wndwe preventing of Such as have the onlie the best right and greatest interest to prosecute the tryall and who can give the most evidence and Light for determineing them on purpose to Suppress the trwe knowledge of the cryme offered to be tryed And to frie and Liberat the persone trwelie gwiltie by ane ill prepared tryall and a mock probatione and assize is a cryme of a high nature and owght to be Severely pwnished Nevertheles it is of veritie that Mr Patrick Murrey of Pennieland pretending to be Jwsticiary and Shereff depute of Caithnes and William Campbell his pretended Clerk in the foirsaid Jurisdictione and Robert Hendersone pretended procurator fiscall of the said Court Shakeing off all Dwe regaird to Jwstice and good order therof And to the foirsaid trwsts wherunto they doe pretend Are gwiltie of a most gross precipitatione of Justice and of a most wnwarrantable prosecutione of a cryme Committed within ther bownds on purpose to Suppress the trwe discoverie therof and to Liberat the criminall insoe far as That ther haveing happened a ryot in the towne of Weik of Caithnes upon the occasione of one James Murrey indweller ther his offering to eject Alexander Dowll alsoe indweller ther owt of his house and dwelling without right or dwe order of Law And the said James Murrey haveing in the said ryot Stoke with his foot upon the bellie the deceast Jennet Carrmock Spouse to the said Alexander then bigg with child And Donald Swtherland also indweller ther haveing violentlie inclosed the said Jennet with a Staff or battone cross her bellie and thrwst her in Swch sort that of the said Strykeing and violent thrusting She therefter fell Sick and dyed which ryot happening about the end of October or beginning of November Jaj vic nyntie Six the said Jennet dyed as said is about the threttein of december therefter wherby it is manifest that the said Alexander Dowll her husband had the principall and wndoubted interest to prosecute the tryell of his wifes being killed and murdered in maner foirsaid But albeit that he was only gone to Edinburgh about his Laufull affairs befoir his wife fell Sick and Dyed and did imediatly upon heareing of her Sicknes take his way for Caithnes to repaire homeward yet the afoirsaid Patrick Murrey of Penneland William Campbell and Robert Hendersone purposed as it appeares to prevent and Stiffle the Jwst tryell of the foirsaid cryme and to Liberat the persones gwiltie therof did without waiteing the said Alexander Dowlls returne or makeing any intimatione to him aither to insist or assist at the tryell appoint and carie on a mock tryell the said William Campbell clerk And the said Patrick Murrey Judge of the foirsaid Jwrisdictione giveing out precepts at the instance of the said Robert Hendersone ther procurator fiscall for summonding assizes and witnesses as wse is in Swch tryells and the said James Murray and Donald Sutherland to ansuer in the said mater All which was Done within Less then thrie weeks efter the deficients decease and without either waiteing for or the Least intimatione made to her husband to assist in the tryell as said is which was certainlie a visible precipitatione and of the worst example and yet was furder aggravat in soe farr that our Alexander Sinclaire appeared and protested against ther said proceedings both in behalf of the said Alexander Dowll and also of the magistrats of Weik who had conveened the said James Murrey and Donald Southerland to appeare before them not for a tryell as is falselie pretended but to cause them find Cautione to ansuer to the said mater befor the Lords of privie Counsell or Lords of Justiciarie which was a verie Laufull practice and might have Served for ane example to the foirsaid Shirreff deput and his clerk and Fiscall But notwithstanding of the said protest and the instruments taken therupon therwith prodwced the foirsaid Shirreff depute Clerk and Fiscall would not desist but went on and advised the relevancie of the lybell Constitute and Swore and assize and took probatione and manadged all in Swch Sort that the Criminalls were assoillzed which being a most gross precipitatione of Justice as said is caried on in soe Short a Space without waiteing for her husband And certainly owt of partialitie because of ther relatione to the pannalls and being of a most perniciows example for Stiffleing and frwstrateing the Just tryell of all crymes ought to be severely pwnished animadverted to and that without regaird to what is or may be materiall in the process And therfore the saids Patrick Mwrray William Campbell and Robert Hendersone being gwiltie airt and pairt of the Same ought to be Severely pwnished by deprivatione from ther said pretended offices and declaired wncapable therof for any Swch trwst for the furutre And furder in ther persone and goods As the Saids Lords of our privie Cownsell Shall think fitt to the example and terror of others to Commit the lyke in tyme comeing And anent the charge given to the saids defenders to have Compeared personallie befor 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 Swch order and course taken theranent as the saids Lords should think fitt wnder the paine of Rebellione etc As the saids principall lybell or Letters of complaint with the executiones therof in themselvs more fullie proports Which lybell being upon the fiftein of Jwllie Last called in presence of the saids Lords of privie Counsell And his majesties Advocat persewar Compeareing personallie And the said Patrick Murrey one of the defenders Compeareing also personallie And the said William Campbell clerk and Robert Hendersone being Laufullie cited oft tymes called and not Compeareing Compeared Mr Hwgh Dallrumple Mr William Callderwood and Mr Andrew Home Advocats as procurators for the haill defenders The Lybell and answers therto for the said Patrick Murray and his procurator fiscall being red The saids Lords haveing considered the lybell and answers made therto They Sustained the Lybell and ordained the witnesses to be receaved and four of the wittnesses being present at the barr made faith And they appointed a Comitie of ther own number to examine the witnesses and granted furder dilligence by Captione against the absent witnesses The which Comitie haveing accordinglie met and examined Diverse and Sundrie famous witnesses who being all Solemnlie sworne examined and interrogat deponed and declaired As ther oathes and depositiones extant in process bears And the said process being this day againe called in presence of the saids Lords in order to advise the probatione taken therin And the said Sir James Stewart Compeareing personallie as persewar and the said Mr Patrick Murrey of Pennyland ane of the defenders Compeareing alsoe personallie with Mr Hugh Dallrumple and Mr William Calderwood and Mr Andrew Home Advocats for the haill defenders The saids Lords haveing atlenth heard The Lord advocat And the Advocats for the defenders and haveing considered the depositiones taken and wrytes prodwced for aither pairtie in this process They Find ther is no collwsione nor precipitatione proven to have bein Committed by the said Mr Patrick Murrey of Pennyland who is the Judge And therfor have assoillzed the haill foirnamed defenders from the lybell and haill points and articles therof and declares them qwitie therof and free therfrae in all tyme comeing

