Tag Archives: August

Act, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/61

Act

Act Hew Sandilands baillie of Calder

Anent the petition given in to the Lords of his Majesties privy Councill be Hew Sandilands baillie in Calder Shewing That wher by the saids Lords warrand in may last the petitioner was cited to Compeir before the saids Lords upon the Nynth of Jully therafter To answer to ane Complaint at the instance of his majesties advocat for alledged contempt and high misdemeanor in Dispiseing orders and refuseing to provyde and dispose in quarters some of the officers or dragoons of the Lord Carmichealls regiment in their march throw that bounds, albeit they had provyded furrage for themselves and only asked house-room and for the petitioners not Compeirance their was an Warrand Issued furth to apprehend the petitioner Which accordingly was put in execution And the petitioner Comitted prisoner within the Tolbooth of Edinburgh wherin he still remains as to Which it was humbly Represented That the petitioner haveing received the Citation, He did apply himself to Sir Thomas Livingstoune Major Generall then Comander in Cheiff and the said Lord Carmicheall in presence of Captaine Denholm whose troop it was That was alledged to have been treated so injuriously and did represent to them (as the truth is) That the petitioner was ane Considerable space of before Discharged by the Justices of peace to Midle with the quartering of Soulders or granting billetts to them, and the trust therof Comitted to one Gaving Jamisone, Which the said Gavin did upon all Occasions performe as he was Requyred And in the present case orders haveing come to him to provyde quarters for the said troope in Midle and East Calders, He did draw billetts Accordingly, But when the troope came ther Being only to remaine for a night or two as they pretended they would not divide, and Gavin Jameson not being at home, The Comanding officer did Call for the petitioner and demanded quarters for the wholl troop within Midle Calder To whom the petitioner told that ther was never more quartered in Midle Calder at once then half ane troop and that unless the inhabitants should all part with ther beds It was Imposible to accomodate more And yet Nevertheless for the soulders accomodation and ease He would advyss the Nighbours therto for one night, and which was accordingly done and the soulders accomodate From which representatione, The said Major Generall and Lord Carmichell being Convinced that the Complaint being groundless They did allow Captaine Denholme and Mr David Douglass to siginfie2 to Sir Gilbert Eliot that in their opinion the Complaint Might be lett fall, Which accordingly they did Notwithstanding whereof at the day of Compeirance the petitioner haveing attended which he Could instantly instruct and not being Called, he thereafter returned home and rested Secure untill he was apprehended being Conscious of his oun Innocence And Seing this is the true matter of fact Primo that the petitioner hath not the power of ordering billots for quarters within that bounds, Secundo that the forsaid troope Got as good accomodation as so strait ane quarter would admitt of Tertio That the said Major Generall and Lord Carmichell were satisfied upon hearing the petitioner theranent Quarto That the petitioner did attend at the day of Compeirance and was not Called And Therfore Humbly Craveing the saids Lords in Consideration of the premisses would grant warrand for setting the petitioner at liberty at least upon his finding Suficient Caution to Compeir againe befor the saids Lords and answer to the Complaint when called as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Hew Sandilands They hereby Recomend to his Grace James Duke of Queensberry Comander in Cheiff for the time of his Majesties forces within this kingdom to give order for the petitioners Liberation incase he shall see Cause or find Just.

