Tag Archives: 7 August 1694

Act, 7 August 1694, Edinburgh

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Edinburgh the seventh day of August Jaj vjc nyntie four years

D1694/8/151

Act

Act James Dunbar against Donald Mcdonald

Anent the petitione given in to the Lords of their Majesties privy Councill be Donald Mcdonald of Castletoune Shewing That quheras the petitioner haveing fallen deficient in a termes Cess at Whitsunday Jaj vjc Eightie five and being quartered upon by Thomas Grahame Commander of a partie of the guards Did not only upon payment therof obtaine the Collectors Discharge the fifteinth of January Jaj vjc Eightie Six But likewayes did satisfie all the quartering money that could be Craved for the partie And obtained Grahames discharge therupon direct be way of missive to the Collector yet James Dunbarr Collector Charged the petitioner with deficiencie for the said termes Cess being but seventein punds ten shilling Scots at half a Crown or two horssmen per diem from the Eight of December Jaj vjc Eightie five to the sixt of February Jaj vjc Eightie six pretending to have assignatione therto from the said Thomas Grahame as the accompt therof subscribed by the Collector and the forsaid discharges lying in proces bears, And to force the payment of these groundless deficiencies the Collector ordored allwayes quartering upon the petitioner of ane number of souldiers very disproportionable to the soumes resting by him And these resting meirly throw the Collectors fault, The petitioner haveing from time to time made offer of all the Cess truely resting by him And some times under forme of instrument as appears by instruments taken therupon in the year Jaj vjc Eightie Eight And in november last produced in proces the petitioner was at length necessitate to Conveen the Collector before their Lordships And the Cause being referred to ane Comittie The report did only bear ane queirie to be determined by ther Lordships anent the maner of quartureing, But the last Councill day upon Consideratione of the said queirie their Lordships proceided to determine the wholl cause whilest the petitioner hade not Conveniencie suficiently to informe their Lordships theranent and the defenders by misrepresentatione of the matter of fact obtained ane interloquitor in their favors finding the petitioner lyable for the haill quartering money and Discharges acclaimed by them, In relatione to which their Lordships will be pleased to be informed that all the matteriall defences proponed for the defenders being primo that in the forsaid wryte subscrybed be the Collector the terme of Whitsunday was by mistake insert for mertimiss which termes deficiencie he was forced to pay, Grahame haveing quartered upon him therfore with Eight horss and Eight men for four dayes Secundo that the last deficients in a shire must bear the burden of the wholl partie that is sent to quarter upon the haill shyre since they will not remove till all be payed, These are easily eleided by these replyes for the petitioner viz To the first that the Collectors hand wryt being the Clearest probatione that could be adduced It were against all Law and reasone that the same should be eluded upon the defenders asserting that the wryt did proceid upon a mistake, For if that were allowed no wryt could ever be found a Concludeing probatione, But though it were granted to be mertimiss the forsaid discharge granted by Thomas Grahame being indefinitly of all he Could Crave for the partie will include mertimiss as weell as Whitsunday, And yet it is most frivilous to alledge that he was forced to pay the same by Grams quartering upon him For albeit a partie might quarter upon a Collector for Cess due by particular deficients untill he give them a list, yet it was never heard that a partie Could quarter upon the Collector for the quartering money duely any deficient after he hade given them ane list, And if the Collector was Illegally treated by Grahame he could never have any ground of Law, to seek repairatione