1. NRS, PC2/27, 33r-35v.

1. NRS, PC2/27, 33r-35v.

Decreet, 5 August 1697 (pm), Edinburgh

Posted on by

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/71

Decreet

Decreit Alexander Dowll Against James Murray

Anent the lybell or Letters of complaint raised and persewed befoir The Lords of his majesties privie Counsell at the instance of Alexander Dowll Late baillie of Week with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwrittin Makeing mentione That wher by the Lawes of this and all other well governed realmes The crymes of oppressione and violent and maisterfull ejectione without the dwe order of Law As also of maleverseing in publict offices to the prejudice of pairties concerned Are Crymes of a high nature and owght to be Severelie pwnished Especiallie wher the Same is committed under the pretext of Jwstice and Jwdgement and the forme therof only abwsed and the verie minwts wher the Same is Committed and of process Counteracted for the carieing on the said oppressione and violence Nevertheles It is of veritie that James Murray merchand in Week as pretended factor for John Dowll of Chattom in England haveing maliciowselie raised in the moneth of May or Jwne Last ane actione of removeing against the said Alexander Dowgll Complainer to remove from his house in Weik of Caithnes the said James Murray did carie on the perswite with all the haist he could hopeing that in that remotest pairt of the Kingdome he might gett throw a decreit befoir any Advocatione could be brought from Edinburgh And haveing made his own way with the Shirreff depute Judge in the cause But Speciallie with William Campbell the Clerk and Gilbert Owmand his clerk depute first he getts the actione to be called the beginning of Jwne and when the said Complainers procurators craved up the Lybell and grownds therof to Sie and answer the persewer replyed that noe inspectione owght to be granted to the said complainer nor noe defence heard for him untill first he fownd Cautione for the violent profeits which the Judge Swstained ordaineing the Complainer to give in his peremptor defensses and find Cautione the next Court day without Soe much as ordaining him to have inspectione of the lybell and grounds therof And plainely contrair to the act of parliament and Daylie practiq which appoints defenders in removeing to find Cautione only in the caise that they propone a dilator or a peremptor defense requyreing probatione Secundlie when the next court day came Viz the Eleventh of Jwne the said James Murrey by the meanes of the Jwdge and clerk obtained Sentance pronunced because the said Complainer did not prodwce his defensses and Cautione which defensses he could not prodwce not haveing sein the Lybell and grownds therof But with this Strainge qwalitie that the Jwdge Superceeded extracting untill that he revised the process This Jwdgeing without Judgement And therefter upon the Sixtein day of the said moneth of Jwne the Said Complainer compeared personallie and prodwces ane Advocatione Dwelie past and protested that the said Jwdge might proceed not furder But the advocatione is marked by Gilbert Owmand the Subclerk to be prodwced in Judgement the Said Sixtein day of Jwne and admitted as the advocatione on the back bears yet the said persewar alleadgeing that the advocatione was not prodwced debito tempore The Judge Sustaines the alleadgeance and gives out his Decreit which yet bears date upon the verie Said Sixtein day of Jwne that the Advocatione was prodwced and admitted wherby it is most manifest that this decreit was impetrat and obtained by meer oppressione of the persewar and clerk and Specially the clerk who extracted the Same efter the advocatione prodwced and dwely admitted and marked and who in these remote pairts tirranzes and his pleasure as can be instantlie veriefied by the prodwceing of decreets of that Court wherin he both Sitts as Judge and Subscribes as clerk a thing most inconsistent and absurd And the Said James Murray persewar not content with this foirsaid oppressione goes on to execute the said decreit and not knowing perfitely that at that distance it was impossible for the said Complainer to report a Suspensione within the fiftein dayes of the precepts he goes on the more vigorowselie and not contenting himself to execute a precept of removeing in the ordinarie maner He with William Murray and Donald Swtherland both inhabitants in Weik his complices without any warrand to make open doors forces and breaks up the doors And Likewayes tires and wncovers a part of the rooff of the house beatting also those those2 in the house and Speciallie the Complainers wife whom the said James Murray did beatt with his foot on the bellie that being with child She kept her bed ten dayes and was in hazard of miscarieing And soe by maisterfwll and wnwarrantable violence throwes owt the said Complainer his Wife bairnes and goods haveing the goods upon the Streets all broken and Spoilled by his violence to be furder exposed to be Stollen as otherwayes abwsed as must necessarly happen in Swch caices and Still retaines the house in his possessione most violentlie and wnjustlie and yet have had the impwdence to raise a new actione of deforcement against the said Complainer as if he Still kept him owt of the possessione befor the Same Shirreff depute and clerk on purpose to rwine him wtterlie in soe remote a concurr By all which it is manifest that the said James Murrey and William Campbell and ther said Complainers they and each of them are gwiltie airt and pairt of manifest oppressione violence and Spoillzie which being verified and proven they owght and Should be decerned to restore to the Said Complainer the said possessione cum omni causa And Likewayes to pay to the Said Complainer the Soume of Two Thowsand and five Hundereth merks Scotts money of Damnadges And furder that they be pwnished in ther persones and goods As the Lords of our privie Cownsell Shall Sie cause to the example and terror of others to Committ the Lyke in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befor the saids Lords of privie Counsell at ane certaine day now by past wnder the paine of rebellion etc As the said lybell or Letters of Complaint with the executiones therof more fullie proports Which lybell or Letters of Complaint being upon the eightein day of March Jaj vic nyntie seven yeirs Called in presence of the saids Lords of his majesties privie Counsell with the lybell of reconventione the said James Murray William Campbell and Mr Patrick Murray against the said Alexander Dowll persewar in the principall cause being Likewayes called in presence of the saids Lords And the persewer of the principall cause who is the defender in the reconventione Compeareing personallie with Sir David Thores and Sir […] Home his advocats And the said James Murrey persewar in the reconventione and William Murrey and David Swtherland who are both defenders in the principall cause Compeareing personallie with Sir Patrick Home Mr Hewgh Dallrimple and Mr Andrew Home ther advocats and Mr Patrick Murray and William Campbell two of the persewars in the reconventione and the saids William Campbell and Gilbert Owmand two of the defenders in the principall cause being Laufullie cited oft tymes called and not Compeareing The Counsell haveing heard the principall lybell and answers made therto read in ther presence and haveing considered the same with the reconventione and haveing heard both pairties Lawiers They admitted both lybells to probatione and the wittnesses in both lybells who were cited and compeareing haveing made faith at the barr The Saids Lords appointed a Comitie of ther own number to examine the wittnesses and granted furder dilligence by Captione against the absent wittnesses both at the presewar of the principall lybells instance and at the persewar of the reconventiones instance Which Comitie haveing accordinglie mett and examined Diverse and Sundrie famous wittnesses who being all Solemnly Sworne and examined and interrogat deponed and declaired As ther oathes and depositiones extant in process bears And the said process being againe this day called in presence of the saids Lords of privie Counsell in order to advise the probatione And the persewer Compeareing personallie with Sir James Stewart his majesties advocat Sir Patrick Home Sir David Thores and Mr James Nasmith advocats for the said persewar and James Murrey one of the saids defenders Compeareing personally with Mr Hwgh Dallrimple Mr William Callderwood and Mr Andrew Home Advocats for the haill defenders The Councell haveing atlenth heard both pairties Lawiers and haveing considered the writts prodwced They find that John Dowll who is persewar of the removeing and is cited in the advocatione was not concerned to desist from the said removeing Seing the Jwdge repelled the Advocatione and pronunced decreit And finds no ryot proven against the defenders called in the lybell And therfore Have Assoillzed and heirby assoillzies the defenders from the lybell of ryot in respect ther hes been a criminall process persewed for the alleadged murdering of the said Alexander Dowlls wife and the persones called in that process are assoillzied Reserveing to the persewar to insist befor The Lords of privie Counsell or Sessione or any competent Judge against Mr Patrick Murray of Pennyland the Judge for acting Spreto manfato Jwdicis