Edinburgh Tuesday the 6th August 1695

D1695/8/61

Act

Act Hew Sandilands baillie of Calder

Anent the petition given in to the Lords of his Majesties privy Councill be Hew Sandilands baillie in Calder Shewing That wher by the saids Lords warrand in may last the petitioner was cited to Compeir before the saids Lords upon the Nynth of Jully therafter To answer to ane Complaint at the instance of his majesties advocat for alledged contempt and high misdemeanor in Dispiseing orders and refuseing to provyde and dispose in quarters some of the officers or dragoons of the Lord Carmichealls regiment in their march throw that bounds, albeit they had provyded furrage for themselves and only asked house-room and for the petitioners not Compeirance their was an Warrand Issued furth to apprehend the petitioner Which accordingly was put in execution And the petitioner Comitted prisoner within the Tolbooth of Edinburgh wherin he still remains as to Which it was humbly Represented That the petitioner haveing received the Citation, He did apply himself to Sir Thomas Livingstoune Major Generall then Comander in Cheiff and the said Lord Carmicheall in presence of Captaine Denholm whose troop it was That was alledged to have been treated so injuriously and did represent to them (as the truth is) That the petitioner was ane Considerable space of before Discharged by the Justices of peace to Midle with the quartering of Soulders or granting billetts to them, and the trust therof Comitted to one Gaving Jamisone, Which the said Gavin did upon all Occasions performe as he was Requyred And in the present case orders haveing come to him to provyde quarters for the said troope in Midle and East Calders, He did draw billetts Accordingly, But when the troope came ther Being only to remaine for a night or two as they pretended they would not divide, and Gavin Jameson not being at home, The Comanding officer did Call for the petitioner and demanded quarters for the wholl troop within Midle Calder To whom the petitioner told that ther was never more quartered in Midle Calder at once then half ane troop and that unless the inhabitants should all part with ther beds It was Imposible to accomodate more And yet Nevertheless for the soulders accomodation and ease He would advyss the Nighbours therto for one night, and which was accordingly done and the soulders accomodate From which representatione, The said Major Generall and Lord Carmichell being Convinced that the Complaint being groundless They did allow Captaine Denholme and Mr David Douglass to siginfie2 to Sir Gilbert Eliot that in their opinion the Complaint Might be lett fall, Which accordingly they did Notwithstanding whereof at the day of Compeirance the petitioner haveing attended which he Could instantly instruct and not being Called, he thereafter returned home and rested Secure untill he was apprehended being Conscious of his oun Innocence And Seing this is the true matter of fact Primo that the petitioner hath not the power of ordering billots for quarters within that bounds, Secundo that the forsaid troope Got as good accomodation as so strait ane quarter would admitt of Tertio That the said Major Generall and Lord Carmichell were satisfied upon hearing the petitioner theranent Quarto That the petitioner did attend at the day of Compeirance and was not Called And Therfore Humbly Craveing the saids Lords in Consideration of the premisses would grant warrand for setting the petitioner at liberty at least upon his finding Suficient Caution to Compeir againe befor the saids Lords and answer to the Complaint when called as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Hew Sandilands They hereby Recomend to his Grace James Duke of Queensberry Comander in Cheiff for the time of his Majesties forces within this kingdom to give order for the petitioners Liberation incase he shall see Cause or find Just.