therof from the petitioner, To the second It is Replyed that the Law has Justly proportioned the quartering of souldiers to the somnes resting be deficients, so as to be a suitable penaltie for their negligence and prevent the exhausting of their wholl Substance by arbitrary and Illimited quarterings and the pretence of useing extraordinary quarterings against the last deficients in a shire can nowayes be used for the forsaid quartering money charged upon the petitioner Since by the Collectors oun acknowledgement the same is Charged for the terme of mertimes from the Eight of December at which time the petitioner was but one of many deficients in the shire being within a moneth of the termes Charged for, so that 2 Notwithstanding these evasiones of the defenders the petitioner humbly conceaves his lybell is relevant in law, and instructed by the forsaids writtes By quhich It is evident primo that the forsaid quartering money is made to run for ane moneth after the date of the Collectors Discharge, Secundo (allowing the Same to be for Mertimiss as the Collector alledges) That half a Croun per diem or two horss men Is Charged for seventein pund ten shilling of deficient cess within ane moneth of the terme at which it falls due tho the thrid act of parliament Jaj vjc Eightie one allow only that quartering for five hundred pund of deficiencie, Tertio that the said quartering money is Charged upon the petitioner after his being Discharged of all that could be Craved for the partie Quarto That the forsaid quartering money and much more of that kind is Charged for by the Collector notwithstanding that the sectio act parliament Jaj vjc Eightie 3 Six4 statutes that quartering money shall not at all be exacted after twentie dayes from the time it falls due, and besides all these grounds of Law Its offered to be proven by the Collectors oun oath that whatever summs he payed to the forsaid Thomas Grahame or any other partie he has obtained full satisfactione therof from other deficients, So that he ought not to be allowed to exact the same ever againe from the petitioner And Therfore humbly Craveing the saids Lords upon Consideratione of the premises to reveiw the forsaid interloquitor and either determine the following points quherupon the decissione of the Cause depends viz whither or not the Simple assertione of the defender be receivable against a wryte under his oun hand, Secundo Whither or not the Lawes and acts of parliament made with so much pains and care for securitie of the people to the rule of quarterings or the arbitrary orders of Collectors for their privat advantage Tertio Whither or not the act of parliament dischargeing quartering money to be exacted after twentie dayes from the time it falls due can be Dispenced with by Commisioners or Collectors and the same quartering money be exacted by them after many years, Quarto Whither or not a Collector can exact payment oftner then once of any quartering money advanced by him to any partie or if he must rest satisfied with once and single payment therof, Or Otherwayes to allow the petitioners procurators to be heard therupon before extracting of any Sentance in this affair And seing by Consideratione of the grounds above represented It will appear that the petitioner was never Contumacious against the payment of the kings rent but only against the Collectors claime of quartering money Their Lordships would be pleased to grant warrand to the petitioner to pay all the cess truely resting by him to their Majesties generall receivers or to the forsaid Collector without being burdened with the forsaid Collector without being burdened with the forsaid claime of quartering money as the petitione bears The Lords of their Majesties privy Councill haveing Considered the forgoeing petitione given in to them be Donald Mcdonald of Castltoune They Refuse the desire therof and adhered to their former interloquitor pronunced by them upon the second day of August instant in favors of the above James Dunbar against the petitioner.