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem

D1697/8/71

Decreet

Decreit Alexander Dowll Against James Murray

Anent the lybell or Letters of complaint raised and persewed befoir The Lords of his majesties privie Counsell at the instance of Alexander Dowll Late baillie of Week with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwrittin Makeing mentione That wher by the Lawes of this and all other well governed realmes The crymes of oppressione and violent and maisterfull ejectione without the dwe order of Law As also of maleverseing in publict offices to the prejudice of pairties concerned Are Crymes of a high nature and owght to be Severelie pwnished Especiallie wher the Same is committed under the pretext of Jwstice and Jwdgement and the forme therof only abwsed and the verie minwts wher the Same is Committed and of process Counteracted for the carieing on the said oppressione and violence Nevertheles It is of veritie that James Murray merchand in Week as pretended factor for John Dowll of Chattom in England haveing maliciowselie raised in the moneth of May or Jwne Last ane actione of removeing against the said Alexander Dowgll Complainer to remove from his house in Weik of Caithnes the said James Murray did carie on the perswite with all the haist he could hopeing that in that remotest pairt of the Kingdome he might gett throw a decreit befoir any Advocatione could be brought from Edinburgh And haveing made his own way with the Shirreff depute Judge in the cause But Speciallie with William Campbell the Clerk and Gilbert Owmand his clerk depute first he getts the actione to be called the beginning of Jwne and when the said Complainers procurators craved up the Lybell and grownds therof to Sie and answer the persewer replyed that noe inspectione owght to be granted to the said complainer nor noe defence heard for him untill first he fownd Cautione for the violent profeits which the Judge Swstained ordaineing the Complainer to give in his peremptor defensses and find Cautione the next Court day without Soe much as ordaining him to have inspectione of the lybell and grounds therof And plainely contrair to the act of parliament and Daylie practiq which appoints defenders in removeing to find Cautione only in the caise that they propone a dilator or a peremptor defense requyreing probatione Secundlie when the next court day came Viz the Eleventh of Jwne the said James Murrey by the meanes of the Jwdge and clerk obtained Sentance pronunced because the said Complainer did not prodwce his defensses and Cautione which defensses he could not prodwce not haveing sein the Lybell and grownds therof But with this Strainge qwalitie that the Jwdge Superceeded extracting untill that he revised the process This Jwdgeing without Judgement And therefter upon the Sixtein day of the said moneth of Jwne the Said Complainer compeared personallie and prodwces ane Advocatione Dwelie past and protested that the said Jwdge might proceed not furder But the advocatione is marked by Gilbert Owmand the Subclerk to be prodwced in Judgement the Said Sixtein day of Jwne and admitted as the advocatione on the back bears yet the said persewar alleadgeing that the advocatione was not prodwced debito tempore The Judge Sustaines the alleadgeance and gives out his Decreit which yet bears date upon the verie Said Sixtein day of Jwne that the Advocatione was prodwced and admitted wherby it is most manifest that this decreit was impetrat and obtained by meer oppressione of the persewar and clerk and Specially the clerk who extracted the Same efter the advocatione prodwced and dwely admitted and marked and who in these remote pairts tirranzes and his pleasure as can be instantlie veriefied by the prodwceing of decreets of that Court wherin he both Sitts as Judge and Subscribes as clerk a thing most inconsistent and absurd And the Said James Murray persewar not content with this foirsaid oppressione goes on to execute the said decreit and not knowing perfitely that at that distance it was impossible for the said Complainer to report a Suspensione within the fiftein dayes of the precepts he goes on the more vigorowselie and not contenting himself to execute a precept of removeing in the ordinarie maner He with William Murray and Donald Swtherland both inhabitants in Weik his complices without any warrand to make open doors forces and breaks up the doors And Likewayes tires and wncovers a part of the rooff of the house beatting also those those2 in the house and Speciallie the Complainers wife whom the said James Murray did beatt with his foot on the bellie that being with child She kept her bed ten dayes and was in hazard of miscarieing And soe by maisterfwll and wnwarrantable violence throwes owt the said Complainer his Wife bairnes and goods haveing the goods upon the Streets all broken and Spoilled by his violence to be furder exposed to be Stollen as otherwayes abwsed as must necessarly happen in Swch caices and Still retaines the house in his possessione most violentlie and wnjustlie and yet have had the impwdence to raise a new actione of deforcement against the said Complainer as if he Still kept him owt of the possessione befor the Same Shirreff depute and clerk on purpose to rwine him wtterlie in soe remote a concurr By all which it is manifest that the said James Murrey and William Campbell and ther said Complainers they and each of them are gwiltie airt and pairt of manifest oppressione violence and Spoillzie which being verified and proven they owght and Should be decerned to restore to the Said Complainer the said possessione cum omni causa And Likewayes to pay to the Said Complainer the Soume of Two Thowsand and five Hundereth merks Scotts money of Damnadges And furder that they be pwnished in ther persones and goods As the Lords of our privie Cownsell Shall Sie cause to the example and terror of others to Committ the Lyke in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befor the saids Lords of privie Counsell at ane certaine day now by past wnder the paine of rebellion etc As the said lybell or Letters of Complaint with the executiones therof more fullie proports Which lybell or Letters of Complaint being upon the eightein day of March Jaj vic nyntie seven yeirs Called in presence of the saids Lords of his majesties privie Counsell with the lybell of reconventione the said James Murray William Campbell and Mr Patrick Murray against the said Alexander Dowll persewar in the principall cause being Likewayes called in presence of the saids Lords And the persewer of the principall cause who is the defender in the reconventione Compeareing personallie with Sir David Thores and Sir […] Home his advocats And the said James Murrey persewar in the reconventione and William Murrey and David Swtherland who are both defenders in the principall cause Compeareing personallie with Sir Patrick Home Mr Hewgh Dallrimple and Mr Andrew Home ther advocats and Mr Patrick Murray and William Campbell two of the persewars in the reconventione and the saids William Campbell and Gilbert Owmand two of the defenders in the principall cause being Laufullie cited oft tymes called and not Compeareing The Counsell haveing heard the principall lybell and answers made therto read in ther presence and haveing considered the same with the reconventione and haveing heard both pairties Lawiers They admitted both lybells to probatione and the wittnesses in both lybells who were cited and compeareing haveing made faith at the barr The Saids Lords appointed a Comitie of ther own number to examine the wittnesses and granted furder dilligence by Captione against the absent wittnesses both at the presewar of the principall lybells instance and at the persewar of the reconventiones instance Which Comitie haveing accordinglie mett and examined Diverse and Sundrie famous wittnesses who being all Solemnly Sworne and examined and interrogat deponed and declaired As ther oathes and depositiones extant in process bears And the said process being againe this day called in presence of the saids Lords of privie Counsell in order to advise the probatione And the persewer Compeareing personallie with Sir James Stewart his majesties advocat Sir Patrick Home Sir David Thores and Mr James Nasmith advocats for the said persewar and James Murrey one of the saids defenders Compeareing personally with Mr Hwgh Dallrimple Mr William Callderwood and Mr Andrew Home Advocats for the haill defenders The Councell haveing atlenth heard both pairties Lawiers and haveing considered the writts prodwced They find that John Dowll who is persewar of the removeing and is cited in the advocatione was not concerned to desist from the said removeing Seing the Jwdge repelled the Advocatione and pronunced decreit And finds no ryot proven against the defenders called in the lybell And therfore Have Assoillzed and heirby assoillzies the defenders from the lybell of ryot in respect ther hes been a criminall process persewed for the alleadged murdering of the said Alexander Dowlls wife and the persones called in that process are assoillzied Reserveing to the persewar to insist befor The Lords of privie Counsell or Sessione or any competent Judge against Mr Patrick Murray of Pennyland the Judge for acting Spreto manfato Jwdicis

1. NRS, PC2/27, 30r-33r.

2. Sic.

1. NRS, PC2/27, 30r-33r.

2. Sic.

Sederunt, 5 August 1697 (pm), Edinburgh

Posted on by

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem1

D1697/8/62

Sederunt

Lord Chancellor; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Ruglen; Viscount Tarbat; Lord Forbes; Lord Belhaven; Lord Carmichael; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh; Laird of Kelburne; Sir Patrick Murray

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem1

D1697/8/62

Sederunt

Lord Chancellor; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Ruglen; Viscount Tarbat; Lord Forbes; Lord Belhaven; Lord Carmichael; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh; Laird of Kelburne; Sir Patrick Murray

