Edinburgh 5th December 1704

D1704/12/2

D1704/12/2¹

Act

Act for liberating Mr John Grieve furth of the Tolbuith of Selkirk

Annent the principall lybell or letters of Complaint raised and persued befor the Lords of her Majesties privy Councill, at the instance of Mr John Grieve of Pinacle with concourse of Sir James Steuart her Majesties Advocat for her highness interest in the matter underwritten Makeing mention That where by the Lawes of this and all well governed Nations the Seaseing of the Leidges, and depryveing them of their liberty without any warrand or authority of ane Judge, especially when the same was done by armed force, and with Cruelty against persons of age, And by ane invasion within our Kingdome of England, and the using of privat prisons are all Crymes of ane high nature, and Severly punishable, Yet Nevertheless it was of verity that Walter Scott late of Tushielaw, John Tout his Tennent […] Walter Scott merchant ther, Thomas MacDougall of Stodrigge and his Servant, William Purdie, Servitor to the Laird of Langlands, William Barrie Servant to […] William Loram Servant to Todrigg James […] Messenger in Kelso, James Scott Servant to Whitslade, Patrick Chisime Servant to Gledstones, at Sweat gairdner at Martine did upon the nynteenth day of November last J^aj vi^c and two years goe into England, being to the number of ten or twelve armed with Gunns Carrobines, Swords, Pistolls and therat or about the villadge of Cornhill Sorround and Sease the said Mr John Grieve Complainer a man of Sixtie three years of age, and he having indeavoured to throw himselfe of his horse, and Struggled for his liberty The Saids Defenders or ane or other of them did impiously and barbarously call out God damn him, murder the Day or words of the like import, and having forced him along through the Town and hawghs of Cornwall, and brought him through Tweed, the said Defenders carryed him to Kelso, where he was kept in a private house prisoner, untill ane Messenger and a Caption for a pretended debt was gott, and then they carryed the said Complainer to the Tolbuith of Selkirk, where he was Shutt up in a roume having Four windows with great iron grates without glass, or Shutters, and deprived of bed or other necessars, in the cold winter Season, therby making use of the Shaddow of Law, to continue what had been begun by unjust force and violence, and which was executed with the utmost Crueltie and severtie by all which the said Walter Scott and his accomplices abovenamed or ane or other of them, are guilty airt and pairt of the Crymes abovelybelled, and ought to be Decerned to repair the said Mr John Grieve of his Damnadges, Lykeas the said Mr John Grieve ought to be Sett at Libertie, and the said Walter Scott, and his accomplices punished in their persons and goods according to the demerite of the Cryme, to the Terror of others to Committ the like in tymecomeing, And Anent The charge given to the Saids Defenders to have Compeared personally² befor the Lords of her Majesties privie Councill, at ane certain day now bygone to have answered to the grounds of the forsaid Complaint, and to have heard and seen such order and Course taken theranent, as the saids Lords Should find just, as the said lybell or letters of Complaint, with the executions therof at more length proports, And alse Anent the letters or lybell of Reconvention also raised and persued befor the Lords of privie Councill at the instance of the saids Walter Scott of Tushielaw, John Tait his Tennent, […] Hude late of Hardlaw, now in Kelso, Walter Scott merchant there Thomas MacDougall of Stodrigg and […] his Servant, William Purdie Servant to the Laird of Langlands, William Barrie Servitor to Whitslade William Loran Servitor to Todrigg […] Brown Messenger at Kelso, James Scott Servitor to Whitslade Patrick Chisholme Servitor to Glaidstanes, and […] Sweat Gardiner at Mairtoun, with Concurse of Sir James Stewart her Majesties Advocat, for her highness interest in the matter underwritten, That where by the Lawes of this and all well governed Nations, the raiseing of groundless and malicious persuits and accusations to the vexation of the Subjects, especially by persons not only Rebells and Fugitives from the Law, and who therby deserve not the protection therof, But throw manifest defraud and cheating of their Creditors withdraw their persons and effects into other Kingdomes, to Shunn the execution of the Law and payment of their just