Edinburgh the seventh day of August Jaj vjc nyntie four years

D1694/8/151

Act

Act James Dunbar against Donald Mcdonald

Anent the petitione given in to the Lords of their Majesties privy Councill be Donald Mcdonald of Castletoune Shewing That quheras the petitioner haveing fallen deficient in a termes Cess at Whitsunday Jaj vjc Eightie five and being quartered upon by Thomas Grahame Commander of a partie of the guards Did not only upon payment therof obtaine the Collectors Discharge the fifteinth of January Jaj vjc Eightie Six But likewayes did satisfie all the quartering money that could be Craved for the partie And obtained Grahames discharge therupon direct be way of missive to the Collector yet James Dunbarr Collector Charged the petitioner with deficiencie for the said termes Cess being but seventein punds ten shilling Scots at half a Crown or two horssmen per diem from the Eight of December Jaj vjc Eightie five to the sixt of February Jaj vjc Eightie six pretending to have assignatione therto from the said Thomas Grahame as the accompt therof subscribed by the Collector and the forsaid discharges lying in proces bears, And to force the payment of these groundless deficiencies the Collector ordored allwayes quartering upon the petitioner of ane number of souldiers very disproportionable to the soumes resting by him And these resting meirly throw the Collectors fault, The petitioner haveing from time to time made offer of all the Cess truely resting by him And some times under forme of instrument as appears by instruments taken therupon in the year Jaj vjc Eightie Eight And in november last produced in proces the petitioner was at length necessitate to Conveen the Collector before their Lordships And the Cause being referred to ane Comittie The report did only bear ane queirie to be determined by ther Lordships anent the maner of quartureing, But the last Councill day upon Consideratione of the said queirie their Lordships proceided to determine the wholl cause whilest the petitioner hade not Conveniencie suficiently to informe their Lordships theranent and the defenders by misrepresentatione of the matter of fact obtained ane interloquitor in their favors finding the petitioner lyable for the haill quartering money and Discharges acclaimed by them, In relatione to which their Lordships will be pleased to be informed that all the matteriall defences proponed for the defenders being primo that in the forsaid wryte subscrybed be the Collector the terme of Whitsunday was by mistake insert for mertimiss which termes deficiencie he was forced to pay, Grahame haveing quartered upon him therfore with Eight horss and Eight men for four dayes Secundo that the last deficients in a shire must bear the burden of the wholl partie that is sent to quarter upon the haill shyre since they will not remove till all be payed, These are easily eleided by these replyes for the petitioner viz To the first that the Collectors hand wryt being the Clearest probatione that could be adduced It were against all Law and reasone that the same should be eluded upon the defenders asserting that the wryt did proceid upon a mistake, For if that were allowed no wryt could ever be found a Concludeing probatione, But though it were granted to be mertimiss the forsaid discharge granted by Thomas Grahame being indefinitly of all he Could Crave for the partie will include mertimiss as weell as Whitsunday, And yet it is most frivilous to alledge that he was forced to pay the same by Grams quartering upon him For albeit a partie might quarter upon a Collector for Cess due by particular deficients untill he give them a list, yet it was never heard that a partie Could quarter upon the Collector for the quartering money duely any deficient after he hade given them ane list, And if the Collector was Illegally treated by Grahame he could never have any ground of Law, to seek repairatione therof from the petitioner, To the second It is Replyed that the Law has Justly proportioned the quartering of souldiers to the somnes resting be deficients, so as to be a suitable penaltie for their negligence and prevent the exhausting of their wholl Substance by arbitrary and Illimited quarterings and the pretence of useing extraordinary quarterings against the last deficients in a shire can nowayes be used for the forsaid quartering money charged upon the petitioner Since by the Collectors oun acknowledgement the same is Charged for the terme of mertimes from the Eight of December at which time the petitioner was but one of many deficients in the shire being within a moneth of the termes Charged for, so that 2 Notwithstanding these evasiones of the defenders the petitioner humbly conceaves his lybell is relevant in law, and instructed by the forsaids writtes By quhich It is evident primo that the forsaid quartering money is made to run for ane moneth after the date of the Collectors Discharge, Secundo (allowing the Same to be for Mertimiss as the Collector alledges) That half a Croun per diem or two horss men Is Charged for seventein pund ten shilling of deficient cess within ane moneth of the terme at which it falls due tho the thrid act of parliament Jaj vjc Eightie one allow only that quartering for five hundred pund of deficiencie, Tertio that the said quartering money is Charged upon the petitioner after his being Discharged of all that could be Craved for the partie Quarto That the forsaid quartering money and much more of that kind is Charged for by the Collector notwithstanding that the sectio act parliament Jaj vjc Eightie 3 Six4 statutes that quartering money shall not at all be exacted after twentie dayes from the time it falls due, and besides all these grounds of Law Its offered to be proven by the Collectors oun oath that whatever summs he payed to the forsaid Thomas Grahame or any other partie he has obtained full satisfactione therof from other deficients, So that he ought not to be allowed to exact the same ever againe from the petitioner And Therfore humbly Craveing the saids Lords upon Consideratione of the premises to reveiw the forsaid interloquitor and either determine the following points quherupon the decissione of the Cause depends viz whither or not the Simple assertione of the defender be receivable against a wryte under his oun hand, Secundo Whither or not the Lawes and acts of parliament made with so much pains and care for securitie of the people to the rule of quarterings or the arbitrary orders of Collectors for their privat advantage Tertio Whither or not the act of parliament dischargeing quartering money to be exacted after twentie dayes from the time it falls due can be Dispenced with by Commisioners or Collectors and the same quartering money be exacted by them after many years, Quarto Whither or not a Collector can exact payment oftner then once of any quartering money advanced by him to any partie or if he must rest satisfied with once and single payment therof, Or Otherwayes to allow the petitioners procurators to be heard therupon before extracting of any Sentance in this affair And seing by Consideratione of the grounds above represented It will appear that the petitioner was never Contumacious against the payment of the kings rent but only against the Collectors claime of quartering money Their Lordships would be pleased to grant warrand to the petitioner to pay all the cess truely resting by him to their Majesties generall receivers or to the forsaid Collector without being burdened with the forsaid Collector without being burdened with the forsaid claime of quartering money as the petitione bears The Lords of their Majesties privy Councill haveing Considered the forgoeing petitione given in to them be Donald Mcdonald of Castltoune They Refuse the desire therof and adhered to their former interloquitor pronunced by them upon the second day of August instant in favors of the above James Dunbar against the petitioner.