1. NRS, PC2/27, 30r.

2. NRS, PC2/27, 30r.

1. NRS, PC2/27, 30r.

2. NRS, PC2/27, 30r.

Proclamation, 5 August 1697 (pm), Edinburgh

Posted on by

Att Edinburgh Eadem die post meridiem

A1697/8/221

Proclamation

Proclamation for the ready Inbringing of the annexed and additionall excyse

William By the Grace of God King of Great Britaine France and Ireland Defendar of the faith To […] Macers of our privie Councill Messengers at arms our shirreffs in that pairt Conjunctly and Severally speciallie Constitut Greeting Forasmuchas by the second Act of the sixth session of this our Current parliament The Lords of our privy Councill are authorized and Impoured to prescribe such other Methods and orders (besyds what is mentioned in the said Act) as they should Judge Necessary For the better uplifting and Ingathering of the additionall excise Imposed upon the respective Liquors specified in the said Act And speciallie for Causing the same to be raised and uplifted upon the Liquor and not upon the malt And we Considering how necessar it is for the better Inbringing the annexed and additionall excise and for determining all differences betuixt the breuers and the Tacksemen of the said annexed and additionall excise and their subtacksemen and Collectors from the first day of march Jaj vic nyntie seven to the first day of March Jaj vic nyntie Eight during which space the said annexed and additionall excise is now sett in Tack that all Entries of Liquors of whatsoever sort breuen and Imported Lyable to the said excise be duely and tymously made Doe therfore uith advyce of the Lords of our privie Councill Require and Command the Commissioners of supplie of the severall shires uithin this Kingdome qualified according to Law and residing uithin the shire and who by the said Act of parliament are appointed Commissioners of the said annexed excise to meet at the head burgh of the respective shires the first teusday of september nixt to Come And at their said meeting to setle and appoint places uithin six mylles wher the breuers lives wher the publick excise offices shall be most Conveniently keeped for the breuers to Enter and Give up the quantaties of Liquors breuen by them Lyable in payment of the said excise And appointes the saids Commissioners Immediately after designing places for the saids offices To Cause make publick Intimation at all the Church doors uithin the saids respective shires of the particular plaices designed by them for the severall excise offices with Certification to the saids Commissioners or any of them residing uithin the saids respective shires who shall failzie to meet the first teusday of september nixt to Come and to appoint and designe the particular places for excise offices In manner aboveexprest their names shall be returned by their Clerk to the Lords of our privie Councill To the effect that they may take such course theruith as they shall see Cause And ue uith advyce forsaid require and Command the saids Commissioners to meet the first teusday of every month therafter during the Continuance of the said additionall excise In manner and for the ends prescribed and sett doun in the forsaid Act of parliament And ue uith advyce forsaid require and Command the whole breuers uithin the bounds allotted for the saids respective excise offices to waite upon the saids respective Commissioners therat upon the first teusday of september above exprest uithout any furder Intimation charge or Citation to be Given to them by the saids tacksemen subtacksemen or Collectors of the said annexed and additionall excise but the publicatione heirof allenarly And ther to Give in and make and the saids Commissioners to receave from them full and faithfull entries of all Liquors breuen or retailed uithin the saids bounds Lyable in payment of the said annexed and additionall excise since the first day of March last Inclusive to the said first teusday of september Jaj vic nyntie seven And Because the breuers and others Lyable to the said Excise for want of tymous Intimation for the said month of march and therafter may pretend that they Cannot give their oaths if required upon the precise quantaty of their breuing or liquors retailed by them during the said space They are therfore heirby alloued to Give their oaths in these termes that their said breuing or retaill hath not exceeded such a quantaty which is heirby held as sufficient to make them Lyable for the same Declaring heirby and Certifying such breuers and retailers who shall not Compear and attend the saids Commissioners the first teusday of every month for making the entery of all Liquors breuen or retailled by them Lyable to the said excise which shall be Contained in the claims or Complaints to be given in by the Tacksemen subtacksemen and Collectors against them for the preceeding months they shall beholden as Confest and Decreits given against them for the quantaties of Liquors Lyable to the forsaid annexed and additionall excise which shall be Contained in the Claims or Complaints to be Given in by the Tacksemen subtacksemen and Collectors against them provyding nevertheless that if the saids breuers who shall failzie to be holden as Confest shall at any tyme uithin three months therafter Compear before any tuo of the saids Commissioners And having first made due Intimation to the tacksemen make faith as above and report a Certificat theron under their hands they shall be reponed against the said Certificatione upon punctuall payment of what they shall be found due And we uith advyce forsaid appoint and ordaine that noe breuer uithin burgh of royaltie barrony or regality vend or sell any pairt of their brousts untill first they make entery therof at the excise office uithin the respective burghs And ther obtaine a sufferance for the quantaty breuen which the keeper of the officer is to Give gratis and uithout delay And that in case of none entery or wrongous Entery The breuer uithin burgh