debts And not only lybelling falsehoods, But lykewayes complaining of persons, who were not so much as present or Concerned in deeds alleadged to have been committed and therby troubleing and vexing them, and obliedging them to withdraw them from their Bussiness and imployment, To attend malicious and groundless Complaints to their great charge and expensses are Crymes of ane high nature, and deserve Severly to be punished, as also by the Fyfth act of the Sixth Session of the first parliament of King William all persons guiltie of Defrauding Creditors are to be Declaired infamus infamia juris, And to be otherwayes punished, Yet Nevertheless Master John Grieve late of Pinacle albeit he was Denounced Rebell and Caption taken out against him, for not obedience given to ane Decreit of the Lords of our Councill and Session upon ane gross malversation of Trust, at the instance of the said Walter Scott one of the Complainers, and did withdraw his person and effects out of the Kingdome to the defrauding of just Creditors, Yet being incarcerat in Selkirk Tolbuith did presume Still to carry on his villanie, and had raised a malicious Complaint and Lybell, without all ground of Law, alleadging that he was illegally carried by force out of England by the saids Complainers, Wheras it was certain he was not only Rebell Fugitive from Law, and had withdrawen his effects out of the Kingdome to the defraud of the Creditors, But lykewayes lying under Caption, and ane warrand issued out by the Sherriffe of Roxburgh Shyre for apprehending him, And in the circumstance he was in, was in the case of a Debitor Fugitious, as also that the like had been practised by the English upon Scotsmen in the Scots Syde particularly by the Toun of Berwick who at their own hands Seized upon ane Tennent or Servant of the Laird of Lambertouns, and carried him prisoner out of his ground, as also attempted to doe the same upon a Scots man within the Toun of Caldstream and severall other instances, And furder it could be proven that the haill Complainers abovementioned (except he the said Walter Scott of Tushelaw) were alibi at the tyme of of³ his apprehension, Wherethrorow it was evident how malicious and groundless the said persuite was againest all Law, And therfore the said Mr John Grieve late of Pinacle ought not only to be Decerned in the Soume of […] as Damnadges and charges Sustained by the Complainers, But otherwayes punished in his person, and goods, as the Lords of the privie Councill should think fitt. And Anent The Charge given to the said Defender to have Compeared personallie befor the saids Lords of her Majesties privie Councill at ane certain day bygone, To have heard and seen Such order and course taken theranent, as in the saids letters of Reconvention at more length is Contained, Which Lybells principall and Reconvention being upon the twentie Second day of June last bypast called in presence of the saids Lords, and the said persuer in the principall lybell who is Defender in the Reconvention Compearing at the Barr by Sir David Dalrymple his Advocat, and the Defenders in the principall lybell who are persuers in the Reconvention Compearing also at the Barr by Sir Walter Pringle, and Master William Scott Advocats forsaids for the Saids Defenders in the principall lybell gave in the answers therto following, Makeing Mention That the lybell bears that the Complainer was violently seized upon the english Syde by Walter Scott, and the other Defenders, and by them brought to the Toun of Kelso, where he was detained in ane privat house till ane Messenger and Caption was gott for ane pretended debt, and thence carried to Selkirk prison, where he hes indured much through the badness of the prison, and coldness of the winter, And therfore concludes that he ought to be Sett at liberty, his Damnadges refounded, and the Defenders otherwayes punished, It was answered, primo, That esto the Complainer could prove his lybell yet the Same was not competent befor the privy Councill, nor will their Lordships think fitt to trouble themselves with the cognisance of ane affair, that appears properly cognoscible befor the Lords of Session Insofarras the lybell acknowledges the Complainers imprisonment in Selkirk, by vertue of ane Caption upon ane pretended debt, And the truth was the ground of the Caption was ane Decreit obtained befor the Lords at Walter Scotts instance against the Complainer upon ane gross malversation, and