1. NRS, PC2/25, 53v-56r.

2. The word ‘Whitsunday’ scored out here.

3. The word ‘Eight’ scored out here.

4. Insertion.

1. NRS, PC2/25, 53v-56r.

2. The word ‘Whitsunday’ scored out here.

3. The word ‘Eight’ scored out here.

4. Insertion.

Act, 7 August 1694, Edinburgh

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Edinburgh the seventh day of August Jaj vjc nyntie four years

D1694/8/141

Act

Act Mr David Ogilvie for the stipend of Aberbrothick.

Anent a Petitione given in to the Lords of their Majesties privy Councill be Mr David Ogilvie preacher of the Gospell at Aberbrothwick Shewing that quher the petitioner upon ane Call to the Church of Aberbrothick and the Declairatione of the magistrats and heritors ther That the petitioner hade served the cure and hade qualified himself according to the Lawes and proclamationes for the time, And therfore were willing to pay to the petitioner the ordinary stipend Wherupon the Lords upon applicatione has from time to time allowed the samen and particularly by their act the seventh of December Jaj vjc nyntie thrie years for the said Cropt and year of god bearing right he haveing qualified himself and likwayes the petitioners haveing applyed to the late generall assembly and to their Comittie at Dundie and Complyed with them to their Satisfactione and accordingly is proceiding in his tryalls according to their appoyntment, and still serving the cure of the said Church of Aberbrothick as is clear by the acts and Documents heirwith produced And seing a great part of the said stipend Consists in the viccuradge teynds quhich now begins to be drawen And Therfore humbly Suplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr David Ogilvie with the wrytes mentioned therin and produced therwith, They heirby allow the petitioner the ordinary stipend of the above kirk of Aberbrothick with the viccuradge teynds belonging to the minister therof for this cropt and year of God Jaj vjc nyntie four, And ordaines him to be readily answered obeyed and payed therof be the heritors fewars wodsetters and others Lyable in payment of the same And Ordaines letters of horning under the signet of Councill against them for that effect He produceing a decreet of Localitie And in caise ther be non ordaines these Lyable to make payment to the said petitioner of their respective proportiones of the said years stipend and viccuradge teynds belonging to the minister therof according as they shall be Decerned be the Judge ordinar.

Edinburgh the seventh day of August Jaj vjc nyntie four years

D1694/8/141

Act

Act Mr David Ogilvie for the stipend of Aberbrothick.

Anent a Petitione given in to the Lords of their Majesties privy Councill be Mr David Ogilvie preacher of the Gospell at Aberbrothwick Shewing that quher the petitioner upon ane Call to the Church of Aberbrothick and the Declairatione of the magistrats and heritors ther That the petitioner hade served the cure and hade qualified himself according to the Lawes and proclamationes for the time, And therfore were willing to pay to the petitioner the ordinary stipend Wherupon the Lords upon applicatione has from time to time allowed the samen and particularly by their act the seventh of December Jaj vjc nyntie thrie years for the said Cropt and year of god bearing right he haveing qualified himself and likwayes the petitioners haveing applyed to the late generall assembly and to their Comittie at Dundie and Complyed with them to their Satisfactione and accordingly is proceiding in his tryalls according to their appoyntment, and still serving the cure of the said Church of Aberbrothick as is clear by the acts and Documents heirwith produced And seing a great part of the said stipend Consists in the viccuradge teynds quhich now begins to be drawen And Therfore humbly Suplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr David Ogilvie with the wrytes mentioned therin and produced therwith, They heirby allow the petitioner the ordinary stipend of the above kirk of Aberbrothick with the viccuradge teynds belonging to the minister therof for this cropt and year of God Jaj vjc nyntie four, And ordaines him to be readily answered obeyed and payed therof be the heritors fewars wodsetters and others Lyable in payment of the same And Ordaines letters of horning under the signet of Councill against them for that effect He produceing a decreet of Localitie And in caise ther be non ordaines these Lyable to make payment to the said petitioner of their respective proportiones of the said years stipend and viccuradge teynds belonging to the minister therof according as they shall be Decerned be the Judge ordinar.