to be lyable in the soume of ten pounds toties quoties And all execution Competent shall be made use of by our tacksemen subtacksemen or Collectors against the respective breuers for the same And which Enteries may be disproven before any magistrat Justice of peace or Commissioner of excise by uitnesses or oath of party notuithstanding of any survey made by the surveyors and uaiters And that all breuers barrells be so whereafter marked uith their oune name and the seall of the nixt excise office which seall shall be furnished to them gratis As also that noe persons persume to resett any ale drinking beer in their houses In order to the Imbazling of the samen under the paine of ten pounds Scotts toties quoties to be paid to the forsaids tacksemen their subtacksemen or Collectors And farder that all tapsters and vintners of ale and drinking beer shall for herafter before they tap or vend the same take first a Licence from the nixt excise office And ther give bond and Caution that they shall not tapp nor sell for less pryces then these appointed by the Act of parliament under the penaltie of ten pounds scotss toties quoties It being aluayes in the pouer of the Commissioners of Supplie and excise to modifie the saids penalties when Incurred as to all breuers not Living in burghs of royaltie regality or barrony And in regaird the excise of strong uaters aquavitie Brandie and foraign beer and ale Is ordered by the said Act of parliament to be paid by the retaillers Therfore we uith advyce of the Lords of our privie Councill require and Command all breuers of aquavitie and strong waters to make monthly enteries of the quantaties of the saids Liquors breuen by them And Give in subscribed Lists to the nixt excise office of the names of the persons to whom they sell their aquavitie or strong waters to be againe sold by retaill As Lykewise that the Collectors Clerks or surveyors at sea ports Give up a true and particular accompt to the saids Tacksemen their subtacksemen or Collectors of the said excise of the quantaties of forraign strong uaters brandy and foraign beer and ale Imported from tyme to tyme and who is the merchant Importer As also that the said merchant Importer and all other persons who now pretend to sell the forsaids Liquors in haill sale Conform to the Late Act of parliament That is to say above a pynt be lyable and obleidged to Give and delyver subscribed Lists to the saids Tacksemen or their subtacksemen deputes and Collectors of the persons names to whom they sell the said brandie strong waters or Forraign beer and ale for retaill and of the quantaties sold to them To the effect that the saids retaillers may be still Lyable for the excise therof And in caise the saids Commissioners or at Leist tuo of them shall faill yet to meet and attend the saids respective excise offices upon the said first teusday of September nixt or upon the first teusday of any subsequent month during the Continuance of the said additionall excise The whole devision and each of them residing uithin the said shire under the Certification forsaid And after Instruments taken against them of their failzie to meet and attend as said is We uith advyce forsaid require and Command the shirreffs and their deputs or such as the shirreffs shall Substitut to each particular dyet for that effect allanerly to repaire to the saids respective offices uithin tuenty four houres after they shall be desyred by the tacksemen their subtacksemen their deputies and Collectors of the said annexed or additionall excise Their summarly to Judge upon what occurs within the bounds of that office In reference to the said annexed or additionall excise Certifying the saids shirreffs their deputes or substituts if they failzie they shall be punished as the Lords of our privie Councill shall think fitt And further we with advyce forsaid prohibite and discharge any of the Commissioners of supplie or other Inferior Judges or officers of the Law uithin this our realme to Stopp or hinder other quartering poynding or any other Laufull execution that shall be used by our tacksemen their subtacksemen deputes and Collectors of the said annexed or additionall excise against the respective Breuers and Retailers Conform to the Enteries that shall be made by them or according to the quantatie of Liquors retailled by them or wherupon they shall be holden as Confest In manner and before the Judges abovementioned except in the Case forsaid under the paine of being not only Lyable for the charges and damnages our saids Tacksemen their subtacksemen and Collectors shall sustaine and Incurr therthrough But also to such farder paines as the Lords of our privie Councill shall think fitt And Lastly It is heirby declared that all the penall toties quoties abovementioned are to be understood not for every delinquency but allanerly for every Conviction and for one single transgression to be therin found Our Will is Heirfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of the heard burghs of the severall shires and steuartries uithin this kingdom And ther In our name and authority by open proclamation make Intimation heirof that none pretend ignorance And ordaines printed Coppies heirof to be sent to the shirreffs of the severall shires and steuarts of the steuartries uithin this Kingdome whom and their Clerks we ordaine to see the samen published and Coppies therof affixed at their said mercat Crosses And appointes them to send doubles therof to all the ministers both in Churches and metting houses uithin their respective Jurisdictions That upon the Lords day Immediately preceeding the said first teusday of september nixt The same may be Intimat and read in every paroch church and meeting house and a Coppie of the same affixed upon the most publick door therof And ordaines these presents to be printed Given under our signet at Edinburgh the third day of Agust and of our reigne the nynth year 1697 sic subscribitur.