1. NRS, PC2/26, 4v-5v.

2. Sic.

1. NRS, PC2/26, 4v-5v.

2. Sic.

Act, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/51

Act

Act The Brewars of Edinburgh and liberties therof

The Lords of his Majesties privy Councill having Considered a supplication given in to them be the brewers within the toune of Edinburgh and Liberties therof and other adjacent brewers Representing That the honorable Estates of parliament having by their act dated the sixtein day of Jully last annexed to his majesties Croun thrie pennies Scots upon the pynt of ale and beer browen to be vented and sold And that over and above the former two pennies Imposed theron As also thrie shilling more upon ilk pynt of accquavitis or strong watters not made of malt and haveing ordained the ale to be sold at twentie Eight penies per pynt as the least pryce therof and having authorized and Impowered their Lordships to prescrib such methods and orders as they should Judge necessary in relation to the forsaid act The Supplicants humbly Crave Liberty to make the representation following primo That the excisses being laid upon the brewers and therupon the pryce of ale being raised Which is payed to the Ventner It is Just and reasonable that the brewer should be allowed to raise his pryce proportionally as wes done when the ale was Cryed up formerly to two shilling the pynt Otherwayes the ventner will reap the wholl benefit and the brewers Cary the wholl burden Which is humbly conceived was never the designe of the act of Parliament Secundo If the nighbouring ventners in Abbay, Yeard heads of Leith, Caldtoune and other adjacent places to the petitioners should take upon them to sell ther ale at two shilling, per pynt being so near and Contiguous to the petitioners, The samen will not only evacuat the designe of the act of parliament by drawing all the Consumpt to them But likewayes will tend to the petitioners ruine and so Consequence ill to his majesties Loss Which was hoped the saids Lords would take to their Consideration And Therfor Humbly Craveing to the effect underwritten as the said petition bears The saids Lords of his Majesties privy Counsill Do heirby Ordaine and Allow the petitioners to raise the pryce of all cite to be vented and sold within the burgh of Edinburgh Suburbs and Liberties thereof and yeard heads of Leith proportionally as the ventners are allowed to raise the same and Discharge the nighbouring ventners within the Abbay, The yeardheads of Leith, Caldtoune and other adjacent places to the petitioners to see their ale at a Lower rate then the pryce appointed to the petitioners with and under the same Certification and penaltie appointed to ventners within burgh and appoints thir presents to be printed and published at the marcat place of Edinburgh and other places needfull.

Edinburgh Tuesday the 6th August 1695

D1695/8/51

Act

Act The Brewars of Edinburgh and liberties therof

The Lords of his Majesties privy Councill having Considered a supplication given in to them be the brewers within the toune of Edinburgh and Liberties therof and other adjacent brewers Representing That the honorable Estates of parliament having by their act dated the sixtein day of Jully last annexed to his majesties Croun thrie pennies Scots upon the pynt of ale and beer browen to be vented and sold And that over and above the former two pennies Imposed theron As also thrie shilling more upon ilk pynt of accquavitis or strong watters not made of malt and haveing ordained the ale to be sold at twentie Eight penies per pynt as the least pryce therof and having authorized and Impowered their Lordships to prescrib such methods and orders as they should Judge necessary in relation to the forsaid act The Supplicants humbly Crave Liberty to make the representation following primo That the excisses being laid upon the brewers and therupon the pryce of ale being raised Which is payed to the Ventner It is Just and reasonable that the brewer should be allowed to raise his pryce proportionally as wes done when the ale was Cryed up formerly to two shilling the pynt Otherwayes the ventner will reap the wholl benefit and the brewers Cary the wholl burden Which is humbly conceived was never the designe of the act of Parliament Secundo If the nighbouring ventners in Abbay, Yeard heads of Leith, Caldtoune and other adjacent places to the petitioners should take upon them to sell ther ale at two shilling, per pynt being so near and Contiguous to the petitioners, The samen will not only evacuat the designe of the act of parliament by drawing all the Consumpt to them But likewayes will tend to the petitioners ruine and so Consequence ill to his majesties Loss Which was hoped the saids Lords would take to their Consideration And Therfor Humbly Craveing to the effect underwritten as the said petition bears The saids Lords of his Majesties privy Counsill Do heirby Ordaine and Allow the petitioners to raise the pryce of all cite to be vented and sold within the burgh of Edinburgh Suburbs and Liberties thereof and yeard heads of Leith proportionally as the ventners are allowed to raise the same and Discharge the nighbouring ventners within the Abbay, The yeardheads of Leith, Caldtoune and other adjacent places to the petitioners to see their ale at a Lower rate then the pryce appointed to the petitioners with and under the same Certification and penaltie appointed to ventners within burgh and appoints thir presents to be printed and published at the marcat place of Edinburgh and other places needfull.