denyall of ane exuberant Trust, nottour to the whole Countrey, and found by the Lords nomine contradicente, so that the Seasing of the Complainer, being after Caption was taken out, the legality or illegality therof is only competent to the Lords of Session, who properly cognosces in the execution of their own Decreits and Sentences. Secundo Esto the Lords of Councill Should take cognisance of the matter befor themselves yet the lybell is nowayes relevant for primo, albeit it were true that he was seized in the english Syde, yet being ane Scotsman rebell, and Fugitive from the Law, and withall haveing withdrawen his effects out of Scotland, to the Defraud of the forsaid Decreit of trust (ane additionall Crime to the Malverse) and therby being under such Circumstances as Law in its forme could not have execution againest him, what hinders whey the pairties interested and prejudged may not where they could, sease upon such ane Fugitive, apprehend and detaine him till Law take its force, This being plainly a Case of necessity, and the pairtie Complaining being primus in reatu, by a most gross malverse and breach of faith, and by abstracting his person and goods out of the Jurisdiction, so as that he did first withdraw himselfe from the execution of the Law of his own Countrey, he is in pessima fide now to pretend to the protection of that Law he withdrew himselfe from, And the case with the Defender Walter Scot was Such that it was impossible for him to have execution against the Complainer in England, for the Decreits of our Courts have no face there, neither could he have Secured his person, nor affected his goods by vertue therof, And all Lawiers did acknowledge, that in Such cases of necessity, where the execution of the Law cannot take place by publick authority the ordinar rules and forms might be ⁴ Common Law is express Tit: quei in frandem Creditorum, that in excussione Debitoris fugitivi a Creditor might propria authoritate, arreist, seise, upon persons or goods, and apply the Same for his own payment, Nor does there appear any difference betwixt this and the apprehending of a Thiefe, who by the dayly Customes of the borders, may be followed in to both Nations and apprehended, The Substracting and carrying of of⁵ the effects to defraud just Creditors being no less Crime, yea by the Custome of a very polite Neighbouring Nation this is alse Severely punished as either theft or robbery, And by the fyfth Act Sixth Session of his late Majesties parliament, Such are Declaired infamous, Infamia juris, and otherwayes punishable, But Secundo, any ground of Complaint that could be in this case would seem to be competent only to the neighbouring nation as being ane Incroachment upon their Jurisdiction But Seeing there was no lybell, or Complaint, at their instance, it Seemes to be altogether incompetent to the Complainer, who was lying under Caption, and was her Majesties rebell, and So has not personam Standi in judicio, and cannot be allowed, to prosecute any accusation or have the benefite of Law, till he be relaxed, But esto he had the concurse of the other Nation, they could not be heard, and which the Defenders make use of as a seperat defence, Because they offerr to prove, this has been the practise of the English, and especially the Toun of Berwick, who did Some years agoe send a pairtie out of their Town, and apprehended a Tennent or Servant of the Laird of Lambertouns in Scots ground, and carried him prisoner, to Berwick who did all this for a civill debt, which was Still the more gross, that the person, apprehended by them was a Scotsman against whom they might have had good Law, and ready execution befor any Judicature in Scotland, Wheras the present case was only the bringing back a Scotsman, fugitive from the Law of his own Countrey And another instance of the like nature pratised by the Toun of Berwick in the Toun of Coldstream which tho it did not Succeed (the person having absconded) yet their sending ane pairty and Searching upon the Scots Syde was offerred to be proven, which was enough to verifie the practise, And of all the Borders the Toun of Berwick deserves least to be countenanced by the Scots, Their debarring Scotsmen from the Freedome of their Town, and being prentises therin was knowen to their Lordships, as also there disaffection to the Scots upon all occasions, Tertio Tushelaw has produced in the Clerks hands, ane order from the Sherriffe of Roxburgh Shire, be