Att Edinburgh Eadem die post meridiem

A1697/8/221

Proclamation

Proclamation for the ready Inbringing of the annexed and additionall excyse

William By the Grace of God King of Great Britaine France and Ireland Defendar of the faith To […] Macers of our privie Councill Messengers at arms our shirreffs in that pairt Conjunctly and Severally speciallie Constitut Greeting Forasmuchas by the second Act of the sixth session of this our Current parliament The Lords of our privy Councill are authorized and Impoured to prescribe such other Methods and orders (besyds what is mentioned in the said Act) as they should Judge Necessary For the better uplifting and Ingathering of the additionall excise Imposed upon the respective Liquors specified in the said Act And speciallie for Causing the same to be raised and uplifted upon the Liquor and not upon the malt And we Considering how necessar it is for the better Inbringing the annexed and additionall excise and for determining all differences betuixt the breuers and the Tacksemen of the said annexed and additionall excise and their subtacksemen and Collectors from the first day of march Jaj vic nyntie seven to the first day of March Jaj vic nyntie Eight during which space the said annexed and additionall excise is now sett in Tack that all Entries of Liquors of whatsoever sort breuen and Imported Lyable to the said excise be duely and tymously made Doe therfore uith advyce of the Lords of our privie Councill Require and Command the Commissioners of supplie of the severall shires uithin this Kingdome qualified according to Law and residing uithin the shire and who by the said Act of parliament are appointed Commissioners of the said annexed excise to meet at the head burgh of the respective shires the first teusday of september nixt to Come And at their said meeting to setle and appoint places uithin six mylles wher the breuers lives wher the publick excise offices shall be most Conveniently keeped for the breuers to Enter and Give up the quantaties of Liquors breuen by them Lyable in payment of the said excise And appointes the saids Commissioners Immediately after designing places for the saids offices To Cause make publick Intimation at all the Church doors uithin the saids respective shires of the particular plaices designed by them for the severall excise offices with Certification to the saids Commissioners or any of them residing uithin the saids respective shires who shall failzie to meet the first teusday of september nixt to Come and to appoint and designe the particular places for excise offices In manner aboveexprest their names shall be returned by their Clerk to the Lords of our privie Councill To the effect that they may take such course theruith as they shall see Cause And ue uith advyce forsaid require and Command the saids Commissioners to meet the first teusday of every month therafter during the Continuance of the said additionall excise In manner and for the ends prescribed and sett doun in the forsaid Act of parliament And ue uith advyce forsaid require and Command the whole breuers uithin the bounds allotted for the saids respective excise offices to waite upon the saids respective Commissioners therat upon the first teusday of september above exprest uithout any furder Intimation charge or Citation to be Given to them by the saids tacksemen subtacksemen or Collectors of the said annexed and additionall excise but the publicatione heirof allenarly And ther to Give in and make and the saids Commissioners to receave from them full and faithfull entries of all Liquors breuen or retailed uithin the saids bounds Lyable in payment of the said annexed and additionall excise since the first day of March last Inclusive to the said first teusday of september Jaj vic nyntie seven And Because the breuers and others Lyable to the said Excise for want of tymous Intimation for the said month of march and therafter may pretend that they Cannot give their oaths if required upon the precise quantaty of their breuing or liquors retailed by them during the said space They are therfore heirby alloued to Give their oaths in these termes that their said breuing or retaill hath not exceeded such a quantaty which is heirby held as sufficient to make them Lyable for the same Declaring heirby and Certifying such breuers and retailers who shall not Compear and attend the saids Commissioners the first teusday of every month for making the entery of all Liquors breuen or retailled by them Lyable to the said excise which shall be Contained in the claims or Complaints to be given in by the Tacksemen subtacksemen and Collectors against them for the preceeding months they shall beholden as Confest and Decreits given against them for the quantaties of Liquors Lyable to the forsaid annexed and additionall excise which shall be Contained in the Claims or Complaints to be Given in by the Tacksemen subtacksemen and Collectors against them provyding nevertheless that if the saids breuers who shall failzie to be holden as Confest shall at any tyme uithin three months therafter Compear before any tuo of the saids Commissioners And having first made due Intimation to the tacksemen make faith as above and report a Certificat theron under their hands they shall be reponed against the said Certificatione upon punctuall payment of what they shall be found due And we uith advyce forsaid appoint and ordaine that noe breuer uithin burgh of royaltie barrony or regality vend or sell any pairt of their brousts untill first they make entery therof at the excise office uithin the respective burghs And ther obtaine a sufferance for the quantaty breuen which the keeper of the officer is to Give gratis and uithout delay And that in case of none entery or wrongous Entery The breuer uithin burgh to be lyable in the soume of ten pounds toties quoties And all execution