1. NRS, PC2/25, 53r-53v.

1. NRS, PC2/25, 53r-53v.

Procedure, 7 August 1694, Edinburgh

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Edinburgh the seventh day of August Jaj vjc nyntie four years

D1694/8/131

Procedure

Remitt Menzies contra Leslie.

Anent the letter or lybell raised and pursued before the Lords of their majesties privy Councill be Mr William Menzies of Raw with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Mentioning That by the Law and Custome of this end all other weell Governed nationes and kingdomes the apprehending attacking keepeing or detaineing any of their Majesties free Leidges prisoners otherwayes then be order of Law are Crymes of a high nature and Severly punishable, yet nevertheless It is of verity that John Lessly only Lawfull sone and air to the deceast John Lessly merchant burges of Edinburgh haveing obtained ane decreet in absence against the pursuer and Charged him to make payment therupon the pursuer did present ane bill of suspensione And intimat the same to William Waddell officer who therupon delivered up the forsaid Decreet to the said John Lessly and told him the affair being suspended he Could doe nothing furder therin untill the discussing therof Lykeas the said John Lessly did therupon put up ane protestion in the minute book Calling for the said suspensione and which the pursuer hade exped upon Consignatione and hade produced the same timeously at the minute book before the extracting of any protestatione against, as the Declaratione of Mr Patrick Falconar keeper of the minute book does testifie notwithstanding quherof and that the pursuer was fully secured and Could nowayes be troubled or molested at the instance of the said John Lessly, Unles he hade extracted ane protestatione ordaining his dilligence to be put to farder executione against him, yet the said John Lessly upon the thrid day of August instant in high and manifast contempt of their majesties authoritie and Lawes, did cause Adam Pollock toune officer in the house of Androw Tenent ventner burges of Edinburgh make keep and detaine the pursuer his prisoner ther after the said pursuer hade declared the forsaid procedure to be unwarrantable and Illegall In Respect ther was no protestatione extracted and hade resumed in presence of the said John Lessly his agents and severall others what is above written, and protested under forme of instrument against him as being guilty of ane high ryot and for all Coast skaith damnadge intrest expences and disrepute he hade or should sustaine throw that his Illegall and unwarantable procedure, and altho this Civill and discreet Carriadge of the pursuer might have given a stopt to the said John Lessly his Carier yet he from ane perfyt humor and […] and of designe to disgrace and affront the said pursuer in his Credit and repute he did Order the forsaid officer to Carie him prisoner to the Tolbooth of Edinburgh, which he accordingly did by Carieing him to the Tolbooth gate wher at the desyre of the said pursuer the officer did allow him to goe in to the house of Master Thomas Gow provydeing he would ther pay the debt, And the said pursuer haveing in the said dwalling house called for the said John Lessly and asked him if he did yet oun that Illegall act or if he hade any protestatione extracted authorizeing for so doeing, He Declaired that he hade no such protestatione extracted, But ordered the officer to gett payment or else to incarcerat the said pursuer, and he would stand to his hazard wherupon the said pursuer was necessitate to pay the money a second time, and to take instruments against the said John Lessly a second time in maner and to the effect abovewritten, as the said officer his recept of the money and the instruments taken theranent at more length will testifie By doeing of all which the said John Lessly has Comitted ane high and manifast ryot against the said pursuer to his great damadge and disgrace Contrair to all forme of Law and dayly practique of this kingdome in the like cases, And therby and incaice such practises should pass unpunished ther could be no2 Safety nor security for ther majesties good and free Leidges And Therfore the said John Lessly ought and should be severly punished in his person and goods and Decerned to make payment to the pursuer in the soume of Two Thousand merks for repairatione of his Damnadge and expences and Charges and of his Credit and repute, so much lashed and blazed by the nottority of such Illegall unwarrantable and Disgracefull act to the terror of others to Committ the like in time comeing And Anent the Charge given to the said John Lessly defender To have Compeired personally before the saids Lords of their majesties privy Councill this day3 To have answered to the grounds of the above written Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just as in the forsaid Lybell or letters and executiones therof at more length is contained Which being Called this day in presence of the saids Lords of ther majesties privy Councill, And the pursuers Compeiring personally with Sir James Ogilvie Mr Hew Dalrymple Mr David Dalrymple and Mr John Menzies his Advocats, and the defender Compeiring also personally with Sir Patrick Home and Mr David Cuninghame his advocats, And the lybell and answers therto being read, and both parties advocats fully heard The saids Lords of their majesties privy Councill Haveing Considered the lybell and answers They heirby Remitt to the Lords of Councill and Sessione to doe and determine in the matter Lybelled as they shall find Just.