vertue wherof the Complainer was apprehended and detained in Kelso till he was Committed to Selkirk Tolbuith, by vertue of a Caption also produced, As to the other Circumstances of the lybell anent the condition of his prison and his own Circumstances they are of no moment The Magistrats of the place are answerable for their prison, and if he pay his debt, or find Caution he Shall be freed from that inconveniency at Tushielaw’s hand, It was likewise answered separatim for John Tait Tennent to Walter Scot […] Hudlate of Hurdlaw now in Kelso, Walter Scot merchant there, Thomas MacDougall of Stodrigg and […] his Servant, William Purdie Servitor to the Laird of Langlands, William Barnie Servitor to Whitslade, William Lorwn Servitor to Todrigg […] Brown messenger in Kelso, James Scott Servitor to Whitslade, Patrick Chisolme Servitor to Gladstanes, and […] Sweet Gairdner at Martine, that they were most maliciously complained upon, not being upon the place that day, nor Concerned in the alleadged apprehension for which and the other reasons abovementioned, there are⁶ letters of Reconvention and exculpation raised, as the saids answers bears, And the said Sir David Dalrymple Advocat for the persuer of the principall lybell who is Defender in the Reconvention, Gave in the answers following to the Said lybell of Reconvention, bearing Pinacle having Complained to the Lords of her Majesties privie Councill against Tushielaw, as being guilty of a ryot against the Law of Nations, and the particular Lawes of this Kingdome, insofar as Tushielaw did Seise the said Pinacle without the authority of any Judge, by open force in the Kingdome of England and brought him over the border, which was contrary to the Law of Nations, and the good correspondence betwixt the Two Kingdomes, And this unjust violence being Committed upon the said Mr John Grieve, he has undenyable interest to Complain, But in the nixt place Tushielaw did not only violate the Law of Nations, by Seiseing Pinacle in maner above mentioned, but he did also manifestly violate the Lawes of this Kingdome having kept him in a privat prison twentie four hours befor a Caption could be found to give collour to these violencies, Tushielaw for taking of this complaint did first give in ane injurious petition, And the Lords of the privie Councill having thought fitt that Pinacle Should insist by way of libell, Tushielaw has raised a Reconvention, alleadging in Substance that the said Master John Grieve was unworthy of the protection of the Law, having first defrauded the said Tushielaw, and afterwards fled from the execution of the Law, and that he was in the case of a Doctor taken in fuga, And for clearing this alleadgance there is a Story told of a Trust, which Tushielaw reposed in Pinacle and which Pinacle denyed, But was Nevertheless Sustained by a Solemn Decreit of the Lords of Session And this Reconvention is Stufft with the terms of cheats and villanies, which are not only injurious to Pinacle but disrespectfull as he conceives to the most honorable privie Councill, Seeing Such Scurrillous lybells do noway Suite with the dignity of the privie Councill, To this injurious and Scurrillous lybell Pinacle makes the following answers, Primo, The Reconvention contains no relevant defences, for Supposeing the thing to be true, as they are alleadged, yet by no Law could the Defender seise the pursuer into a forreign Countrey, and take upon him sibi jus dicere, nor he could he retain him without Authoritie prisoner heire, And the pretence that he was rebell and unworthie the protection of the Law, was a meer conceit, for a Denounciation for a Civill debt, was no Such rebellion as the Defender pretends to imagine, nor was it left to him by his privat authoritie to determine, who was worthy of the protection of Laws or Government, And having determined put to his hands to execute, and whatever indulgence Tushielaw might promise himselfe upon his fair Stones, Yet Pinacle the persuer was confident, their Lordships would be farr from giving Countenance to so open a violation of Law, and liberty, Secundo It was no less frivolous to pretend that the persuer being a Deoctor might be taken in fuga for it could never be said, that Pinacle was taken in fuga, being taken in the Countrey where he resided Severall years, and even in these cases, if it be possible to have the authority of a Magistrat, they ought not to have proceeded without it, Tertio, Wheras