Competent shall be made use of by our tacksemen subtacksemen or Collectors against the respective breuers for the same And which Enteries may be disproven before any magistrat Justice of peace or Commissioner of excise by uitnesses or oath of party notuithstanding of any survey made by the surveyors and uaiters And that all breuers barrells be so whereafter marked uith their oune name and the seall of the nixt excise office which seall shall be furnished to them gratis As also that noe persons persume to resett any ale drinking beer in their houses In order to the Imbazling of the samen under the paine of ten pounds Scotts toties quoties to be paid to the forsaids tacksemen their subtacksemen or Collectors And farder that all tapsters and vintners of ale and drinking beer shall for herafter before they tap or vend the same take first a Licence from the nixt excise office And ther give bond and Caution that they shall not tapp nor sell for less pryces then these appointed by the Act of parliament under the penaltie of ten pounds scotss toties quoties It being aluayes in the pouer of the Commissioners of Supplie and excise to modifie the saids penalties when Incurred as to all breuers not Living in burghs of royaltie regality or barrony And in regaird the excise of strong uaters aquavitie Brandie and foraign beer and ale Is ordered by the said Act of parliament to be paid by the retaillers Therfore we uith advyce of the Lords of our privie Councill require and Command all breuers of aquavitie and strong waters to make monthly enteries of the quantaties of the saids Liquors breuen by them And Give in subscribed Lists to the nixt excise office of the names of the persons to whom they sell their aquavitie or strong waters to be againe sold by retaill As Lykewise that the Collectors Clerks or surveyors at sea ports Give up a true and particular accompt to the saids Tacksemen their subtacksemen or Collectors of the said excise of the quantaties of forraign strong uaters brandy and foraign beer and ale Imported from tyme to tyme and who is the merchant Importer As also that the said merchant Importer and all other persons who now pretend to sell the forsaids Liquors in haill sale Conform to the Late Act of parliament That is to say above a pynt be lyable and obleidged to Give and delyver subscribed Lists to the saids Tacksemen or their subtacksemen deputes and Collectors of the persons names to whom they sell the said brandie strong waters or Forraign beer and ale for retaill and of the quantaties sold to them To the effect that the saids retaillers may be still Lyable for the excise therof And in caise the saids Commissioners or at Leist tuo of them shall faill yet to meet and attend the saids respective excise offices upon the said first teusday of September nixt or upon the first teusday of any subsequent month during the Continuance of the said additionall excise The whole devision and each of them residing uithin the said shire under the Certification forsaid And after Instruments taken against them of their failzie to meet and attend as said is We uith advyce forsaid require and Command the shirreffs and their deputs or such as the shirreffs shall Substitut to each particular dyet for that effect allanerly to repaire to the saids respective offices uithin tuenty four houres after they shall be desyred by the tacksemen their subtacksemen their deputies and Collectors of the said annexed or additionall excise Their summarly to Judge upon what occurs within the bounds of that office In reference to the said annexed or additionall excise Certifying the saids shirreffs their deputes or substituts if they failzie they shall be punished as the Lords of our privie Councill shall think fitt And further we with advyce forsaid prohibite and discharge any of the Commissioners of supplie or other Inferior Judges or officers of the Law uithin this our realme to Stopp or hinder other quartering poynding or any other Laufull execution that shall be used by our tacksemen their subtacksemen deputes and Collectors of the said annexed or additionall excise against the respective Breuers and Retailers Conform to the Enteries that shall be made by them or according to the quantatie of Liquors retailled by them or wherupon they shall be holden as Confest In manner and before the Judges abovementioned except in the Case forsaid under the paine of being not only Lyable for the charges and damnages our saids Tacksemen their subtacksemen and Collectors shall sustaine and Incurr therthrough But also to such farder paines as the Lords of our privie Councill shall think fitt And Lastly It is heirby declared that all the penall toties quoties abovementioned are to be understood not for every delinquency but allanerly for every Conviction and for one single transgression to be therin found Our Will is Heirfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of the heard burghs of the severall shires and steuartries uithin this kingdom And ther In our name and authority by open proclamation make Intimation heirof that none pretend ignorance And ordaines printed Coppies heirof to be sent to the shirreffs of the severall shires and steuarts of the steuartries uithin this Kingdome whom and their Clerks we ordaine to see the samen published and Coppies therof affixed at their said mercat Crosses And appointes them to send doubles therof to all the ministers both in Churches and metting houses uithin their respective Jurisdictions That upon the Lords day Immediately preceeding the said first teusday of september nixt The same may be Intimat and read in every paroch church and meeting house and a Coppie of the same affixed upon the most publick door therof And ordaines these presents to be printed Given under our signet at Edinburgh the third day of Agust and of our reigne the nynth year 1697 sic subscribitur.