Edinburgh the seventh day of August Jaj vjc nyntie four years

D1694/8/131

Procedure

Remitt Menzies contra Leslie.

Anent the letter or lybell raised and pursued before the Lords of their majesties privy Councill be Mr William Menzies of Raw with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Mentioning That by the Law and Custome of this end all other weell Governed nationes and kingdomes the apprehending attacking keepeing or detaineing any of their Majesties free Leidges prisoners otherwayes then be order of Law are Crymes of a high nature and Severly punishable, yet nevertheless It is of verity that John Lessly only Lawfull sone and air to the deceast John Lessly merchant burges of Edinburgh haveing obtained ane decreet in absence against the pursuer and Charged him to make payment therupon the pursuer did present ane bill of suspensione And intimat the same to William Waddell officer who therupon delivered up the forsaid Decreet to the said John Lessly and told him the affair being suspended he Could doe nothing furder therin untill the discussing therof Lykeas the said John Lessly did therupon put up ane protestion in the minute book Calling for the said suspensione and which the pursuer hade exped upon Consignatione and hade produced the same timeously at the minute book before the extracting of any protestatione against, as the Declaratione of Mr Patrick Falconar keeper of the minute book does testifie notwithstanding quherof and that the pursuer was fully secured and Could nowayes be troubled or molested at the instance of the said John Lessly, Unles he hade extracted ane protestatione ordaining his dilligence to be put to farder executione against him, yet the said John Lessly upon the thrid day of August instant in high and manifast contempt of their majesties authoritie and Lawes, did cause Adam Pollock toune officer in the house of Androw Tenent ventner burges of Edinburgh make keep and detaine the pursuer his prisoner ther after the said pursuer hade declared the forsaid procedure to be unwarrantable and Illegall In Respect ther was no protestatione extracted and hade resumed in presence of the said John Lessly his agents and severall others what is above written, and protested under forme of instrument against him as being guilty of ane high ryot and for all Coast skaith damnadge intrest expences and disrepute he hade or should sustaine throw that his Illegall and unwarantable procedure, and altho this Civill and discreet Carriadge of the pursuer might have given a stopt to the said John Lessly his Carier yet he from ane perfyt humor and […] and of designe to disgrace and affront the said pursuer in his Credit and repute he did Order the forsaid officer to Carie him prisoner to the Tolbooth of Edinburgh, which he accordingly did by Carieing him to the Tolbooth gate wher at the desyre of the said pursuer the officer did allow him to goe in to the house of Master Thomas Gow provydeing he would ther pay the debt, And the said pursuer haveing in the said dwalling house called for the said John Lessly and asked him if he did yet oun that Illegall act or if he hade any protestatione extracted authorizeing for so doeing, He Declaired that he hade no such protestatione extracted, But ordered the officer to gett payment or else to incarcerat the said pursuer, and he would stand to his hazard wherupon the said pursuer was necessitate to pay the money a second time, and to take instruments against the said John Lessly a second time in maner and to the effect abovewritten, as the said officer his recept of the money and the instruments taken theranent at more length will testifie By doeing of all which the said John Lessly has Comitted ane high and manifast ryot against the said pursuer to his great damadge and disgrace Contrair to all forme of Law and dayly practique of this kingdome in the like cases, And therby and incaice such practises should pass unpunished ther could be no2 Safety nor security for ther majesties good and free Leidges And Therfore the said John Lessly ought and should be severly punished in his person and goods and Decerned to make payment to the pursuer in the soume of Two Thousand merks for repairatione of his Damnadge and expences and Charges and of his Credit and repute, so much lashed and blazed by the nottority of such Illegall unwarrantable and Disgracefull act to the terror of others to Committ the like in time comeing And Anent the Charge given to the said John Lessly defender To have Compeired personally before the saids Lords of their majesties privy Councill this day3 To have answered to the grounds of the above written Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just as in the forsaid Lybell or letters and executiones therof at more length is contained Which being Called this day in presence of the saids Lords of ther majesties privy Councill, And the pursuers Compeiring personally with Sir James Ogilvie Mr Hew Dalrymple Mr David Dalrymple and Mr John Menzies his Advocats, and the defender Compeiring also personally with Sir Patrick Home and Mr David Cuninghame his advocats, And the lybell and answers therto being read, and both parties advocats fully heard The saids Lords of their majesties privy Councill Haveing Considered the lybell and answers They heirby Remitt to the Lords of Councill and Sessione to doe and determine in the matter Lybelled as they shall find Just.