the Reconvention insinuats, that the like has been practised in the Town of Berwick by Scots men upon the Border, It was answered, for anything the persuer knows, the instances were calumniously alleadged, Secundo They were not so manie as to ammount to the prooff of a Custome, nor indeed this a case, where Custome could establish any right, being against the Law of Nations, and againest peace and Order, that one Dominion Should incroach upon another, But Tertio These instances are not at all paralell to the persuer, unless it were alleadged that these incroachments being complained of, justice had been denyed; But this Argument was turly ane Aggravation of the injury complained of The Defender having the confidence to justifie and Sett up a maner of reprisealls contrary to Law and good Order, And that in a lybell offered to the privy Councill Quarto, Wheras the Defender insinuats, that he had the warrand of the Shirreff, It was answered, primo That it was Scarsely Supposeable that a Sherriffe would have interposed a warrand in this case, to take pairtie resideing in England requires at least a more emminent Authoritie, and was no matter of ordinary Jurisdiction, And Esto the Sherriffe could give order where a Caption was competent, and in the power of the pairty obtainer of the order, yet there having preceeded ane undenyable violence againest Law to make way for the execution of the Order, the obtainer of it could have no benefite by it, And the whole was but a Contryvance fraudem legi facere, nor does the Story of ane Order from the Sherriffe of Teviotdale answer the case, for the persewer was Seised at Cornwall, and brought prisoner to Caldstream which is in Berwick Shire Quinto as the Reconvention was truly irrelevant, so was it likewise contrary to the Defenders, and proves the persuers lybell⁷ against Tushielaw, insofar as the Reconvention pretends, that the other Defenders were alibi, except Tushielaw, Ergo a contrario Sensu, Tushielaw was present, and indeed the Lords may perceive by the Reconvention that the fact was owned and justified, and therfore this, if ever any case did, require redress to prevent the like in tymecomeing, Lastly it remains to clear the calumnies, which Tushielaw so boldly advances, as the merits of his cause, But Tushielaw knows very well, that it was impossible that the matter could be ledd in full light befor the privie Councill, however this much was certain that if Tushielaw would acknowledge the Truth, He could not but acknowledge that he was many years intertained in the persuers Family, And that after Tushielaw had might the right to the Pinacle, which he Since quarrelled upon the head of trust, Pinacle did conveen Tushelaw and his friends at Ashkirkmilne wherof some are yet alive, and offerred to Denude of Tushielaw’s estate if he or his Friends thought the purchase which he had made was too easie But there was not a Friend which Tushielaw had did quarrell it, or would interpose for him And although Pinacle has not been so carefull in the way of Securing himselfe, which has given occasion to the Decreit of Session against him, Yet Tushielaw must be Satisfied in his own Conscience that the Transaction was fair. But if the telling of a Story were sufficient to take of materiall crimes and ryots objected, Pinacle might inform, and could prove to their Lordships, if it were competent that the debt wherupon the Caption was founded againest him, was the product of a very nottorious abuse, for the Disposition of Tushielaws lands being Declared a Trust, and Pinacle appoynted to Compt, Pinacle did produce instructions to the value of Thirtie thousand pounds in ane Submission to arbiters who are yet alive and to take these instructions out of the way, Tushielaw did Seduce Pinacles eldest son ane unhappie young man to take up his Fathers writes from his agents relict, and for want of these writes was Pinacle Decerned, and was now under Caption, And that their Lordships might be Satisfied, that this was no story, Pinacles sons receipt wherin Tushielaw was a Subscrybeing witnes to David Morisons relict was produced, bearing a receipt of some particular papers expressly with these words; Together with severall other papers, which were given to the said David Morisone, by Master John Grieve of Pinacle his Father and him, when he was imployed ane agent for them, and it was well knowen that this son of Pinacles was ane profligat unhappy young⁸ man, and having