1. NRS, PC1/51, 252-7.

1. NRS, PC1/51, 252-7.

Act, 5 August 1697 (pm), Edinburgh

Posted on by

Att Edinburgh Eadem die post meridiem

A1697/8/211

Act

Act Thomas Johnstoun one of Everies Crue

Anent the petitione given in to the Lords of his Majesties privie Councill By Thomas Johnstoun saylor Sheuing That the petitioner having the misfortune to be named in the proclamation Issued furth against Everie and his Crue Is therby exposed to trouble albeit his being in Company of the said Everie uas not by choice but by force seing the petitioner was Ingadged in ane voyage to be a gun master of the Rebecca of Plymouth And did accordingly saile uith him to the Isle of May about the Latitude of fourteen degrees wher the said Everie in June Jaj vic nyntie four Did board the said ship wher the petitioner uas and by force Did Carry him auay and the Master and all the Ships Company as prisoners And plundered the ship And therafter the said Every did release them all except the petitioner whom he Carryed auay uith him by force altho the petitioner himself and the said John Laurie and others used their outmost Entreaties and endeavours to the Contrat And the petitioner did not Joyne uith the said Every in his piracies But was Compelled therto And hes aluayes behaved himself as ane honest man all which the petitioner documents and Instructs by the depositions of the said John Laurie and of Paull Beckfoord master of the James and Thomas of Plimouth (whose Company was made prisoners and ship plundered by the same Everie) taken before the mayor of plymouth And which depositiones were produced uith the said petition wherby It is Evident to their Lordships that the petitioner uas Compelled and prest to Goe alongst uith the said Every Contrair to his Inclination And therfore Humblie Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petition given in to them by the said Thomas Johnstoun uith the wrytts and documents mentioned therin and produced theruith for Instructing the same They heirby declare the petitioner to be free of the said proclamation or any hazard which he may Incurr therby And Descharges any persons or persone to trouble or molest the said petitioner upon accompt of his being in Company uith the said Captain Every In regaird It is Clearly documented by the wrytts produced that his being in Company uith the said Captain was by compulsione and Constraint And Declares the said petitioner to be at full freedome to goe about his affairs and follow his Laufull Imployment He behaving himself as his Majesties good subject.

Att Edinburgh Eadem die post meridiem

A1697/8/211

Act

Act Thomas Johnstoun one of Everies Crue

Anent the petitione given in to the Lords of his Majesties privie Councill By Thomas Johnstoun saylor Sheuing That the petitioner having the misfortune to be named in the proclamation Issued furth against Everie and his Crue Is therby exposed to trouble albeit his being in Company of the said Everie uas not by choice but by force seing the petitioner was Ingadged in ane voyage to be a gun master of the Rebecca of Plymouth And did accordingly saile uith him to the Isle of May about the Latitude of fourteen degrees wher the said Everie in June Jaj vic nyntie four Did board the said ship wher the petitioner uas and by force Did Carry him auay and the Master and all the Ships Company as prisoners And plundered the ship And therafter the said Every did release them all except the petitioner whom he Carryed auay uith him by force altho the petitioner himself and the said John Laurie and others used their outmost Entreaties and endeavours to the Contrat And the petitioner did not Joyne uith the said Every in his piracies But was Compelled therto And hes aluayes behaved himself as ane honest man all which the petitioner documents and Instructs by the depositions of the said John Laurie and of Paull Beckfoord master of the James and Thomas of Plimouth (whose Company was made prisoners and ship plundered by the same Everie) taken before the mayor of plymouth And which depositiones were produced uith the said petition wherby It is Evident to their Lordships that the petitioner uas Compelled and prest to Goe alongst uith the said Every Contrair to his Inclination And therfore Humblie Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petition given in to them by the said Thomas Johnstoun uith the wrytts and documents mentioned therin and produced theruith for Instructing the same They heirby declare the petitioner to be free of the said proclamation or any hazard which he may Incurr therby And Descharges any persons or persone to trouble or molest the said petitioner upon accompt of his being in Company uith the said Captain Every In regaird It is Clearly documented by the wrytts produced that his being in Company uith the said Captain was by compulsione and Constraint And Declares the said petitioner to be at full freedome to goe about his affairs and follow his Laufull Imployment He behaving himself as his Majesties good subject.

1. NRS, PC1/51, 251-2.

1. NRS, PC1/51, 251-2.