1. NRS, PC2/25, 51r-53r.

2. Insertion.

3. The words ‘this day’ are an insertion.

1. NRS, PC2/25, 51r-53r.

2. Insertion.

3. The words ‘this day’ are an insertion.

Sederunt, 7 August 1694, Edinburgh

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Edinburgh the seventh day of August Jaj vjc nyntie four years1

D1694/8/122

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Annandale; Viscount Tarbat; Viscount Stair; Lord Polwarth; Lord Justice Clerk; Laird of Blackbarony; Sir Thomas Liveingstoune

Edinburgh the seventh day of August Jaj vjc nyntie four years1

D1694/8/122

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Annandale; Viscount Tarbat; Viscount Stair; Lord Polwarth; Lord Justice Clerk; Laird of Blackbarony; Sir Thomas Liveingstoune

1. NRS, PC2/25, 51r.

2. NRS, PC2/25, 51r.

1. NRS, PC2/25, 51r.

2. NRS, PC2/25, 51r.

Order, 7 August 1694, Edinburgh

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Att Edinburgh the seventh day of Agust Jaj vic nyntie four years

A1694/8/131

Order

[Recommendation concerning quartering of forces]

The Lords of their Majesties privie Councell Doe Heirby Recommend to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome To Cause quarter the Forces as the samen is adjusted betuixt the Lord High Chancelor and himself Conforme to a note to have been given in by the said Sir Thomas
The Nixt State register beginns on the fourth of September 1694. So ther is nothing wanting betuixt the registers.2

Att Edinburgh the seventh day of Agust Jaj vic nyntie four years

A1694/8/131

Order

[Recommendation concerning quartering of forces]

The Lords of their Majesties privie Councell Doe Heirby Recommend to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome To Cause quarter the Forces as the samen is adjusted betuixt the Lord High Chancelor and himself Conforme to a note to have been given in by the said Sir Thomas
The Nixt State register beginns on the fourth of September 1694. So ther is nothing wanting betuixt the registers.2

1. NRS, PC1/49, 445.

2. The record ends here.

1. NRS, PC1/49, 445.

2. The record ends here.

Sederunt, 7 August 1694, Edinburgh

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Att Edinburgh the seventh day of Agust Jaj vic nyntie four years1

A1694/8/122

Sederunt

Lord Chancelor; Earl of Drumlangrig; Earl of Southerland; Earl of Morton; Earl of Cassills; Earl of Annandale; Viscount Tarbat; Viscount Stair; Lord Poluarth; Lord Justice Clerk; Laird of Blackbarrony; Sir Thomas Livingstoun

Att Edinburgh the seventh day of Agust Jaj vic nyntie four years1

A1694/8/122

Sederunt

Lord Chancelor; Earl of Drumlangrig; Earl of Southerland; Earl of Morton; Earl of Cassills; Earl of Annandale; Viscount Tarbat; Viscount Stair; Lord Poluarth; Lord Justice Clerk; Laird of Blackbarrony; Sir Thomas Livingstoun

1. NRS, PC1/49, 444.

2. NRS, PC1/49, 444.

1. NRS, PC1/49, 444.

2. NRS, PC1/49, 444.