1. NRS, PC2/26, 4r-4v.

1. NRS, PC2/26, 4r-4v.

Judicial Proceedings, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/41

Judicial Proceedings

Remitt and Recommendation David Symson

Anent the petition given in to the Lords of his Majesties privy Councill be David Symson now in his Majesties service under the Comand of Captaine Hary Martine Captaine of the Berwick Friggot Shewing That Mr William Touch in Leven taking advantage of the petitioners absence from this kingdome did most surreptitiously procure ane Decreet against him for the pryce of Six Chalders of salt shiped aboard of ane Ship for Dantzick wherof the petitioner was then master, Which Decreet was Suspended and after debate was turned to ane lybell and the verity of the debt and the Circumstances therof referred to the petitioners oath and a day assigned for the petitioner to depone and Comision granted for taking his oath Which Commission was extracted by the petitioners freinds at Edinburgh and sent to London To have been sent from that place to the Smyrna Fleet wherin the petitioner was for the time But because no notice could be then gott wher the said Fleett was, The Commission was returned to Edinburgh and the terme was Circumdined against the petitioner for not deponeing and it having pleased the almighty God to send the said Fleet Safely home to Ingland the petitioner did procure Liberty from his said Captaine to come hither to Scotland to visit his poor wife and familly who were Lying under the pressure of the said Mr William Touchs Severity for the forsaid most unjust debt and who would have no pitty nor Compassion on them, The petitioner did apply to the Lords of Session and upon most Just grounds have obtained Suspension of that debt, But because It is now the time of vaccance So that their Lordships Cannot take the petitioners oath anent the point referred therto and that of necessity he must returne to his majesties Service so soon as his said Captaine Shall Call him, Which he may doe when ever he pleases And Therfore humbly Craving the saids Lords would Grant Warrand and Comission to any of the saids Lords of session who shall hapen to be ordinar upon the bills for the time to take the petitioners oath now in the time of vaccance upon the points referred therto in the forsaid matter And to Ordaine the same to Lye in the proces till the event of the Cause That so the Said Mr William Touch may have no Occasion hence of taking advantadge of the petitioner when he is aboard in2 his majesties service or at least that their Lordships would Declair if the said Mr William shall now Declyne to take his oath That no new Circumduction of the terme shall be pronunced against him during his absence out of the Countrey and till he returne againe from his majesties service to this kingdome as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above David Symsone They heirby Remitt and Recomend to any of the ordinary Lords of Session who shall be upon the bills for the time to take the oath and deposition of the petitioner now in the time of vaccancie upon the points referred therto Conforme to the petition and Comission granted be the Lords of Session mentioned therin And if need bees Authorizes the said Lord Ordinary to the effect forsaid And appoints the oath when taken to Lye in the process till the event of the cause.