ended with Tushielaw to the ruine of his Fathers Family went abroad as a Single Soldier, nor did this receipt come to Pinacles hands, till within this Forthnight, and as a convincing Materiall evidence that Tushielane att bottom was Satisfied the debt was unjust, Their Lordships would be informed, that for this debt he had used Inhibitions and arreistments Wherby he might have recovered all, or the farr greatest pairt of the debt, yet he discharged the Inhibition and the Cautioners in the arreistment, who were beyond exception good reserving to himselfe no other Security, but the gratfull pleasure of distressing pinacles person, and was it to be Supposed, that if there had been ane just claime for so great a Summ Tushelaw who was so vigorous, and uses Such injustifiable violence againest pinacle would had been so moderate, in the use of his other Securities, But the truth was the occasion of all this, was the Defenders malice, which has transported him beyond all bounds, Seeing therfore the lybell was undoubtedly relevant, and was not so much as denyed, but on the contrary rather acknowledged, Pinacle was confident their Lordships will Ordain him to be restored to his full liberty, and to the place where he was Seised, and punish the Said Walter Scot, according to the demerit of the Crime as the said answers also bears, And the said principall lybell and answers therto with the lybell of Reconvention and answers forsaid being read in presence of the saids Lords, And pairties Lawiers fullie heard and removed The Saids Lords of her Majesties privie Councill upon the said twentie Second day of June last, Granted to the persuer in the principall lybell letters of second dilligence, by Caption againest Such of the witnesses as lived in the Scots Syde, and Granted full power warrand and Commission to […] With power to them to choise there own Clerk for whom they Should be answerable to take and receive the oaths and Depositions of Such famous witnesses living in the english syde as Should be adduced befor them by the said Master John Grieve, for proveing the principall lybell, And that att […] the […] dayes of July nixt to Come, or ane or other of the saids dayes, And whatever the saids witnesses Should happen to Depone in the said matter Ordained the saids Commissioners, and there said Clerk to putt the samen authentickly in write Subscrybed with ther hands, and to move and cause Such of the saids witnesses as could write Subscrybe the Samen also, And therafter to close seall and deliver the samen to the said persuer of the principall lybell, or any in his name having his order, To whom and his saids procurators, The Lords Assigned, and heirby Assignes the […] day of […] for produceing befor them this present Commission and report therof duly Subscrybed and sealled as said is, to the effect they might proceed to administer justice in the said matter, And Declaired the said Commission to be Granted cum onere expensarum maximarum to Scott of Tushelaw in case the persuer prove in the termes of the principall lybell, And Repelled the haill Deforces proponed for the Defenders in the principall lybell And Assoilzied the persuar therof from the lybell of Reconvention, And in the mean tyme Nominated and appoynted the Marquess of Annandale Lord President of the Privie Councill, The Lord Advocat and Lord Justice Clerk to be a Committie to endeavour to aggree pairties, And to report nixt Councill day and Recommended to the said Committie to meet to morrow at twelve acloack in the fornoon, and Declaired any Two a quorum, Therafter There being a petition given in and presented to the saids Lords of her Majesties privie Councill by Robert Scott and Andrew Wauch present Baillies of the Burgh of Selkirk Humbly Shewing That where Sometyme agoe Master John Grieve late of Pinacle was brought to Selkirk, And there by vertue of ane Caption at the instance of Walter Scot of Tushielaw against him, was delivered over to them as present Baillies of the said Burgh, in order to be Committed prisoner in their Tolbuith therin to remain ay and while payment and Satisfaction Should be made by the Said Master John Grieve to the said Walter Scott of the Soume contained in the Caption, And they having in obedience to the said Caption Committed him to prison where he hitherto his Continued, they thought fitt to inform their Lordships that Sometyme therafter the said Master John Grieve was arreisted in by Andrew Riddell