Edinburgh Tuesday the 6th August 1695

D1695/8/41

Judicial Proceedings

Remitt and Recommendation David Symson

Anent the petition given in to the Lords of his Majesties privy Councill be David Symson now in his Majesties service under the Comand of Captaine Hary Martine Captaine of the Berwick Friggot Shewing That Mr William Touch in Leven taking advantage of the petitioners absence from this kingdome did most surreptitiously procure ane Decreet against him for the pryce of Six Chalders of salt shiped aboard of ane Ship for Dantzick wherof the petitioner was then master, Which Decreet was Suspended and after debate was turned to ane lybell and the verity of the debt and the Circumstances therof referred to the petitioners oath and a day assigned for the petitioner to depone and Comision granted for taking his oath Which Commission was extracted by the petitioners freinds at Edinburgh and sent to London To have been sent from that place to the Smyrna Fleet wherin the petitioner was for the time But because no notice could be then gott wher the said Fleett was, The Commission was returned to Edinburgh and the terme was Circumdined against the petitioner for not deponeing and it having pleased the almighty God to send the said Fleet Safely home to Ingland the petitioner did procure Liberty from his said Captaine to come hither to Scotland to visit his poor wife and familly who were Lying under the pressure of the said Mr William Touchs Severity for the forsaid most unjust debt and who would have no pitty nor Compassion on them, The petitioner did apply to the Lords of Session and upon most Just grounds have obtained Suspension of that debt, But because It is now the time of vaccance So that their Lordships Cannot take the petitioners oath anent the point referred therto and that of necessity he must returne to his majesties Service so soon as his said Captaine Shall Call him, Which he may doe when ever he pleases And Therfore humbly Craving the saids Lords would Grant Warrand and Comission to any of the saids Lords of session who shall hapen to be ordinar upon the bills for the time to take the petitioners oath now in the time of vaccance upon the points referred therto in the forsaid matter And to Ordaine the same to Lye in the proces till the event of the Cause That so the Said Mr William Touch may have no Occasion hence of taking advantadge of the petitioner when he is aboard in2 his majesties service or at least that their Lordships would Declair if the said Mr William shall now Declyne to take his oath That no new Circumduction of the terme shall be pronunced against him during his absence out of the Countrey and till he returne againe from his majesties service to this kingdome as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above David Symsone They heirby Remitt and Recomend to any of the ordinary Lords of Session who shall be upon the bills for the time to take the oath and deposition of the petitioner now in the time of vaccancie upon the points referred therto Conforme to the petition and Comission granted be the Lords of Session mentioned therin And if need bees Authorizes the said Lord Ordinary to the effect forsaid And appoints the oath when taken to Lye in the process till the event of the cause.

1. NRS, PC2/26, 3r-4r.

2. Insertion.

1. NRS, PC2/26, 3r-4r.

2. Insertion.

Order, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/31

Order

Order The Magistrats of Air to execute Baird

The Lords of his Majesties privy Councill Doe heirby Ordaine the Magistrats of Air to Cuase put to executione the Sentence of Death pronunced against Margret Baird prisoner ther and to prepair and furnish ane executioner for that effect And Ordaines Letters of horning one six dayes to be direct under the signet of Councill against the saids Magistrats to be particularly named in the saids letters to the effect forsaid.

Edinburgh Tuesday the 6th August 1695

D1695/8/31

Order

Order The Magistrats of Air to execute Baird

The Lords of his Majesties privy Councill Doe heirby Ordaine the Magistrats of Air to Cuase put to executione the Sentence of Death pronunced against Margret Baird prisoner ther and to prepair and furnish ane executioner for that effect And Ordaines Letters of horning one six dayes to be direct under the signet of Councill against the saids Magistrats to be particularly named in the saids letters to the effect forsaid.

1. NRS, PC2/26, 3r.

1. NRS, PC2/26, 3r.

Judicial Proceedings, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/21

Judicial Proceedings

Remit Mongo Carnegie Against Rait and Arbuthnot

Anent the Lybell or Complaint raised and pursued befor the Lords of his Majesties privy Councill at the instance of Mr Mongo Carnegie Advocat factor appointed by the saids Lords of privy Councill for uplifting the rents of the estate of Arbuthnot for the Cropt and year of God Jaj vic nyntie four with Concourse of Sir James Stewart his Majesties Advocat for his highnes intrest in the matter underwritten Mentioning That wher albeit by the Comon Law the termes of this and all other weell governed nationes and specially by the lawes and Constant practicqs of this Kingdome, The violent and unwarrantable breaking open of doors of houses or girnells after the Same are sealed and Locked before famous witnesses and ane instrument taken thereupon and the away takeing and spulzieing of meall and other goods therein Be a Cryme of ane high nature and Severly punishable Nevertheless It is of verity that this pursuer as factor forsaid haveing secured an parcell of meall of the Cropt Jaj vic nyntie four in the Girnells at Gourdon By putting his oun Sealls and new locks upon the Girnell doors and that be vertue of Alexander Leith of Uris the baron baillie his Decreet And the said pursuer haveing sometime therafter sold all the meall more or less that was in the saids Girnells to Baillie Mylne Baillie Mudie and Alexander Ferguson merchants in Montross and was to be delyvered out to them by Sworn metsters, yet George Auchterlonie Robert Arbuthnot merchants in Montross and Alexander Innes and William Rait servitors to the late Viscount having heard of the pursuer his Selling and disposeing of the said meall as said is to the persones above named upon the twentie Sixth, Twentie Seventh or Twentie Eight dayes of the moneth of June last or ane or other of the dayes of the said moneth Did at their oun hands without any order of Law or Justice most violently break open the saids Girnells or Caused break open the same in their presence or by their order or vys et modis unknowen break in therupon throw some unaccustumed entrie therto and spulzied and away took ane Thousand bolls or therabouts victuall out of the saids Girnells Notwithstanding that the same was still in the pursuers possession and after the Girnells were so secured by him before witnesses, and ane instrument taken therupon as said is and Caused put the greatest part therof one be and Alexander Anderson Skiper in Montross his Ship and Gave him orders to saill for Bruntisland, Leith or Borowstouness and Liber the same ther and part therof in Adjacent tenents housses without the Lands of Arbuthnot intending therby to put the same out of the pursuer his reach By all which the said persones above Complained upon Being found guilty or2 airt and part of the saids Crymes They Ought and Should be Decerned not only to restore the meall so unwarrantably taken away by them as said is or the pryce of the same as it is to the persones abovenamed But Likewayes should bee made lyable in the penaltie contained in the Contraits betwixt the said pursuer and the saids baillie Mylne, Baillie Mudie and Alexander Fergusone and of the sum of […] of Damnages and expences sustained by the pursuer throw their unwarantable Spulzieing and away taking the meall as said is, And otherwayes severly punished in their persones and goods to the teror of others to Comitt and do the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the forsaid Complainer and to have heard and seen such order and Course taken theranent as appertained Under the paine of rebellion and puting of them to the horn with Certificatione etc As in the principall letters or lybell raised in the said matter and executions therof at more length is Contained Which Lybell being this day Called in presence of the Lords of his Majesties privy Councill and the pursuer Compeiring personally with Sir James Stewart his majesties advocat Sir James Ogilvie and Mr David Cuninghame and Mr John Menzies his Advocats And the defenders Compeiring Also personally with Sir Patrick Home Mr David Forbes Mr David Dalrymple and Mr William Black ther advocats The Lybell with the answers therto for Alexander Innes and William Rait and also the answers for baillie Auchterlony and Robert Arbuthnot read And both parties and ther advocats being fully heard and the Lords having Considered the Lybell and answers and haill debate in the matter They Find the Lybell not Relevant to inferr a Ryot And Therfore Remits the matter Lybelled to be pursued before the Judge ordinary as to the Civill intrest as accords in Law.