of Haining and Severall other persons for payment of great Soumes of money, And Pinacle having raised ane proces against Tushielaw befor their Lordships, for his libertie, They humbly and with all Submission intreated that if their Lordships Should ordaine them to Sett att libertie, the said Master John Grieve furth of their Tolbuith, They the Magistrats and Toun Councill of Selkirk might be freed of the forsaid arreistments and of any Subsidiary action againest them, and there Successors in office, And therfore Craving their Lordships to consider the premisses, and if their Lordships Should Ordain them to Sett the said Mr John Grieve at libertie furth of their Tolbuith, in which he was att present that then their Lordships might Declaire them free of any arreistments laid on, or any subsidiary action to be persued againest them, And that they and their Successors in office might be quyte therof, and free therfrae in all tyme coming, and that the said Master John Grieve might be Decerned and Ordained to pay to the Keepers of the Tolbuith Four Shilling Scots each day Since his said imprisonment as the house dues, and that befor he be by ther Lordships Sett at liberty as said is, as the said petition bears, Which petition being upon the nynth day of november last Read in presence of the saids Lords, and they having Considered the same with a verball report made by ane Committie of their own number in the mutuall proces Grieve of Pinacle againest Scot of Tushielaw together with ane petiiton by the Magistrats of Selkirk, which being read in their presence, together with ane Caption at the instance of Mr William Charletoun againest the Said Master John Grieve, with one execution of arrestment following theron made in the hands of the Saids Magistrats, The Saids Lords did therby Remmitt to the former Committie appoynted in the forsaid matter, And added therto the Earle of Leven and Lord Halcraig, to meet and Consider the grounds of the lybells principall and Reconvention together with the forsaid petition and matter represented therin, anent the said master John Grieves being Committed to and arreisted in prison befor the intenting of the proces be vertue of letters of Caption against him for civill debts, and Recommended to the said Committee to meet and report with their conveniencie, And appoynted intimation to be made by Grieve of Pinacle to Scott of Tushielaw, and the Arreisters and magistrats of Selkirk or Clerk therof to attend the said Committie for there more full information in the said matter, Therafter the Said cause being moved upon the day and date of thir presents The Lords of her Majesties privie Councill, Considering that by their former Interloquitor, in the affair betwixt Scot of Tushielaw, and Grieve of Pinacle, and the Magistrats of Selkirk, Grieve of Pinacle was appoynted to intimat to the said Scot of Tushielane, the Magistrats of Selkirk, and the arreistours to Compear befor the Committy appoynted in the said matter, for there more full information therof, and that there being produced two Severall Consents to the said Grieve of Pinacle his liberty furth of the Tolbuith of Selkirk, one wherof under the hand of Andrew Riddell of Hanning ane arreistor, and ane other under the hands of Walter Scott, in Wauchope another arreister as assigney by Charletoun, and that therupon the Magistrats of Selkirk had withdrawn there bill, and that the procurators and agent for Scot of Tushielaw had Compeired befor the Committie and Verbally Consented to Sett Pinacle at liberty, Therfore the saids Lords of her majesties privie Councill have Found and heirby Finds that the said Grieve of Pinacle was illegally and wrongously apprehended and Committed prisoner in the Tolbuith of Selkirk, And therfore the saids Lords Gave their Order and warrand, and Commanded and Ordained the Magistrats of Selkirk, and Keepers of their Tolbuith instantly to Sett the person of the said Master John Grieve of Pinacle at liberty furth therof free of housedewes, And for which this should be to them and all Concerned ane sufficient warrand And Discharged all person or persones whatsomever upon publick or privat account to trouble molest, secure or detaine the said Master John Grieve his person, or execut any dilligence against him, Wherby his person Should be made prisoner for the space of Fortie eight hours, from and after the tyme he should be sett att libertie, and goe Furth of the said Tolbuith of Selkirk