Edinburgh Tuesday the 6th August 1695

D1695/8/21

Judicial Proceedings

Remit Mongo Carnegie Against Rait and Arbuthnot

Anent the Lybell or Complaint raised and pursued befor the Lords of his Majesties privy Councill at the instance of Mr Mongo Carnegie Advocat factor appointed by the saids Lords of privy Councill for uplifting the rents of the estate of Arbuthnot for the Cropt and year of God Jaj vic nyntie four with Concourse of Sir James Stewart his Majesties Advocat for his highnes intrest in the matter underwritten Mentioning That wher albeit by the Comon Law the termes of this and all other weell governed nationes and specially by the lawes and Constant practicqs of this Kingdome, The violent and unwarrantable breaking open of doors of houses or girnells after the Same are sealed and Locked before famous witnesses and ane instrument taken thereupon and the away takeing and spulzieing of meall and other goods therein Be a Cryme of ane high nature and Severly punishable Nevertheless It is of verity that this pursuer as factor forsaid haveing secured an parcell of meall of the Cropt Jaj vic nyntie four in the Girnells at Gourdon By putting his oun Sealls and new locks upon the Girnell doors and that be vertue of Alexander Leith of Uris the baron baillie his Decreet And the said pursuer haveing sometime therafter sold all the meall more or less that was in the saids Girnells to Baillie Mylne Baillie Mudie and Alexander Ferguson merchants in Montross and was to be delyvered out to them by Sworn metsters, yet George Auchterlonie Robert Arbuthnot merchants in Montross and Alexander Innes and William Rait servitors to the late Viscount having heard of the pursuer his Selling and disposeing of the said meall as said is to the persones above named upon the twentie Sixth, Twentie Seventh or Twentie Eight dayes of the moneth of June last or ane or other of the dayes of the said moneth Did at their oun hands without any order of Law or Justice most violently break open the saids Girnells or Caused break open the same in their presence or by their order or vys et modis unknowen break in therupon throw some unaccustumed entrie therto and spulzied and away took ane Thousand bolls or therabouts victuall out of the saids Girnells Notwithstanding that the same was still in the pursuers possession and after the Girnells were so secured by him before witnesses, and ane instrument taken therupon as said is and Caused put the greatest part therof one be and Alexander Anderson Skiper in Montross his Ship and Gave him orders to saill for Bruntisland, Leith or Borowstouness and Liber the same ther and part therof in Adjacent tenents housses without the Lands of Arbuthnot intending therby to put the same out of the pursuer his reach By all which the said persones above Complained upon Being found guilty or2 airt and part of the saids Crymes They Ought and Should be Decerned not only to restore the meall so unwarrantably taken away by them as said is or the pryce of the same as it is to the persones abovenamed But Likewayes should bee made lyable in the penaltie contained in the Contraits betwixt the said pursuer and the saids baillie Mylne, Baillie Mudie and Alexander Fergusone and of the sum of […] of Damnages and expences sustained by the pursuer throw their unwarantable Spulzieing and away taking the meall as said is, And otherwayes severly punished in their persones and goods to the teror of others to Comitt and do the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the forsaid Complainer and to have heard and seen such order and Course taken theranent as appertained Under the paine of rebellion and puting of them to the horn with Certificatione etc As in the principall letters or lybell raised in the said matter and executions therof at more length is Contained Which Lybell being this day Called in presence of the Lords of his Majesties privy Councill and the pursuer Compeiring personally with Sir James Stewart his majesties advocat Sir James Ogilvie and Mr David Cuninghame and Mr John Menzies his Advocats And the defenders Compeiring Also personally with Sir Patrick Home Mr David Forbes Mr David Dalrymple and Mr William Black ther advocats The Lybell with the answers therto for Alexander Innes and William Rait and also the answers for baillie Auchterlony and Robert Arbuthnot read And both parties and ther advocats being fully heard and the Lords having Considered the Lybell and answers and haill debate in the matter They Find the Lybell not Relevant to inferr a Ryot And Therfore Remits the matter Lybelled to be pursued before the Judge ordinary as to the Civill intrest as accords in Law.

1. NRS, PC2/26, 2r-3r.

2. Insertion.

1. NRS, PC2/26, 2r-3r.

2. Insertion.

Sederunt, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 16951

D1695/8/12

Sederunt

Lord Chancelor; Earl of Melvill P: Seall; Duke of Queensberry; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Beilhaven; Lord Polwarth; Mr Johnston Secretary; Lord Advocat; Lord Hatton; Laird of Grant; Laird of Blackbarrony; Laird of Stivenson; Sir George Campbell; Lord Provest of Edinburgh

Edinburgh Tuesday the 6th August 16951

D1695/8/12

Sederunt

Lord Chancelor; Earl of Melvill P: Seall; Duke of Queensberry; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Beilhaven; Lord Polwarth; Mr Johnston Secretary; Lord Advocat; Lord Hatton; Laird of Grant; Laird of Blackbarrony; Laird of Stivenson; Sir George Campbell; Lord Provest of Edinburgh

1. NRS, PC2/26, 2r.

2. NRS, PC2/26, 2r.

1. NRS, PC2/26, 2r.

2. NRS, PC2/26, 2r.

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.